under its jurisdiction, to notify the complainant that it does not investigate that type of complaint. The bill would require the employee or agent to provide the notice described above within 10 days of the employee or agency submitting their findings to the department and to conduct a followup site visit to determine whether the facility has ceased providing services as required. The bill would authorize, in counties that elect to administer the Drug Medi -Cal organized delivery system and that provide optional recovery housing services, the county behavioral health agency to request approval from the department to conduct a site visit of a recovery residence that is alleged to be operating without a license. (Based on 07/17/2025 text)
Position: Support
Priority: (4) Standard
Subject: Human Services, Recreation, Quality of Life, Planning, Land Use, Housing Misc2: League of Cities Sponsored
SB 360 (Rubio, D) Land conservation: California Wildlife, Coastal, and Park Land Conservation Act: County of San Bernardino.
Current Text: 05/23/2025 - Amended HTML PDF
Status: 06/05/2025 - Referred to Com. on W. P., & W.
Location: 06/05/2025 - Assembly Water, Parks and Wildlife Summary: (1)The California Wildlife, Coastal, and Park Land Conservation Act, an initiative measure approved by the voters in the June 7, 1988, statewide primary election, provided bond funds for wildlife, coastal, and parkland conservation. The initiative measure authorizes the act to be amended by a 2/3 vote of the Legislature if the amendment is co nsistent with the purposes of the act. Existing law requires an applicant receiving state funds under the act to maintain any property acquired in perpetuity, as specified, to use the property only for the purposes stated in the act, and to make no other use, sale, or other disposition of the property except as authorized by a specific act of the Legislature. Existing law authorizes the County of San Bernardino to sell or exchange property it owns within the Chino Agricultural Preserve that was purchased with grant funds if it meets certain conditions. This bill would additionally authorize preservation of those lands or easements for park and recreational purposes, and would explicitly include, to the extent they are consistent with the purposes of the act, playgrounds, recreational venues, and preservation of historical resources as appropriate purposes. (Based on 05/23/2025 text)
Position: Support
Priority: (2) Priority
Subject: Human Services, Recreation, Quality of Life
SB 1149 (Durazo, D) Employees: bereavement leave.
Current Text: 02/18/2026 - Introduced HTML PDF
Status: 02/26/2026 - Referred to Com. on L., P.E. & R.
Location: 02/26/2026 - Senate Labor, Public Employment and Retirement Summary: Current law makes it an unlawful employment practice for an employer to refuse to grant a request by any employee to take up to 5 days of bereavement leave upon the death of a family member, as defined, to refuse to hire, or to discharge, demote, fine, suspend, expel, or discriminate against, an individual because of the individual’s exercise of the right to bereavement leave or because of the individual’s giving information or testimony as to their own or another person’s bereavement leave, or to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any of these rights, as specified. This bill would include a 110
designated person in the definition of “family member” for purposes of these provisions relating to bereavement leave. (Based on 02/18/2026 text)
Priority: (5) Track/Watch
Subject: Human Services, Recreation, Quality of Life
Legal and Records Management
AB 1544 (Krell, D) Court proceedings: media access.
Current Text: 01/05/2026 - Introduced HTML PDF
Status: 02/17/2026 - Referred to Coms. on PUB. S. and JUD.
Location: 02/17/2026 - Assembly Public Safety
Summary: Current law authorizes specified peace officers to close the immediate area surrounding any emergency field command post or other command post or to establish a police line or rolling closure at a demonstration, march, protest, or rally, as specified. Current law exempts a duly authorized representative of any news service, online news service, newspaper, or radio or television station or network from the provisions prohibiting entry into the closed areas mentioned above. This bill would bar a judicial officer, peace officer, or other law enforcement officer from prohibiting a duly authorized representative of a news service, online news service, newspaper, or radio or television station or network from accessing court proceedings that are open to the public. (Based on 01/05/2026 text) Subject: Legal and Records Management, Public Safety
Municipal Funding and Procurement
AB 262 (Caloza, D) California Individual Assistance Act.
Current Text: 05/23/2025 - Amended HTML PDF
Status: 06/11/2025 - Referred to Com. on G.O.
Location: 06/11/2025 - Senate Governmental Organization Summary: The California Disaster Assistance Act requires the Director of Emergency Services to provide financial assistance to local agencies for their personnel costs, equipment costs, and the cost of supplies and materials used during disaster response activities, i ncurred as a result of a state of emergency proclaimed by the Governor, subject to specified criteria.
The act continuously appropriates moneys in the Disaster Assistance Fund and its subsidiary account, the Earthquake Emergency Investigations Account, without regard to fiscal year, for purposes of the act. This bill would enact the California Individual Assistance Act to establish a grant program to provide financial assistance, upon appropriation by the Legislature, to local agencies, community-based organizations, and individuals for specified costs related to a disaster, as prescribed. The bill would require the director to allocate from the fund, subject to specified conditions, funds to meet the cost of expenses for those purposes. (Based on 05/23/2025 text)
Priority: (6) Info only
Subject: Municipal Funding and Procurement, Public Safety Misc2: League of Cities Sponsored
AB 532 (Ransom, D) Water rate assistance program.
Current Text: 07/17/2025 - Amended HTML PDF
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Status: 08/29/2025 - Failed Deadline pursuant to Rule 61(a)(11). (Last location was APPR.
SUSPENSE FILE on 8/18/2025)(May be acted upon Jan 2026)
Location: 08/29/2025 - Senate 2 YEAR
Summary: Current federal law, the Consolidated Appropriations Act, 2021 requires the federal Department of Health and Human Services to carry out a Low-Income Household Drinking Water and Wastewater Emergency Assistance Program, which is also known as the Low Income Household Water Assistance Program, for making grants to states and Indian tribes to assist low-income households that pay a high proportion of household income for drinking water and wastewater services, as provided. Current law requires the Department of Community Services and Development to administer the Low Income Household Water Assistance Program in this state, and to receive and expend moneys appropriated and allocated to the state for purposes of that program, pursuant to the above-described federal law. The Low Income Household Water Assistance Program was only operative until March 31, 2024. This bill would repeal the above-described requirements related to the Low Income Household Water Assistance Program. (Based on 07/17/2025 text) Priority: (4) Standard
Subject: Municipal Funding and Procurement, Trash, Recycling, Water, Resources
AB 1198 (Haney, D) Public works: prevailing wages.
Current Text: 01/22/2026 - Amended HTML PDF
Status: 01/29/2026 - Read third time. Passed. Ordered to the Senate. (Ayes 65. Noes 6.) In Senate. Read first time. To Com. on RLS. for assignment.
Location: 01/29/2026 - Senate Rules
Summary: Current law requires that, except as specified, not less than the general prevailing rate of per diem wages, determined by the Director of Industrial Relations, be paid to workers employed on public works projects. Current law requires the body awarding a contract for a public work to obtain from the director the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is to be performed, and the general prevailing rate of per diem wages for holiday and overtime work, for each craft, classification, or type of worker needed to execute the contract. Under current law, if the director determines during any quarterly period that there has been a change in any prevailing rate of per diem wages in a locality, the director is required to make that change available to the awarding body and their determination is final. Under current law, that determination does not apply to public works contracts for which the notice to bidders has been published. This bill would instead state, commencing July 1, 2027, that if the director determines, within a semiannual period, that there is a change in any prevailing rate of per diem wages in a locality, that determination applies to any public works contract that is awarded or for which notice to bidders is published after July 1, 2027. The bill would authorize any contractor, awarding body, or specified representative affected by a change in rates on a particular contract to, within 20 days, file with the director a verified petition to review the determination of that rate, as specified. The bill would require the director to, upon notice to the interested parties, initiate an investigation or hold a hearing, and, within 20 days after the filing of that petition, except as specified, make a final determination and transmit the determination in writing to the awarding body and to the interested parties. (Based on 01/22/2026 text)
Position: Oppose
Priority: (4) Standard
Subject: Municipal Funding and Procurement, Transportation & Infrastructure
AB 1421 (Wilson, D) Vehicles: Road Usage Charge Technical Advisory Committee. 112
Current Text: 01/05/2026 - Amended HTML PDF
Status: 01/29/2026 - Read third time. Passed. Ordered to the Senate. (Ayes 49. Noes 21.) In Senate. Read first time. To Com. on RLS. for assignment.
Location: 01/29/2026 - Senate Rules
Summary: Current law requires the Chair of the California Transportation Commission to create a Road Usage Charge Technical Advisory Committee in consultation with the Secretary of Transportation to guide the development and evaluation of a pilot program assessing the potential for mileage-based revenue collection as an alternative to the gas tax system. Current law additionally requires the Transportation Agency, in consultation with the commission, to implement the pilot program, as specified. Current law repeals these provisions on January 1, 2027. This bill would require the commission, in consultation with the Transportation Agency, to consolidate and prepare research and recommendations related to a road user charge or a mileage-based fee system. The bill would require the commission to submit a report, as specified, on the research and recommendations described above to the appropriate policy and fiscal committees of the Legislature by no later than January 1, 2027. (Based on 01/05/2026 text)
Priority: (5) Track/Watch
Subject: Municipal Funding and Procurement, Transportation & Infrastructure
AB 1563 (Gabriel, D) Budget Act of 2026.
Current Text: 01/09/2026 - Introduced HTML PDF
Status: 01/10/2026 - From printer.
Location: 01/09/2026 - Assembly PRINT
Summary: Would make appropriations for the support of state government for the 2026–27 fiscal year. (Based on 01/09/2026 text)
Priority: (5) Track/Watch
Subject: Municipal Funding and Procurement
AB 1596 (Davies, R) Sales and Use Tax Law: exemptions: infant car seats.
Current Text: 01/16/2026 - Introduced HTML PDF
Status: 02/02/2026 - Referred to Com. on REV. & TAX.
Location: 02/02/2026 - Assembly Revenue and Taxation
Summary: Current state sales and use tax laws impose a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state or on the storage, use, or other consumption in this state of tangible personal property purchas ed from a retailer for storage, use, or other consumption in this state. This bill would, on and after January 1, 2027, and before January 1, 2032, exempt from those taxes the gross receipts from the sale of, and the storage, use, or other consumption of, infant car seats, as defined. (Based on 01/16/2026 text)
Subject: Municipal Funding and Procurement
AB 1783 (DeMaio, R) Additional local taxes: vehicle miles traveled tax.
Current Text: 02/09/2026 - Introduced HTML PDF
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Status: 02/10/2026 - From printer. May be heard in committee March 12.
Location: 02/09/2026 - Assembly PRINT
Summary: Current law authorizes the legislative body of a city or county to impose various taxes, including occupancy taxes and sales and use taxes. Existing law also prohibits a city and county form imposing certain taxes, such as a tax upon income. This bill would prohibit a city, county, or any political subdivision thereof from imposing a tax, fee, assessment, or charge, that is calculated, in whole or in part, based on the number of miles traveled by a motor vehicle. The bill would not prohibit the collection of tolls for the use of specific facilities, as provided. The bill would provide that any existing program, pilot program, regulation, or administrative action inconsistent with this prohibition is void and unenforceable. (Based on 02/09/2026 text)
Priority: (5) Track/Watch
Subject: Municipal Funding and Procurement, Transportation & Infrastructure
AB 2033 (Papan, D) Local Agency Public Construction Act: job order contracting.
Current Text: 02/17/2026 - Introduced HTML PDF
Status: 03/02/2026 - Referred to Com. on L. GOV.
Location: 03/02/2026 - Assembly Local Government
Summary: The Local Agency Public Construction Act sets forth procedures that a local agency is required to follow when procuring certain services or work. Existing law authorizes certain local agencies to engage in job order contracting, as prescribed. This bill would authorize the city council to award individual annual job order contracts, not to exceed $500,000, as specified, for repair, remodeling, or other repetitive work to be done according to unit prices. The bill would prohibit, among other things, annual contracts from being awarded for any new construction. The bill would require the contracts to be awarded to the lowest responsible bidder and be based on plans and specifications for typical work. (Based on 02/17/2026 text)
Position: Support
Priority: (4) Standard
Subject: Municipal Funding and Procurement, Transportation & Infrastructure
SB 549 (Allen, D) Local government: Second Neighborhood Infill Finance and Transit Improvements Act: Resilient Rebuilding Authority for the Los Angeles Wildfires.
Current Text: 06/23/2025 - Amended HTML PDF
Status: 09/12/2025 - Failed Deadline pursuant to Rule 61(a)(14). (Last location was L. GOV on 9/10/2025)(May be acted upon Jan 2026)
Location: 09/10/2025 - Assembly 2 YEAR
Summary: The Second Neighborhood Infill Finance and Transit Improvements Act, or NIFTI - 2, authorizes a city, county, or city and county to adopt a resolution, at any time before or after the adoption of the infrastructure financing plan for an enhanced infrastructure financing district, to allocate tax revenues of that entity to the district, including revenues derived from local sales and use taxes imposed pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or transactions and use taxes imposed in accordance with the Transactions and Use Tax Law, if certain conditions are met, including that the boundaries of the enhanced infrastructure financing district are coterminous with the city or county that established the 114
district. This bill would revise NIFTI-2 to instead authorize, for resolutions adopted under that act’s provisions on or after January 1, 2026, a city, county, or city and county to adopt a resolution, at any time before or after the adoption of the infrastructure financing plan for an enhanced infrastructure financing district, to allocate property tax revenues, and to r emove the authorization for adoption of a resolution that allocates revenues derived from local sales and use taxes imposed pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or transactions and use taxes. The bill would also repeal the condition that the boundaries of the enhanced infrastructure financing district are coterminous with the city or county that established the district (Based on 06/23/2025 text)
Priority: (5) Track/Watch
Subject: Municipal Funding and Procurement, Planning, Land Use, Housing
SB 879 (Laird, D) Budget Act of 2026.
Current Text: 01/09/2026 - Introduced HTML PDF
Status: 01/12/2026 - Read first time.
Location: 01/09/2026 - Senate Budget and Fiscal Review
Summary: Would make appropriations for the support of state government for the 2026–27 fiscal year. This bill contains other related provisions. (Based on 01/09/2026 text) Priority: (5) Track/Watch
Subject: Municipal Funding and Procurement
SB 922 (Laird, D) Vehicles: local agency charges: use of streets or highways.
Current Text: 03/11/2026 - Amended HTML PDF
Status: 03/11/2026 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. GOV.
Location: 02/11/2026 - Senate Local Government
Summary: Existing law prohibits a local agency from imposing a tax, permit fee, or other charge for the privilege of using its streets or highways, other than a permit fee for an extralegal load unless the local agency had imposed the fee prior to June 1, 1989. This bill would expressly limit this prohibition to charges based on weight. The bill would also explicitly state that a fee, charge, or surcharge imposed by or for a local agency to recover the cost of street maintenance and repair and other costs associated with the use of its streets, roads, or highways to provide public services or public works is not a tax, permit fee, or other charge that is prohibited by the provision above. (Based on 03/11/2026 text) Position: Support
Priority: (3) Significant
Subject: Municipal Funding and Procurement, Transportation & Infrastructure
Planning, Land Use, Housing
AB 11 (Lee, D) The Social Housing Act.
Current Text: 12/02/2024 - Introduced HTML PDF
Status: 07/17/2025 - Failed Deadline pursuant to Rule 61(a)(10). (Last location was HOUSING on 6/11/2025)(May be acted upon Jan 2026)
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Location: 07/17/2025 - Senate 2 YEAR
Summary: Would enact the Social Housing Act and would create the California Housing Authority as an independent state body, the mission of which would be to ensure that social housing developments that are produced and acquired align with the goals of eliminating the gap between housing production and regional housing needs assessment targets and preserving affordable housing. The bill would prescribe a definition of social housing that would describe, in addition to housing owned by the authority, housing owned by other entities, as specified, provided that all social housing developed or authorized by the authority would be owned by the authority. (Based on 12/02/2024 text)
Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing
AB 222 (Bauer-Kahan, D) Data centers: power usage effectiveness: cost shifts.
Current Text: 07/07/2025 - Amended HTML PDF
Status: 08/29/2025 - Failed Deadline pursuant to Rule 61(a)(11). (Last location was APPR.
SUSPENSE FILE on 8/18/2025)(May be acted upon Jan 2026)
Location: 08/29/2025 - Senate 2 YEAR
Summary: Current law requires the State Energy Resources Conservation and Development Commission (Energy Commission) to biennially adopt an integrated energy policy report, as specified, and to make the reports accessible to state, local, and federal entities and to the general public. This bill would require the Energy Commission to establish a process for the owner of a data center, as defined, to submit the power usage effectiveness ratio, as defined, for the data center to the Energy Commission on a biannual basis, and require the owner of a data center to submit this information for the data center in the manner and timeframe specified by the Energy Commission. (Based on 07/07/2025 text)
Position: Support
Priority: (4) Standard
Subject: Planning, Land Use, Housing
AB 306 (Schultz, D) Building regulations: state building standards.
Current Text: 06/23/2025 - Amended HTML PDF
Status: 06/23/2025 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HOUSING.
Location: 04/23/2025 - Senate Housing
Summary: Current law establishes the Department of Housing and Community Development (department) in the Business, Consumer Services, and Housing Agency. The California Building Standards Law establishes the California Building Standards Commission (commission) within the Department of General Services. Current law requires the commission to approve and adopt building standards and to codify those standards in the California Building Standards Code (code). The State Housing Law establishes statewide construction and occupancy standards for buildings used for human habitation. Current law requires, among other things, the building standards adopted and submitted by the department for approval by the commission, as specified, to be adopted by reference, with certain exceptions. Current law authorizes any city or county to make changes in those building standards that are published in the code, including to green building standards. Current law requires the governing body of a 116
city or county, before making modifications or changes to those green building standards, t o make an express finding that those modifications or changes are reasonably necessary because of local climatic, geological, or topographical conditions. This bill would, from October 1, 2025, to June 1, 2031, inclusive, prohibit a city or county from making changes that are applicable to residential units to the above-described building standards unless a certain condition is met, including that the commission deems those changes or modifications necessary as emergency standards to protect health and safety. (Based on 06/23/2025 text) Position: Oppose
Priority: (3) Significant
Subject: Planning, Land Use, Housing
AB 557 (McKinnor, D) California Factory-Built Housing Law.
Current Text: 04/24/2025 - Amended HTML PDF
Status: 07/17/2025 - Failed Deadline pursuant to Rule 61(a)(10). (Last location was HOUSING on 6/11/2025)(May be acted upon Jan 2026)
Location: 07/17/2025 - Senate 2 YEAR
Summary: The California Factory-Built Housing Law requires all factory-built housing after a specified date that is sold or offered for sale to first users within the state to bear insignia of approval issued by the department, deems that housing to comply with the requirements of all ordinances or regulations enacted by any city, city and county, county, or district that may be applicable to the construction of housing, as specified, and prohibits a city, city and county, county, and district from requiring submittal of plans for any factory-built housing manufactured, or to be manufactured pursuant to these provisions, as specified. Current law requires the department to provide by regulation for the qualification and disqualification of design approval agencies to perform approval of factory-built housing plans and specifications and makes approval by these agencies the equivalent of department approval. The law provides that any person who violates any of these provisions and other specified law is guilty of a misdemeanor, as specified. This bill would require plans or specifications of factory-built housing approved pursuant to these provisions to be approved by unit serial number and would authorize the approved plans or specifications to be used in subsequent development projects unless building standards relating to factory-built housing are modified, as specified. The bill would require the department and the design approval agencies to limit their review to the portions of a plan or specification that has not already received approval, as specified. (Based on 04/24/2025 text)
Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing
Misc2: Fast Track Housing Package
AB 609 (Wicks, D) California Environmental Quality Act: exemption: housing development projects.
Current Text: 05/05/2025 - Amended HTML PDF
Status: 05/20/2025 - In Senate. Read first time. To Com. on RLS. for assignment.
Location: 05/20/2025 - Senate Rules
Summary: The California Environmental Quality Act (CEQA) requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA exempts from its requirements various projects, including, but not limited to, housing projects that meet certain requirements. This bill would exempt from the 117
requirements of CEQA a housing development project, as defined, that meets certain conditions relating to, for example, size, density, and location, including specific requirements for any housing on the project site located within 500 feet of a freeway. The bill would require a local government, as a condition of approval for the development, to require the development proponent to complete a specified environmental assessment regarding hazardous substance releases. If a recognized environmental condition is found, the bill would require the development proponent to complete a preliminary endangerment assessment and specified mitigation based on that assessment. Because a lead agency would be required to determine whether a housing development project qualifies for this exemption, the bill would impose a state-mandated local program. (Based on 05/05/2025 text) Priority: (4) Standard
Subject: Planning, Land Use, Housing
Misc2: Fast Track Housing Package
AB 647 (González, Mark, D) Abandoned recreational vehicles.
Current Text: 01/05/2026 - Amended HTML PDF
Status: 01/27/2026 - In Senate. Read first time. To Com. on RLS. for assignment.
Location: 01/27/2026 - Senate Rules
Summary: Current law, until January 1, 2030, authorizes the Counties of Alameda and Los Angeles to implement a program for the disposal of abandoned recreational vehicles. Current law imposes specified conditions on this authority, including, among other things, requiring a public agency, immediately after removal of the recreational vehicle, to notify the Stolen Vehicle System of the Department of Justice of the removal. This bill would also authorize any public agency within the Counties of Alameda and Los Angeles or a state agency, as specified, to implement a program to dispose of these recreational vehicles within the County of Alameda or the County of Los Angeles and would extend this authorization until January 1, 2032. (Based on 01/05/2026 text)
Position: Oppose
Priority: (2) Priority
Subject: Planning, Land Use, Housing
AB 660 (Wilson, D) Planning and Zoning Law: postentitlement phase permits: Housing Accountability Act.
Current Text: 07/17/2025 - Amended HTML PDF
Status: 08/29/2025 - Failed Deadline pursuant to Rule 61(a)(11). (Last location was APPR.
SUSPENSE FILE on 8/18/2025)(May be acted upon Jan 2026)
Location: 08/29/2025 - Senate 2 YEAR
Summary: The Planning and Zoning Law requires a local agency, as defined, to compile one or more lists that specify in detail the information required from any applicant for a postentitlement phase permit, as defined. Current law also establishes time limits for completing reviews regarding whether an application for a postentitlement phase permit is complete and compliant, and whether to approve or deny an application. If a local agency finds that a complete application is noncompliant, existing law requires the local agency to provide the applicant with a list of items that are noncompliant and a description of how the application can be remedied by the applicant within specified time limits. Current law requires the time limits to be tolled, if the local agency requires review of the application by an outs ide entity, until the outside entity completes the review and returns the application to the local agency, as specified. This bill would prohibit the local agency from requiring or requesting more than 2 plan check and specification reviews in connection with an application for a building permit, as 118
part of its review, except as specified. The bill would authorize a local agency to deny an application that is not compliant with the permit standards following 2 plan check and specification reviews. The bill would also authorize an applicant to request additional submittals of applications that are not compliant with the permit standards. The bill, if a local agency finds that a complete application is noncompliant, would prohibit a local agency from requestin g or requiring any action or inaction as a result of a building inspection undertaken to assess compliance with the applicable building permit standards that would represent a deviation from a previously approved building plan or similar approval for the building permit, except as specified. (Based on 07/17/2025 text)
Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing
Misc2: Fast Track Housing Package
AB 735 (Carrillo, D) Planning and zoning: logistics use developments: truck routes.
Current Text: 09/09/2025 - Amended HTML PDF
Status: 09/13/2025 - Failed Deadline pursuant to Rule 61(a)(14). (Last location was INACTIVE FILE on 9/13/2025)(May be acted upon Jan 2026)
Location: 09/13/2025 - Senate 2 YEAR
Summary: Current law, beginning January 1, 2026, prescribes various statewide warehouse design and build standards for any proposed new or expanded logistics use developments, as specified, including, among other things, standards for building design and location, parking, truck loading bays, landscaping buffers, entry gates, and signage. Current law defines various terms, including “21st century warehouse,” and “tier 1 21st century warehouse,” for purposes of those provisions as logistics uses that, among other things, comply with specified building and energy efficiency standards, including requirements related to the availability of conduits and electrical hookups to power climate control equipment at loading bays, as specified. Current law, subject to specified exceptions, defines “logistics use” for these purposes to mean a building in which cargo, goods, or products are moved or stored for later distribution to business or retail customers, or both, that does not predominantly serve retail customers for onsite purchases, and heavy-duty trucks are primarily involved in the movement of the cargo, goods, or products. This bill would clarify that a 21st century warehouse and a tier 1 21st century warehouse are required to comply with those standards as are in effect at the time that the building permit for a development of a 21st century warehouse is issued and make other clarifying changes relating to permissibility of use of conduits and electrical hookups at loading bays at those locations. The bill would revise the definition of “logistics use” and instead define “logistics use development” for these purposes to mean a building that is primarily used as a warehouse for the movement or the storage of cargo, goods, or products that are moved to business or retail customers, or both, that does not predominantly serve retail customers for onsite purchases, and heavy-duty trucks are primarily involved in the movement of the cargo, goods, or products. (Based on 09/09/2025 text)
Priority: (2) Priority
Subject: Planning, Land Use, Housing
AB 736 (Wicks, D) The Affordable Housing Bond Act of 2026.
Current Text: 04/10/2025 - Amended HTML PDF
Status: 06/04/2025 - In Senate. Read first time. To Com. on RLS. for assignment.
Location: 06/04/2025 - Senate Rules
Summary: Would enact the Affordable Housing Bond Act of 2026, which, if adopted, would authorize the issuance of bonds in the amount of $10,000,000,000 pursuant to the State 119
General Obligation Bond Law. Proceeds from the sale of these bonds would be u sed to finance programs to fund affordable rental housing and home ownership programs, including, among others, the Multifamily Housing Program, the CalHome Program, and the Joe Serna, Jr.
Farmworker Housing Grant Program. (Based on 04/10/2025 text) Position: Support
Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing
AB 782 (Quirk-Silva, D) Subdivisions: security.
Current Text: 07/16/2025 - Amended HTML PDF
Status: 09/12/2025 - Failed Deadline pursuant to Rule 61(a)(14). (Last location was INACTIVE FILE on 9/12/2025)(May be acted upon Jan 2026)
Location: 09/12/2025 - Senate 2 YEAR
Summary: The Subdivision Map Act requires prescribed security from a developer if the act or a local ordinance authorizes or requires the furnishing of security in connection with the performance of any act or agreement. Current law requires the Real Estate Commissioner to make an examination of any subdivision, and to, unless there are grounds for denial, issue to the subdivider a public report authorizing the sale or lease of the lots or parcels within the subdivision. Current law specifies the grounds for denial, including, among other things, the inability to demonstrate that adequate financial arrangements have been made for all offsite improvements included in the offering or the inability to demonstrate that adequate financial arrangements have been made for any community, recreational, or other facilities included in the offering. This bill would prohibit the Real Estate Commissioner, in issuing a public report for a residential development or project, from requiring the furnishing of a security in connection with the performance of any act or agreement related to an improvement if the Real Estate Commissioner determines that security sufficient to protect the interests of purchasers, owners, and lessees, as necessary, has been furnished to a local agency for the same improvement pursuant to the provisions above requiring security under the Subdivision Map Act. (Based on 07/16/2025 text)
Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing
Misc2: Fast Track Housing Package
AB 1206 (Harabedian, D) Single-family and multifamily housing units: preapproved plans.
Current Text: 08/18/2025 - Amended HTML PDF
Status: 08/29/2025 - Failed Deadline pursuant to Rule 61(a)(11). (Last location was APPR.
SUSPENSE FILE on 8/25/2025)(May be acted upon Jan 2026)
Location: 08/29/2025 - Senate 2 YEAR
Summary: The Planning and Zoning Law provides for the adoption and administration of zoning laws, ordinances, rules and regulations by counties and cities and the implementation of those general plans as may be in effect in those counties or cities. Current law requires each local agency, by January 1, 2025, to develop a program for the preapproval of accessory dwelling unit plans. This bill would require each local agency, as defined, to develop a program for the preapproval of single-family and multifamily residential housing plans, whereby the local agency accepts single-family and multifamily plan submissions for preapproval and approves or denies the preapproval applications, as specified. The bill would require a large jurisdiction, as defined, to develop this program by July 1, 2026, and a small jurisdiction, as defined, to develop a program by January 1, 2028. The bill would authorize a local agency to charge a fee to an applicant for the preapproval of a single-family or multifamily residential housing plan, as 120
specified. The bill would require the local agency to post preapproved single-family or multifamily residential housing plans and the contact information of the applicant on the local agency’s internet website. The bill would require an application for preapproval to include a statement by the applicant that the applicant has sufficient authority, license, or ownership interest in the plan to submit the plan for preapproval and, if approved, posted as described above. This bill would prohibit the preapproval program from applying to single-family or multifamily residential housing plans intended for use in certain communities and developments, as specified. The bill would require a local agency to either approve or deny an application for a single-family or multifamily residential housing unit, both as defined, within 30 days if the lot meets certain conditions and the application utilizes either a single-family or multifamily residential housing unit plan preapproved within the current triennial California Building Standards Code rulemaking cycle or a plan that is identical to a plan used in an application for a single-family or multifamily residential housing unit approved by the local agency within the current triennial California Building Standards Code rulemaking cycle. (Based on 08/18/2025 text)
Priority: (4) Standard
Subject: Planning, Land Use, Housing
Misc2: Fast Track Housing Package
AB 1276 (Carrillo, D) Housing developments: ordinances, policies, and standards.
Current Text: 07/14/2025 - Amended HTML PDF
Status: 08/29/2025 - Failed Deadline pursuant to Rule 61(a)(11). (Last location was APPR.
SUSPENSE FILE on 8/25/2025)(May be acted upon Jan 2026)
Location: 08/28/2025 - Senate 2 YEAR
Summary: The Housing Accountability Act prohibits a local agency from disapprovin g, or conditioning approval in a manner that renders infeasible, a housing development project, as defined for purposes of the act, for very low, low-, or moderate-income households or an emergency shelter unless the local agency makes specified written findings based on a preponderance of the evidence in the record. The act provides that for its purposes, a housing development project or emergency shelter shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision if there is substantial evidence that would allow a reasonable person to conclude that the housing development project or emergency shelter is consistent, compliant, or in conformity. The act requires a housing development project to be subject only to the ordinances, policies, and standards adopted and in effect when a preliminary application, as specified, was submitted, except as otherwise provided. The act defines “ordinances, policies, and standards” to include general plan, community plan, specific plan, zoning, design review standards and criteria, subdivision standards and criteria, and any other rules, regulations, requirements, and policies of a local agency, as defined, including those rela ting to development impact fees, capacity or connection fees or charges, permit or processing fees, and other exactions. This bill would include in the definition of “ordinances, policies, and standards” materials requirements, postentitlement permit standards, and any rules, regulations, determinations, and other requirements adopted or implemented by other public agencies, as defined (Based on 07/14/2025 text)
Priority: (4) Standard
Subject: Planning, Land Use, Housing
Misc2: Fast Track Housing Package
AB 1294 (Haney, D) Planning and zoning: housing development: standardized application form.
Current Text: 07/03/2025 - Amended HTML PDF
Status: 07/17/2025 - Failed Deadline pursuant to Rule 61(a)(10). (Last location was L. GOV. on 6/11/2025)(May be acted upon Jan 2026)
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Location: 07/17/2025 - Senate 2 YEAR
Summary: The Permit Streamlining Act, among other things, requires each public agency to provide a development project applicant with a list that specifies the information that will be required from any applicant for a development project. The act requires a public ag ency that has received an application for a development project to determine in writing whether the application is complete within 30 calendar days and to immediately transmit the determination to the applicant of the development project. This bill would require that an application for a housing entitlement, as defined, be deemed complete upon payment of the permit processing fees and upon completing specified requirements, when applicable, including, among other things, providing a description of the proposed housing development project and a list of the approvals requested by the applicant to the city, county, or city and county from which approval for the housing entitlement is being sought. The bill would require, on or before July 1, 2026, the Department of Housing and Community Development to adopt a standardized application form that applicants for a housing entitlement may use for the purpose of satisfying these requirements and would require, on or after October 1, 2026, a city, county, or city and c ounty to accept an application submitted on the standardized application form. The bill would prohibit the city, county, or city and county from requiring submission of any other forms, beside the standardized application form, except as specified. The bill would authorize the city, county, or city and county to develop its own application forms or templates for different housing entitlements, subject to the requirements of this bill. This bill would prohibit a city, county, or city and county from requiring certain information or approvals, including, among others, any approval or determination by any official, body, department, or subdepartment of the city, county, or city and county as a condition of determining that an application for a housing entitlement is complete. (Based on 07/03/2025 text)
Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing
Misc2: Fast Track Housing Package
AB 1543 (Quirk-Silva, D) Mobilehome parks: rent caps.
Current Text: 01/05/2026 - Introduced HTML PDF
Status: 02/02/2026 - Referred to Com. on H. & C.D.
Location: 02/02/2026 - Assembly Housing and Community Development Summary: Current law defines “mobilehome park” for the purposes of the Mobilehome Residency Law to mean an area of land where 2 or more mobilehome sites are rented, or held out for rent, to accommodate mobilehomes used for human habitation. The law caps the amount by which management of a qualified mobilehome park may increase the gross rental rate for a tenancy over the course of any 12-month period. The cap is the lower of 5% of the lowest gross rental rate charge for a tenancy at any time during the preceding 12 month s or 3% of that amount plus the percentage change in the cost of living. Under that law, a mobilehome park is subject to that cap if it is located within and governed by the jurisdictions of 2 or more incorporated cities. This bill would instead make any mobilehome park subject to that cap. (Based on 01/05/2026 text)
Subject: Planning, Land Use, Housing
AB 1559 (Calderon, D) Residential property insurance images.
Current Text: 01/08/2026 - Introduced HTML PDF
Status: 02/02/2026 - Referred to Coms. on INS. and P. & C.P. 122
Location: 02/02/2026 - Assembly Insurance
Summary: Would require an admitted insurer to notify a residential property insurance policyholder that aerial images may be taken or obtained of the insured property, as specified, unless a claim has been submitted or is pending on the property and the images will be used only for evaluating the claim. The bill would require the insurer to provide the aerial images upon request, as specified, and would require the notice to include instructions regarding how a policyholder may make that request. (Based on 01/08/2026 text) Position: Support
Priority: (4) Standard
Subject: Planning, Land Use, Housing, Public Safety
AB 1567 (Ta, R) General plan: annual report: congregate care for the elderly.
Current Text: 01/12/2026 - Introduced HTML PDF
Status: 02/02/2026 - Referred to Coms. on H. & C.D. and L. GOV.
Location: 02/02/2026 - Assembly Housing and Community Development Summary: The Planning and Zoning law requires a housing element to be revised according to a specific schedule. After the legislative body has adopted all or part of a general plan, current law requires the planning agency to provide by April 1 of each year an annual report to various entities that includes specified information. Current law requires the Department of Housing and Community Development, in consultation with each council of governments, to determine each region’s existing and projected housing need, as provided. Current law requires each council of governments, or the department for cities and counties without a council of governments, to adopt a final regional housing need plan that allocates a shar e of the regional housing need to each city, county, or city and county and that furthers specified objectives. This bill would, for the 7th and each subsequent revision of the housing element, authorize a planning agency to include in that report the number of units approved for congregate care for the elderly, as defined, for up to 15% of a jurisdiction’s regional housing need allocation for any income category. (Based on 01/12/2026 text) Subject: Planning, Land Use, Housing
AB 1573 (Bryan, D) Land use: housing elements: target population.
Current Text: 01/12/2026 - Introduced HTML PDF
Status: 02/09/2026 - Referred to Coms. on H. & C.D. and L. GOV.
Location: 02/09/2026 - Assembly Housing and Community Development Summary: The Planning and Zoning Law requires a city or county to adopt a general plan for land use development that includes, among other things, a housing element containing specified information, including an analysis of its special housing, emergenc y shelter, and supportive housing needs, as defined. Current law defines the term “target population” for purposes of requirements applicable to the housing element to include certain persons, including persons with low incomes who have one or more disabilities and individuals eligible for specified developmental disability services. This bill would expand the definition of the term “target population” for the purposes of requirements applicable to the housing element, as described above, to include victims of domestic violence, as specified. (Based on 01/12/2026 text)
Priority: (5) Track/Watch
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Subject: Planning, Land Use, Housing
AB 1621 (Wilson, D) Planning and Zoning Law: postentitlement phase permits: Housing Accountability Act.
Current Text: 03/04/2026 - Amended HTML PDF
Status: 03/05/2026 - Re-referred to Com. on L. GOV.
Location: 02/02/2026 - Assembly Local Government
Summary: The Planning and Zoning Law requires a local agency or state agency to compile one or more lists that specify in detail the information required from any applicant for a postentitlement phase permit, as defined. Existing law also establishes time limits for completing reviews regarding whether an application for a postentitlement phase permit is complete and compliant, and whether to approve or deny an application. Existing law requires the time limits to be tolled, if the local agency or state agency requires review of the application by an outside entity, until the outside entity completes the review and returns the application, as specified. This bill would prohibit a local agency or state agency from requiring or requesting more than 2 plan check and specification reviews in connection with an application for a building permit, as part of its review, except as specified. The bill would authorize a local agency or state agency to deny an application that is not compliant with the permit standards following 2 plan check and specification reviews. (Based on 03/04/2026 text) Priority: (4) Standard
Subject: Planning, Land Use, Housing
AB 1622 (Rubio, Blanca, D) Electrified security fences.
Current Text: 01/22/2026 - Introduced HTML PDF
Status: 02/09/2026 - Referred to Com. on L. GOV.
Location: 02/09/2026 - Assembly Local Government
Summary: Current law, until January 1, 2028, authorizes an owner of real property to install and operate on their property an electrified security fence that is powered by an electrical energizer, driven by solar-charged batteries of no more than 12 volts of direct current, and used to protect and secure manufacturing or industrial property, or property zoned under another designation, but legally authorized to be used for a commercial purpose that stores, parks, services, sells, or rents vehicles or other materials, subject to specified conditions.
Current law prohibits a city, county, or city and county from prohibiting or conditioning the installation of an electrified security fence, as described above, except for requiring an administrative permit to confirm a fence abutting a property in residential use, or within 300 feet of a public park, childcare facility, recreation center, community center, or school facility, meets certain requirements. Current law repeals these provisions on January 1, 2028. Curr ent law, starting January 1, 2028, authorizes an owner of real property to install and operate on their property an electrified security fence that is powered by an electrical energizer, and used to protect and secure commercial, manufacturing, or industrial property, or property zoned under another designation, but legally authorized to be used for a commercial, manufacturing, or industrial purpose, subject to specified conditions and subject to prohibitions imposed by a city, county, or city and county through a local ordinance. This bill would indefinitely extend the operation of the electrified security fence provisions subject to repeal on January 1, 2028, and would repeal the provisions that become operative on January 1, 2028. (Based on 01/22/2026 text)
Subject: Planning, Land Use, Housing, Public Safety
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AB 1624 (Zbur, D) Public Lands Protection Act.
Current Text: 01/22/2026 - Introduced HTML PDF
Status: 01/23/2026 - From printer. May be heard in committee February 22.
Location: 01/22/2026 - Assembly PRINT
Summary: The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and of any land outside its boundaries that bears relation to its planning. Current law authorizes the legislative body of a county or city to adopt ordinances that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, open space, and other purposes, as provided. For these purposes, current law authorizes the legislative body to divide a county or city into zones, but requires that regulations adopted be uniform for each class or kind of building or use of land throughout each zone. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. This bill, the Public Lands Protection Act, would, upon transfer to any private or nonfederal entity of a parcel of land located within the state that is owned by the United States government on or after January 1, 2025, and that has been designated in an adopted general plan or zoning ordinance as open space, public land, resource conservation, or an equivalent conservation-oriented designation, immediately subject that parcel to the zoning designation and associated state and local restrictions. The bill would also, upon transfer of a parcel of land located within the state that is owned by the United States government on or after January 1, 2025, and that has not been designated in an adopted general plan or zoning ordinance at the time of transfer to any private or nonfederal entity, automatically subject that parcel to the most restrictive conservation-oriented zoning designation currently applied in the jurisdiction, by operation of law. (Based on 01/22/2026 text) Subject: Planning, Land Use, Housing
AB 1710 (Carrillo, D) Housing developments: ordinances, policies, and standards.
Current Text: 02/04/2026 - Introduced HTML PDF
Status: 02/23/2026 - Referred to Coms. on H. & C.D. and L. GOV.
Location: 02/23/2026 - Assembly Housing and Community Development Summary: The Housing Accountability Act states that it shall not be construed to prohibit a local agency from requiring a housing development project to comply with objective, quantifiable, written development standards, conditions, and policies appropriate to, and consistent with, meeting the jurisdiction’s share of the regional housing need, except as provided. The act further provides that for its purposes, a housing development project or emergency shelter shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision if there is substantial evidence that would allow a reasonable person to conclude that the housing development project or emergency shelter is consistent, compliant, or in conformity. The act requires a housing development project to be subject only to the ordinances, policies, and standards adopted and in effect when a preliminary application, as specified, was submitted, except as otherwise provided. The act defines “ordinances, policies, and standards” to include general plan, community plan, specific plan, zoning, design review standards and criteria, subdivision standards and criteria, and any other rules, regulations, requirements, and polici es of a local agency, as defined, including those relating to development impact fees, capacity or connection fees or charges, permit or processing fees, and other exactions. This bill would include in the definition of “ordinances, policies, and standards” materials requirements, postentitlement permit standards, and any rules, regulations, determinations, and other 125
requirements adopted or implemented by other public agencies, as defined. (Based on 02/04/2026 text)
Position: Oppose
Priority: (4) Standard
Subject: Planning, Land Use, Housing
AB 1738 (Carrillo, D) State Housing Law: remote inspections.
Current Text: 02/05/2026 - Introduced HTML PDF
Status: 02/23/2026 - Referred to Coms. on H. & C.D. and L. GOV.
Location: 02/23/2026 - Assembly Housing and Community Development Summary: The State Housing Law establishes statewide construction and occupancy standards for buildings used for human habitation. Current law requires the building department of every city or county to enforce the provisions of the State Housing Law, the State Building Standards Code, and other specified rules and regulations promulgated pursuant to the State Housing Law pertaining to standards for buildings used for human habitation. Current law, in the event of nonenforcement of the provisions of the State Housing Law, the State Building Standards Code, and the other rules and regulations promulgated pursuant to the State Housing Law, requires the Department of Housing and Community Development (HCD) to enforce these provisions, as provided. Current law authorizes an officer, employee, or agent of an enforcement agency to enter and inspect any building or premises whenever necessary to secure compliance with, or prevent a violation of, any provision of the State Housing Law, the building standards published in the State Building Standards Code, and other rules and regulations promulgated pursuant to the provisions of the State Housing Law. Current law provides certain immunities to a public entity or employee immunity relative to an inspection or license, as provided. This bill would require a city, including a charter city, county, or city and county to offer a homeowner the option of requesting remote inspections for all or a subset of an inspection required by a building permit for specified works in one- or 2-family dwelling units, by July 1, 2027, as provided. The bill would apply the above-described immunities to remote inspections. The bill would authorize these local agencies, at their discretion, to set up a process to perform onsite audits to confirm that a homeowner accurately represented the work subject to the remote inspection and to temporarily ban the homeowner from using the remote inspection if the homeowner is found to have willfully misrepresented the work, as provided. (Based on 02/05/2026 text) Priority: (4) Standard
Subject: Planning, Land Use, Housing
AB 1771 (Alvarez, D) State Housing Law: apartment houses.
Current Text: 02/09/2026 - Introduced HTML PDF
Status: 02/23/2026 - Referred to Com. on H. & C.D.
Location: 02/23/2026 - Assembly Housing and Community Development Summary: The State Housing Law establishes statewide building standards relating to occupancy, use, and maintenance of hotels, motels, lodging houses, apartment houses, and dwellings, and authorizes the Department of Housing and Community Development to adopt rules and regulations for this purpose. Pursuant to that authority, current law requires a manager or other responsible person to reside upon the premises and have charge of every apartment house in which there are 16 or more apartments, as specified. This bill wo uld prohibit a state or local entity from requiring a manager or other caretaker to reside upon the premises of an apartment house and would require the department to update its regulations, as specified. (Based on 02/09/2026 text)
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Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing
AB 1975 (Schultz, D) Electrical corporations: grid utilization metric.
Current Text: 03/03/2026 - Amended HTML PDF
Status: 03/04/2026 - Re-referred to Com. on U. & E.
Location: 03/02/2026 - Assembly Utilities and Energy
Summary: Existing law authorizes the Public Utilities Commission to fix the rates and charges for every public utility and requires that those rates and charges be just and reasonable. This bill would require the commission, on or before December 31, 2027, to establish a g rid utilization metric that calculates electrical load as a percentage of rated capacity, as specified.
The bill would require each large electrical corporation, each calendar quarter, to submit a publicly available report to the commission with the results of the large electrical corporation’s grid utilization metric calculations, as specified. The bill would require the commission to annually establish a minimum value for the grid utilization metric within each large electrical corporation’s distribution grid, and would require that the grid utilization metric minimum value increase annually, as provided. (Based on 03/03/2026 text) Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing
AB 2074 (Haney, D) Land use.
Current Text: 02/18/2026 - Introduced HTML PDF
Status: 02/19/2026 - From printer. May be heard in committee March 21.
Location: 02/18/2026 - Assembly PRINT
Summary: Current law requires that the housing element consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing, as specified. Current law requires that a housing development project within a specified distance of a transit-oriented development stop be an allowed use as a transit-oriented housing development on any site zoned for residential, mixed, or commercial development, if the development complies with applicable requirements, as specified. This bill would state the intent of the Legislature to enact legislation to support transit-oriented housing development, high road labor standards, and downtown revitalization in major transit cities, as defined, establish land use standards appropriate to transit-oriented development in regional centers, streamline ministerial approval for developments that meet high road labor standards in regional centers, and establish a revolving loan fund to finance constructi on of qualifying developments in regional centers. (Based on 02/18/2026 text) Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing
AB 2079 (Elhawary, D) Adaptive reuse.
Current Text: 02/18/2026 - Introduced HTML PDF
Status: 02/19/2026 - From printer. May be heard in committee March 21.
Location: 02/18/2026 - Assembly PRINT
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Summary: The Office to Housing Conversion Act, starting July 1, 2026, provides that an adaptive reuse project that meets certain requirements shall be deemed a use by right in all zones, regardless of the zoning of the site, and subject to the streamlined, ministerial review process, as specified. Current law authorizes a local government to implement the act and specifies the process and requirements applicable to adaptive reuse projects by local ordinance, or by ministerial approval if a local agency has not adopted an ordina nce. This bill would state the intent of the Legislature to enact legislation to advance adaptive reuse policies to revitalize California downtown areas. (Based on 02/18/2026 text) Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing
AB 2118 (Hoover, R) Affordable Housing and High Road Jobs Act of 2022: use by right: objective standards.
Current Text: 02/18/2026 - Introduced HTML PDF
Status: 03/09/2026 - Referred to Coms. on H. & C.D. and NAT. RES.
Location: 03/09/2026 - Assembly Housing and Community Development Summary: The Affordable Housing and High Road Jobs Act of 2022, until January 1, 2033, authorizes a development proponent to submit an application for a mixed -income housing development along a commercial corridor that satisfies specified site criteria, affordabili ty criteria, and objective development standards, and deems a housing development that meets those requirements a use by right and subject to streamlined, ministerial review. Current law prohibits the objective standards from precluding a development from being built at specified residential density required and from requiring the development to reduce unit size to meet the objective standards. This bill would also prohibit the objective standards from prohibiting or otherwise limiting mixed-use development in a housing development project. (Based on 02/18/2026 text)
Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing
AB 2295 (Johnson, R) Regional housing need: affordable housing.
Current Text: 02/19/2026 - Introduced HTML PDF
Status: 03/09/2026 - Referred to Coms. on H. & C.D. and L. GOV.
Location: 03/09/2026 - Assembly Housing and Community Development Summary: Current law requires each council of governments, or delegate subregion as applicable, to develop and adopt a methodology for distributing the existing and projected regional housing need to cities, counties, and cities and counties within the region or within the subregion, as provided. Current law also requires each council of governments and delegate subregion, as applicable, to adopt a final allocation of regional housing needs to each local government in the region or subregion, where applicable, and the department, based on that adopted methodology. Current law requires that the housing element of a county’s or city’s general plan include, among other things, a quantification of the locality’s existing and projected housing needs for all income levels, which must include the locality’s share of the regional housing need, as provided. Current law authorizes a local government within the same county as a federally recognized Native American tribe to enter into a volunt ary agreement with a tribe to allow new tribal housing development projects to count toward the locality’s share of the regional housing needs allocation if certain conditions are met. This bill would authorize a local government, as defined, to enter into a voluntary agreement with another local government to allow new housing development projects to count toward each locality’s share of the regional housing needs allocation if certain conditions are met, including that the project 128
includes affordable housing units for very low and lower income households. (Based on 02/19/2026 text)
Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing
AB 2296 (Papan, D) Land use.
Current Text: 02/19/2026 - Introduced HTML PDF
Status: 02/20/2026 - From printer. May be heard in committee March 22.
Location: 02/19/2026 - Assembly PRINT
Summary: The Permit Streamlining Act imposes requirements on a public agency’s review and approval of development projects, as specified, to ensure clear understanding of the specific requirements in connection with that approval and to expedite decisions on those projects. That act excludes from its provisions activities of the State Energy Resources Development and Conservation Commission and administrative appeals within, or to, a state or local agency. This bill would make nonsubstantive changes to that exclusion. (Based on 02/19/2026 text)
Position: Support
Priority: (4) Standard
Subject: Planning, Land Use, Housing
Misc2: League of Cities Sponsored
AB 2433 (Alvarez, D) Housing development: affordable homes bonus.
Current Text: 02/20/2026 - Introduced HTML PDF
Status: 03/09/2026 - Referred to Coms. on H. & C.D., L. GOV. and NAT. RES.
Location: 03/09/2026 - Assembly Housing and Community Development Summary: The Density Bonus Law requires a city or county to grant a density bonus, other incentives or concessions, and waivers or reductions of development standards, as specified, to an applicant for a housing development when the applicant seeks a density bonus for the housing development, as specified, if the applicant agrees to construct, among other things, a specified percentage of units for very low income, lower income, or senior citizen housing, and meets other requirements. This bill would, instead, require a city or county to grant an affordable homes bonus, other incentives or concessions, and waivers or reduction s of development standards, as specified, to an applicant for a housing development when the applicant submits an application for a housing development that a city, county, or city and county determines meets specified criteria, including, among others, the housing development includes specified percentage of units for very low income, lower income, or senior citizen housing. (Based on 02/20/2026 text)
Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing
AB 2517 (Calderon, D) Fire safety: fire hazard severity zones.
Current Text: 02/20/2026 - Introduced HTML PDF
Status: 03/09/2026 - Referred to Coms. on NAT. RES. and E.M.
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Location: 03/09/2026 - Assembly Natural Resources
Summary: Current law requires the State Fire Marshal to identify areas in the state that are not state responsibility areas, commonly known as local responsibility areas, as moderate, high, and very high fire hazard severity zones based on consistent statewide criteria and ba sed on the severity of fire hazard that is expected to prevail in those areas. Current law requires the State Fire Marshal to periodically review and make recommendations relative to very high fire hazard severity zones within local responsibility areas. Under current law, this review is required to coincide with review of state responsibility area lands every 5 years and, when possible, fall within the timeframes for each county’s general plan update. Existing law requires a local agency to designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving the recommendations from the State Fire Marshal. Current law authorizes a local agency to, at its discretion, include areas within its jurisdiction not identified as very high fire hazard severity zones by the State Fire Marshal as very high fire hazard severity zones and areas not identified as moderate and high fire hazard severity zones by the State Fire Marshal as moderate and high fire ha zard severity zones.
Under existing law, a local agency is required to transmit a copy of an adopted ordinance to the State Board of Forestry and Fire Protection within 30 days of adoption. Current law provides that changes made by a local agency to the recommendations made by the State Fire Marshal are final. This bill would require the State Fire Marshal to, no fewer than 180 days before finalizing the designation of local responsibility areas as moderate, high, and very high fire hazard severity zones, post specified information on its public internet website, conduct regional public workshops to receive oral public comments and consider those comments, host a 30-day public comment period to receive written comments from interested stakeholders and respond to all written comments by local agencies within 30 days of the end of the public comment period, and coordinate with other state agencies to help educate the public during the public workshops, as specified. (Based on 02/20/2026 text) Position: Support
Priority: (4) Standard
Subject: Planning, Land Use, Housing, Public Safety
Misc2: League of Cities Sponsored
AB 2601 (Lee, D) Planning and zoning: housing development: streamlined approval and subdivisions.
Current Text: 02/20/2026 - Introduced HTML PDF
Status: 03/09/2026 - Referred to Coms. on H. & C.D. and L. GOV.
Location: 03/09/2026 - Assembly Housing and Community Development Summary: Under the Planning and Zoning Law, the legislative body of a city or county may adopt ordinances that, among other things, regulate the use of buildings, structures, and land, as provided. The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agency’s processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps. This bill would require that an application for a proposed housing development containing no more than 2 residential units within a single-family residential zone, as described above, be eligible for concurrent processing with an application for a parcel map for an urban lot split, as provided. The bill would authorize a local agency to condition issuance of building permits, grading permits, or certificates of occupancy for a proposed housing development upon the applicant first obtaining approval and recording a parcel map for eligible parcels pursuant to the above- described urban lot split provisions. The bill would allow the primary dwellings in an urban lot split under these provisions to be developed or converted to condominiums upon request of the applicant, as specified, or, if the housing development includes an existing unit, allow the applicant to request a condominium conversion for that unit pursuant to state and local law.
The bill would specify that a “parcel map” for purposes of these provisions means a parcel map prepared in accordance with specified provisions of the Subdivision Map Act and may include a 130
condominium plan if proposed by the subdivider, as specified. This bill contains other related provisions and other existing laws. (Based on 02/20/2026 text) Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing
AB 2676 (Gallagher, R) Housing Crisis Act of 2019.
Current Text: 02/20/2026 - Introduced HTML PDF
Status: 02/21/2026 - From printer. May be heard in committee March 23.
Location: 02/20/2026 - Assembly PRINT
Summary: Existing law, known as the Housing Crisis Act of 2019, with respect to land where housing is an allowable use and except as specified, prohibits a county or city, including the electorate exercising its local initiative or referendum power, in which specified conditions exist, determined as provided by the Department of Housing and Community Development, from enacting a development policy, standard, or condition, as defined, that would have certain effects. Under existing law, these proscribed policies, standards, or conditions include, among others, (A) changing the land use designation or zoning of a parcel or parcels of property to a less intensive use or reducing the intensity of land use within an existing zoning district below what was allowed under the general plan or specific plan land use designation and zoning ordinances of the county or city as in effect on January 1, 2018, and (B) impo sing or enforcing a moratorium on housing development within all or a portion of the jurisdiction of the county or city, except as provided. Existing law states that these prohibitions apply to any zoning ordinance adopted or amended on or after the effective date of these provisions, and that any development policy, standard, or condition on or after that date that does not comply is deemed void. This bill would expand the prohibition against enacting a development policy, standard, or condition that has the effect of imposing or enforcing a moratorium on housing development within all or a portion of the jurisdiction of the county or city to also prohibit these policies, standards, or conditions within the sphere of influence of a city, as defined. The bil l would define “moratorium or similar restriction or limitation on housing development” for purposes of the Housing Crisis Act of 2019 to include, but not be limited to, the electorate of a county or city subject to these provisions from exercising its referendum power in a manner that has the effect of extending an existing moratorium or similar restriction or limitation on housing development. The bill would prohibit a county or city subject to these provisions from enforcing an initiative or referendum imposing a moratorium or other similar restriction on or limitation of housing development until the initiative or referendum receives approval from the department pursuant to the approval process described above. The bill would state that if the department denies approval of the initiative or referendum, as specified, the initiative or referendum would be deemed void. This bill contains other related provisions and other existing laws. (Based on 02/20/2026 text)
Priority: (4) Standard
Subject: Planning, Land Use, Housing
SB 35 (Umberg, D) Alcohol and drug programs.
Current Text: 07/17/2025 - Amended HTML PDF
Status: 08/28/2025 - Failed Deadline pursuant to Rule 61(a)(11). (Last location was APPR.
SUSPENSE FILE on 8/20/2025)(May be acted upon Jan 2026)
Location: 08/28/2025 - Assembly 2 YEAR
Summary: Current law provides for the licensure and regulation of adult alcohol or other drug recovery or treatment facilities by the State Department of Public Health and prohibits the operation of one of those facilities without a current valid license. Current law requ ires the 131
department, if a facility is alleged to be in violation of that prohibition, to conduct a site visit to investigate the allegation. Current law requires, if the department’s employee or agent finds evidence that the facility is providing services without a license, the employee or agent to take specified actions, including, among others, submitting the findings of the investigation to the department and issuing a written notice to the facility that includes the date by which the facility is required to cease providing services. This bill would require the department, if it determines it has jurisdiction over the allegation, to initiate that investigation within 10 days of receiving the allegation and, except as specified, complete the investigation within 60 days of initiating the investigation. The bill would require the department, if it receives a complaint that does not fall under its jurisdiction, to notify the complainant that it does not investigate that type of complaint. The bill would require the employee or agent to provide the notice described above within 10 days of the employee or agency submitting their findings to the department and to conduct a followup site visit to determine whether the facility has ceased providing services as required. The bill would authorize, in counties that elect to administer the Drug Medi -Cal organized delivery system and that provide optional recovery housing services, the county behavioral health agency to request approval from the department to conduct a s ite visit of a recovery residence that is alleged to be operating without a license. (Based on 07/17/2025 text)
Position: Support
Priority: (4) Standard
Subject: Human Services, Recreation, Quality of Life, Planning, Land Use, Housing Misc2: League of Cities Sponsored
SB 72 (Caballero, D) The California Water Plan: long-term supply targets.
Current Text: 10/01/2025 - Chaptered HTML PDF
Status: 10/01/2025 - Chaptered by Secretary of State - Chapter 210, Statutes of 2025
Location: 10/01/2025 - Senate CHAPTERED
Summary: Current law requires the Department of Water Resources to update every 5 years the plan for the orderly and coordinated control, protection, conservation, development, and use of the water resources of the state, which is known as “The California Water Plan.” Current law requires the department to include a discussion of various strategies in the plan update, including, but not limited to, strategies relating to the development of new water storage facilities, water conservation, water recycling, desalination, conjunctive use, and water transfers, that may be pursued in order to meet the future needs of the state. Current law requires the department to establish an advisory committee to assist the departm ent in updating the plan. This bill would revise and recast certain provisions regarding The California Water Plan to, among other things, require the department to expand the membership of the advisory committee to include, among others, tribes, labor, and environmental justice interests.
The bill would require the department, as part of the 2033 update to the plan, to update the interim planning target for 2050, as provided. The bill would require the target to consider the identified and future water needs for all beneficial uses, including, but not limited to, urban uses, agricultural uses, tribal uses, and the environment, and ensure safe drinking water for all Californians, among other things. The bill would require the plan to include specified components, including a discussion of the estimated costs, benefits, and impacts of any project type or action that is recommended by the department within the plan that could help achieve the water supply targets. (Based on 10/01/2025 text)
Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing, Trash, Recycling, Water, Resources
SB 73 (Cervantes, D) Elections: inspection of voting systems.
Current Text: 01/05/2026 - Amended HTML PDF
Status: 01/27/2026 - Read third time. Urgency clause adopted. Passed. (Ayes 30. Noes 10.) Ordered to the Assembly. In Assembly. Read first time. Held at Desk. 132
Location: 01/27/2026 - Assembly DESK
Summary: Current law requires the elections official of any county or city using a voting system to inspect the machines or devices at least once every 2 years. This bill would prohibit the elections official from permitting a federal government agency or its employees to inspect a voting system machine or device, unless authorized by a federal court order. To the extent this bill would establish new procedures for the conduct of elections, it would create a state - mandated local program. (Based on 01/05/2026 text)
Priority: (3) Significant
Subject: Planning, Land Use, Housing, Transportation & Infrastructure
SB 328 (Grayson, D) Hazardous waste generation and handling fees: Department of Toxic Substances Control oversight responses: housing development projects.
Current Text: 06/25/2025 - Amended HTML PDF
Status: 08/28/2025 - Failed Deadline pursuant to Rule 61(a)(11). (Last location was APPR.
SUSPENSE FILE on 8/20/2025)(May be acted upon Jan 2026)
Location: 08/28/2025 - Assembly 2 YEAR
Summary: The hazardous waste control laws require the Department of T oxic Substances Control to regulate the handling and management of hazardous waste and hazardous materials. Current law, which is part of the Planning and Zoning Law, establishes time limits for a local agency, as defined, to complete reviews regarding whether to approve or deny an application, as specified, and makes any failure to meet these time limits a disapproval of the housing development project and a violation of specified law. Upon the department receiving a request for a housing development project seeking oversight of investigation, characterization, and remediation activities, this bill would require the department to provide written notice to the requestor within specified timelines regarding subsequent actions in the review process, as specified. The bill would require, for a housing development with 25 units or fewer, the department to provide the written notice within 60 business days of receiving the request. The bill would require, for a housing development with 26 units or more, the depart ment to provide the written notice within 120 business days of receiving the request. The bill would make these provisions operative on July 1, 2028. (Based on 06/25/2025 text) Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing
Misc2: Fast Track Housing Package
SB 329 (Blakespear, D) Alcohol and drug recovery or treatment facilities: investigations.
Current Text: 03/28/2025 - Amended HTML PDF
Status: 08/28/2025 - Failed Deadline pursuant to Rule 61(a)(11). (Last location was APPR.
SUSPENSE FILE on 7/2/2025)(May be acted upon Jan 2026)
Location: 08/28/2025 - Assembly 2 YEAR
Summary: Current law provides for the licensure and regulation of alcohol or other drug recovery or treatment facilities by the State Department of Health Care Services. Current law prohibits operating an alcohol or other drug recovery or treatment facility to provide recovery, treatment, or detoxification services within this state without first obtaining a current valid license. If a facility is alleged to be providing those services without a license, existing law requires the department to conduct a site visit to investigate the allegation. Current law also 133
authorizes the department to conduct announced or unannounced site visits t o licensed facilities for the purpose of reviewing them for compliance, as specified. This bill would require the department to assign a complaint under its jurisdiction regarding an alcohol or other drug recovery or treatment facility to an analyst for investigation within 10 days of receiving the complaint. If the department receives a complaint that does not fall under its jurisdiction, the bill would require the department to notify the complainant, in writing, that it does not investigate that type of complaint. (Based on 03/28/2025 text)
Position: Support
Priority: (4) Standard
Subject: Planning, Land Use, Housing
Misc2: League of Cities Sponsored
SB 423 (Gonzalez, D) Housing: real property transfer taxes: affordability covenants.
Current Text: 09/09/2025 - Amended HTML PDF
Status: 09/11/2025 - Failed Deadline pursuant to Rule 61(a)(14). (Last location was L. GOV. on 9/10/2025)(May be acted upon Jan 2026)
Location: 09/11/2025 - Assembly 2 YEAR
Summary: The Zenovich-Moscone-Chacon Housing and Home Finance Act establishes the Department of Housing and Community Development and requires it to administer various programs intended to promote the development of housing and to provide housing assistance and home loans. Current law sets forth various general powers of the department in implementing these programs, including authorizing the department to enter into long -term contracts or agreements of up to 30 years for the purpose of servicing loans or grants or enforcing regulatory agreements or other security documents. Current law creates the California Housing Finance Agency within the Business, Consumer Services, an d Housing Agency and authorizes the agency to make loans to finance affordable housing. This bill would allow a state or local agency administering an affordable housing program to enter into or modify a provision of a regulatory agreement regarding curing an event of default, if prescribed conditions apply. The bill would exempt a regulatory agreement entered into or altered pursuant to its provisions from any conflicting land use restriction, declaration of restrictive covenants, deed restriction, or similar instrument, as provided. The bill would specify that its provisions are not to be construed to supersede any other law governing the foreclosure of deeds of trust or mortgages and the extinguishment of junior interests. (Based on 09/09/2025 text)
Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing
SB 549 (Allen, D) Local government: Second Neighborhood Infill Finance and Transit Improvements Act: Resilient Rebuilding Authority for the Los Angeles Wildfires.
Current Text: 06/23/2025 - Amended HTML PDF
Status: 09/12/2025 - Failed Deadline pursuant to Rule 61(a)(14). (Last location was L. GOV on 9/10/2025)(May be acted upon Jan 2026)
Location: 09/10/2025 - Assembly 2 YEAR
Summary: The Second Neighborhood Infill Finance and Transit Improvements Act, or NIFTI - 2, authorizes a city, county, or city and county to adopt a resolution, at any time before or after the adoption of the infrastructure financing plan for an enhanced infrastructure financing district, to allocate tax revenues of that entity to the district, including revenues derived from local sales and use taxes imposed pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or transactions and use taxes imposed in accordance with the Transactions and Use 134
Tax Law, if certain conditions are met, including that the boundaries of the enhanced infrastructure financing district are coterminous with the city or county that established the district. This bill would revise NIFTI-2 to instead authorize, for resolutions adopted under that act’s provisions on or after January 1, 2026, a city, county, or city and county to adopt a resolution, at any time before or after the adoption of the infrastructure financing plan for an enhanced infrastructure financing district, to allocate property tax revenues, and to remove the authorization for adoption of a resolution that allocates revenues derived from local sales and use taxes imposed pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or transactions and use taxes. The bill would also repeal the condition that the boundaries of the enhanced infrastructure financing district are coterminous with the city or county that established the district (Based on 06/23/2025 text)
Priority: (5) Track/Watch
Subject: Municipal Funding and Procurement, Planning, Land Use, Housing
SB 607 (Wiener, D) University of California: California Institutes for Science and Innovation.
Current Text: 01/05/2026 - Amended HTML PDF
Status: 01/20/2026 - Read third time. Passed. (Ayes 37. Noes 0.) Ordered to the Assembly. In Assembly. Read first time. Held at Desk.
Location: 01/20/2026 - Assembly DESK
Summary: Current law authorizes the Regents of the University of California to establish 4 California Institutes for Science and Innovation at separate campuses of the University of California for specified purposes. Current law authorizes the concentration of each institute to include, among other concentrations, medicine, bioengineering, or space. This bill would explicitly authorize the concentration of an institute to include artificial intelligence. (Based on 01/05/2026 text)
Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing
Misc2: Fast Track Housing Package
SB 677 (Wiener, D) Housing development: transit-oriented development.
Current Text: 01/08/2026 - Amended HTML PDF
Status: 01/26/2026 - Read third time. Passed. (Ayes 24. Noes 10.) Ordered to the Assembly.
In Assembly. Read first time. Held at Desk.
Location: 01/26/2026 - Assembly DESK
Summary: Current law requires that a housing development project, as defined, within a specified distance of a transit-oriented development (TOD) stop, as defined, be an allowed use as a transit-oriented housing development on any site zoned for residential, mixed, or commercial development, if the development complies with certain applicable requ irements, as provided. Among these requirements, current law establishes requirements concerning height limits, density, and residential floor area ratio in accordance with a development’s proximity to specified tiers of TOD stops, as provided, and requires a development to meet specified labor standards that require that a specified affidavit be signed under penalty of perjury, under specified circumstances. Current law specifies that a development proposed pursuant to these provisions is eligible for streamlined, ministerial approval, as provided. Current law defines, among other terms, the term “high-frequency commuter rail” for purposes of these provisions to mean a commuter rail service operating a total of at least 48 trains per day across both directions, not including temporary service changes of less than one month or unplanned disruptions, and not meeting the standard for very high frequency commuter rail, at any point in the past three years. Current law also defines the term “Tier 2 transit-oriented development 135
stop” for these purposes to mean a TOD stop within an urban transit county, as defined, excluding a Tier 1 transit-oriented development stop, as defined, served by light rail transit, by high-frequency commuter rail, or by bus service meeting specified standards. This bill would revise the definition of “high-frequency commuter rail” to instead mean a public commuter or intercity rail station with a total of at least 48 passenger trains on average per weekday across all directions, not including temporary service changes of less than one month or unplanned disruptions, and not meeting the standard for very high frequency commuter rail, at any point in the past three years. (Based on 01/08/2026 text)
Position: Oppose
Priority: (2) Priority
Subject: Planning, Land Use, Housing
Misc2: Fast Track Housing Package
SB 757 (Richardson, D) Local government: nuisance abatement.
Current Text: 10/11/2025 - Vetoed HTML PDF
Status: 03/02/2026 - Stricken from file. Veto sustained.
Location: 10/11/2025 - Senate VETOED
Summary: Current law authorizes the legislative body of a city or county to establish a procedure to use a nuisance abatement lien or a special assessment to collect abate ment costs and related administrative costs. This bill would authorize, until January 1, 2035, the legislative body of a city or county to also collect fines for specified violations related to the nuisance abatement using a nuisance abatement lien or a special assessment. The bill would require any fines or penalties related to nuisance abatement that are recovered pursuant to these provisions to be used to fund efforts within city or county government, as applicable, to streamline the issuance of permits for housing development or to establish a revolving loan fund for specified housing purposes. This bill would require the city or county to create a process for granting a hardship waiver, to reduce the amount of the fine, upon a specified showing by the responsible person. The bill would require the hardship waiver to totally waive fines and penalties for persons with income equal to or less than 200% of the federal poverty line, as defined. (Based on 09/05/2025 text)
Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing
SB 904 (Seyarto, R) California Emergency Services Act: disaster recovery: wildfires.
Current Text: 03/09/2026 - Amended HTML PDF
Status: 03/09/2026 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on HOUSING.
Location: 02/18/2026 - Senate Housing
Summary: The California Emergency Services Act authorizes the Governor to proclaim a state of emergency when specified conditions of disaster or extreme peril to the safety of persons and property exist, and authorizes the Governor to exercise certain powers in response to that emergency, including, but not limited to, suspending specified statutes, ordinances, orders, regulations, or rules. This bill would require the Department of Housing and Community Development, in consultation with other specified state agencies, within 30 days of a state of emergency declared by the Governor relating to a wildfire, to provide a report to the Governor and the Legislature identifying state permitting requirements that may unduly impede efforts to rebuild properties or facilities destroyed as a result of the wildfire that should be considered for suspension. The bill would also require the department, in consultation with other specified state agencies, within 60 days of a state of emergency relating to a wildfire, to 136
review and provide a report to the Governor and the Legislature with recommendations regarding any provision of the California Building Standards Code that should be suspended for specified projects in order to facilitate rapid, safe, and cost-effective rebuilding and recovery. The bill would further require the department, upon the declaration of a state of emergency relating to a wildfire, to coordinate with local governments to identify and recommend procedures to establish rapid permitting and approval processes to expedite the reconstruction or replacement of residential properties destroyed or damaged by the wildfire, and would require the department, within 60 days of the state of emergency, to submit a report to the Governor and the Legislature with those recommendations. (Based on 03/09/2026 text) Priority: (4) Standard
Subject: Planning, Land Use, Housing
SB 908 (Wiener, D) Housing development: transit-oriented development.
Current Text: 01/22/2026 - Introduced HTML PDF
Status: 02/11/2026 - Referred to Com. on RLS.
Location: 01/22/2026 - Senate Rules
Summary: Current law generally regulates the development of transit-oriented housing developments near transit-oriented development stops. Current law defines various terms for these purposes. Current law requires the Department of Housing and Community Development to oversee compliance with those provisions, authorizes a local government to enact an ordinance to make its zoning code consistent with those provisions, as specified, and requires each metropolitan planning organization to create a map of transit-oriented development stops and zones within its region by tier, as specified. This bill would state the intent of the Legislature to enact subsequent legislation that would make technical and clarifying changes to those laws governing transit-oriented development, and to add a select set of San Francisco Bay area ferry terminals to the scope of those provisions. (Based on 01/22/2026 text) Position: Support
Priority: (4) Standard
Subject: Planning, Land Use, Housing
Misc2: League of Cities Sponsored
SB 913 (Becker, D) Resource adequacy: aggregated distributed capacity resources.
Current Text: 03/11/2026 - Amended HTML PDF
Status: 03/11/2026 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
Location: 01/27/2026 - Senate Rules
Summary: Existing law requires the Public Utilities Commission (PUC), in consultation with the Independent System Operator, to establish resource adequacy requirements for all electrical corporations, electric service providers, and community choice aggregators. Existing law requires that the resource adequacy program achieve specified objectives, including that it establish new or maintain existing demand response products and tariffs, as specified. This bill would require the PUC, in coordination with the State Energy Resources Conservation and Development Commission and the Independent System Operator, on or be fore June 30, 2027, to enhance existing market-integrated pathways for aggregated distributed capacity resources, as defined, to qualify as resource adequacy capacity, as specified. The bill would require the PUC to allow electrical corporations, electric service providers, and community choice aggregators to include aggregated distributed capacity resources in resource adequacy filings and commission-ordered procurement, as specified. The bill would require the commission, on or before June 30, 2027, to develop recommendations for changes to the Independent System 137
Operator’s proxy demand resource and the distributed energy resource aggregation participation models to be consistent with the commission’s requirements for aggregated distributed capacity resources pursuant to these provisions, and to request that the Independent System Operator implement these changes in a new or existing initiative. (Based on 03/11/2026 text)
Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing
SB 979 (Strickland, R) Planning and zoning: housing element: regional housing needs allocation:
judicial review.
Current Text: 02/04/2026 - Introduced HTML PDF
Status: 02/11/2026 - Referred to Coms. on HOUSING, JUD., and APPR.
Location: 02/11/2026 - Senate Housing
Summary: The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, which includes, among other mandatory elements, a housing element. Current law requires the council of governments or delegate subregion, as applicable, to adopt a final regional housing needs plan that allocates a share of the regional housing need to each city, county, or city and county. Current law requires each council of governments and delegate subregion to distribute a draft allocation of regional housing needs to each local government in the region or subregion. Current law authorizes a local government within the region or the delegate subregion or the department to appeal to the council of governments or the delegate subregion for a revision of the share of the regional housing need proposed to be allocated to one or more local governments, as specified. Current law requires the council of governments or the delegate subregion to make a final determination that either accepts, rejects, or modifies each appeal, as provided. This bill would provide that the final determination by the council of governments or the delegate subregion is subject to judicial review, as specified. (Based on 02/04/2026 text)
Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing
SB 1076 (Pérez, D) Admitted insurers: residential property insurance.
Current Text: 02/13/2026 - Introduced HTML PDF
Status: 02/26/2026 - Referred to Com. on INS.
Location: 02/26/2026 - Senate Insurance
Summary: Current Department of Insurance regulations prohibit an insurer from using a rating plan that does not take into account and reflect specified wildfire risk mitigation, including property-level building hardening measures. On and after January 1, 2028, this bill would prohibit an admitted insurer that offers or sells residential property insurance in this state from refusing to offer, sell, or renew a policy of residential property insurance for an applicant or insured whose property meets minimum home hardening and wildfire mitigation standards, except as provided. The bill would authorize an admitted insurer to apply to the commissioner for a temporary waiver of that prohibition in a particular geographic area of the state, as specified. On and after January 1, 2028, the bill would also require any residential property insurance offered or sold to, at a minimum, provide coverage equivalent in scope to the residential property coverage the admitted insurer most commonly offers or sells in this state.
The bill would suspend or revoke an insurer’s certificate of authority to offer or sell residential property insurance and automobile insurance in this state for five years if the admitted insurer habitually and as a matter of ordinary practice violates these provisions or if the admitted 138
insurer offers residential property insurance in this state on and after January 1, 2026, but elects to cease offering that insurance rather than comply with these provisions. (Based on 02/13/2026 text)
Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing
SB 1116 (Caballero, D) Planning and zoning: housing development projects: subdivisions.
Current Text: 02/17/2026 - Introduced HTML PDF
Status: 02/26/2026 - Referred to Coms. on HOUSING and L. GOV.
Location: 02/26/2026 - Senate Housing
Summary: Under the Planning and Zoning Law, the legislative body of a city or county may adopt ordinances that, among other things, regulate the use of buildings, structures, and land, as provided. The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agency’s processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps. Current law authorizes a development proponent to submit an application for a housing development project on a subdivided lot, as specified, that meets specified requirements, and requires a local agency to ministerially consider that application, as specified. Current law prohibits a local agency from imposing on a housing development on a lot subdivided as specified an objective zoning standard, objective subdivision standard, or objective design standard that, among other things, physically precludes the development of a project built to specified densities. However, with respect to certain lots, current law allows a local agency to impose a height limit of no less than the height allowed pursuant to the existing zoning designation applicable to the lot. This bill would require the height limits under these provisions to apply exclusively to the physical height of a building rather than the number of floors. (Based on 02/17/2026 text) Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing
SB 1117 (Cervantes, D) Accessory dwelling units and junior accessory dwelling units.
Current Text: 02/17/2026 - Introduced HTML PDF
Status: 02/26/2026 - Referred to Coms. on HOUSING and L. GOV.
Location: 02/26/2026 - Senate Housing
Summary: The Planning and Zoning Law provides for the creation by ordinance, or by ministerial approval if the local agency has not adopted an ordinance, of an accessory dwelling unit (ADU) in accordance with specified standards and conditions. Current la w requires fees charged for the construction of ADUs to be determined in accordance with specified provisions of the Mitigation Fee Act. Current law prohibits a local agency, special district, or water corporation from imposing any impact fee upon the development of an ADU that has 750 square feet of interior livable space or less, and requires any impact fees charged for an ADU that has more than 750 square feet of interior livable space to be charged proportionately in relation to the square footage of the primary dwelling unit. This bill would additionally require the charge to be based only on the area in excess of 750 square feet of interior livable space.
By changing the duties of local agencies with regard to calculating fees for ADUs, the bill would impose a state-mandated local program. (Based on 02/17/2026 text) Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing
139
SB 1170 (Durazo, D) Joint powers agreements: nonprofit housing developers.
Current Text: 02/18/2026 - Introduced HTML PDF
Status: 02/26/2026 - Referred to Com. on L. GOV.
Location: 02/26/2026 - Senate Local Government
Summary: The Joint Exercise of Powers Act authorizes 2 or more public agencies, as defined, to jointly exercise any power common to the contracting parties, as provided. Among other things, that act also authorizes a mutual water company to enter into a joint powers agreement with any public agency for the purposes of risk pooling, as specified. The Government Claims Act, among other things, authorizes public entities, mutual water companies, public agencies, water corporations, and mutual water companies to provide insurance under that act by a joint powers agreement, as specified. This bill would additionally authorize a nonprofit housing developer to enter into a joint powers agreement with any public agency for the purpose of risk pooling, and would expand the list of entities authorized to provide insurance by a joint powers agreement to include nonprofit housing developers. The bill would require that, if a nonprofit housing developer enters into a joint powers agreement with one or more public agencies, that the agreement ensure that no participating public agency becomes responsible for the underlying debts or liabilities of the joint powers agreement and that any participating public agency be indemnified against those debts and liabilities. (Based on 02/18/2026 text)
Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing
SB 1215 (Cortese, D) Electrical corporations: electric vehicle charging stations: multifamily residential properties.
Current Text: 02/19/2026 - Introduced HTML PDF
Status: 03/04/2026 - Referred to Com. on E., U & C.
Location: 03/04/2026 - Senate Energy, Utilities and Communications Summary: Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. Existing law requires each electrical corporation, not later than February 28, 2021, to file an advice letter for, and requires the commission, not later than June 30, 2021, to approve, a new tariff or rule that authorizes each electrical corporation to design and deploy all electrical distribution infrastructure on the utility side of the customer’s meter for all customers installing separately metered infrastructure to support charging stations, other than those in single-family residences. Existing law requires the advice letter and the commission’s approval to provide that costs incurred by the electrical corporation between January 1, 2021, and the implementation date of rates approved in the next general rate case decision for that electrical corporation, to be tracked in a memorandum account and recovered, subject to a reasonableness review, in the decision adopting the next general rate case revenue requirement for that electrical corporation. Existing law authorizes the commission to revise the policy after the completion of the general rate case cycle of the electrical corporation following the one during which the advice letter was filed if a determination is made that a change in the policy is necessary to ensure just and reasonable rates for ratepayers. This bill would delete the authorization for the commission to revise the policy. This bill contains other related provisions and other existing laws. (Based on 02/19/2026 text)
Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing
SB 1216 (Cabaldon, D) Planning and Zoning Law: housing leadership designation. 140
Current Text: 02/19/2026 - Introduced HTML PDF
Status: 03/04/2026 - Referred to Com. on HOUSING.
Location: 03/04/2026 - Senate Housing
Summary: This bill would require the department, on or before July 1 of each year, to publish a list of housing leadership designated jurisdictions on its internet website. To qualify for a housing leadership designation, the bill would require that the jurisdiction ha ve submitted a complete annual progress report for the preceding 5 years and, as applicable, that it meet specified requirements relating to housing production that vary based on whether the jurisdiction is an affordable jurisdiction, an unaffordable jurisdiction, or an extremely unaffordable jurisdiction, as those terms are defined. The bill would also require the department to publish a list of the affordability designation for each jurisdiction that has submitted a complete annual progress report, as provided. The bill would authorize a jurisdiction with a housing leadership designation to take prescribed actions, including to establish by ordinance an exemption or modification of specified provisions of the Planning and Zoning Law. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. (Based on 02/19/2026 text)
Priority: (4) Standard
Subject: Planning, Land Use, Housing
Public Safety
AB 237 (Patel, D) Crimes: threats.
Current Text: 07/03/2025 - Amended HTML PDF
Status: 09/13/2025 - Failed Deadline pursuant to Rule 61(a)(14). (Last location was INACTIVE FILE on 9/13/2025)(May be acted upon Jan 2026)
Location: 09/13/2025 - Senate 2 YEAR
Summary: Current law makes it a crime to willfully threaten to commit a crime that will r esult in death or great bodily injury to another person, with the specific intent that the statement is to be taken as a threat that, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened a gravity of purpose and an immediate prospect of execution of the threat, and thereby reasonably causes the threatened person to be in sustained fear for their own safety or the safety of their immediate family, as defined. Under current law, this crime is punishable by imprisonment in a county jail for no more than one year for a misdemeanor, or by imprisonment in state prison for a felony. This bill would make it a crime for a person to willfully threaten, by any means, including, but not limited to, an image or threat posted or published on an internet web page, to commit a crime at specified locations, including a daycare and workplace, with specific intent that the statement is be taken as a threat, even if there is no intent of actually carrying it out, if the threat, on its face and under the circumstances in which it is made is so unequivocal, unconditional, immediate, and specific as to convey to the person or persons threatened a gravity of purpose and an immediate prospect of execution of the threat, and if the threat causes a person or person to reasonably be in sustained fear for their own safety or the safety of others at the specified locations. (Based on 07/03/2025 text) Position: Support
Priority: (4) Standard
Subject: Public Safety
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AB 262 (Caloza, D) California Individual Assistance Act.
Current Text: 05/23/2025 - Amended HTML PDF
Status: 06/11/2025 - Referred to Com. on G.O.
Location: 06/11/2025 - Senate Governmental Organization Summary: The California Disaster Assistance Act requires the Director of Emergency Services to provide financial assistance to local agencies for their personnel costs, equipment costs, and the cost of supplies and materials used during disaster response activities, incurred as a result of a state of emergency proclaimed by the Governor, subject to specified criteria.
The act continuously appropriates moneys in the Disaster Assistance Fund and its subsidiary account, the Earthquake Emergency Investigations Account, without regard to fiscal year, for purposes of the act. This bill would enact the California Individual Assistance Act to establish a grant program to provide financial assistance, upon appropriation by the Legislature, to local agencies, community-based organizations, and individuals for specified costs related to a disaster, as prescribed. The bill would require the director to allocate from the fund, sub ject to specified conditions, funds to meet the cost of expenses for those purposes. (Based on 05/23/2025 text)
Priority: (6) Info only
Subject: Municipal Funding and Procurement, Public Safety Misc2: League of Cities Sponsored
AB 1231 (Elhawary, D) Criminal procedure: Safer Communities Through Opportunities Act.
Current Text: 09/05/2025 - Amended HTML PDF
Status: 09/13/2025 - Read third time. Passed. Ordered to the Assembly. (Ayes 21. Noes 16.
and 51(a)(4) suspended. (Ayes 59. Noes 20. Page 3413.) Assembly Rule 63 suspended. (Page 3484.) Assembly refused to concur in Senate amendments. (Ayes 34. Noes 2 7. Page 3497.) Motion to reconsider made by Assembly Member Elhawary.(Set for Hearing on 1/5/2025)
Location: 09/13/2025 - Assembly RECONSIDERATION
Summary: Current law authorizes a judge in the superior court in which a misdemeanor is being prosecuted to offer misdemeanor diversion to a defendant. Current law, upon successful completion of the terms, conditions, or programs ordered by the court, makes the arrest upon which the diversion was imposed deemed to have never occurred, except as specified relat ing to application to be a peace officer. This bill, the Safer Communities Through Opportunities Act, would authorize a court to exercise its discretion to grant pretrial diversion on a felony offense, subject to certain exceptions. The bill would authorize the court to consider information from, among others, the prosecutor and the defense in determining whether or not to grant diversion and would prohibit a court from granting diversion unless it finds that the diversion plan mitigates any unreasonable risk of danger to public safety and that the defendant is likely to benefit from the services provided in the diversion plan. The bill would authorize a court to consider reinstating criminal proceedings in certain circumstances, such as the commission of a misdemeanor committed while the defendant is receiving pretrial diversion services that shows a propensity for violence, among others. (Based on 09/05/2025 text) Position: Oppose
Priority: (4) Standard
Subject: Public Safety
AB 1383 (McKinnor, D) Public employees’ retirement benefits: safety members.
Current Text: 01/22/2026 - Amended HTML PDF
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Status: 01/29/2026 - Read third time. Passed. Ordered to the Senate. (Ayes 70. Noes 2.) In Senate. Read first time. To Com. on RLS. for assignment.
Location: 01/29/2026 - Senate Rules
Summary: The California Public Employees’ Pension Reform Act of 2013 (PEPRA) establishes a variety of requirements and restrictions on public employers offering defined benefit pension plans. In this regard, PEPRA restricts the amount of compensation that may be applied for purposes of calculating a defined pension benefit for a new member, as defined, by restricting it to specified percentages of the contribution and benefit base under a specified federal law with respect to old age, survivors, and disability insurance benefits. The Teachers’ Retirement Law establishes the State Teachers’ Retirement System (STRS) and creates the Defined Benefit Program of the State Teachers’ Retirement Plan, which provides a defined benefit to members of the program, based on final compensation, creditable service, and age at retirement, subject to certain variations. This bill, on and after January 1, 2027, would require a retirement system subject to PEPRA to adjust pensionable compensation limits to be consistent with specified percentages of the contribution and benefit base under the specified federal law with respect to old age, survivors, and disability insurance bene fits. The bill would require a new member of STRS to be subject to specified limits of the Teachers’ Retirement Law. (Based on 01/22/2026 text)
Position: Oppose
Priority: (4) Standard
Subject: Human Resources, Public Safety
AB 1537 (Bryan, D) Peace officers: secondary employment.
Current Text: 01/05/2026 - Introduced HTML PDF
Status: 03/04/2026 - Coauthors revised. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 3.) (March 3). Re-referred to Com. on APPR.
Location: 03/04/2026 - Assembly Appropriations
Summary: Existing law provides that every executive or ministerial officer, employee, or appointee of the State of California, or any county or city therein, or any political subdivision thereof, who knowingly asks, receives, or agrees to receive any emolument, gratuity, or reward, or any promise thereof excepting such as may be authorized by law for doing an official act, is guilty of a misdemeanor. Existing law exempts from that offense certain employment by a peace officer while off duty, as specified. Existing law also provides that a peace officer shall not be prohibited from engaging in other employment while off duty, as specified. This bill would, notwithstanding those provisions, prohibit a peace officer from being employed by, or being an independent contractor of or volunteer for, the United States Department of Homeland Security or its contractors or any other entity that assists with or engages in immigration enforcement. The bill would provide that failure to comply with this provision constitutes, for certain purposes, an act of dishonesty and that it is grounds for decertification as a peace officer. (Based on 01/05/2026 text) Subject: Public Safety
AB 1541 (Dixon, R) Human trafficking: data.
Current Text: 02/09/2026 - Amended HTML PDF
Status: 03/04/2026 - From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 9. Noes 0.) (March 3). Re-referred to Com. on APPR.
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Location: 03/04/2026 - Assembly Appropriations
Summary: Current law requires the Department of Justice to collect data from specified local law enforcement agencies and to make available on the department’s OpenJustice Web portal information relating to criminal statistics. Current law requires those law enforcement agencies to install and maintain records needed for the correct reporting of statistical data and to report the data to the Attorney General in the manner the Attorney General prescribes. Current law requires the department to include information concerning arrests for human tra fficking and the number of individuals who have been a victim of human trafficking, as reported through the California Incident-Based Reporting System, in the information made available on the OpenJustice Web portal. This bill would require that the information included on the OpenJustice Web portal include the number of individuals arrested, the number of individuals convicted, and the number of victims of human trafficking, as specified. (Based on 02/09/2026 text)
Subject: Public Safety
AB 1544 (Krell, D) Court proceedings: media access.
Current Text: 01/05/2026 - Introduced HTML PDF
Status: 02/17/2026 - Referred to Coms. on PUB. S. and JUD.
Location: 02/17/2026 - Assembly Public Safety
Summary: Current law authorizes specified peace officers to close the immediate area surrounding any emergency field command post or other command post or to establish a police line or rolling closure at a demonstration, march, protest, or rally, as specified. Current law exempts a duly authorized representative of any news service, online news service, newspaper, or radio or television station or network from the provisions prohibiting entry into the closed areas mentioned above. This bill would bar a judicial officer, pe ace officer, or other law enforcement officer from prohibiting a duly authorized representative of a news service, online news service, newspaper, or radio or television station or network from accessing court proceedings that are open to the public. (Based on 01/05/2026 text) Subject: Legal and Records Management, Public Safety
AB 1546 (Schultz, D) Vehicles: driving under the influence.
Current Text: 01/05/2026 - Introduced HTML PDF
Status: 03/04/2026 - Coauthors revised. From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (March 3). Re-referred to Com. on APPR.
Location: 03/04/2026 - Assembly Appropriations
Summary: Under existing law, if a person is convicted of either driving under the influence (DUI) of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug or driving while having 0.08% or more, by weight, of alcohol in the person’s blood within 10 years of 2 separate violations of specified DUI offenses, or any combination thereof, that resulted in convictions, that person has committed an offense punishable by imprisonment in the county jail for not less than 120 days nor more than one year and by a fine, as specified. This bill would, instead, make the above DUI conviction punishable as a wobbler by imprisonment in the county jail for not less than 120 days nor more than one year and by a fine, as specified, or by imprisonment in the county jail for 16 months or 2 or 3 years and a fine, as specified. (Based on 01/05/2026 text)
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Subject: Public Safety
AB 1557 (Papan, D) Vehicles: electric bicycles.
Current Text: 01/08/2026 - Introduced HTML PDF
Status: 02/02/2026 - Referred to Com. on TRANS.
Location: 02/02/2026 - Assembly Transportation
Summary: Current law defines an electric bicycle as a bicycle equipped with fully operable pedals and an electric motor that does not exceed 750 watts of power. This bill would clarify that an electric bicycle is a bicycle equipped with fully operable pedals and an electric moto r that is not capable of exceeding 750 watts of peak power. (Based on 01/08/2026 text) Subject: Public Safety, Transportation & Infrastructure
AB 1558 (Arambula, D) Uniform Emergency Volunteer Health Practitioners Act.
Current Text: 01/08/2026 - Introduced HTML PDF
Status: 01/09/2026 - From printer. May be heard in committee February 8.
Location: 01/08/2026 - Assembly PRINT
Summary: Current law establishes the Emergency Medical Services Authority (EMSA) in th e California Health and Human Services Agency to establish planning and implementation guidelines for emergency medical service systems, as specified. The guidelines are required to address, among other things, disaster response, and the authority is required to provide technical assistance to existing agencies, counties, and cities for the purpose of developing the components of emergency medical services systems. The EMSA is required to adopt rules and regulations, approved by the Commission on Emergency Medical Services, in order to carry out its duties. Current federal law establishes the Emergency System for Advance Registration of Volunteer Health Professionals (ESAR-VHP) program to support states and territories in establishing volunteer registration programs for disasters and public health and medical emergencies. Pursuant to the ESAR-VHP program, the EMSA established the Disaster Healthcare Volunteers program to register volunteers in California. Current federal law also establishes the Medical Reserve Corps to provide for an adequate supply of volunteers in the case of a federal, state, local, or tribal public health emergency, as specified. This bill would enact the Uniform Emergency Volunteer Health Practitioners Act, which would authorize the establishment of additional volunteer registration systems by additional entities. In this regard, the bill would require a registration system to be an ESAR-VHP program or a local unit of the Medical Reserve Corps, as specified, to be designated by the EMSA as a registration system, or to be operated by one of specified types of entities, including, among others, a disaster relief organization, as defined. The bill would require that a registration system be capable of supplying the EMSA with sufficient information concerning whether a volunteer is licensed to provide specified health or veterinary services in another state or territory of the United States and in good standing before that volunteer provides those services in this state while an emergency declaration is in effect, as specified. The bill would establish scope-of-practice standards for a registered volunteer health practitioner. The bill would authorize the EMSA to limit, restrict, or otherwise regulate, among other things, the duration of practic e, the geographical areas in which volunteer health practitioners may practice, and any other matters necessary to coordinate the provision of health or veterinary services during the emergency. (Based on 01/08/2026 text)
Subject: Public Safety
AB 1559 (Calderon, D) Residential property insurance images. 145
Current Text: 01/08/2026 - Introduced HTML PDF
Status: 02/02/2026 - Referred to Coms. on INS. and P. & C.P.
Location: 02/02/2026 - Assembly Insurance
Summary: Would require an admitted insurer to notify a residential property insurance policyholder that aerial images may be taken or obtained of the insured property, as specified, unless a claim has been submitted or is pending on the property and the images will be used only for evaluating the claim. The bill would require the insurer to provide the aerial images upon request, as specified, and would require the notice to include instructions regarding how a policyholder may make that request. (Based on 01/08/2026 text) Position: Support
Priority: (4) Standard
Subject: Planning, Land Use, Housing, Public Safety
AB 1566 (Jackson, D) Crimes: mandated reporters: severe neglect.
Current Text: 01/12/2026 - Introduced HTML PDF
Status: 03/05/2026 - Read second time. Ordered to third reading.
Location: 03/05/2026 - Assembly THIRD READING
Summary: The Child Abuse and Neglect Reporting Act makes certain persons, including teachers and social workers, mandated reporters. Under current law, mandated reporters are required to report whenever the mandated reporter, in their professional capacity or within the scope of their employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. Failure by a mandated reporter to report an incident of known or reasonably suspected child abuse or neglect is a misdemeanor. Current law, for the purposes of the act, defines “severe neglect” as the negligent failure of a person having the care or custody of a child to protect the child from severe malnutrition or medically diagnosed nonorganic failure to thrive, as well as those situations of neglect where any person having the care or custody of a child willfully causes or permits the person or health of the child to be placed in a situation such that their person or health is endangered as proscribed by specified law, including the intentional failure to provide adequate food, clothing, shelter, or medical care. This bill would recast the definition of “severe neglect” for the purposes described above. (Based on 01/12/2026 text) Priority: (4) Standard
Subject: Human Services, Recreation, Quality of Life, Public Safety
AB 1568 (Alanis, R) Sex offenses: registration.
Current Text: 03/05/2026 - Amended HTML PDF
Status: 03/09/2026 - Re-referred to Com. on APPR.
Location: 03/04/2026 - Assembly Appropriations
Summary: The Sex Offender Registration Act requires a person convicted of one of certain crimes, as specified, to register with law enforcement as a sex offender while residing in California or while attending school or working in California, as specified. Existing law, on and after July 1, 2021, authorizes a person to file a petition in the superior court in the county in which they are registered for termination from the sex offender registry on or after their next birthday following the expiration of the mandated minimum registration period. If the district attorney requests a hearing regarding the above-described petition, under existing law, the 146
district attorney is entitled to present evidence regarding whether community safety would be significantly enhanced by requiring continued registration. Existing law requires the court, in determining whether to order continued registration pursuant to the hearing, to consider specified information, including the person’s current risk of reoffense as indicated on the State - Authorized Risk Assessment Tool for Sex Offenders (SARATSO), as specified. This bill would authorize the court to order the petitioner to be present at the hearing described above, as specified. The bill would additionally require the court to consider whether the offender was in a position of trust or authority in relation to the victim and proof of participation in or successful completion of sex offender-specific treatment by the offender in the above-described determination. (Based on 03/05/2026 text)
Subject: Public Safety
AB 1569 (Davies, R) Pupil safety: electric bicycle parking: safety program.
Current Text: 03/09/2026 - Amended HTML PDF
Status: 03/10/2026 - Re-referred to Com. on ED.
Location: 02/09/2026 - Assembly Education
Summary: Existing law authorizes the governing board of any school district having jurisdiction over elementary, intermediate, junior high, or high school to provide time and facilities to local law enforcement agency having jurisdiction over the school of the district for bicycle, scooter, electric bicycle, motorized bicycle, or motorized scooter safety instruction.
Existing law prohibits a person from driving or parking a vehicle or animal upon the driveways, paths, parking facilities, or grounds of specific public entities, including a public school or an educational institution exempted, in whole or in part, from taxation, except with the permission of, and subject to any condition or regulation that may be imposed by, the governing body of the specified public entity. Existing law authorizes a public agency to adopt rules or regulations to restrict, or specify the conditions for, the use of bicycles, motorized bicycles, electric bicycles, skateboards, electrically motorized boards, and roller skates on public property un der the jurisdiction of that agency. This bill would require each school district and county office of education that allows pupils in kindergarten or any of grades 1 to 12, inclusive, to park a class 1, 2, or 3 electric bicycle, as defined, on campus to require pupils to complete the electric bicycle safety and training program developed by the Department of the California Highway Patrol, as provided, or a related safety course, as specified, as a condition for parking on campus. (Based on 03/09/2026 text)
Priority: (4) Standard
Subject: Public Safety, Transportation & Infrastructure
AB 1586 (Ramos, D) Opioid overdose reversal medication: school resource officers.
Current Text: 01/14/2026 - Introduced HTML PDF
Status: 03/09/2026 - Referred to Com. on ED.
Location: 03/09/2026 - Assembly Education
Summary: Current law authorizes a school district, county office of education, and charter school to provide emergency naloxone hydrochloride or another opioid antagonist to school nurses and trained personnel who have volunteered, and authorizes school nurses and trained personnel to use naloxone hydrochloride or another opioid antagonist to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an opioid overdose. This bill, to be known as the School Safety and Opioid Overdose Prevention Act, would require a school district, county office of education, or charter school to ensure that (A) each school resource officer, as defined, while on duty at a school campus or school - sponsored activity, carries an opioid antagonist to provide emergency treatment to persons 147
who are suffering, or reasonably believed to be suffering, from an opioid overdose and (B) each school resource officer, upon assignment to a schoolsite, and at least every 2 years thereafter, completes an opioid overdose recognition and response training, as specified. By imposing additional duties on local educational agencies, the bill would impose a state - mandated local program. The bill would prohibit a school resource officer who administers an opioid antagonist while assigned to a schoolsite, and their employing or contracting entity, from being held liable in a civil action or being subject to criminal prosecution for the school resource officer’s acts or omissions, unless those acts or omissions constitute gross negligence or willful and wanton misconduct, as provided. (Based on 01/14/2026 text) Subject: Public Safety
AB 1588 (Stefani, D) Vehicles: sideshow enhancements.
Current Text: 01/15/2026 - Introduced HTML PDF
Status: 01/16/2026 - From printer. May be heard in committee February 15.
Location: 01/15/2026 - Assembly PRINT
Summary: Current law prohibits a person from engaging in, aiding, or abetting, a motor vehicle speed contest or motor vehicle exhibition of speed on a highway or in an offstreet parking facility. A violation of these provisions is punishable as a misdemeanor or felony, as specified. This bill would make technical, nonsubstantive changes to these provisions. (Based on 01/15/2026 text)
Subject: Public Safety
AB 1605 (Ransom, D) Driving under the influence: alcohol sales.
Current Text: 03/09/2026 - Amended HTML PDF
Status: 03/10/2026 - Re-referred to Com. on PUB. S.
Location: 03/09/2026 - Assembly Public Safety
Summary: The Alcoholic Beverage Control Act provides for the issuance, suspension, revocation, and conditions upon licensure for the manufacture, distribution, an d sale of alcoholic beverages. Existing law makes every person who sells, furnishes, gives, or causes to be sold, furnished or given away any alcoholic beverage to any person under 21 years of age guilty of a misdemeanor. Existing law also makes it unlawful for a person who is under the influence of any alcoholic beverage or drug, or the combined influence of both, to drive a vehicle and requires a court, when granting probation following conviction of a driving under the influence offense, to impose certain terms and conditions, including that the individual not drive a vehicle with any measurable amount of alcohol in their blood, among others. This bill would require everyone who sells or furnishes alcoholic beverages to first review a form of written identification issued by this state or another state and would make a violation of this requirement a misdemeanor. The bill would require a court, subject to an exception, when granting probation for certain driving under the influence offenses to prohibit the person from purchasing alcohol and would require the Department of Motor Vehicles to issue an identification card or driver’s license with an appropriate designation on the face upon the receipt of an abstract of the record of a court. The bill would authorize the court to prohibit the purchase of alcohol when the underlying conviction involved a certain percentage of alcohol, the offense occurred within 3 years of a separate driving under the influence offense, or the offense involved property damage or great bodily injury, as specified. (Based on 03/09/2026 text)
Subject: Public Safety
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AB 1612 (Alanis, R) Incineration of controlled substances: California Environmental Quality Act:
law enforcement exemption.
Current Text: 01/21/2026 - Introduced HTML PDF
Status: 03/02/2026 - Referred to Coms. on NAT. RES. and E.S & T.M.
Location: 03/02/2026 - Assembly Natural Resources
Summary: The Uniform Controlled Substances Act authorizes the forfeiture and seizure of property involved in, or purchased with the proceeds from, a controlled substance offense. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to pr epare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. This bill would authorize a local police department, sheriff’s office, or state law enforcement agency to purchase and install an incinerator for the sole purpose of destroying seized controlled substances, as provided. The bill would require the local police department, sheriff’s office, or state law enforcement agency to follow specified federal regulations and to notify the State Air Resources Board and the local air quality management district or local air pollution control district of the project, as specified. The bill would authorize multiple law enforcement agencies to purchase and install an incinerator for these purposes through a memorandum of understanding that details cost sharing. The bill would exempt a pro ject to purchase and install an incinerator that complies with these requirements from CEQA. (Based on 01/21/2026 text)
Subject: Public Safety
AB 1622 (Rubio, Blanca, D) Electrified security fences.
Current Text: 01/22/2026 - Introduced HTML PDF
Status: 02/09/2026 - Referred to Com. on L. GOV.
Location: 02/09/2026 - Assembly Local Government
Summary: Current law, until January 1, 2028, authorizes an owner of real property to install and operate on their property an electrified security fence that is powered by an electrical energizer, driven by solar-charged batteries of no more than 12 volts of direct current, and used to protect and secure manufacturing or industrial property, or property zoned under another designation, but legally authorized to be used for a commercial purpose that stores, parks, services, sells, or rents vehicles or other materials, subject to specified conditions.
Current law prohibits a city, county, or city and county from prohibiting or conditioning the installation of an electrified security fence, as described above, except for requiring an administrative permit to confirm a fence abutting a property in residential use, or within 300 feet of a public park, childcare facility, recreation center, community center, or school facility, meets certain requirements. Current law repeals these provisions on January 1, 2028. Current law, starting January 1, 2028, authorizes an owner of real property to install and operate on their property an electrified security fence that is powered by an electrical energizer, and used to protect and secure commercial, manufacturing, or industrial property, or property zoned under another designation, but legally authorized to be used for a commercial, manufacturi ng, or industrial purpose, subject to specified conditions and subject to prohibitions imposed by a city, county, or city and county through a local ordinance. This bill would indefinitely extend the operation of the electrified security fence provisions subject to repeal on January 1, 2028, and would repeal the provisions that become operative on January 1, 2028. (Based on 01/22/2026 text)
Subject: Planning, Land Use, Housing, Public Safety
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AB 1866 (Rogers, D) California Disaster Assistance Act: minimum damages thresholds.
Current Text: 03/11/2026 - Amended HTML PDF
Status: 03/11/2026 - From committee chair, with author's amendments: Amend, and re-refer to Com. on E.M. Read second time and amended.
Location: 02/23/2026 - Assembly Emergency Management
Summary: The California Disaster Assistance Act requires the Director of Emergency Services to provide financial assistance to local agencies for their personnel costs, equipment costs, and the cost of supplies and materials used during disaster response activities, i ncurred as a result of a state of emergency proclaimed by the Governor, subject to specified criteria.
This bill would require the director, in administering those provisions, to prioritize local agencies that are not eligible for federal funding due to the agency’s inability to meet minimum damage thresholds under federal law, as specified. (Based on 03/11/2026 text) Position: Support
Priority: (3) Significant
Subject: Public Safety
Misc2: League of Cities Sponsored
AB 1941 (González, Mark, D) Organized metal theft.
Current Text: 02/13/2026 - Introduced HTML PDF
Status: 03/02/2026 - Referred to Com. on PUB. S.
Location: 03/02/2026 - Assembly Public Safety
Summary: Current law makes a person who is a dealer in or collector of junk, metals, or secondhand materials, or their agent, employee, or representative, who buys or receives any wire, cable, copper, lead, solder, mercury, iron, or brass that the person knows or reasonably should know is used by or belongs to specified entities, including a railroad, certain utility companies, or a public entity engaged in furnishing public utility service, without using due diligence to ascertain that the person selling or delivering that material has a legal right to do so, guilty of criminally receiving that property and, in addition to imprisonment, makes that act punishable by a fine of not more than $5,000. This bill would prohibit organized metal theft, described as acting in concert with one or more persons to steal metal materials from one or more of specified materials and items, acting in concert with 2 or more persons to receive, purchase, or possess those metal materials knowing or believing it to have been stolen, acting as an agent of another to steal those metal materials as part of an organized plan to commit theft, or recruiting, coordinating, organizing, supervising, directing, managing, or financing another to undertake acts of theft of metal. (Based on 02/13/2026 text) Position: Support
Priority: (4) Standard
Subject: Public Safety
AB 2517 (Calderon, D) Fire safety: fire hazard severity zones.
Current Text: 02/20/2026 - Introduced HTML PDF
Status: 03/09/2026 - Referred to Coms. on NAT. RES. and E.M.
Location: 03/09/2026 - Assembly Natural Resources
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Summary: Current law requires the State Fire Marshal to identify areas in the state that are not state responsibility areas, commonly known as local responsibility areas, as moderate, high, and very high fire hazard severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Current law requires the State Fire Marshal to periodically review and make recommendations relative to very high fire hazard severity zones within local responsibility areas. Under current law, this review is required to coincide with review of state responsibility area lands every 5 years and, when possible, fall within the timeframes for each county’s general plan update. Existing law requires a local agency to designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving the recommendations from the State Fire Marshal. Current law authorizes a local agency to, at its discretion, include areas within its jurisdiction not identified as very high fire hazard severity zones by the State Fire Marshal as very high fire hazard severity zones and areas not identified as moderate and high fire hazard severity zones by the State Fire Marshal as moderate and high fire hazard severity zones.
Under existing law, a local agency is required to transmit a copy of an adopted ordinance to the State Board of Forestry and Fire Protection within 30 days of adoption. Current law provides that changes made by a local agency to the recommendations made by the State Fire Marshal are final. This bill would require the State Fire Marshal to, no fewer than 180 days before finalizing the designation of local responsibility areas as moderate, high, and very high f ire hazard severity zones, post specified information on its public internet website, conduct regional public workshops to receive oral public comments and consider those comments, host a 30-day public comment period to receive written comments from intere sted stakeholders and respond to all written comments by local agencies within 30 days of the end of the public comment period, and coordinate with other state agencies to help educate the public during the public workshops, as specified. (Based on 02/20/2026 text) Position: Support
Priority: (4) Standard
Subject: Planning, Land Use, Housing, Public Safety
Misc2: League of Cities Sponsored
SB 6 (Ashby, D) Controlled substances: xylazine.
Current Text: 12/02/2024 - Introduced HTML PDF
Status: 08/28/2025 - Failed Deadline pursuant to Rule 61(a)(11). (Last location was APPR.
SUSPENSE FILE on 7/16/2025)(May be acted upon Jan 2026)
Location: 08/28/2025 - Assembly 2 YEAR
Summary: The California Uniform Controlled Substances Act categorizes controlled substances into 5 schedules and places the greatest restrictions on those substances contained in Schedule I. Under existing law, the substances in Schedule I are deemed to have a high potential for abuse and no accepted medical use while substances in Schedules II through V are substances that have an accepted medical use, but have the potential for abuse.
Current law restricts the prescription, furnishing, possession, sale, and use of controlled substances, and makes a violation of those laws a crime, except as specified. Current law defines drug paraphernalia and prohibits, among other things, the manufacture, sale, and possession, as specified, of drug paraphernalia. Current law excludes from these prohibitions any testing equipment that is designed, marketed, used, or intended to be used to analyze a substance for the presence of fentanyl, ketamine, gamma hydroxybutyric acid, or any analog of fentanyl. This bill would add xylazine to the list of Schedule III substances, as specified. If an animal drug containing xylazine that has been approved under the federal Food, Drug and Cosmetic Act is not available for sale in California, the bill would create an exception for a substance that is intended to be used to compound an animal drug, as specified. The bill would exclude from the prohibitions on paraphernalia any testing equipment to analyze a substance for the presence of xylazine. (Based on 12/02/2024 text) Position: Support
Priority: (5) Track/Watch
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Subject: Public Safety
SB 569 (Blakespear, D) Department of Transportation: homeless encampments.
Current Text: 04/21/2025 - Amended HTML PDF
Status: 07/17/2025 - Failed Deadline pursuant to Rule 61(a)(10). (Last location was TRANS. on 6/16/2025)(May be acted upon Jan 2026)
Location: 07/17/2025 - Assembly 2 YEAR
Summary: Current law authorizes the Department of Transportation to establish maintenance programs related to highway cleanup, as specified. This bill would require the department to establish a dedicated liaison to, among other things, facilitate communication with local governments and relevant state agencies with regard to addressing homeless encampments within the state highway system and to oversee the development and implementation of delegated maintenance agreements between local agencies and the department in which both work together to reduce and remove homeless encampments within the department’s jurisdiction. The bill would authorize the department to grant a single general entry permit for the duration of a delegated maintenance agreement to conduct activities authorized by the bill.
The bill would require the department to submit an annual report to the Legislature summarizing specified information and recommendations regarding homeless encampments. (Based on 04/21/2025 text)
Position: Support
Priority: (4) Standard
Subject: Public Safety, Transportation & Infrastructure Misc2: League of Cities Sponsored
SB 758 (Umberg, D) Public health: nitrous oxide.
Current Text: 01/22/2026 - Amended HTML PDF
Status: 01/27/2026 - Read third time. Passed. (Ayes 40. Noes 0.) Ordered to the Assembly. In Assembly. Read first time. Held at Desk.
Location: 01/27/2026 - Assembly DESK
Summary: The Cigarette and Tobacco Products Licensing Act of 2003 requires a retailer, as defined, to hold a license from the California Department of Tax and Fee Administration to engage in the sale of cigarettes or tobacco products. A violation of these provisions is a misdemeanor. This bill would expand those provisions to prohibit a retailer from selling nitrous oxide in any retail location, subject to certain exceptions. (Based on 01/22/2026 text) Position: Support
Priority: (4) Standard
Subject: Public Safety
Misc2: League of Cities Sponsored
SB 759 (Archuleta, D) Crimes: supervised release.
Current Text: 05/23/2025 - Amended HTML PDF
Status: 08/28/2025 - Failed Deadline pursuant to Rule 61(a)(11). (Last location was APPR.
SUSPENSE FILE on 7/9/2025)(May be acted upon Jan 2026)
Location: 08/28/2025 - Assembly 2 YEAR
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Summary: Existing law requires the county agency supervising the release of a person on postrelease community supervision to petition a court to revoke, modify, or terminate postrelease community supervision if the agency determines, following application of its assessment processes, that intermediate sanctions are not appropriate. This bill would require the county agency supervising the release of a person on postrelease community supervision to also petition a court to revoke, modify, or terminate postrelease community supervision if the person has violated the terms of their release for a 3rd time and the person has committed a new felony or misdemeanor. By imposing additional duties on county agencies administering postrelease community supervision, this bill would impose a state-mandated local program. (Based on 05/23/2025 text)
Priority: (4) Standard
Subject: Public Safety
SB 936 (Blakespear, D) Nitrous oxide: sales.
Current Text: 01/29/2026 - Introduced HTML PDF
Status: 03/03/2026 - Set for hearing March 17.
Location: 02/11/2026 - Senate Public Safety
Summary: Current law makes it a misdemeanor to possess nitrous oxide with the intent of inhaling it for specified purposes, including to cause intoxication. The Cigarette and Tobacco Products Licensing Act of 2003 requires a retailer, as defined, to hold a license from th e California Department of Tax and Fee Administration to engage in the sale of cigarettes or tobacco products. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commer cial medicinal and adult-use cannabis activities, including retail commercial cannabis activity. This bill would, except as specifically exempted, prohibit the sale and distribution of a nitrous oxide container that is capable of holding more than 8 grams of nitrous oxide or from which an individual may directly inhale nitrous oxide. The bill would also prohibit the sale and distribution of a nitrous oxide that has, or is marketed as having, the taste or smell of any food. The bill would prohibit the sale and distribution of a device that allows an individual to inhale nitrous oxide from the container or hold nitrous oxide for the purposes of inhalation. The bill would punish a violation of these provisions as an infraction, as specified. The bill would also authorize a court to suspend the business license, including a license to sell tobacco products or cannabis, if the business has a prior conviction for violating these prohibitions. (Based on 01/29/2026 text)
Position: Support
Priority: (4) Standard
Subject: Public Safety
SB 1153 (Caballero, D) Disaster preparedness: urban retail water suppliers and public water systems: wildfire.
Current Text: 02/18/2026 - Introduced HTML PDF
Status: 03/04/2026 - Referred to Coms. on E.M. and N.R. & W.
Location: 03/04/2026 - Senate Emergency Management
Summary: The California Emergency Services Act requires all public water systems, as defined, with 10,000 or more service connections to review and revise their disaster preparedness plans in conjunction with related agencies, including, but not limited to, local fire departments and the Office of Emergency Services to ensure that the plans are sufficient to address possible disaster scenarios. A person, as defined, who violates the provisions of this act is guilty of a misdemeanor. This bill, beginning January 1, 2028, would require all urban 153
retail water suppliers, as defined, serving a high or very high fire hazard severity zone to include incident-specified response procedures for wildfires as part of their disaster preparedness plans, including any applicable emergency response plan as required by federal law. The bill would require these plans to include mitigation actions, including actions, procedures, and equipment, that can obviate or significantly lessen the impact of a wildfire on the water system and the supply of drinking water provided by the water supplier. Because violation of these requirements by certain urban retail water suppliers would constitute a misdemeanor, the bill would expand the scope of a crime, thereby imposing a state -mandated local program. (Based on 02/18/2026 text)
Priority: (4) Standard
Subject: Public Safety, Trash, Recycling, Water, Resources
Transportation & Infrastructure
AB 911 (Carrillo, D) Emergency telecommunications medium- and heavy-duty zero-emission vehicles.
Current Text: 02/19/2025 - Introduced HTML PDF
Status: 07/17/2025 - Failed Deadline pursuant to Rule 61(a)(10). (Last location was E.Q. on 6/11/2025)(May be acted upon Jan 2026)
Location: 07/17/2025 - Senate 2 YEAR
Summary: The State Air Resources Board has adopted the Advanced Clean Fleets Regulations, which imposes various requirements for transitioning local, state, and federal government fleets of medium- and heavy-duty trucks, other high-priority fleets of medium- and heavy-duty trucks, and drayage trucks to zero-emission vehicles, as provided. This bill would exempt emergency telecommunications vehicles owned or purchased by emergency telecommunications service providers that are used to participate in the federal Emergency Alert System, to provide access to 911 emergency services, or to provide wireless con nectivity during service outages from specified requirements in the above-described regulations. (Based on 02/19/2025 text)
Position: Support
Priority: (4) Standard
Subject: Transportation & Infrastructure
AB 1198 (Haney, D) Public works: prevailing wages.
Current Text: 01/22/2026 - Amended HTML PDF
Status: 01/29/2026 - Read third time. Passed. Ordered to the Senate. (Ayes 65. Noes 6.) In Senate. Read first time. To Com. on RLS. for assignment.
Location: 01/29/2026 - Senate Rules
Summary: Current law requires that, except as specified, not less than the gene ral prevailing rate of per diem wages, determined by the Director of Industrial Relations, be paid to workers employed on public works projects. Current law requires the body awarding a contract for a public work to obtain from the director the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is to be performed, and the general prevailing rate of per diem wages for holiday and overtime work, for each craft, classification, or type of worker needed to execute the contract. Under current law, if the director determines during any quarterly period that there has been a change in any prevailing rate of per diem wages in a locality, the director is required to make that change available to the awar ding body and their determination is final. Under current law, that determination does not apply to public 154
works contracts for which the notice to bidders has been published. This bill would instead state, commencing July 1, 2027, that if the director determines, within a semiannual period, that there is a change in any prevailing rate of per diem wages in a locality, that determination applies to any public works contract that is awarded or for which notice to bidders is published after July 1, 2027. The bill would authorize any contractor, awarding body, or specified representative affected by a change in rates on a particular contract to, within 20 days, file with the director a verified petition to review the determination of that rate, as specified. The bill would require the director to, upon notice to the interested parties, initiate an investigation or hold a hearing, and, within 20 days after the filing of that petition, except as specified, make a final determination and transmit the determination in writing to the awarding body and to the interested parties. (Based on 01/22/2026 text)
Position: Oppose
Priority: (4) Standard
Subject: Municipal Funding and Procurement, Transportation & Infrastructure
AB 1421 (Wilson, D) Vehicles: Road Usage Charge Technical Advisory Committee.
Current Text: 01/05/2026 - Amended HTML PDF
Status: 01/29/2026 - Read third time. Passed. Ordered to the Senate. (Ayes 49. Noes 21.) In Senate. Read first time. To Com. on RLS. for assignment.
Location: 01/29/2026 - Senate Rules
Summary: Current law requires the Chair of the California Transportation Commission to create a Road Usage Charge Technical Advisory Committee in consultation with the Secretary of Transportation to guide the development and evaluation of a pilot program assessing the potential for mileage-based revenue collection as an alternative to the gas tax system. Current law additionally requires the Transportation Agency, in consultation with the commission, to implement the pilot program, as specified. Current law repeals these provisions on January 1, 2027. This bill would require the commission, in consultation with the Transportation Agency, to consolidate and prepare research and recommendations related to a road user charge or a mileage-based fee system. The bill would require the commission to submit a report, as specified, on the research and recommendations described above to the appropriate policy and fiscal committees of the Legislature by no later than January 1, 2027. (Based on 01/05/2026 text)
Priority: (5) Track/Watch
Subject: Municipal Funding and Procurement, Transportation & Infrastructure
AB 1557 (Papan, D) Vehicles: electric bicycles.
Current Text: 01/08/2026 - Introduced HTML PDF
Status: 02/02/2026 - Referred to Com. on TRANS.
Location: 02/02/2026 - Assembly Transportation
Summary: Current law defines an electric bicycle as a bicycle equipped with fully operable pedals and an electric motor that does not exceed 750 watts of power. This bill would clarify that an electric bicycle is a bicycle equipped with fully operable pedals and an electr ic motor that is not capable of exceeding 750 watts of peak power. (Based on 01/08/2026 text) Subject: Public Safety, Transportation & Infrastructure
AB 1569 (Davies, R) Pupil safety: electric bicycle parking: safety program.
Current Text: 03/09/2026 - Amended HTML PDF
155
Status: 03/10/2026 - Re-referred to Com. on ED.
Location: 02/09/2026 - Assembly Education
Summary: Existing law authorizes the governing board of any school district having jurisdiction over elementary, intermediate, junior high, or high school to provide time and facilities to local law enforcement agency having jurisdiction over the school of the district for bicycle, scooter, electric bicycle, motorized bicycle, or motorized scooter safety instruction.
Existing law prohibits a person from driving or parking a vehicle or animal upon the driveways, paths, parking facilities, or grounds of specific public entities, including a public school or an educational institution exempted, in whole or in part, from taxation, except with the permission of, and subject to any condition or regulation that may be imposed by, the governing body of the specified public entity. Existing law authorizes a public agency to adopt rules or regulations to restrict, or specify the conditions for, the use of bicycles, motorized bicycles, electric bicycles, skateboards, electrically motorized boards, and roller skates on public property un der the jurisdiction of that agency. This bill would require each school district and county office of education that allows pupils in kindergarten or any of grades 1 to 12, inclusive, to park a class 1, 2, or 3 electric bicycle, as defined, on campus to require pupils to complete the electric bicycle safety and training program developed by the Department of the California Highway Patrol, as provided, or a related safety course, as specified, as a condition for parking on campus. (Based on 03/09/2026 text)
Priority: (4) Standard
Subject: Public Safety, Transportation & Infrastructure
AB 1599 (Ahrens, D) Public transit: California Transit Stop Registry: transit datasets.
Current Text: 01/16/2026 - Introduced HTML PDF
Status: 02/02/2026 - Referred to Com. on TRANS.
Location: 02/02/2026 - Assembly Transportation
Summary: Would require the Department of Transportation to create, on or before December 31, 2026, the California Transit Stop Registry as a centralized, statewide dataset of standardized information regarding transit stops that includes, but is not limited to, each transit stop’s name, location, available amenities, and unique identifier, as specified. (Based on 01/16/2026 text)
Subject: Transportation & Infrastructure
AB 1783 (DeMaio, R) Additional local taxes: vehicle miles traveled tax.
Current Text: 02/09/2026 - Introduced HTML PDF
Status: 02/10/2026 - From printer. May be heard in committee March 12.
Location: 02/09/2026 - Assembly PRINT
Summary: Current law authorizes the legislative body of a city or county to impose various taxes, including occupancy taxes and sales and use taxes. Existing law also prohibits a city and county form imposing certain taxes, such as a tax upon income. This bill would prohibit a city, county, or any political subdivision thereof from imposing a tax, fee, assessment, or charge, that is calculated, in whole or in part, based on the number of miles traveled by a motor vehicle. The bill would not prohibit the collection of tolls for the use of specific facilities, as provided. The bill would provide that any existing program, pilot program, regulation, or 156
administrative action inconsistent with this prohibition is void and unenforceable. (Based on 02/09/2026 text)
Priority: (5) Track/Watch
Subject: Municipal Funding and Procurement, Transportation & Infrastructure
AB 2033 (Papan, D) Local Agency Public Construction Act: job order contracting.
Current Text: 02/17/2026 - Introduced HTML PDF
Status: 03/02/2026 - Referred to Com. on L. GOV.
Location: 03/02/2026 - Assembly Local Government
Summary: The Local Agency Public Construction Act sets forth procedures that a local agency is required to follow when procuring certain services or work. Existing law authorizes certain local agencies to engage in job order contracting, as prescribed. This bill would authorize the city council to award individual annual job order contracts, not to ex ceed $500,000, as specified, for repair, remodeling, or other repetitive work to be done according to unit prices. The bill would prohibit, among other things, annual contracts from being awarded for any new construction. The bill would require the contracts to be awarded to the lowest responsible bidder and be based on plans and specifications for typical work. (Based on 02/17/2026 text)
Position: Support
Priority: (4) Standard
Subject: Municipal Funding and Procurement, Transportation & Infrastructure
SB 73 (Cervantes, D) Elections: inspection of voting systems.
Current Text: 01/05/2026 - Amended HTML PDF
Status: 01/27/2026 - Read third time. Urgency clause adopted. Passed. (Ayes 30. Noes 10.) Ordered to the Assembly. In Assembly. Read first time. Held at Desk.
Location: 01/27/2026 - Assembly DESK
Summary: Current law requires the elections official of any county or city using a voting system to inspect the machines or devices at least once every 2 years. This bill would prohibit the elections official from permitting a federal government agency or its employees to inspect a voting system machine or device, unless authorized by a federal court order. To the extent this bill would establish new procedures for the conduct of elections, it would create a state - mandated local program. (Based on 01/05/2026 text)
Priority: (3) Significant
Subject: Planning, Land Use, Housing, Transportation & Infrastructure
SB 74 (Seyarto, R) Office of Land Use and Climate Innovation: Infrastructure Gap-Fund Program.
Current Text: 04/07/2025 - Amended HTML PDF
Status: 08/28/2025 - Failed Deadline pursuant to Rule 61(a)(11). (Last location was APPR.
SUSPENSE FILE on 7/2/2025)(May be acted upon Jan 2026)
Location: 08/28/2025 - Assembly 2 YEAR
Summary: Current law establishes the Office of Land Use and Climate Innovation in the Governor’s office for the purpose of serving the Governor and the Governor’s cabinet as staff 157
for long-range planning and research and constituting the comprehensive state planning agency. Current law authorizes a local agency to finance infrastructure projects through various means, including by authorizing a city or county to establish an enhanced infrastructure financing district to finance public capital facilities or other specified projects of communitywide significance that provide significant benefits to the district or the surrounding community. This bill would require the office, upon appropriation by the Legislature, to establish the Infrastructure Gap-Fund Program to provide grants to local agencies for the development and construction of infrastructure projects, as defined, facing unforeseen costs after starting construction. The bill would authorize the office to provide funding for up to 20% of a project’s additional projected cost, as defined, after the project has started construction, subj ect to specified conditions, including, among other things, that the local agency has allocated existing local tax revenue for at least 45% of the initially budgeted total cost of the infrastructure project.
When applying to the program, the bill would require the local agency to demonstrate challenges with completing the project on time and on budget and how the infrastructure project helps meet state and local goals, as specified. (Based on 04/07/2025 text) Position: Support
Priority: (3) Significant
Subject: Transportation & Infrastructure
Misc2: League of Cities Sponsored
SB 473 (Padilla, D) Water corporations: demand elasticity: rates and surcharges.
Current Text: 04/10/2025 - Amended HTML PDF
Status: 08/28/2025 - Failed Deadline pursuant to Rule 61(a)(11). (Last location was APPR.
SUSPENSE FILE on 8/20/2025)(May be acted upon Jan 2026)
Location: 08/28/2025 - Assembly 2 YEAR
Summary: The California Constitution and the Public Utilities Act vest the Public Utilities Commission with regulatory authority over electrical corporations and water corporations. The act requires the commission to ensure that errors in estimates of demand elasticity or sales do not result in material overcollections or undercollections of electrical corporations. This bill would additionally require the commission to ensure that those errors do not result in material overcollections or undercollections of water corporations. (Based on 04/10/2025 text) Priority: (5) Track/Watch
Subject: Transportation & Infrastructure
SB 569 (Blakespear, D) Department of Transportation: homeless encampments.
Current Text: 04/21/2025 - Amended HTML PDF
Status: 07/17/2025 - Failed Deadline pursuant to Rule 61(a)(10). (Last location was TRANS. on 6/16/2025)(May be acted upon Jan 2026)
Location: 07/17/2025 - Assembly 2 YEAR
Summary: Current law authorizes the Department of Transportation to establish maintenance programs related to highway cleanup, as specified. This bill would require the department to establish a dedicated liaison to, among other things, facilitate communication with local governments and relevant state agencies with regard to addressing homeless encampments within the state highway system and to oversee the development and implementation of delegated maintenance agreements between local agencies and the department in which both work together to reduce and remove homeless encampments within the department’s jurisdiction. The bill would authorize the department to grant a single general entry permit for the duration of a delegated maintenance agreement to conduct activities authorized by the bill.
The bill would require the department to submit an annual report to the Legislature 158
summarizing specified information and recommendations regarding homeless encampments. (Based on 04/21/2025 text)
Position: Support
Priority: (4) Standard
Subject: Public Safety, Transportation & Infrastructure Misc2: League of Cities Sponsored
SB 922 (Laird, D) Vehicles: local agency charges: use of streets or highways.
Current Text: 03/11/2026 - Amended HTML PDF
Status: 03/11/2026 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. GOV.
Location: 02/11/2026 - Senate Local Government
Summary: Existing law prohibits a local agency from imposing a tax, permit fee, or other charge for the privilege of using its streets or highways, other than a permit fee for an extralegal load unless the local agency had imposed the fee prior to June 1, 1989. This bill would expressly limit this prohibition to charges based on weight. The bill would also explicitly state that a fee, charge, or surcharge imposed by or for a local agency to recover the cost of street maintenance and repair and other costs associated with the use of its streets, roads, or highways to provide public services or public works is not a tax, permit fee, or other charge that is prohibited by the provision above. (Based on 03/11/2026 text) Position: Support
Priority: (3) Significant
Subject: Municipal Funding and Procurement, Transportation & Infrastructure
Trash, Recycling, Water, Resources
AB 35 (Alvarez, D) Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024: Administrative Procedure Act: exemption: program guidelines and selection criteria.
Current Text: 01/14/2026 - Amended HTML PDF
Status: 01/27/2026 - In Senate. Read first time. To Com. on RLS. for assignment.
Location: 01/27/2026 - Senate Rules
Summary: The Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024, approved by the voters as Proposition 4 at the November 5, 2024, statewide general election, authorized the issuance of bonds in the amount of $10,000,000,000 pursuant to the State General Obligation Bond Law to finance projects for safe drinking water, drought, flood, and water resilience, wildfire and forest resilience, coastal resilience, extreme heat mitigation, biodiversity and nature-based climate solutions, climate-smart, sustainable, and resilient farms, ranches, and working lands, park creation and outdoor access, and clean air programs. Current law authorizes certain regulations needed to effectuate or implement programs of the act to be adopted as emergency regulations in accordance with the Administrative Procedure Act, as provided. Current law requires the emergency regulations to be filed with the Office of Administrative Law and requires the emergency regulations to remain in effect until repealed or amended by the adopting state agency. This bill, notwithstanding the above, would exempt the adoption of regulations needed to effectuate or implement programs of the act from the requirements of the Administrative Procedure Act, as provided. The bill would require a state entity that receives funding to administer a competitive grant program established using the Administrative Procedure Act exemption to do certain things, including 159
develop draft project solicitation and evaluation guidelines and to submit those guidelines to the Secretary of the Natural Resources Agency, except as provided. The bill would require the Secretary of the Natural Resources Agency to post an electronic form of the guidelines submitted by a state entity and the subsequent verifications on the Natural Resources Agency’s internet website. (Based on 01/14/2026 text)
Position: Support
Priority: (3) Significant
Subject: Trash, Recycling, Water, Resources
AB 532 (Ransom, D) Water rate assistance program.
Current Text: 07/17/2025 - Amended HTML PDF
Status: 08/29/2025 - Failed Deadline pursuant to Rule 61(a)(11). (Last location was APPR.
SUSPENSE FILE on 8/18/2025)(May be acted upon Jan 2026)
Location: 08/29/2025 - Senate 2 YEAR
Summary: Current federal law, the Consolidated Appropriations Act, 2021 requires the federal Department of Health and Human Services to carry out a Low-Income Household Drinking Water and Wastewater Emergency Assistance Program, which is also known as the Low Income Household Water Assistance Program, for making grants to states and Indian tribes to assist low-income households that pay a high proportion of household income for drinking water and wastewater services, as provided. Current law requires the Department of Community Services and Development to administer the Low Income Household Water Assistance Program in this state, and to receive and expend moneys appropriated and allocated to the state for purposes of that program, pursuant to the above-described federal law. The Low Income Household Water Assistance Program was only operative until March 31, 2024. This bill would repeal the above-described requirements related to the Low Income Household Water Assistance Program. (Based on 07/17/2025 text) Priority: (4) Standard
Subject: Municipal Funding and Procurement, Trash, Recycling, Water, Resources
AB 762 (Irwin, D) Disposable, battery-embedded vapor inhalation device: prohibition.
Current Text: 01/26/2026 - Amended HTML PDF
Status: 01/29/2026 - Read third time. Passed. Ordered to the Senate. (Ayes 50. Noes 17.) In Senate. Read first time. To Com. on RLS. for assignment.
Location: 01/29/2026 - Senate Rules
Summary: Current law regulates the manufacture, sale, and disposal of various si ngle-use products, including single-use foodware accessories and condiments and single-use carryout bags. Current law prohibits a store from, among other things, providing, distributing, or selling a carryout bag at the point of sale, except as specified. This bill would prohibit, beginning January 1, 2027, a person from importing or manufacturing for sale in this state a new or refurbished disposable, battery-embedded vapor inhalation device, and, beginning January 1, 2028, a person from selling, distributing, or offering for sale a new or refurbished disposable, battery-embedded vapor inhalation device in this state. The bill would define a “disposable, battery-embedded vapor inhalation device” to mean a vaporization device that contains nicotine but not cannabis or a cannabis product, as defined, and that is not designed or intended to be reused, as specified. (Based on 01/26/2026 text) Subject: Trash, Recycling, Water, Resources
AB 1617 (Alanis, R) Household hazardous waste: reporting. 160
Current Text: 01/21/2026 - Introduced HTML PDF
Status: 03/11/2026 - From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (March 10). Re-referred to Com. on APPR.
Location: 03/10/2026 - Assembly Appropriations
Summary: Current regulations require each public agency that is responsible for household hazardous waste management to complete and submit a “Form 303 Household Hazardous Waste Collection Report” (Form 303) electronically to the Department of Resources Recycling and Recovery each year. Current regulations require the reporting timeframe to be July 1 of the previous fiscal year through June 30 of that fiscal year, with the information required to be submitted to the state by October 1 of the following fiscal year. Current law requires a public agency, or its contractor, operating a household hazardous waste collection facility to, on or before October 1 of each year, submit a copy of the completed Form 303 to the officer or agency authorized to implement and enforce specified hazardous materials laws. This bill would require that Form 303 to instead report information for the prior calendar year. (Based on 01/21/2026 text)
Priority: (5) Track/Watch
Subject: Trash, Recycling, Water, Resources
AB 2125 (Bennett, D) Groundwater basin adjudication: notice.
Current Text: 02/18/2026 - Introduced HTML PDF
Status: 03/09/2026 - Referred to Com. on JUD.
Location: 03/09/2026 - Assembly Judiciary
Summary: Current law requires a plaintiff who files an action to comprehensively determine rights to extract groundwater from a basin to provide the court a draft notice of commencement of groundwater basin adjudication and a draft form answer to adjudication complaint, as specified. Current law also requires a plaintiff to file, within a specified timeframe, a motion for approval of the draft notice and draft form answer. Under current law, once the court approves the draft notice, the plaintiff is required to serve the notice, as specified. Following a court order approving both the notice and draft form answer and authorizing service thereof, current law requires the plaintiff to take additional steps to provide notice to defendants in cluding, but not limited to, mailing, by registered mail or certified mail, return receipt requested, the notice, complaint, and form answer to all holders of fee title to real property in the basin. Under current law, if a return receipt is not received for a parcel of real property, the plaintiff must post a copy of the notice, complaint, and form answer in a conspicuous place on the real property. After completing these notice procedures, existing law requires the plaintiff to file a notice of completion of the mailing with the court. This bill would impose additional requirements on a plaintiff when filing the notice of completion of mailing. The bill would require the plaintiff to include with the notice of completion an affidavit of the person who mailed the notice and the certified or registered mail delivery receipt for each parcel showing the date, time, and place of mailing. (Based on 02/18/2026 text)
Priority: (4) Standard
Subject: Trash, Recycling, Water, Resources
AB 2132 (Macedo, R) California Environmental Quality Act: exemption: groundwater recharge project.
Current Text: 02/18/2026 - Introduced HTML PDF
Status: 03/09/2026 - Referred to Coms. on NAT. RES. and W., P., & W. 161
Location: 03/09/2026 - Assembly Natural Resources
Summary: The California Environmental Quality Act (CEQA) requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. The Sustainable Groundwater Management Act requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources to be managed under a groundwater sustainability plan or coordinated groundwater plans, except as specified. Current law requires a groundwater sustainability plan to include various information relating to subsidence, as applicable. This bill would exempt from the requirements of CEQA a groundwater recharge project if the Secretary of the Natural Resources Agency determines the project would address subsidence. Because a lead agency would be required to determine whether a project qualifies for this exemption, the bill would impose a state-mandated local program. (Based on 02/18/2026 text)
Priority: (5) Track/Watch
Subject: Trash, Recycling, Water, Resources
SB 72 (Caballero, D) The California Water Plan: long-term supply targets.
Current Text: 10/01/2025 - Chaptered HTML PDF
Status: 10/01/2025 - Chaptered by Secretary of State - Chapter 210, Statutes of 2025
Location: 10/01/2025 - Senate CHAPTERED
Summary: Current law requires the Department of Water Resources to update every 5 years the plan for the orderly and coordinated control, protection, conservation, development, and use of the water resources of the state, which is known as “The California Water Plan.” Current law requires the department to include a discussion of various strategies in the plan update, including, but not limited to, strategies relating to the development of new water storage facilities, water conservation, water recycling, desalination, conjunctive use, and water transfers, that may be pursued in order to meet the future needs of the state. Current law requires the department to establish an advisory committee to assist the department in updating the plan. This bill would revise and recast certain provisions regarding The California Water Plan to, among other things, require the department to expand the membership o f the advisory committee to include, among others, tribes, labor, and environmental justice interests.
The bill would require the department, as part of the 2033 update to the plan, to update the interim planning target for 2050, as provided. The bill would require the target to consider the identified and future water needs for all beneficial uses, including, but not limited to, urban uses, agricultural uses, tribal uses, and the environment, and ensure safe drinking water for all Californians, among other things. The bill would require the plan to include specified components, including a discussion of the estimated costs, benefits, and impacts of any project type or action that is recommended by the department within the plan that could help achieve the water supply targets. (Based on 10/01/2025 text)
Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing, Trash, Recycling, Water, Resources
SB 454 (McNerney, D) State Water Resources Control Board: PFAS Mitigation Program.
Current Text: 10/01/2025 - Vetoed HTML PDF
Status: 03/02/2026 - Stricken from file. Veto sustained. 162
Location: 10/01/2025 - Senate VETOED
Summary: Current law designates the State Water Resources Control Board as the agency responsible for administering specific programs related to drinking water, including, among others, the California Safe Drinking Water Act and the Emerging Contamina nts for Small or Disadvantaged Communities Funding Program. This bill, which would become operative upon an appropriation by the Legislature, would enact a perfluoroalkyl and polyfluoroalkyl substances (PFAS) mitigation program. As part of that program, the bill would create the PFAS Mitigation Fund in the State Treasury and would authorize certain moneys in the fund to be expended by the state board, upon appropriation by the Legislature, for specified purposes.
The bill would authorize the state board to seek out nonstate, federal, and private funds designated for PFAS remediation and treatment and deposit the funds into the PFAS Mitigation Fund. The bill would continuously appropriate these funds to the state board for specified purposes. The bill would authorize the state board to establish accounts within the PFAS Mitigation Fund. The bill would authorize the state board to expend moneys from the fund in the form of a grant, loan, or contract, or to provide assistance services to water suppliers and sewer system providers, as those terms are defined, for multiple purposes, including, among other things, to cover or reduce the costs for water suppliers associated with treating drinking water to meet the applicable state and federal maximum PFAS contaminant levels. (Based on 09/12/2025 text)
Position: Support
Priority: (4) Standard
Subject: Trash, Recycling, Water, Resources
Misc2: League of Cities Sponsored
SB 501 (Allen, D) Responsible Battery Recycling Act of 2022: covered batteries.
Current Text: 01/14/2026 - Amended HTML PDF
Status: 01/27/2026 - Read third time. Passed. (Ayes 30. Noes 10.) Ordered to the Assembly.
In Assembly. Read first time. Held at Desk.
Location: 01/27/2026 - Assembly DESK
Summary: The Responsible Battery Recycling Act of 2022 establishes a stewardship program, administered by the Department of Resources Recycling and Recovery, with the Department of Toxic Substances Control, as provided, for the collection, transportation, and recycling, and the safe and proper management, of covered batteries in the state in an economically efficient and practical manner. The battery recycling act defines a “co vered battery” to mean a device consisting of one or more electrically connected electrochemical cells designed to receive, store, and deliver electric energy. Current law defines a “covered battery” to include a loose battery that is designed to be easily removed from a product by the user of the product with no more than common household tools. Current law excludes from the definition of a covered battery a primary battery weighing over 2 kilograms. Current law defines a “primary battery” for this purpose to mean a nonrechargeable battery, including, but not limited to, alkaline, carbon-zinc, and lithium metal batteries. Current law also excludes from the definition of a covered battery a rechargeable battery weighing over 5 kilograms and having a watthour rating of more than 300 watthours. This bill would revise the description of a loose battery, for purposes of the definition of a covered battery, by providing that a key, application, or other locking device provided to the consumer by the producer of the product or battery that is warranted by the producer of the product or battery to serve solely to prevent theft of the battery or tampering by persons other than the consumer and not to inhibit the consumer’s ability to remove, replace, or recycle the battery would not prevent a battery from being considered designed to be easily removed from a product by the user of the product with no more than common household tools. The bill would remove the exclusions from the definition of a covered battery for a primary battery and a rechargeable battery, described above. The bill 163
would categorize all covered batteries as either a small format battery or a medium format battery. (Based on 01/14/2026 text)
Priority: (5) Track/Watch
Subject: Trash, Recycling, Water, Resources
SB 1081 (Laird, D) Waste discharge requirements: minimum penalties: exception: publicly owned treatment works.
Current Text: 02/13/2026 - Introduced HTML PDF
Status: 03/10/2026 - Set for hearing April 8.
Location: 02/26/2026 - Senate Environmental Quality
Summary: The State Water Resources Control Board and the 9 California regional water quality control boards regulate water quality and prescribe waste discharge requ irements in accordance with the Porter-Cologne Water Quality Control Act (act) and the national pollutant discharge elimination system permit program. The act requires mandatory minimum penalties to be assessed for serious violations, as defined, relating to waste discharge requirements, and for certain violations relating to waste discharge requirements and reports whenever there are 4 or more violations in a period of 6 consecutive months, except as provided. The act authorizes the state board or regional board, in lieu of assessing all or a portion of those mandatory minimum penalties against a publicly owned treatment works serving a small community, to instead require the publicly owned treatment works to spend an equivalent amount towards the completion of a compliance project proposed by the publicly owned treatment works if the state board or regional board make specified findings. The act defines “a publicly owned treatment works serving a small community” for these purposes to mean a publicly owned treatment works serving a population of 20,000 persons or fewer or a rural county, with a financial hardship as determined by the state board after consideration of specified factors. This bill would amend that definition to include serving a community of 3,000 residents or less as a factor in the state board’s determination of financial hardship. (Based on 02/13/2026 text)
Priority: (4) Standard
Subject: Trash, Recycling, Water, Resources
SB 1139 (Laird, D) Nonfunctional turf: noncompliance and enforcement.
Current Text: 02/18/2026 - Introduced HTML PDF
Status: 02/26/2026 - Referred to Com. on N.R. & W.
Location: 02/26/2026 - Senate Natural Resources and Water Summary: Current law prohibits the use of potable water for the irrigation of nonfunctional turf located on commercial, industrial, and institutional properties, other than a cemetery, and on properties of homeowners’ associations, common interest developments, and community service organizations or similar entities, as specified. Current law requires a person or entity to be subject to civil liability or penalties by the State Water Resources Control Board, as prescribed, or to civil liability and penalties imposed by an urban water supplier, pursuant to a locally adopted ordinance or policy. Current law authorizes a public water system, city, county, or city and county to enforce the provisions relating to the prohibition, as specified. This bill would require a person or entity to be subject to civil liability or penalties imposed by a special district with water conservation enforcement authority pursuant to a locally adopted ordinance or policy. (Based on 02/18/2026 text)
Priority: (5) Track/Watch
Subject: Trash, Recycling, Water, Resources
164
SB 1153 (Caballero, D) Disaster preparedness: urban retail water suppliers and public water systems: wildfire.
Current Text: 02/18/2026 - Introduced HTML PDF
Status: 03/04/2026 - Referred to Coms. on E.M. and N.R. & W.
Location: 03/04/2026 - Senate Emergency Management
Summary: The California Emergency Services Act requires all public water systems, as defined, with 10,000 or more service connections to review and revise their disaster preparedness plans in conjunction with related agencies, including, but not limited to, local fire departments and the Office of Emergency Services to ensure that the plans are sufficient to address possible disaster scenarios. A person, as defined, who violates the provisions of this act is guilty of a misdemeanor. This bill, beginning January 1, 2028, would require all urban retail water suppliers, as defined, serving a high or very high fire hazard severity zone to include incident-specified response procedures for wildfires as part of their disaster preparedness plans, including any applicable emergency response plan as required by federal law. The bill would require these plans to include mitigation actions, including actions, procedures, and equipment, that can obviate or significantly lessen the impact of a wildfire on the water system and the supply of drinking water provided by the water supplier. Because violation of these requirements by certain urban retail water suppliers would constitute a misdemeanor, the bill would expand the scope of a crime, thereby imposing a state -mandated local program. (Based on 02/18/2026 text)
Priority: (4) Standard
Subject: Public Safety, Trash, Recycling, Water, Resources
SB 1313 (McNerney, D) Public water systems: grants and loans: perfluoroalkyl and polyfluoroalkyl substances.
Current Text: 02/20/2026 - Introduced HTML PDF
Status: 03/04/2026 - Referred to Com. on E.Q.
Location: 03/04/2026 - Senate Environmental Quality
Summary: The California Safe Drinking Water Act provides for the operation of public water systems and imposes on the State Water Resources Control Board various duties and responsibilities for the regulation and control of drinking water in the state. This bill would authorize the state board to fund projects, upon the appropriation of funds by the Legislature, through grants or loans to public water systems to address perfluoroalkyl and polyfluoroalkyl substances in drinking water or source water. The bill would prescribe sources from which those funds may originate and permissible activities for those projects. The bill would authorize the state board to implement the bill through a policy handbook or workplan exempt from the rulemaking provisions of the Administrative Procedure Act. This bill contains other existing laws. (Based on 02/20/2026 text)
Position: Support
Priority: (4) Standard
Subject: Trash, Recycling, Water, Resources
Misc2: League of Cities Sponsored
Total Measures: 119
Total Tracking Forms: 119
165
EUNICE M. ULLOA KAREN COMSTOCK
Mayor CHRISTOPHER FLORES
MARC LUCIO
Council Members
CURTIS BURTON DR. LINDA REICH
Mayor Pro Tem City Manager
CITY of CHINO
13220 Central Avenue, Chino, California 91710
Mailing Address: P.O. Box 667, Chino, California 91708-0667 (909) 334-3250 • (909) 334-3720 Fax
Web Site: www.cityofchino.org
February 6, 2026
Ms. Lynna Monell, Clerk of the Board
San Bernardino County
385 N. Arrowhead Avenue
San Bernardino, CA 92415
Via email: [email protected]
RE: Request for Consideration by the City Selection Committee for Appointment as Alternate Member to LAFCO
Dear Ms. Monell and Members of the City Selection Committee, I am writing to express my interest in serving as the Alternate City Representative to the Local Agency Formation Commission (LAFCO) for San Bernardino County. As Mayor Pro Tem of the City of Chino, I have had the privilege of working closely on issues related to municipal governance, interagency collaboration, and strategic planning that align closely with LAFCO’s mission to oversee orderly growth and service delivery within the County. I have experience with LAFCO issues, having served on the Chino City Council during several Sphere of Influence annexations, and knowledge of the various special districts and the important roles they play in providing services.
My experience on the Chino City Council and various commissions and boards has provided me with valuable insight into local government operations, land -use planning, and regional service coordination. I am committed to fostering transparency, collaboration, and balanced decision-making that supports both the needs of individual communities and the broader interests of the county.
Serving on LAFCO as the Alternate City Representative would allow me to continue learning about the commission and the issues it addresses, and, as needed, contribute my expertise and dedication to ensuring that San Bernardino County continues to grow in an orderly, thoughtful, and sustainabl e manner. I am confident that my background and commitment to public service make me well -suited for this role.
166
Clerk of the Board
February 6, 2026
p.2
If appointed, I will work diligently to serve as a conduit of information between LAFCO and our cities and, in my capacity as Alternate, to represent the cities’ interests while upholding the broader goals of the Commission. I welcome the opportunity to expand my knowledge on the important issues brought to LAFCO for review.
Thank you for considering my application. I would be honored to represent the cities of San Bernardino County as LAFCO's Alternate member and look forward to the opportunity to serve in this role.
Sincerely,
Curtis Burton
Mayor Pro Tem
Attachment: Statement of Qualifications
167
EUNICE M. ULLOA KAREN COMSTOCK
Mayor CHRISTOPHER FLORES
MARC LUCIO
Council Members
CURTIS BURTON DR. LINDA REICH
Mayor Pro Tem City Manager
CITY of CHINO
13220 Central Avenue, Chino, California 91710
Mailing Address: P.O. Box 667, Chino, California 91708-0667 (909) 334-3250 • (909) 334-3720 Fax
Web Site: www.cityofchino.org
Curtis Burton
Mayor Pro Tem, City of Chino
[email protected]
909.334.3301
Statement of Qualifications to Serve as Alternate City Representative to LAFCO
I submit the following summary of my qualifications and request consideration of my appointment as the Alternate City Representative to the Local Agency Formation Commission (LAFCO) for San Bernardino County.
Having lived and worked in Chino for over 30 years, I am deeply committed to the continued growth and success of the City and the County. My extensive experience in public service and regional collaboration uniquely positions me to contribute effectively to LAFCO’s mission when called upon as the Alternate City Representative.
After retiring from the Chino Police Department in 2016, I continued to serve Chino and the broader community in various capacities, including as a member of the Planning Commission and now, as Mayor Pro Tem representing District 2.
In my current role, I serve on several committees and regional boards, including the Chino Basin Desalter Authority, the Water Facilities Authority, the Inland Empire Utilities Agency’s Regional Sewerage Program Committee, and the Animal Resource Center of the Inland Empire . These roles have provided me with a strong understanding of interagency coordination, jurisdictional issues , and regional resource management, which contribute to my knowledge base as a potential LAFCO alternate member. This experience has contributed to my understanding of the importance, complexities, and sensitivity of boundaries, the crucial roles of special districts, and the significance of the creation and changes of local government entities.
My service on the City Council is guided by a commitment to the efficient and effective delivery of public services that benefit and improve the lives of those we serve today while planning responsibly for the future. I believe these priorities align closely with LAFCO’s objectives of promoting orderly growth and efficient service delivery. I am confident that my background and dedication to regional collaboration will allow me to represent the cities of San Bernardino County well.
Thank you for considering my interest. I would be honored to serve as the Alternate represent ing our cities on LAFCO and welcome the opportunity to discuss my qualifications further at the upcoming City Selection Committee meeting.
168
EUNICE M. ULLOA KAREN COMSTOCK
Mayor CHRISTOPHER FLORES
MARC LUCIO
Council Members
CURTIS BURTON DR. LINDA REICH
Mayor Pro Tem City Manager
CITY of CHINO
13220 Central Avenue, Chino, California 91710
Mailing Address: P.O. Box 667, Chino, California 91708-0667 (909) 334-3250 • (909) 334-3720 Fax
Web Site: www.cityofchino.org
February 17, 2026
Board of Directors
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814
SUBJECT: OPPOSITION TO PROPOSED POLICY ON THE ALLOCATION OF BRADLEY-BURNS 1% SALES
TAX ON E-COMMERCE TRANSACTIONS
Dear Board Members,
On behalf of the City of Chino, I write to express our opposition to the City Manager Sales Tax Working Group’s proposal to alter the Bradley-Burns 1% sales tax allocation by implementing a 50/50 revenue split between point-of-sale and destination jurisdictions for e-commerce transactions.
In addition to undermining the incentive structure that encouraged cities to invest in infrastructure, commerce, and job creation, the proposal undermines the very values on which the League is built. It pits city against city, creating winners and losers on no less important an issue than the very lifeblood of our existence, our revenues. The League’s strength lies in its unified front against the attack on local control and chipping away at our revenues from various sources. For the League to take a position and engage in advocacy against the interests of a substantial portion of its members would call into question the organization's very mission – to expand and protect local control for cities. The proposed policy undermines local control and sets a dangerous precedent.
The proposal to alter the Bradley-Burns 1% sales tax allocation by implementing a 50/50 revenue split between point -of-sale and destination jurisdictions for e -commerce transactions ignores that t he existing rules governing sales tax revenues are part of a broader policy discussion about local government funding and have evolved over decades. Indeed, sales tax rules and guidelines are a direct reflection of how we treat property taxes in this state under Prop 13, as well as of the broader local government funding regime (Props 218 and 26, especially).
Any endeavor to change sales tax rules in a vacuum, when cities have customized their revenue streams under the existing rules, will create a distortion that is neither fair nor practical. Any retroactive change would undermine the very incentive structure that encouraged cities to invest in job creation, infrastructure, and commerce.
169
Board of Directors
League of California Cities
February 17, 2026
This proposed shift would penalize and severely undermine the fiscal stability of cities that have planned responsibly, invested strategically, and assumed the full burden of supporting the state’s logistics and e-commerce economy.
The City of Chino has successfully attracted logistics and distribution businesses that have brought jobs to the region and supported the Inland Empire’s e -commerce system. However, these benefits come with considerable costs to Chino and its residents, including traffic congestion, noise, truck travel and storage, road wear and tear, land-use compatibility, and traffic safety/enforcement.
The point-of-sale sales tax revenue generated by these centers has been a vital source of funding to help offset these burdens. The proposal also creates a structural imbalance: while point-of-sale cities continue to bear the full responsibility for the impacts of logistics operations, they would receive only half of the associated revenue, while destination cities, which bear none of the direct infrastructure or public safety costs, would receive an equal share of the sales tax. This is inequitable, unsustainable, and fundamentally undermines the integrity of California’s local revenue framework and CalCities’ commitment to maintaining local control.
Furthermore, the proposal would retroactively penalize cities that made long -term investments in economic development based on the existing tax structure. It disincentivizes future investment in large-scale commerce and erodes the trust between cities and the State.
We urge the CalCities Board to reject this proposal. It is NOT an equitable approach as it ignores the real costs borne by point-of-sale cities and undermines the fiscal viability of those communities that have supported California’s e-commerce economy.
Sincerely,
Linda Reich
City Manager
cc: Chino City Council
Laura Varela, League of California Cities IE/Desert Mountains Divisions ([email protected]) Ben Triffo, League of California Cities ([email protected]) 170
February 18, 2026 League of California Cities (CalCities) Board of Directors1400 K Street, Suite 400 Sacramento, CA 95814 Subject: Opposition to the Revenue and Taxation Policy Committee Recommendation Regarding Bradley-Burns E-Commerce Revenue Allocation Dear President Quinto, Executive Director Coleman, and Members of the Board: On behalf of the undersigned cities, we respectfully submit this correspondence in advance of the February 19–20, 2026, meeting of the League of California Cities Board of Directors regarding the Revenue and Taxation Policy Committee’s recommendation to amend Cal Cities’ policy position on the allocation of Bradley-Burns local sales and use tax revenues derived from e-commerce transactions. After careful review, we urge the Board to decline adoption of the Committee’s recommendation. The recommendation would fundamentally restructure the allocation methodology for Bradley-Burns revenues generated from e-commerce activity by mandating redistribution between origin and destination jurisdictions, subject to flexibility bands, volatility adjustments, phased implementation, and the reallocation of county pool use tax revenues. Although framed as an equity measure, the proposal represents a material alteration of a long-standing statutory framework upon which cities have relied for decades in making land use, infrastructure, public safety, and fiscal planning decisions. Cities that host logistics facilities, fulfillment centers, freight corridors, and distribution hubs have undertaken substantial and ongoing public investment in transportation infrastructure, roadway maintenance, traffic mitigation, environmental compliance, public safety deployment, and code enforcement. These obligations are measurable, recurring, and geographically concentrated. Bradley-Burns revenues associated with this activity serve as the principal general fund mechanism to offset the localized impacts generated by such uses. The proposed redistribution would shift revenue away from the jurisdictions that physically accommodate and regulate this activity while leaving intact the operational, environmental, and infrastructure burdens imposed upon them. This is not an incremental policy refinement; it is a structural reallocation of locally generated revenues that would create identifiable fiscal winners and losers among member cities. 171
The California Department of Tax and Fee Administration has further indicated that any allocation methodology must be applied uniformly to existing and future agreements and that current reporting systems do not distinguish between e-commerce and in-store transactions. These administrative and technical constraints raise substantial questions regarding feasibility, implementation accuracy, and unintended fiscal distortion. In addition, modification of the distribution formula implicates Section 25.5 of Article XIII of the California Constitution, which restricts legislative authority to alter the method of distributing Bradley-Burns revenues absent voter approval. The constitutional dimension of the recommendation warrants heightened scrutiny and caution. For several undersigned cities, projected impacts reflect significant multi-million-dollar annual revenue reductions and double-digit percentage decreases in general fund sales tax receipts attributable solely to e-commerce reallocation. Such losses would directly impair the ability to maintain service levels, preserve infrastructure, and meet long-standing fiscal obligations. Responsible municipal governance requires stable and predictable revenue structures. Retroactive alteration of the framework upon which cities relied undermines that stability. The League of California Cities has consistently advanced principles of local control, fiscal sustainability, and municipal unity. A policy that redistributes locally generated revenues from one city to another, or shifts revenues between levels of local government, departs from those principles and risks positioning member cities in opposition to one another. The League’s strength derives from collective advocacy on behalf of all cities, not intra-municipal revenue realignment. We respectfully recognize the fiduciary obligations of the Board under Article VII, Section 13 of the League’s bylaws, which require Directors to act in good faith, in the best interests of the League, and with the care an ordinarily prudent person would exercise under similar circumstances. Adoption of a recommendation that produces disproportionate fiscal harm to a defined subset of member cities, introduces significant legal and administrative uncertainty, and undermines long-standing municipal fiscal planning warrants careful consideration under that standard. For the foregoing reasons, we respectfully request that the Board decline adoption of the Revenue and Taxation Policy Committee’s recommendation. Preserving local control requires adherence to the statutory framework under which cities planned, invested, and assumed long-term service obligations. Stability in municipal finance is foundational to good governance. We urge the Board to act in a manner that upholds that principle and maintains the unity and institutional integrity of the League. Signature Page To Follow 172
Respectfully submitted,, City Manager, City of Moreno Valley, Interim City Manager, City of Beaumont, City Manager, City of Carson, City Manager, City of Chino, City Manager, City of Eastvale, City Manager, City of Fresno, City Manager, City of Industry, City Manager, City of La Mirada, City Manager, City of Lathrop, City Manager, City of OntarioSignature Page Continued 173
, City Manager, City of Patterson, City Manager, City of Perris, City Manager, City of Rialto, City Manager, City of Salinas, City Manager, City of Sand City, City Manager, City of Shafter, City Manager, City of Stockton, City Manager, City of Tracy, City Administrator, City of Vernon, City Manager, City of West Hollywood, City Manager, City of El Centro, City Manager, City of Fontana 174
MEMORANDUM
CITY OF CHINO
FINANCE DEPARTMENT
CITY COUNCIL MEETING DATE: MARCH 24, 2026
TO: LINDA REICH, CITY MANAGER
FROM: KIM SAO, DIRECTOR OF FINANCE
SUBJECT
..titl e
Ordinance No. 2026-002 Second Reading – CFD 2026-1 (Second Reading). ..end
RECOMMENDATION
Adoption of Ordinance No. 202 6-002 on second reading, authorizing the levy of special taxes within Community Facilities District No. 20 26-1 (The Meadows) and Improvement Area 1-3 Therein.
..body
FISCAL IMPACT
There is no fiscal impact.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
Positive City Image
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. 175
CITY COUNCIL MEETING DATE: MARCH 24, 2026
TITLE: ORDINANCE NO. 2026-002 SECOND READING - CFD 2026-1 (SECOND READING).
PAGE: 2
BACKGROUND
This matter was introduced on first reading by the Council at their March 3, 2026 meeting. By the passage of this Ordinance, the City Council authorizes the levy of special taxes within the Community Facilities District 2026-1 at the maximum rates and in accordance with the rates and method of apportionment set forth in Exhibits C-1 through C-4 to Resolution No. 2026-006.
Once adopted on second reading, the ordinance will go into effect thirty (30) days thereafter.
ISSUES/ANALYSIS
Ordinance No. 2026-002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, ACTING
IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2026-1 (THE MEADOWS) OF THE CITY OF CHINO AUTHORIZING THE LEVY OF
SPECIAL TAXES WITHIN THE COMMUNITY FACILITIES DISTRICT AND IMPROVEMENT AREA NOS. 1 THROUGH 3 THEREIN
Attachment: Ordinance No. 2026-002
176
ORDINANCE NO. 2026-002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 2026-1 (THE
MEADOWS) OF THE CITY OF CHINO AUTHORIZING THE LEVY OF
SPECIAL TAXES WITHIN THE COMMUNITY FACILITIES DISTRICT
AND IMPROVEMENT AREA NOS. 1 THROUGH 3 THEREIN
WHEREAS, on January 20, 2026, the City Council (the “City Council”) of the City of Chino (the “City”) adopted Resolution No. 2026-006 declaring its intention to form Community Facilities District No. 2026-1 (The Meadows) of the City of Chino (the “Community Facilities District”) and to designate each of Improvement Areas Nos. 1 through 3 within the Community Facilities District (each an “Improvement Area,” and, collect ively, the “Improvement Areas”) therein and incur bonded indebtedness in an aggregate principal amount not to exceed $32,000,000, consisting of not to exceed bonded indebtedness of $17,000,000 within Improvement Area No. 1, $6,500,000 within Improvement Area No. 2, $ 8,500,000 within Improvement Area No. 3, all pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”), and ad opted Resolution No. 2026-007 declaring its intention to incur bonded indebtedness of the Community Facilities District; and
WHEREAS, on March 3, 2026 , after providing all notice required by the Act, the City Council opened a public hearing required by the Act relative to the formation of the Community Facilities District and Improvement Area Nos. 1 through 3 therein , the proposed levy of special taxes within the Community Facilities District to finance certain public improve ments, services and incidental expenses described in Resolution No. 2026-006, and to incur bonded indebtedness with respect to each Improvement Area; and WHEREAS, at the public hearing, all persons desiring to be heard on all matters pertaining to the form ation of the Community Facilities District and Improvement Area Nos. 1 through 3 therein, the proposed levy of the special taxes within the Community Facilities District to finance the public improvements, services and incidental expenses described in Resolution No. 2026-006 and the proposed issuanc e of bonded indebtedness of the Community Facilities District with respect to each Improvement area were heard and a full and fair hearing was held; and WHEREAS, on March 3, 2026, following the close of the public hearing, the City Council adopted a resolution establishing the Community Facilities District and Improvement Area Nos. 1 through 3 therein (the “Resolution of Formation”) and a resolution determining the necessity to incur bonded indebtedness of the Community Facilities District (the “Resolution to Incur Bonded Indebtedness”) each of which called a consolidated special election on March 3, 2026 within each Improvement Area on three propositions relating to the levying of special tax es, the incurring of bonded indebtedness and the establishment of an appropriations limit for the Community Facilities District; and
WHEREAS, on March 3, 2026, a special election was held within each Improvement Area at which the qualified electors with respect to each Improvement Area approved by more than a two-thirds vote Propositions A, B and C authorizing the levy of special tax es within each Improvement Area for the purposes described in the Resolution of Intention and the issuance of 177
2 bonded indebtedness by the Community Facilities District on behalf of each Improvement Area as described in the Resolution to Incur Bonded Indebtedness.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO , CALIFORNIA,
ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2026-1 (THE MEADOWS) OF THE CITY OF CHINO, ORDAINS AS FOLLOWS:
Section 1. The above recitals are all true and correct.
Section 2. By the passage of this Ordinance, the City Council authorizes the levy of special taxes within each Improvement Area at the maximum rates and in accordance with the rates and method s of apportionment set forth in Exhibits C-1 through C -4 to the Resolution No. 2026-006, which rates and methods of apportionment are incorporated by reference herein (the “Rates and Methods”).
Section 3. The Director of Finance of the City is hereby further authorized and directed each fiscal year, on or before August 10 of each year, or such later date as is permitted by law, to determine the specific special tax rates and amounts to be levied for the next ensuing fiscal year for each parcel of real property each Improvement Area pursuant to the Rates and Methods.
The special tax rate s to be levied pursuant to the Rates and Methods shall not exceed the applicable maximum rates set forth therein, but the special taxes may be levied at a lower rate.
Section 4. Properties or entities of the state, federal or other local governments shall be exempt from the special taxes, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act, the Rates and Methods and the boundary map for the Community Facilities District. No other properties or entities are exempt from the special taxes unless the properties or entities are expressly exempted in the Resolution of Formation, or in a resolution of consideration to levy a new special tax or special taxes or to alter the Rate s or Methods of an existing special tax as provided in Section 53334 of the Act.
Section 5. All of the collections of the special taxes pursuant to the Rates and Methods shall be used as provided for in the Act and the Resolution of Formation. The special taxes shall be levied within each Improvement Area only so long as needed for the purposes described i n the Resolution of Formation.
Section 6. The special taxes levied pursuant to the Rates and Methods shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedur e, sale and lien priority in case of delinquency as is provided for ad valorem taxes (which such procedures include the exercise of all rights and remedies permitted by law to make corrections, including, but not limited to, the issuance of amended or supplemental tax bills), as such procedure may be modified by law or by this City Council from time to time.
Section 7. As a cumulative remedy, if any amount levied as a special tax for payment of the interest or principal of any bonded indebtedness of the Community Facilities District, together with any penalties and other charges accruing under this Ordinance, are not paid when due, the City Council may, not later than four years after the due date of the last installment of principal on the applicable Bonds, order that the same be collected by an action brought in the superior court to foreclose the lien of such special tax.
178
3 Section 8. This Ordinance relating to the levy of the special tax es within the Community Facilities District shall take effect 30 days following its final passage, and the specific authorization for adoption is pursuant to the provisions of Section 53340 of the Act.
Section 9. The City Clerk is hereby authorized to perform all acts which are required by the Act, this Ordinance or by law in order to accomplish the purpose of this Ordinance.
APPROVED, SIGNED, AND ADOPTED ON THIS 24TH DAY OF MARCH, 2026.
CITY COUNCIL OF THE CITY OF CHINO
By:__________________________________
Eunice M. Ulloa,
Mayor of the City of Chino
ATTEST:
________________________________
Natalie Gonzaga
City Clerk of the City of Chino
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )ss.
CITY OF CHINO )
I, NATALIE GONZAGA, City Clerk of the City of Chino, do hereby certify that the foregoing Ordinance was duly adopted by the City Council of the City of Chino at a special meeting held on the 24 day of March, 2026, by the following votes:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
NATALIE GONZAGA, CITY CLERK
179
MEMORANDUM
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
CITY COUNCIL MEETING DATE: MARCH 24, 2026
TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS
SUBJECT
..titl e
Majestic Chino Flight, LLC – Vesting Parcel Map. No. 20561 , Subdivision Improvement Agreement and Development Impact Fee Construction Credit/Reimbursement Agreement. ..end
RECOMMENDATION
1) Approve Vesting Parcel Map No. 20561; 2) approve the Subdivision Improvement Agreement with Majestic Chino Flight, LLC, a Delaware limited liability company; 3) a pprove the Development Impact Fee Construction Credit/Reimbursement Agreement with Majestic Chino Flight, LLC a Delaware limited liability company for the construction of master -planned facilities associated with Vesting Parcel Map No. 20561; and 4) authorize the City Manager to execute all necessary documents on behalf of the City.
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FISCAL IMPACT
Credits issued to the developer will be deducted from the actual eligible project costs once the final cost accounting has been reviewed and approved by the City Engineer and Public Works team. Upon the final acceptance of the public improvements by the City Council, staff will continue to monitor the fund balance in the appropriate Development Impact Fee Fund and begin making progress payments to the developer until the t erms of the agreement are fulfilled.
Each progress payment will require an appropriation of funds and therefore, each payment will be brought back to the City Council for approval.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
Positive City Image
Responsible Long-Range Planning
Revenue: Click or tap here to enter text.
Expenditure:
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 180
CITY COUNCIL MEETING DATE: MARCH 24, 2026
TITLE: MAJESTIC CHINO FLIGHT, LLC - VESTING PARCEL MAP. NO. 20561, SUBDIVISION
IMPROVEMENT AGREEMENT AND DEVELOPMENT IMPACT FEE CONSTRUCTION CREDIT/REIMBURSEMENT AGREEMENT.
PAGE: 2
BACKGROUND
Majestic Chino Flight, LLC (“Developer”) has a long -term lease with the County of San Bernardino (“County”) to develop property located adjacent to the Chino Airport at the southeast corner of Flight and Remington Avenues (Exhibit A). The project site is located within a larger master-planned industrial development.
On March 20, 2023, the Planning Com mission approved the Developer’s applications for Site Approval, Special Conditional Use Permit, and Vesting Tentative Parcel Map No. 20561 to subdivide 56.95 acres of land into three parcels ranging in size from 3.74 acres to 46 acres.
Parcel 1 is proposed to be developed with a 925,362-square-foot industrial building with loading doors facing Remington Avenue, while Parcels 2 and 3 fall within the Chino Airport Runway Protection Zone and will remain undeveloped. These two parcels will be graded and landscaped.
The applicant subsequently requested a time extension for Vesting Tentative Parcel Map No. 20561. On March 18, 2026, the Planning Commission approved the extension, allowing additional time for completion of the final map and associated agreements re lated to the Chino Flight project.
The Engineering Conditions of Approval (COA) for this development requires public improvements including, but not limited to curb, gutter, sidewalk, streetlights, asphalt concrete pavement, landscape, traffic signal modif ication, sewer, water, and drainage improvements on Flight and Remington Avenues. To guarantee the completion of these public improvements, the Developer is required to enter into a Subdivision Improvement Agreement (SIA) (Exhibit B) and obtain the necessa ry securities for the improvements. All required improvements shall be constructed at the sole cost and expense of the Developer.
Additionally, certain required public improvements are master -planned facilities identified in the City’s Preserve Development Impact Fee (“DIF”) program. The DIF Ordinance provides that when, as a condition of approval for a development project, a developer constructs a public facility identified in the DIF Nexus and Calculation Report, the developer may be eligible to receive r eimbursement and/or fee credits toward the applicable DIFs imposed on the development project. Accordingly, a Construction Credit and Reimbursement Agreement is required.
ISSUES/ANALYSIS
The requirements established at the time of tentative map approval will be satisfied through execution of the SIA for Vesting Parcel Map No. 20561, along with the posting of the required securities to guarantee completion of the public improvements.
Upon final acceptance of the public improvements, the Developer will sub mit supporting documentation to the City. The City Engineer and Public Works Team will review the final accepted “as -built” plans, specifications, and supporting documentation to determine which costs are eligible for DIF credit and/or reimbursement in acc ordance with the terms of the DIF Construction Credit and Reimbursement Agreement (Exhibit C). Once the final cost accounting is approved, staff will return to the City Council to request appropriation of funds necessary for progress payments and to apply the approved DIF credits issued to the Developer for Vesting Parcel Map No. 20561 until all obligations under the agreement have been fulfilled.
Attachments: Exhibit A - Location Map
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CITY COUNCIL MEETING DATE: MARCH 24, 2026
TITLE: MAJESTIC CHINO FLIGHT, LLC - VESTING PARCEL MAP. NO. 20561, SUBDIVISION
IMPROVEMENT AGREEMENT AND DEVELOPMENT IMPACT FEE CONSTRUCTION CREDIT/REIMBURSEMENT AGREEMENT.
PAGE: 3
Exhibit B – Subdivision Improvement Agreement (SIA)
Exhibit C - Construction Credit & Reimbursement Agreement
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SUBDIVISION IMPROVEMENT AGREEMENT
by and between
CITY OF CHINO
and
MAJESTIC CHINO FLIGHT, LLC
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01225.0006/366470.2
SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN
THE CITY OF CHINO
AND
MAJESTIC CHINO FLIGHT, LLC
Agreement Date: March 24,2026
Subdivider Name: Majestic Chino Flight, LLC, a Delaware limited liability company Subdivision Description : Subdivider has a long-term ground lease with San Bernardino County (“Owner”) to develop the property located adjacent to the Chino Airport at the southeast corner of Flight and Remington Avenues. The Project site is located within a larger master planned industrial development. On March 20, 2023, the Planning Commission approved the Subdivider’sapplications for Site Approval, Special Conditional Use Permit, and Vesting Tentative Parcel Map No. 20561 to subdivide approximately 56.95 acres of land into three parcels ranging in size from approximately 3.74 acres to approximately 46 acres. Parcel 1 is proposed to be developed with a 925,362 square foot industrial building with loading doors facing Remington Avenue while Parcels 2 and 3, fall within the Chino Airport’s Runway Protection Zone and will not include any buildings . As of the date the Owner executes this Subdivision Improvement Agreement, Subdivider and Owner have not entered into this ground lease referenced above , but shall d o so , and the ground lease shall be in effect, prior to Subdivider’scommencement of construction.
Vesting Tentative Parcel Map No.: 20561
Estimated Total Cost of Improvements: $1,696,700.00
Estimated Total Cost of Monumentation: $5,558.40
Security:
Bond No.: ____________________
Surety: ___________________
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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]
Majestic Chino Flight, LLC
c/o Majestic Realty Co., Manager’s agent
Attention: Ed Konjoyan, Senior Vice President
13191 Crossroads Parkway North 6th Floor
City of Industry, CA 91746
562-692-9581
[email protected]
CITY PROJECT INSPECTOR OWNER:
Isaac Ortega
Permit & Inspection Supervisor
13220 Central Avenue
Chino, CA 91710
(909) 334-3501
[email protected]
San Bernardino County
Attention: Terry W. Thompson, Director, Real
Estate Services Department
385 North Arrowhead Ave
San Bernardino, CA 92415
(909) 387-5104
[email protected]
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TABLE OF CONTENTS
1. Construction Obligations
1.1 Works of Improvement
1.2 Other Obligations Referenced in Conditions of Vesting 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 187
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5.2 Payment to City for Cost of Related Inspection and Engineering Services
5.3 Payment of Development Impact Fees
6. Acceptance of Offers of Dedication
7. Warranty of Work
8. Default
8.1 Default by Subdivider
8.2 Remedies
8.3 Remedies Not Exclusive
8.4 Attorney’s Fees and Costs
8.5 Waiver
9. Indemnity/Hold Harmless
10. Subdivider’s Indemnity of Project Approval
11. Insurance Requirements
12. Environmental Warranty
13. General Provisions
13.1 Successors and Assigns
13.2 No Third-Party Beneficiaries
13.3 No Vesting Rights
13.4 Subdivider is Not Agent of City
13.5 Time of the Essence
13.6 Notices
13.7 No Apportionment
13.8 Severability
13.9 Captions
13.10 Incorporation of Recitals
13.11 Interpretation
13.12 Entire Agreement; Waivers and Amendments
13.13 Counterparts
14. Authority
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1 SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this “Agreement”) is entered into this 24th day of March, 2026, 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 Majestic Chino Flight, LLC, a Delaware limited liability company (Subdivider”).
RECITALS
A. Subdivider has obtained approval of a subdivision map identified as Vesting Tentative Parcel Map No. 20561, (the “Map”), to subdivide approximately 56.95 acres located at the southeast corner of Flight and Remington Avenues in the City of Chino, County of San Bernardino, State of California (the “Property”), the Map and Property are as depicted 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 (as agreed to by the signature of San Bernardino County, the “Owner”of the Property) 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 the Map 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 and pursuant to the agreed upon engineer’s estimate thereof(the “Works of Improvement”), as the same may be supplemented and revised from time to time as 189
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2 set forth in this Agreement (said plans and specifications, together with all related documents, the “Plans”). The estimated construction cost for the Works of Improvement is $1,696,700.00.
1.2. Other Obligations Referenced in Conditions of Vesting 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 th e 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 wor k. 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 the Map 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 engin eer or surv eyor 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 use its reasonable discretion to order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed reasonably necessary or desirable by the City Engineer as determinedreasonably necessary to accomplish the purposes of this Agreement and to protect the public he alth, 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 c ontractor shall be binding on City unless approved in writing by 190
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3 the City Engineer. The City and Subdivider shall mutually 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 prior to City Acceptance, and after Final Acceptance as required by Section 7 below.
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 reasonably 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 andintent 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 s ite. 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 pr eviously 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. 191
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4 Subdivider shall construct the improvements in accordance with the City standards in effect on June 17, 2022, when the time the Vesting Tentative Parcel Map submittal was deemed complete. 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 whatsoever, Subdivider and its contractor shall be responsible for all materials and shall store them properly ifnecessary 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 require ments, dust control procedures, restrictions on truck and other construction traffic routes, noise abatement procedures, storage of materials and equipment, removal of garbage, trash, and refuse, securing the job site to prevent injury, and similar matters.
1.15. 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 inspectors 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 shallrecommend acceptance of the Works of Improvement by the City Council. Final acceptance shall occur on the date the City Council accepts the Works of Improvement (“Final Acceptance”), and shall not constitute a waiver by the City Engineer of defective work subsequently discovered. The City Engineer and the City shall not unreasonably withhold, condition or delay their acceptance of the Works of Improvement.
The date on which the Works of Improvement will be considered as complete shall be the date of the Final Acceptance.
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5 1.16. Vesting of Ownership. Upon Final Acceptance by City, ownership of the Works of Improvement located within the City streets and easements shown on the Map described in Recital B shall vest in the City. Owner consents to this provision.
1.17. Subdivider’s Obligation to Warn Public During Construction.Until Final Acceptance, Subdivider shall give good and adequate warning to the public of any dangerous condition of the Works of Improvement and shall take reasonable actions to protect the public from such dangerous condition. Until Final 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 Final Acceptance of the Works of Improvement, Subdivider assumes responsibility for the care and maintenance of, and any damage to, the Works of Improvement. Subdivider shall replace or repair all Works of Improvement which are destroyed or damaged for any reason, regardless whether resulting from the acts of the Subdivider, prior to theFinal Acceptance. Subdivider shall bear the entire cost of such replacement or repairs regardless ofwhat entity owns the underlying property. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.
Notwithstanding the foregoing, neither the City, nor any officer or employee thereof, shall be liable or responsible for any accident, loss or damage, regardless of cause but except for their sole negligence or intentional wrongful act, occurring to the Works of Improvement prior to Final Acceptance of the Works of Improvement.
2. Time for Performance.
2.1. Commencement and Completion Dates . Subject to Sections 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of Improvement within one (1) year 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 reasonable 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, inan 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. If City’s control and regulation of the phasing of specific Works of Improvement hinders Subdivider’s ability to timely complete the 193
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6 Works of Improvement and Subdivider is able to document such impact to the City in writing, subject to the City Engineer’s reasonable written approval, the deadlines specified in Section 2.1 shall be extended for time period(s)coterminous with the period of delay caused by City’s control and regulation of the phasing. In addition to whatever other remedies the City may have for Subdivider’s failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Subdivider a cknowledges City’s right to withhold the issuance of further Certificate(s) of Occupancyon the Property until such phasing requirements are satisfied.
Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a reasonable determination by the City Engineer, completion of specific Works of Improvement 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 anything in this Agreement to the contrary , Subdivider’s time for performance of its obligations shall be extended for the period of any delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, fires, natural disasters, acts of God, acts of the public enemy,strikes, lockouts, riots, epidemics, pandemics, quarantine restrictions, freight embargos, acts or failures to act of a public agency (including City), changes to the scope or phasing of work required by City, and similar causes; provided, however, that the period of any delay hereunder shall not include any period longer than ten (10) 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 Subdivider’s performance.
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 Divis ion 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.
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7 3.2. Nondiscrimination. In accordance with the California Fair Employment and Housing Act ( “FEHA”), California Government Code Section 12940 et seq. , Subdivider agrees that Subdivider, its agents, employees, contractors, and subcontractor performing any of the Works of Improvement shall not discriminate, in any way, against any person on the basis of race, ethnicity, religious creed, color, national o rigin, 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 Improvement.
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 solely based upon the provisions of Section 4.2 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$1,696,700.00, which isequal 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 of $848,400.00, which is equal to 50% of the estimated construction cost referenced in Section 1.1.
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8 (iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of $ 5,558.40 equal to 100% of the cost thereof.
This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. (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 $169,700.00 equal to 10% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer.
4.2. Form of 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 minimumrating 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 196
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9 instituted and maintained) in the City of Chino, State of California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Subdivider ’s completing the Works of Improvement, in accordance with Section 2.1 (other than 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 b y the City Engineer, which shall not be unreasonably withheld, conditioned or delayed, 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 failur e by any surety or financial institution to perf orm 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 in the event of such expiration or failure, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall reasonably 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 institutionreasonably acceptable to City as of the date of delivery of the replacement letter of credit. Notwithstanding anything herein to the contrary, prior to City’s draw on any such letter of credit, City 197
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10 shall provide Subdivider with ten (10) days ’written notice of its intent to draw on the letter of credit.
(b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdi vider agrees and hereby grants City a security interest in such account to the extent required for City to realize its intereststherein 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 L abor and Materials Security Instrument until the earlier of: 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 reasonable costs, expenses and fees, including reasonable attorney’s fees.
5. Cost of Construction and Provision of Inspection Service. 198
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11 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 accordance with state law, in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all of its costs reasonably incurred for design, plan check, and evaluating any proposed or agreed -upon changes in the Works of Improvement. The procedures for deposit and payment of such fees shall be as reasonably 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 in effect as of June 17, 2022 when the Map submittal was deemed complete.
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. City shall use good faith efforts to promptly accept all offers 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 within said one (1) year period, due to any reason other than improper maintenance, any of the Works of Improvement should fail or prove defective 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 thirty (30) days after written notice of such defects, subject to force majeure, 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 and diligently prosecuted to completion . Should Subdivider fail to commence to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City shall provide notice to Subdivider that it will commence such repairs and replacements , may thereafter make such repairs and replacements, and the reasonable 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:
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12 (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 thirty (30) consecutive calendar days after commencement of the work; (d) Subdivider’s insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Subdivider fails to discharge within 120 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 , after the giving of notice and expiration of applicable cure period.
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 actual cost of completing the required improvements. The City may use the sums provided by the securities , pursuant to the terms of this Agreement, for the completion of the Works of Improvement in accordance with the plans. In the event the Subdivider fails to cure any failure to perform its obligations under this Agreement, and the same results in a default in accordance wit h the last sentence of this Section 8.2,Subdivider authorizes the City to(i) perform the obligation for which Subdivider is in default and agrees to pay the entirereasonable cost of such performance by the City, and (ii) 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. Notwithstanding any provision of this Agreement to the contrary, Subdivider shall not be in default under this Agreement unless and until City provides written notice of any failure of Subdivider to perform its obligations hereunder to Subdivider and to Subdivider’s surety, and such failure shall continue for thirty (30) days after Subdivider and Subdivider’s surety receive City’s written notice, provided that, if more than thirty (30) days are reasonably required to cure the such failure to perform, then such thirty (30) day period shall be extended for such longer period of time as Subdivider reasonably requires to cure the failure to perform so long as Subdivider commences cure within such thirty (30) day period and thereafter diligently pursues such cure to completion.
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 200
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13 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 eq uitable 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 after giving of notice and expiration of applicable cure periods, Subdivider agrees to pay all reasonable 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’sor City’sperformance of its obligations under this Agreement or under any of the Security Instruments r eferenced 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 withrespect to the litigation.
All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment.
8.5. Waiver. No waiver by the City of any breach or default by the 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 each case due to Subdivider’s failure to properly perform Subdivider’s obligations underthis Agreement. Subdivider further agrees to protect, defend, indemnify and hold harmless City, its officials, boards and commissions, and members thereof, agents, and employe es from any and all third party claims, demands and causes of action, as well as any and all liability or loss of any sort resulting from such claims, demands and causes of action, because of, or arising out of, acts or omissions ) of Subdivider, its agents, employees, contractors and subcontractors resulting in the failure of Subdivider to properly perform its obligations under this Agreement, except to the extent such claims, demands, causes of action, liability or loss are attributable to the sole negligence or intentional wrongful act of the City, its officials, boards, commissions, the members thereof, agents and employees, including all third party claims, demands, causes of action, as well as all liability or loss resulting from such third party claims, demands, and causes of action,because of or arising out of, in whole or in part, the design or construction of the Works of Improvement by or for the benefit of Subdivider . 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 Works of Improvement 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 improvementsin each case constituting Works of Improvement. Final Acceptance of the Works of Improvement 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 impr ovements pursuant to the 201
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14 approved improvement Plans or Map, except to the extent of any negligent action or inaction taken or intentional wrongful act by the City in approving the Plans or Map.
After Final Acceptance, the Subdivider shall remain obligated to eliminate any latent defect in design or dangerous condition caused by the design or construction defect of any Works of Improvement for a period of one (1) year following such recordation. Notwithstanding any provision of this Section 9 to the contrary, Subdivider shall (i) not be responsible for routine maintenance and (ii) have no obligation to indemnify, defend or hold harmless any indemnified party from any claims, demands, causes of act ion, liability or loss if the same arises due to the sole negligence or intentional wrongful act of the City or any other indemnified party. Clause (ii) in the preceding sentence in no way changes the exculpation of the City for liability pursuant to the last sentence of the preceding paragraph. The Security Instruments shall not be required to cover the provisions of this Paragraph.
Subdivider shall reimburse the City for all reasonable 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. Subdivider’s indemnity obligations specified in this Section shall automatically terminate one (1) year after Final Acceptance.
10. Subdivider’s Indemnity of Project Approval. Subdivider shall defend, indemnify, and hold harmless the City and its agents, officers, and employees from any third party 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 notifythe 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 or any other indemnified party. 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. Subdivi der 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 form reasonably 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 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’protective;
(iii) Blanket contractual liability;
(iv) Completed operations; and
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15 (v) Products liability.
(b) Commercial Business Auto policy with a minimum $1 million combined single limit for bodily injury and property damage, providing all the following minimum coverage without deductibles:
(i) Coverage shall apply to all leased, owned, hired, or non -owned vehicles used in pursuit of any of the activities associated with this Agreement; and
(ii) 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 all employees of the Subdivider:
(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 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 exce ss insurance only.”
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16 (iii) “This insurance shall act for each insured and additional insured as though a separate policy has been written for each. This, however, will not act to increase the limit of the insuring company.” (iv) “Thirty (30) days prior written notice of cancellation shall be given to the City of Chino in the event of cancellation and/or reduction in coverage, except that ten (10) days prior written notice shall apply in the event of cancellation for non -payment of premium.”Such notice shall be sent to the Risk Manager at the address indicated in Subsection f below.
(v) Subsection d(iv) hereinabove “Cancellation Notice ” is the only endorsement required of the Workers’Compensation and Employers’ Liability policy.
(e) Admitted Insurers. All insurance companies providing insurance to the Subdivider under this Agreement shall be admitted to transact the business of insurance by the California Insurance Commissioner.
(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 and Owner, as applicable, shall provide City with a written warranty in a form substantially similar to Exhibit “C”attached hereto and incorporated herein by reference.
12.2. Subdivider and Owner, as applicable, shall, promptly after acquiring actual knowledge of the same, give written notice to City of:
(a) Any proceeding or investigation by any federal, state or local governmental 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.
(b) 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
(c) Subdivider’s or Owner’s discovery, as applicable, of any occurrence or condition on any property adjoining or in the vicinity of the property to be dedicated 204
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17 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.
Owner 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 assigned 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 Ass ignment of Subdivision Agreement, (the “Transfer Agreement ”), to acknowledge the transfer of the interest 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 appro val, 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. Notwithstanding anything to the contrary in this Agreement, Subdivider’s indemnity and other obligations specified in this Agreement shall automatically terminate one (1) year after the Final Acceptance, with no litigation filed by any third party before the expiration of this one -year period, and if any such litigation is so filed, then the applicable provisions shall continue in force only with respect to such filed litigation until finally resolved.
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 Subdivider intend to create any third-party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity.
13.3. No Vesting Rights. Performance by the Subdivider of this Agreement shall not be construed to vest Subdivider’s rights with respect to any change in any zoning or building law or ordinance. Notwithstanding the foregoing, Subdivider has vested rights created in connection with the City’s approval of Vesting Tentative Parcel Map No.: 20561.
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. 205
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18 13.5. Time of the Essence. Time is of the essence ofCity’s andSubdivider’s performance of all of its respective 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 a nd 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 express ly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties.
13.13. Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall be deemed one original.
14. Authority. The persons executing this Agreement on behalf of the parties warrant the ( i) party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally 206
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19 bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other agreement to which said party is bound. [SIGNATURES ON NEXT PAGE]
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20 IN WITNESS WHEREOF,the City, Ownerand 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 Hye Jin Lee, P.E.
City Attorney Director of Public Works
Dated: ____________ Dated: ____________
MAJESTIC CHINO FLIGHT, LLC,
a Delaware limited liability company
By: MAJESTIC REALTY CO.,
a California corporation
Its: Manager’s Agent
By:
(Name and Title)
Dated: ____________
SAN BERNARDINO COUNTY
Dawn Rowe
Chair, Board of Supervisors
Dated: ____________
ATTEST: CITY OF CHINO
By
Natalie Gonzaga, City Clerk Dr. Linda Reich, City Manager Dated: ____________ Dated: ____________
208
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209
01225.0006/366470.2 A-1
EXHIBIT “A”
VESTING TENTATIVE PARCEL MAP
210
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211
01225.0006/366470.2 B-1
EXHIBIT “B”
PARCEL MAP 20561 WORKS OF IMPROVEMENT
A. Removal of undesirable, dangerous and dead plant materials and roots.
B. All 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 City-approved construction plans.
E. Sanitary sewers constructed as shown on the City-approved, engineered plans.
F. Water mains, valves, hydrants, services, meters and appurtenances to serve each lot as shown on the City-approved construction plans.
G. Underground installation of all electrical, telephone, cable television and any other energy or communication lines that abut the project site.
H. A street lighting system (City -owned) in accordance with the City-approved construction plans.
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 City-approved construction plans.
K. Installation of asphalt concrete or Portland Cement Concrete street pavement on base material as shown on approved construction plans and in accordance the City- approved construction plans.
L. Street signs at intersections per the City-approved construction plans.
M. Installation of approved landscaping (plants and materials) per the City-approved construction plans.
N. Setting monuments as required by the State Code.
The Subdivider shall also perform all work and furnish all materials necessary, in the reasonable opinion of the Director of Public Works or her designee and on his order, to complete the improvements in accordance with the plans and specifications on file as hereinbefore specified, or any changes as required by Section 1.6 of the Agreement. 212
RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 20561
LOCATION : Flight Ave @ Remmington
By: PBLA
DATE: 11/28/2023
Quantity Unit Item Unit Total Cost
Price Per Item
STREETS
EA Tree Removal 800.00$ - $
CY Concrete Removal 325.00$ - $
310 CY AC Pavement Removal 100.00$ 31,000.00$ CY Imported Common Fill (Incl. Compaction) 34.00$ - $ 33503 SF Preparation of Subgrade, Sidewalk and Paving 1.00$ 33,503.00$ 2067 LF PCC 8" Curb & 24" Gutter on 6" AB 26.00$ 53,742.00$ LF PCC 6" Curb & 24" Gutter on 6" AB 24.00$ - $ LF PCC Curb Only 20.00$ - $
LF 8" A.C. Berm 20.00$ - $
SF 8" PCC Cross Gutter on 6" AB 16.00$ - $ 14200 SF 4" PCC Sidewalk 5.80$ 82,360.00$ SF 6" PCC Thick Drive Approach on 6" AB 12.50$ - $ 5272 SF 8" PCC Thick Drive Approach on 6" AB 15.00$ 79,080.00$ LF 2" x 6" Redwood Header 7.50$ - $
EA Street Sign and Post 475.00$ - $
EA Traffic Sign and Post 400.00$ - $
EA Reflector Sign and Post 175.00$ - $
EA Painted Legend 6.50$ - $
SF Prime or Tack Coat 0.08$ - $
TON AC Variable - <300T (148 LB/CF) 130.00$ - $ 833 TON AC Variable - >300T 120.00$ 99,960.00$ TON CAB Variable - <300T 100.00$ - $
869 TON CAB Variable - >300T (135 LB/CF) 90.00$ 78,210.00$ EngCostEstimate Page 1 of 10 Effective Date: January 1, 2021 213
RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 20561
LOCATION : Flight Ave @ Remmington
By: PBLA
DATE: 11/28/2023
Quantity Unit Item Unit Total Cost
Price Per Item
STREETS
EA Adjust Sewer Manhole to Grade 950.00$ - $ EA Adjust Sewer Cleanout to Grade 500.00$ - $ EA Adjust Water Valve and Can to Grade 525.00$ - $ 5 EA Street Light (City Owner) 7,700.00$ 38,500.00 $ 1 EA Electrical Pedestal 6,500.00$ 6,500.00 $
EA Lot Monument Setting Fee 550.00$ - $
LF Sawcut A.C. 3.00$ - $
LF Sawcut Concrete 3.00$ - $
SF Cold Plane A.C. 2" Thick 0.28$ - $
LF Signing & Striping for
Arterial 19.00$ - $
Collector 13.00$ - $
3335 Local 7.00$ 23,345.00$
EA Traffic Signal (8 - Phase Controller) 350,000.00$ - $ 1 EA Modify existing Traffic Signal per Quadrant 75,000.00$ 75,000.00 $ LF Chain Link Fence
4 foot Residential Grade (Add $7.00/LF for Removal of
Existin
g Fence) 25.00$ - $
6 foot School fence (Add $9.00/LF for Removal of
Existin
g Fence) 35.00$ - $
EA Utilit y Poles
Transmission 11,500.00$ - $
Distribution 8,000.00$ - $
Service 3,000.00$ - $
EngCostEstimate Page 2 of 10 Effective Date: January 1, 2021 214
RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 20561
LOCATION : Flight Ave @ Remmington
By: PBLA
DATE: 11/28/2023
Quantity Unit Item Unit Total Cost
Price Per Item
STREETS
25000 SF
Landscape (Including shrubs, Hardscape, Irrigation, Ground Cover, Lighting, Installation Labor and Connection to
Existing Systems) 15.00$ 375,000.00$
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$ - $
STREETS
STREET SUBTOTAL 988,200.00 $
1 LS Mobilzation (5% of Construction Cost) 5% 49,410.00$ 1 LS Traffic Control (5% of Construction Cost) 5% 49,410.00$ LS Clear & Grub Site (5% of Construction Cost) 5% 49,410.00$ LS Excavation (Clean Material) (5% of Construction Cost) 5% 49,410.00$ GRAND TOTAL STREETS ONLY 1,185,840.00$
EngCostEstimate Page 3 of 10 Effective Date: January 1, 2021 215
RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 20561
LOCATION : Flight Ave @ Remmington
By: PBLA
DATE: 11/28/2023
Quantity Unit Item Unit Total Cost
Price Per Item
WATER
LF Trench Support/Shoring (6 foot depth) 15.00$ - $ CY Pipe Bedding & Compaction (Imported) 90.00$ - $ LF
6" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 80.00$ - $ LF
8" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration. 100.00$ - $ 1142 LF
12" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 135.00$ 154,170.00$ 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$ - $
2 EA 12" Gate Valve 4,500.00$ 9,000.00 $
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$ - $
EA 2" Water Service/Meter 4,500.00$ - $
WATER
WATER SUBTOTAL 163,170.00$
1 LS Mobilzation (5% of Construction Cost) 5% 8,158.50$ 1 LS Traffic Control (5% of Construction Cost) 5% 8,158.50$ GRAND TOTAL WATER ONLY 179,487.00$
EngCostEstimate Page 4 of 10 Effective Date: January 1, 2021 216
RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 20561
LOCATION : Flight Ave @ Remmington
By: PBLA
DATE: 11/28/2023
Quantity Unit Item Unit Total Cost
Price Per Item
RECYCLED WATER
LF Trench Su pport/Shoring (6 foot depth) 15.00$ - $ CY Pi pe Bedding (Imported) 90.00$ - $
LF
6" Pipe & Fittings Installed, including excavation, bedding, backfill and
pavement restoration 80.00$ - $
LF
8" Pipe & Fittings Installed, including excavation, bedding, backfill and
pavement restoration. 100.00$ - $
LF
12" Pipe & Fittings Installed, including excavation, bedding, backfill and
pavement restoration 135.00$ - $
LF
18" Pipe & Fittings Installed, including excavation, bedding, backfill and
pavement restoration 175.00$ - $
EA 6" Gate Valve 2,000.00$ - $
EA 8" Gate Valve 2,600.00$ - $
EA 12" Gate Valve 4,500.00$ - $
EA 18" Gate Valve 7,500.00$ - $
EA Fire H ydrant Assembly per City Std. 7,500.00 $ - $ EA Blow-off Assembl y 5" per City Std. 8,600.00 $ - $ EA 2" Air Relief Assembl y 4,500.00$ - $
EA 1" Water Service/Meter 3,500.00$ - $
EA 2" Water Service/Meter 4,500.00$ - $
RECYCLED WATER
RECYCLED WATER SUBTOTAL -$
LS Mobilzation (5% of Construction Cost) 5% -$
LS Traffic Control (5% of Construction Cost) 5% -$
GRAND TOTAL RECYCLED WATER ONLY -$
EngCostEstimate Page 5 of 10 Effective Date: January 1, 2021 217
RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 20561
LOCATION : Flight Ave @ Remmington
By: PBLA
DATE: 11/28/2023
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 - $
51 LF
8" Installed, including excavation, bedding, backfill and pavement restoration $93.00 4,743.00$
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 - $
1 EA Sewer Saddle $450.00 450.00$
EA Wyes 4" x 8" Typical $225.00 - $
1 EA 48" Sewer Manhole $4,700.00 4,700.00$
EA 60" Sewer Manhole $7,500.00 - $
EA Sewer Cleanout $1,800.00 - $
SEWER
SEWER SUBTOTAL 9,893.00$
1 LS Mobilization (5% of Construction Cost) 5% 494.65$
1 LS Traffic Control (5% of Construction Cost) 5% 494.65$ GRAND TOTAL SEWER ONLY 10,882.30$
EngCostEstimate Page 6 of 10 Effective Date: January 1, 2021 218
RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 20561
LOCATION : Flight Ave @ Remmington
By: PBLA
DATE: 11/28/2023
Quantity Unit Item Unit Total Cost
Price Per Item
STORM DRAIN
LF 24" X 36" C.M.P.A. (10 Gauge) 230.00$ - $ LF 27" x 43" C.M.P.A (10 Gauge) 250.00$ - $ EA Storm Drain Manhole #1 10,000.00$ - $
EA Junction Structure #2 (24" or larger) 8,850.00$ - $ 2 EA Junction Structure #4 (24" or smaller) 4,000.00$ 8,000.00 $ EA Outlet Structure 7,000.00$ - $
EA Catch Basin 3.5' Width 7,200.00$ - $
2 EA Catch Basin 7' Width/L.D. 7,900.00$ 15,800.00 $ EA Catch Basin 10' Width/L.D. 9,950.00$ - $
EA Catch Basin 14' Width/L.D. 11,000.00$ - $
EA Catch Basin 21' Width/L.D. 13,000.00$ - $
10 LF
18 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 200.00$ 2,000.00$ LF
24 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 240.00$ - $ LF
27 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 260.00$ - $ LF
30 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 280.00$ - $ LF
33 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 295.00$ - $ LF
36 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 310.00$ - $ LF
39 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 320.00$ - $ LF
42 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 330.00$ - $ LF
45 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 360.00$ - $ LF
48 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 385.00$ - $ LF
54 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 440.00$ - $ LF
60 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 500.00$ - $ EngCostEstimate Page 7 of 10 Effective Date: January 1, 2021 219
RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 20561
LOCATION : Flight Ave @ Remmington
By: PBLA
DATE: 11/28/2023
Quantity Unit Item Unit Total Cost
Price Per Item
STORM DRAIN
LF
66 inch RCP Installed, including excavation, bedding,
backfill and
pavement restoration 560.00$ - $
LF
72 inch RCP Installed, including excavation, bedding,
backfill and
pavement restoration 625.00$ - $
LF
78 inch RCP Installed, including excavation, bedding,
backfill and
pavement restoration 690.00$ - $
LF
84 inch RCP Installed, including excavation, bedding,
backfill and
pavement restoration 765.00$ - $
LF
90 inch RCP Installed, including excavation, bedding,
backfill and
pavement restoration 830.00$ - $
LF
96 inch RCP Installed, including excavation, bedding,
backfill and
pavement restoration 920.00$ - $
LF
102 inch RCP Installed, including excavation, bedding,
backfill and
pavement restoration 1,000.00 $ - $
LF
108 inch RCP Installed, including excavation, bedding,
backfill and
pavement restoration 1,075.00 $ - $
LF
7' x 6' RCB Installed, including excavation, bedding, backfill and
pavement restoration 700.00$ - $
LF
7' x 8.5' RCB Installed, including excavation, bedding, backfill and
pavement restoration 820.00$ - $
LF
7' x 9.5' RCB Installed, including excavation, bedding, backfill and
pavement restoration 870.00$ - $
LF
8' x 11' RCB Installed, including excavation, bedding, backfill and
pavement restoration 1,000.00$ - $
LF
8' x 13' RCB Installed, including excavation, bedding, backfill and
pavement restoration 1,100.00$ - $
LF
9' x 9' RCB Installed, including excavation, bedding, backfill and
pavement restoration 1,000.00$ - $
LF
9' x 12' RCB Installed, including excavation, bedding, backfill and
pavement restoration 1,100.00$ - $
LF
4' x 6' RCB Installed, including excavation, bedding, backfill and
pavement restoration 680.00$ - $
STORM DRAIN
STORM DRAIN SUBTOTAL 25,800.00$
1 LS Mobilization (5% of Construction Cost) 5% 1,290.00$ 1 LS Traffic Control (5% of Construction Cost) 5% 1,290.00$ GRAND TOTAL STORM DRAIN ONLY 28,380.00$
EngCostEstimate Page 8 of 10 Effective Date: January 1, 2021 220
RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 20561
LOCATION : Flight Ave @ Remmington
By: PBLA
DATE: 11/28/2023
Quantity Unit Item Unit Total Cost
Price Per Item
DIRECT COSTS GRAND TOTAL STREETS ONLY 1,185,840.00$
GRAND TOTAL WATER ONLY 179,487.00$
GRAND TOTAL RECYCLED WATER ONLY -$
GRAND TOTAL SEWER ONLY 10,882.30$
GRAND TOTAL STORM DRAIN ONLY 28,380.00$
GRAND TOTAL (FOR PLAN CHECK & INSPECTION FEE
DETERMINATION)
1,404,589.30$
PROJECT ADDITIVES Project Contingencies 10% 140,458.93$ Construction Staking 3% 42,137.68$
Soils Testing 1% 14,045.89$
Material Testing 1% 14,045.89$
Construction Inspection 4.8% 67,420.29$
Contract Administration 1% 14,045.89$
GRAND TOTAL (FOR BOND AMOUNTS) 1,696,743.87$
EngCostEstimate Page 9 of 10 Effective Date: January 1, 2021 221
RESOLUTION NO 2022-007
EXHIBIT C
CITY OF CHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM 20561
LOCATION : Flight Ave @ Remmington
By: PBLA
DATE: 11/28/2023
Quantity Unit Item Unit Total Cost
Price Per Item
BY ENGINEER
Prepared By: Steve Levisee
R.C.E. Number: 45926
Expiration: 12/31/2024
BY CITY
Faithful Performance Bond (100% of Construction Cost) 1,696,700.00$ Labor & Material Bond (50% of Construction Cost) 848,400.00$ Warranty Bond (10% of Construction Cost) 169,700.00$
EngCostEstimate Page 10 of 10 Effective Date: January 1, 2021 222
DEVELOPMENT ENGINEERING DIVISION CONDITIONS OF APPROVAL Reviewed/Approved By: JP Date: 3/14/23
PARCEL MAP NO. 20561
DATE: February 17, 2023 PC MEETING DATE: March 20, 2023
PROJECT DESCRIPTION: Develop 1 light industrial building in the Preserve Specific Plan area.
PROJECT LOCATION: 8711 Remington Avenue
APPLICANT: Majestic Realty Co. PROJECT ENGINEER: Felicia Marshall
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 from C/L Direction From C/L
Remington Avenue 37 feet South
Flight Avenue 37 feet East
1.3a 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 with respect to various facilities including, but not limited to, right -of-way landscaping, private streets, 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 The developer is responsible for the continued operation and maintenance of perimeter streetlights, common area landscaping, and parkway areas (landscaping, sidewalk). The project is required to establish an association for the continued operation and maintenance of above improvements. The alternative is to annex the properties into the Preserve Master Maintenance Corporation (PMMC) or other association acceptable to the Director or cover the obligations in the CC&R’s.
1.7 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 223
PARCEL MAP NO. 20561 2 February 17, 2023
to the City at any time and in a form acceptable to the Assistant City Manager , pursuant to Government Code, Section 66499.
1.8 Provide a Monumentation Bond in an amount specified in writing by a Registered Engineer or Licensed Land Surveyor of Record.
1.9 Comply with all applicable requirements of the City Municipal Code.
1.10 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, including crosswalks, created by, prolongated from, or connected to any required sidewalks improv ements. The frontage may include sidewalks, curb ramps, connecting crosswalks (marked and unmarked), and their associated pedestrian facilities (on -street parking space, etc.).
a. The following existing improvements shall be made compliant with accessibility regulations as a part of this project:
i. sidewalks/walks
ii. curb ramps
iii. crosswalk pavement and associated pedestrian facilities (pedestrian push buttons, maneuvering, clear space)
b. Improvements that are non-compliant with the accessibility standards in effect at the time of construction or alteration, shall be brought up to current accessibility standards. This work shall be incorporated into the scope of this project and shall be completed prior to acceptance by the City.
1.11 Pay all applicable fees pursuant to City Municipal Code including, but not limited to, plan check fees.
2.0 PRIOR TO ISSUANCE OF BUILDING PERMITS FOR ANY LOT WITHIN THE SUBDIVISION/ PRIOR TO ISSUANCE OF CONSTRUCTION PERMITS:
2.1 Record Parcel Map No. 20561 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 Permit will be issued. Al l maps, studies, calculation sheets, reports, etc. must be on and/or folded in an 11-inch x 8 1/2-inch standard format.
2.3 Prepare and submit a drainage study, including supporting hydraulic and hydrological data to the project engineer for approval. The study shall confirm or recommend changes to the City's adopted Master Drainage Plan by identifying off-site and on-site storm water runoff impacts resulting from build-out of permitted General Plan land uses. In addition, the study shall identify the project's contribution and shall provide locations and sizes of catchments and system connection points and all downstream drainage-mitigating measures.
2.4 Prepare and submit a final grading plan showing building footprints, pad elevations, finished grades, drainage routes, retaining walls, erosion control, slope easements and other pertinent information in accordance with Appendix J of the California Building Code, latest edition.
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 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 224
PARCEL MAP NO. 20561 3 February 17, 2023
is tributary to the City's main sewer. In addition, design 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 ve rify all requirements with the project engineer.)
Remington Flight
Curb & Gutter (Offset from Centerline) 22’ 22’
Sidewalk (Width) 5’ 5’
Asphalt Concrete Pavement on Aggregate Base
(Width from Centerline)
20’ 20’
Asphalt Concrete Overlay
Street Lights X
Median Island and Landscaping
Parkway Landscaping X X
Striping and Traffic Controls X X
Traffic Signal Interconnect
Conduit System for CATV X X
Sewer X1
Storm Drain
Domestic Water
Recycled Water
Fire Hydrants as required by CVIFD X X
Other: Class II On-Street Bike Path X X
Other: Modify Traffic signal at Remington and Flight X2 X2 1 The City will require a smart cover lid to be installed at the manhole on Flight, near Kimball. 2 The traffic signal modification is detailed in more detail in 2.23.
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 conflict with accessibility regulations and standards, the prevailing provision shall be determined by City’s Accessibility Coordinator and City Engineer.
2.9 Developer shall prepare Improvement plans for Remington Avenue and Flight Avenue consistent with the DRC approved plans , and include new lane configurations, appropriate transitions, modified lane configurations, utility locations, etc. to the satisfaction of the City Engineer.
Street Improvements shall be required for the southerly half of Remington Avenue, from Flight to the easterly property boundary in accordance with City of Chino standards. Street Improvements shall include, but not be limited to the following: required roadway grading, installation of paving, curb and gutter, sidewalk, parkway landscaping and irrigation, street lights, utility relocations and other improvements to the satisfaction of the City Engineer.
Along Flight Avenue, any existing curb and gutter that is damaged and/or cracked shall be removed and replaced at the direction of the City Engineer. Improvements along Flight Avenue to include 225
PARCEL MAP NO. 20561 4 February 17, 2023
sidewalk, parkway landscaping and irrigation, and utility relocations to the satisfaction of the City Engineer.
Signing and Striping plans shall be submitted for plan check, review and approval. “No Stopping Anytime (NSAT) zones” shall be established along the property frontages for both Remington Avenue and Flight Avenue to the satisfaction of the City Engineer. The NSAT zones shall be shown and implemented on the Signing and Striping Plans.
On-Site Signing and Striping shall be in compliance with CA MUTCD; to include standard sign application including size, shape & color.
2.10 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.
2.11 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). DIF will be based on the fee schedule in place on June 17, 2022, which is the day the application was deemed to be complete. SFDF is a pass -through fee to IEUA and the amount due will be determined by IEUA. The actual amount of fees due to the City for all other fees 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 solely responsible for remaining informed about changes in the fee amounts. City shall have no obligation to inform Developer of changes in the fee amounts unless Developer requests notice of such changes, pursuant to Government Code Section 66019(b) and Chino Municipal Code Chapter 3.40.080(B) or 3.45.080(B).
2.12 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
2.13 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 P ermit requirements to the maximum extent practicable, the project shall be designed to specify preferential use of Low Impact Development Best Management Practices that reduce pollutants and runoff volume through structural measures (e.g. infiltration, harvesting, and bio-treatment) and non-structural measures (e.g. preserving natural areas, clustering development, and reducing impervious areas). The WQMP shall conform to the requirements of the San Bernardino County Stormwater Program, 2013 WQMP Technical Guidance Document.
2.14 Any future maintenance and repair of sewer laterals, except for the portion of lateral located within the public right-of-way or public easement, and domestic water or fire service laterals to the project site shall be the sole responsibility of the applicant/property owner in accordance with City Code, Chapter 13.04.175 and 13.12.150.
226
PARCEL MAP NO. 20561 5 February 17, 2023
2.15 Convey ownership of all existing onsite water wells to the City and convert to monitoring wells as directed by the City’s Public Works Environmental staff and Water Utilities Supervisor. Prepare and record any necessary easements to provide the City with a ccess to the monitoring wells. Any existing water wells that cannot be feasibly converted to monitoring wells shall be destroyed (per City Standard No. 465).
2.16 City staff shall determine the type of water (potable or recycled) to be used for grading operations, dust control activities, and common area/public landscape irrigation at the time of permit issuance.
2.17 All public street corners shall have a minimum curb radii per City Municipal Code, Chapter 19.06 and City Standards and Specifications.
2.18 Provide adequate sight distance (per City Standard No. 865) for each project driveway and at all intersections. Landscaping type and height shall be maintained to ensure sight distance requirements are perpetuated.
2.19 Submit to the City electronic files, in Adobe Acrobat PDF format, of all submittals, including reports, studies, improvement plans, and City redlines of previous submittals. Include AutoCAD and Esri GIS shape files as an e-transmitted zip file of all approved improvement plans.
2.20 The developer is responsible to contract with the City’s designated traffic signal maintenance company for ongoing maintenance of traffic signals modified at Remington and Flight until such time the improvements are accepted by the City.
2.21 Comply with all requirements of the Traffic Impact Analysis (TIA) dated December 23, 2022 and approved January 18, 2023 including participation in fair share contributions per Table 1 -3, “Summary of Improvements and Rough Order of Magnitude Costs” on page 14.
2.22 Traffic signals shall be designed to the satisfaction of the City Traffic Engineer at the following locations:
1. Flight Avenue and Remington Avenue – The existing signal and cabinets at the SE corner will need to be modified for the new design. Additional right-of-way will be required to accommodate these improvements. The curb at the NE corner will be modified for truck traffic. This will require new accessible ramps at the NE corner. If needed, the signals may need to be modified, depending on the design. The signal work at this intersection is not DIF eligible.
Verify and update interconnect plans as necessary to satisfaction of the City Traffic Engineer to accommodate project frontage improvements. Conduit may need to be relocated or protected in place during construction of frontage improvements.
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 2.6 and 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 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.
3.4 Slurry seal along all streets impacted by the development as directed by City staff. Install signing and striping per approved plans.
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PARCEL MAP NO. 20561 6 February 17, 2023
3.5 Pay all remaining applicable fees pursuant to City Municipal Code.
4.0 PRIOR TO FINAL ACCEPTANCE/PROJECT CLOSEOUT:
4.1 Complete all Conditions of Approval listed under Sections 1-3 above.
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.
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Rev. 5/29/2424
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
DEVELOPMENT ENGINEERING DIVISION
ITEMS REQUIRED FOR FIRST PLAN CHECK SUBMITTAL
PARCEL MAP NO. 20561
PROJECT ENGINEER: Felicia Marshall
DATE: 2/10/2023
A COPY OF THIS CHECK LIST MUST BE SUBMITTED WITH THE FIRST PLAN CHECK
Copy of Development Engineering Division Conditions of Approval
Set of Maps (Subdivision Only)
Copy of preliminary Title Report (no older than six months) (Subdivision Only)
Copy of Closure Calculations (Subdivision Only)
Set of Referenced Maps (Subdivision Only)
Copy of Preliminary Soils Report (no older than sixty days)
Copy of lot line adjustment certificate
Copy of lot merger
Copy of right-of-way dedication
Set of Rough Grading Plans
Set of Precise Grading Plans and onsite SD plans
Set of Storm Drain Plans
Copy of Hydrology and Hydraulic Calculations with Backup Data (Signed and Sealed by a Registered Civil Engineer)
Copy of Engineering Cost Estimate (On City Forms) with Engineer’s Wet Signature and Stamp
Set of Street Improvements Plans
Copy of Cross-Sections (if street plans are required) at 50’ intervals and extended a minimum of 100’ beyond limits of improvements
Set of Sewer Plans
Set of Domestic Water Plans
Set of Recycled Water Plans
Set of Street Light Plans including a Photometric Diagram
Copy of Voltage Drop Calculations (Signed and Sealed by a Registered Engineer)
Set of Signing and Striping Plans
Set of Traffic Signal Interconnect Plans
Set of Traffic Signal Plans
Water Quality Management Plan
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01225.0006/366470.2 C-1
EXHIBIT “C”
PARCEL MAP 20561
ENVIRONMENTAL WARRANTY
As a condition precedent to acceptance of the dedications and public improvements to be conveyed to the City of Chino for the above-referenced Subdivision, Subdivider and Owner hereby warrant to the City of Chino that:
1. To Subdivider’s and Owner’s actual knowledge, (i) neither the property to be dedicated nor Subdivider/Owner are in violation of any environmental law with respect to the property shown in Vesting Tentative Parcel Map 20561, and (ii) neither the property to be dedicated nor the Subdivider /Owner 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. The actual knowledge qualifier, as used in Sections 1 and 2 of this Exhibit C, in no way limits Subdivider’s and Owner’s liability under applicable environmental law.
2. Neither Subdivider or Owner, nor, to Subdivider’s and Owner’s actual knowledge, 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 pu rposes 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 law s, ordinances, rules, regulations or policies.
3. Subdivider and Owner have 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 or in close proximity to the property to be dedicated, except in compliance with all applicable environmental laws.
4. Owner’sprior 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 , except in compliance with all applicable environmental laws.
5. All persons executing this warranty hereby represent and warrant to the City of Chino, and Subdivider and Owner hereby represent and warrant, that the signators hereto have the legal power, right and authority to execute this warranty on behalf of the 230
01225.0006/366470.2 C-2
Subdivider and Owner, 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 and Owner’senvironmental experts, to make the representations herein, and that no consent of any other party is required to execute this warranty and make the representations herein on behalf of the Subdivider or Owner to the City of Chino.
Notwithstanding the above, the sufficient knowledge or expertise of the signator for Owner means the actual present knowledge of Terry Thompson, Director, Real Estate Services Department, who is the person most knowledgeable on this matter on behalf of Owner.
Each of the undersigned persons declares under penalty of perjury that the foregoing is true and correct.
Dated: _________________________
SUBDIVIDER*
By:
OWNER*
By:
Dawn Rowe
Chair, Board of Supervisors
*Proof of authorization for Subdivider ’s and Owner’s signatures is required to be submitted concurrently with this environmental warranty.
231
CONSTRUCTION CREDIT AND REIMBURSEMENT AGREEMENT
THE PRESERVE DEVELOPMENT IMPACT FEE PROGRAM
PARCEL MAP NO. 20561
This CONSTRUCTION CREDIT AND REIMBURSEMENT AGREEMENT ( “Agreement”) is e n t e r e d i n t o t h i s 2 4th day of March 2026 (“Effective Date ”), by and between CITY OF CHINO , a California municipal corporation ( “City”), and Majestic Chino Flight, LLC, a Delaware limited liability company ( “Developer”). City and Developer are sometimes hereinafter referred to individually as “Party” and jointly as “Parties”.
RECITALS
A. Developer has a long-term lease with the County of San Bernardino (“County”) to develop the property located adjacent to the Chino Airport at the southeast corner of Flight and Remington Avenues as depicted on Exhibit A (“Project”). The Project site is located within a larger master planned industrial development. On March 20, 2023, the Planning Commission approved the Developer’s applications for Site Approval, Special Conditional Use Permit, and Vesting Tentative Parcel Map No. 20561 to subdivide 56.95 acres of land into three parcels ranging in size from 3.74 acres to 46 acres. Parcel 1 is proposed to be developed with a 925,362 square foot industrial building with loading doors facing Remington Avenue while Parcels 2 and 3, fall within the Chino Airport’s Runway Protection Zone and will remain undeveloped.
B. Developer has requested from City certain entitlements and/or permits for the Project, and City has granted the entitlements and/or permits subject to certain conditions of approval provided on Exhibit B which will require certain public improvements to be constructed (“Conditions of Approval”).
C. The Conditions of Approval also require Developer to pay Development Impact Fees (“DIFs”), as established in Chapter 3.45 of the Chino Municipal Code (“DIF Ordinance”). The 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 reports described in the DIF Ordinance (“Nexus Reports”).
D. Pursuant to the DIF Ordinance and the Conditions of Approval, Developer owes DIFs for the Project.
E. The Conditions of Approval require Developer to construct certain public improvements which are included in the City’s Nexus Reports. Developer has agreed to construct those certain public improvements as required by the Conditions of Approval which are specified on Exhibit C (“Public Improvements”).
F. 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, for which a development impact fee is imposed, Developer shall be eligible to receive a fee credit toward the DIFs imposed on the Project for the same type of public facility so constructed, and shall be entitled to reimbursement for eligible costs of constructing the public facility, provided that developer complies with the requirements of the DIF Ordinance in effect on June 17, 2022 when the time the Vesting Tentative Parcel Map submittal was deemed complete. The DIF Ordinance specifically requires that the developer and City enter into a credit and reimbursement agreement.
Contract No.:
Approval Date:
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2 G. City and Developer desire to enter into this Agreement for the following purposes: ( i) to provide for the timely construction and completion of the Public Improvement s, (ii) to ensure that construction of the Public Improvements is undertaken in accordance with the Plans and Specifications (as defined below) , and the laws and ordinances pertaining to the construction of public improvements, (iii) to provide the methodology for establishing the reimbursement amounts and/or DIF credits to which Developer may be entitled upon completion of the Public Improvements (“Reimbursement/Credits”); and (iv) the requirements for Developer’s transfer or application of all or any portion of the Reimbursement/Credits to third party.
NOW, THEREFORE, for the purposes set forth herein, Developer and City hereby agree as follows:
AGREEMENT:
1. Incorporation of Recitals . The Parties hereby affirm the facts set forth in the Recitals above and agree to the incorporation of the Recitals as though fully set forth herein.
2. Construction of Public Improvements. Unless extended by a written extension executed by the Parties, prior to the issuance of a certificate of occupancy for the Project, Developer shall construct or have constructed, at its own cost and expense, the Public Improvements in accordance with the Plans and Specifications and the provisions of this Agreement . Developer shall provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary to fully and adequately complete the Public Improvements.
2.1 Pre-approval of Plans and Specifications . Developer is prohibited from commencing work on any portion of the Public Improvements until all plans and specifications for the Public Improvements have been submitted to and approved in writing by City (“Plans and Specifications”). Approval by City shall not relieve Developer from ensuring that all Public Improvements conform to all applicable laws, ordinances and regulation under California and federal law.
2.2 Permits and Notices . Prior to commencing any work, Developer (through its contractors) shall, at its sole cost and expense, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the Public Improvements and performance of Developer’s obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in this Agreement, any applicable law, and any permit or license issued to Developer.
2.3 Public Works Requirements. Developer shall ensure that the bidding, awarding, and construction of the Public Improvements are undertaken as if such Public Improvements were constructed as a public works project under the direction and authority of City , pursuant to all provisions of law applicable to governmental entities. Developer shall also comply with the requirements of City’s Bidding and Contract Requirements For Public Improvements Policy, as adopted by City Council, hereby incorporated by reference and made a part of hereof (as may be amended from time to time). (a) Prior to soliciting or awarding the bid for any portion of the Public Improvements, Developer shall submit the bid packet and a set of construction drawings signed by Developer or another authorized representative designated by Develope r for the work being bid to City Engineer or his or her designee for review and approval, which approval shall be granted or denied within fifteen (15) calendar days after submission of such bid packet. If City Engineer denies approval of such bid packet and construction drawings, City Engineer shall specify the reasons for such disapproval and Developer shall resubmit a revised bid packet for review and approval until such approval is obtained. 233
3 (b) Developer, or its General Contractor (defined below), shall obtain bids for the construction of the Public Improvements in a manner which has been approved by City Engineer.
Developer shall provide City Engineer with copies of all bids received from California licensed contractors and a bid summary in a form approved by City Engineer to assure that the contractor/subcontractors adhere to the applicable legal requirements for public works projects. The contract or contracts for the construction of the Public Improvements shall be awarded to the responsible bidder(s) submitting the lowest responsive bid(s) for the construction of the Public Improvements. Developer or its General Contractor, as applicable, shall enter into a construction contract with each contractor selected to perform work on the Public Improvements (after competitive bidding as set forth above), (each, a “ Construction Contract”) for the performance of the work set forth in the selected bid, and the terms of each Construction Contract entered into by Developer and each contractor/subcontractor shall be reasonably acceptable to City Engineer.
Developer or its General Contractor shall submit to City a copy of each executed Construction Contract for the Public Improvements within fifteen (15) days after execution thereof. (c) Developer’s general contractor for the construction of the Public Improvement (“General Contractor”) shall pay prevailing wages (in accordance with Articles 1 and 2 of Chapter 1, Part 7, Division 2 of the Labor Code) and otherwise comply with applicable provisions of the Labor Code, the Government Code, the Civil Code, and the Public Contract Code relating to public works projects of cities and as required by the procedures and standards of City with respect to the construction of its public works projects or as otherwise reasonably directed by City Engineer. (d) All contractors shall be required to provide proof of insurance coverage throughout the term of the construction of the Public Improvements which they will construct in conformance with Section 5 of this Agreement.
2.4 Standard of Performance. Developer and its contractors shall perform all work required, constructing the Public Improvements in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement.
2.5 Alterations to Public Improvements. All work shall be done and the Public Improvements completed as shown on the Plans and Specifications, and any subsequent alterations thereto mutually agreed upon by City and Developer. If Developer desires to make any alterations to the Plans and Specifications, it shall provide written notice to City of such proposed alterations. City shall have ten (10) business days after receipt of such written notice to administratively approve or disapprove such alterations, which approval shall not be unreasonably withheld, conditioned or delayed. If City fails to provide written notice to Developer of its approval or disapproval of the alterations within such ten (10) business day period, City will be deemed to have disapproved such alterations to the Plans and Specifications , in which case within five (5) business days thereafter City shall provide Developer with a detailed explanation for such disapproval. Any and all alterations in the Plans and Specifications and the Public Improvements to be completed may be accomplished without first giving prior notice thereof to Developer ’s surety for this Agreement.
2.6 Force Majeure. Developer agrees that the time within which it shall be required to perform any act under this Agreement shall not be extended except as follows: (i) Developer is delayed by City (including, without limitation, restrictions on priority, initiative or re ferendum, or moratoria), in which case Developer shall provide written notice to City specifically describing the nature and extent of 234
4 the delay caused by City and Developer’s detailed efforts to avoid such delay, which references this Section and deliver such notice within twenty (20) days of discovering such delay, and Developer’s obligations shall be extended for such time as City reasonably deems warranted as a result of the delay if and only if Developer provides such written notice to City within such time; or (ii) Developer is delayed due to war, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires, casualties, natura l disasters, acts of God, acts of the public enemy, epidemics, pandemics, quarantine restrictions, freight embargoes, processing with any governmental agencies, unusually severe weather, or any other similar causes beyond the control of Developer or without the fault of Developer. An extension of time for any such cause shall be for the period of the enforced delay equal to the number of days during which Developer’s performance was delayed and shall commence to run from the time of the commencement of the cause, if written notice by Developer claiming such extension is sent to City within twenty (20) days of knowledge of the commencement of the cause.
3. Security; Surety Bonds . Prior to the commencement of any work on the Public Improvements, Developer or its contractor shall provide City with surety bonds in the amounts and under the terms set forth below or, at City’s request, in lieu of surety bonds, a letter of credit or letters of credit issued by a banking institution with a rating to be reasonably approved by City and in the form and upon terms reasonably approved by City (“Security”). The amount of the Security shall be based on the estimated actual costs (“ Estimated Costs ”) to construct the Public Improvements, as reasonably determined by City after Developer has awarded a contract for construction of the Public Improvements to the lowest responsive and responsible bidder in accordance with this Agreement. If City determines, in its sole and absolute discretion, that the Estimated Costs have materially changed, Developer or its contractor shall adjust the Security in the amount requested by City. Providing the Security shall not release Developer of its indemnification obligation in Section 4.
3.1 Performance Bond. To guarantee the construction of the Public Improvements and faithful performance of all the provisions of this Agreement, to protect City if Developer is in de fault as defined in Section 14, and to secure the Warranty of the Public Improvements pursuant to Section 10, Developer or its contractor shall provide City a faithful performance bond in an amount which sum shall be not less than one hundred percent (100%) of the Estimated Costs. City may, in its reasonable discretion, partially release a portion or portions of the security provided under this section as the Public Improvements are accepted by City, provided that Developer is not in default on any provision of this Agreement and the total remaining security is not less than twenty percent (20%) of the Estimated Costs. All security provided under this section shall be released at the end of the Warranty period, provided that Developer is not in default of this Agreement.
3.2 Labor & Material Bond . To secure payment to the contractors, subcontractors, laborers, materialmen, and other persons furnishing labor, materials, or equipment for performance of the Public Improvements and this Agreement, Developer or its contractor shall provide City a labor and materials bond in an amount which sum shall not be less than one hundred percent (100%) of the Estimated Costs. The security provided under this section shall be released by City six (6) months after the date City accepts the Public Improvements, provided there are no outstanding stop payment notices.
3.3 Additional Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Best rating of at least “A” and FSC -VIII, shall be licensed to do business in California. As part of the obligation secured by the Security and in addition to the face amount of the Security, Developer and its contractor or the surety shall secure the reasonable costs, expenses and fees, including reasonable attorneys’ fees and costs, incurred by City in enforcing the obligations of this Agreement. Developer and its contractor and the surety shall stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the Public Improvements, or the Plans and Specifications shall in any way affect its obligation on the Security. 235
5 4. Indemnification. Developer shall defend, indemnify, and hold harmless City, its elected officials, employees, and agents from any and all actual or alleged third party claims, demands and causes of action, as well as any and all liability, loss, damage, or injury to property or persons, including wrongful death, resulting from such claims, demands and causes of action, whether imposed by a court of law or by administrative action of any federal, state, or local governmental agency, arising out of or incide nt to any acts, omissions, negligence or willful misconduct of Developer in each case in connection with Developer’s failure to properly perform its obligations under this Agreement (“Claims”). This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, reasonably incurred attorneys’ fees, and related costs or expenses incurred by City, its elected officials, employees and/or agents, and the reimbursement of City, its elected officials, employees, and/ or agents for all legal expenses and costs reasonably incurred by each of them. This indemnification excludes only such portion of any Claim which is caused by the negligence or willful misconduct of City or any other indemnified party , as determined by a court or administrative body of competent jurisdiction. Developer’s obligations under this Section 4 shall terminate at the conclusion of the Warranty, as provided in Section 10, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, employees, or agents.
5. Insurance.
5.1 Types; Amounts . Developer shall procure and maintain, and shall require its contractors to procure and maintain, during performance of this Agreement, insurance of the types and in the amounts described below (“Required Insurance”). If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit.
5.1.1 General Liability . Occurrence version general liability insurance, or equivalent form, with a limit of not less than Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage.
5.1.2 Business Automobile Liability. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollar s ($1,000,000) per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any auto owned, leased, hired, or borrowed by the insured or for which the insured is responsible.
5.1.3 Workers’ Compensation. Workers’ compensation insurance with limits as required by the Labor Code of the State of California and employers’ liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence, at all times during which insured retain s employees.
5.1.4 Professional Liability. For any consultant or other professional who will engineer or design the Public Improvements, liability insurance for errors and omissions with limits not less than Two Million Dollars ($2,000,000) per occurrence, shall be procured and maintained for a period of five (5) years following completion of the Improvements. Such insurance shall be endorsed to include contractual liability.
5.2 Deductibles. Any deductibles or self-insured retentions must be declared on the evidence of insurance provided to the City.
5.3 Additional Insured; Separation of Insureds . The Required Insurance, except for the professional liability and workers’ compensation insurance, shall name City as an additional insured with respect to work performed by or on behalf of Developer or its contractors, including any materials, parts, or equipment furnished in connection therewith. The Required Insurance shall contain standard 236
6 separation of insureds provisions, and shall contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, or agents.
5.4 Primary Insurance; Waiver of Subrogation. The Required Insurance shall be primary with respect to any insurance or self -insurance programs covering City, its elected officials, officers, employees, or agents. The policy required for workers’ compensation insurance shall provide that the insurance company waives all right of recovery by way of subrogation against City in connection with any damage or harm covered by such policy.
5.5 Certificates; Verification. Developer and its contractors shall furnish City with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by City before work pursuant to this Agreement can begin.
5.6 Term; Cancellation Notice . Developer and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. All policies shall, to the extent available from commercially reasonable insurance providers, be endorsed to provide that the Required Insurance shall not be canceled without thirty (30) days’ prior written notice to City, except for ten (10) days’ notice for non-payment of premium.
5.7 Insurer Rating. Unless approved in writing by City, all Required Insurance shall be placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least “A-” and FSC-VIII.
6. Maintenance of Improvements . City shall not be responsible or liable for the maintenance or care of , and shall exercise no control over, the Public Improvements until such Public Improvements are accepted by City. Developer shall have no obligation to make the Public Improvements available for public use at any time before the Public Improvements are accepted by City. Any use by any person, other than employees, agencies or representatives of City, of the Public Improvements, or any portion thereof, that causes damage to the Public Improvements, or any portion thereof, shall be at the sole and exclusive risk of Developer at all times prior to City ’s acceptance of the Improvements. Developer shall maintain all of the Public Improvements in a state of good repair until they are completed by Developer and accepted by City. It shall be Developer’s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this section, City may, upon written notice and Developer’s failure to remedy as provided in Section 14, do all work necessary for such maintenance, and the cost thereof shall be the responsibility of Developer and its surety under this Agreement. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Public Improvements or their condition prior to acceptance, except to the extent such damage or injury is caused by the negligence or willful misconduct of City, its elected officials, employees, and/or agents.
7. City Inspection of Public Improvements. Developer shall, at its sole cost and expense, and at all times during construction of the Public Improvements, maintain reasonable and safe facilities and provide safe access for inspection by City of the Public Improvements and areas where construction of the Public Improvements is occurring or will occur. Developer shall give notice to City when the construction of all or a portion of the Public Improvements is complete. Upon receiving such notice, City may inspect the Public Improvements and request any modifications or corrections as may be deemed reasonably necessary by City Engineer, in his or her sole discretion, to bring the Public Improvements into conformity with the Plans and Specifications, including any approved revisions thereto. Developer or Developer’s contractors shall make all such modifications and corrections requested by City Engineer. 237
7 8. Liens. Developer shall not permit any liens to be filed against the Public Improvements and indemnifies City with respect to any such liens. Upon the expiration of the time for the recording of claims of liens as prescribed by Sections 8412 and 8414 of the Civil Code with respect to the Public Improvements, Developer shall provide to City such evidence or proof as City shall reasonably require that all persons, firms, and corporations supplying work, labor, materials, supplies, and equipment to the construction of the Public Improvements have been paid, and that no claims of liens have been recorded by or on behalf of any such person, firm, or corporation. Rather than await the expiration of the said time for the recording of claims of liens, Developer may elect to provide to City a title insurance policy or other security acceptable to City guaranteeing that no such claims of liens will be recorded or become a lien upon any of the Property.
9. Acceptance of Improvements; As -Built or Record Drawings . If the Public Improvements are completed by Developer in accordance with the Plans and Specifications, as determined by City Engineer, City shall be authorized to accept the Public Improvements, and shall promptly accept the Public Improvements . City may, in its reasonable discretion, accept fully completed portions of the Public Improvements prior to such time as all of the Public Improvements are complete, which shall not release or modify Developer’s obligation to complete the remainder of the Public Improvements. Upon the total or partial acceptance of the Public Improvements by City, Developer shall file with the Recorder’s Office of the County of San Bernardino a notice of completion for the accepted Improvements in accordance with California Civil Code Section 9204 (“Notice of Completion ”), at which time the accepted Public Improvements shall become the sole and exclusive property of City without any payment therefor.
Notwithstanding the foregoing, City may not accept any Public Improvements (or the applicable portion thereof) unless and until Developer provides either two (2) sets or an electronic set (as dictated by the City) of “as-built” or record drawings or plans to City for all such Public Improvements (or the applicable portion thereof). The drawings shall be certified and shall reflect the condition of the Public Improvements as constructed, with all changes incorporated therein.
10. Warranty and Guaranty . Developer warrants and guarantees all the Public Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, as applicable, for a period of one (1) year following completion of the work and acceptance by City (“ Warranty”). During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise materially unsatisfactory portion of the Improvements, in accordance with the Plans and Specifications. All repairs, replacements, or reconstruction during the Warranty period shall be at the sole cost and expense of Developer , and shall not be eligible for credits or reimbursements . As to any Public Improvements wh ich have been repaired, replaced, or reconstructed during the Warranty, Developer hereby agree to provide a warranty for a one (1) year period following City acceptance of the repaired, replaced, or reconstructed Public Improvements. Nothing herein shall relieve Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any Public Improvement following expiration of the Warranty or any extension thereof. Developer’s warranty obligation under this section shall survive the expiration or termination of this Agreement.
11. DIF Credit and Reimbursement.
11.1 Calculation of Eligible Costs . Upon or prior to completion of the Public Improvements by Developer, Developer shall submit to City Engineer such information as City Engineer may require to calculate the actual costs incurred by Developer to construct the Public Improvements (“Actual Costs”).
11.2 Credit/Reimbursement Limits. The credit and, if applicable, reimbursement amount owed to Developer for construction of the Public Improvements (“ Credit/Reimbursement Amount”) shall be equal to the Actual Costs, subject to the following limitations:
238
8 11.2.1 Reasonable Soft Costs. City Engineer shall, in his or her sole reasonable discretion, determine the amount of reasonable soft costs eligible for credit and reimbursement under the DIF Ordinance. Such amounts may include professional engineering and design services, construction management, soils testing, permits, plan check fees, and inspections , but shall not include interest or attorneys’ fees. For soft costs to be reimbursable to Developer pursuant to this Agreement, City must be able to verify that such soft costs are specifically attributable to the specified Public Improvements for which reimbursement is being made, by reference to separate subcontract(s) or by another means approved by City in writing. The total amount of the soft costs shall not exceed twenty-five percent (25%) of the Credit/Reimbursement Amount. City Engineer may, in his or her reasonable discretion, reduce or disallow credit/ reimbursement for any costs he or she finds excessive or unreasonable.
11.2.2 Nexus Report Costs Estimates . The Credit/Reimbursement Amount shall not exceed the cost estimates for the Public Improvements included in the Nexus Reports, unless approved by City Council.
11.2.3 DIF Categories . Developer acknowledges that DIF s are imposed in various separate categories to fund specific public facilities. Credit against DIF s may only be applied for eligible improvements identified in the specific DIF category.
11.3 Conditions Precedent to Final Credit or Reimbursement . City’s obligation to provide fee credits or reimbursements for the Public Improvements pursuant to this Agreement is conditioned upon the prior satisfaction by Developer or written waiver by City Manager of each of the following Conditions Precedent within the times designated below:
11.3.1 Completion of Construction . Developer shall have completed the construction of the Public Improvements acceptable to City, and thirty (30) days have elapsed since notices of completion have been recorded in relation to the Public Improvements, in accordance with California Civil Code Sections 9204 and/or 8182 (as applicable). The purpose of this provision is to ensure that the Public Improvements will be independently functional and to maintain consistency with vesting rights, and nothing herein shall be deemed to make any part of the Project a public work other than the Public Improvements.
11.3.2 Submission of Documents. Developer shall have made full and complete payment of all undisputed claims for work performed on the Public Improvements, or in the event of a dispute between Developer and the General Contractor or a subcontractor, Developer shall have obtained a commercially reasonable bond reasonably satisfactory to City to release any applicable mechanics’ lien or stop notice, and Developer shall have submitted and City shall have approved a written request for the credit/reimbursement, including copies of all bills and/or invoices evidencing the costs of constructing the Public Improvements actually incurred by Developer and any other documents reasonably required by City.
11.3.3 As-Built Drawings . Pursuant to Section 9, Developer shall have submitted either two (2) sets or an electronic set (as dictated by the City) of final as-built drawings for the Public Improvements to City Engineer.
11.3.4 Acceptance of Required Public Improvements by City. The City Council shall have accepted title to the Public Improvements.
11.3.5 No Default . Developer shall not be in material default in any of its obligations under the terms of this Agreement , and all representations and warranties of Developer contained herein shall be true and correct in all material respects. 239
9 11.3.6 Compliance with DIF Ordinance and Conditions of Approval.
Developer shall be in compliance with all requirements of the DIF Ordinance and the Conditions of Approval.
12. DIF Credit/Reimbursement Addendum.
12.1 DIF Fees. For purposes of the DIF Credit/Reimbursement Addendum, which shall be in substantially the same form as Exhibit D , the amount of the DIF owed by Developer shall be calculated as of the June 17, 2022 date that the submittal of the Vesting Tentative Parcel Map to the City of Chino was deemed complete (reflected on Exhibit E). If at the time Developer is obligated to pay DIF, the estimated eligible costs of the Public Improvements (as provided in Chino Municipal Code section
3.45.130) exceeds the amount of DIF owed by Developer, Developer shall not be obligated to pay the DIF.
12.2 Payment. If Developer’s credit is less than the DIF owed, then Developer shall pay the remaining balance to City to fully satisfy Developer’s DIF obligation within thirty (30) days of the execution of the DIF Credit/Reimbursement Addendum.
12.3 Reimbursement. If Developer is entitled to a reimbursement, City shall reimburse the balance to Developer in accordance with the provisions of the DIF Ordinance. City agrees that the Public Improvements qualify as “high-priority”, as provided in Chino Municipal Code section 3.45.130.
12.4 Assignment of Credit/Reimbursement Amount. Developer shall have the right to assign all or port ions of the Credit/Reimbursement Amount in accordance with the requirements specified in the DIF Credit/Reimbursement Addendum, which assignment will require City’s written acknowledgement. Developer understands that strict compliance with the assignment restrictions is critical to allow City to track the total Credit/Reimbursement Amount and Developer’s failure to comply with the assignment requireme nts in the DIF Credit/Reimbursement Addendum may result in delays in the processing of credit/reimbursement assignments by the City.
13. Assignment. Prior to completion of the Public Improvements, Developer may assign this Agreement to a third party (“ Assignment”), subject to the approval of City’s Director of Development Services (“ Director”) in his/her reasonable discretion. If Developer desires to assign this Agreement, Developer shall provide detailed information as to the proposed assignee (“Assignee”) as requested by City including but not limited, evidence of Assignee’s right to acquire the Property, its background and financial information evidencing the ability of Assignee to complete the Public Improvements. Any assignment of this Agreement, or execution of a replacement Agreement, as approved by Director pursuant to this Section, shall release Assignor.
14. Default; Notice; Remedies.
14.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation or code, City may at any ti me thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation ( “Notice of Default ”). Developer shall substantially commence the work required to remedy the default or violation within fifteen (15) business days of the Notice of Default. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the Notice of Default verbally, and Developer shall substantially commence the required work within twenty-four (24) hours thereof. Immediately upon City ’s issuance of the Notice of Default, Developer and its surety shall be liable to City for all costs of construction and installa tion of the Public Improvements and all other reasonable administrative costs or expenses, as provided for in Section 15 of this Agreement.
240
10 14.2 Failure to Remedy; City Action . If the work required to remedy the noticed default or violation is not commenced within the time required under Section 14.1 of this Agreement and diligently prosecuted to completion, City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its reasonable discretion it believes is required to remedy th e default or violation. All such work or remedial activity shall be at the sole and absolute cost and expense of Developer and its surety, without the necessity of giving any further notice to Developer or surety. In the event City elects to complete or arrange for completion of the remaining work and the Public Improvements, City may require all work by Developer or its surety to cease in order to allow adequate coordination by City.
14.3 Other Remedies. No action by City pursuant to this Section 14 shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. City may exercise its rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance.
15. Administrative Costs. If Developer fails to construct and install all or any part of the Public Improvements, or if Developer fails to comply with any other obligation contained herein, in each case after the giving of notice and expiration of cure periods set forth in Section 14.1 above, Developer and its surety shall be jointly and severally liable to City for all reasonable administrative expenses, fees, and costs, including reasonable attorneys’ fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law.
16. Miscellaneous.
16.1 Relationship between the Parties. The Parties hereby mutually agree that this Agreement shall not operate to create the relationship of partnership, joint venture, or agency between City and Developer. Developer ’s contractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of City.
16.2 Authority to Enter Agreement. Each person executing this Agreement on behalf of Developer represents and warrants that he or she has the legal power, right and authority to execute this Agreement on behalf of Developer and that this Agreement is binding upon Developer.
16.3 Notices. Any notice, demand, request, consent, approval, or communication either Party desires or is required to give to the other P arty or any person shall be in writing and either served personally, communicated by electronic mail (with a receipt requested), or sent by prepaid, first-class mail to the address set forth below. Notice shall be deemed communicated immediately upon personal delivery, email, or forty-eight (48) hours from the time of mailing if mailed as provided in this Section:
To City: City of Chino
13220 Central Ave.
Chino, CA 91710
Attn: Director of Public Works
Email: [email protected]
With Copy to: Aleshire & Wynder, LLP
1 Park Plaza, Suite 1000
Irvine, CA 92614
Attn: Fred Galante, Esq.
Email: [email protected]
241
11 To Developer: Majestic Chino Flight, LLC
c/o Majestic Realty Co.
Attention: Ed Konjoyan, Senior Vice President
13191 Crossroads Parkway North 6th Floor
City of Industry, CA 91746
Email: [email protected]
16.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.
16.5 Construction; References; Captions. The Parties agree that the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.
Any term referencing time, days, or period for performance shall be deemed calendar days and not work days, unless specified therein . All references to Developer include all personnel, employees, agents, and contractors of Developer, except as otherwis e specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and voluntee rs except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
16.6 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and executed by both Parties.
16.7 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any con tractual right by custom, estoppel, or otherwise.
16.8 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns.
This section shall not be construed as an authorization for any Party to assign any right or obligation.
16.9 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
16.10 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
16.11 Governing Law; Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties ’ activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of San Bernardino, California.
16.12 Time is of the Essence. Time is of the essence in this Agreement, and the Parties agree to execute all documents and proceed with due diligence to complete all covenants and conditions.
16.13 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument. 242
12 16.14 No Personal Liability for Officers and Employees. No officer or employee of City shall be personally liable to Developer or any successors in interest in the event of any default or breach by City or for any amount that may become due to Developer or any successor(s) in interest or for breach of any obligation of the terms of this Agreement. No officer or employee of Developer shall be personally liable to City or any successor(s) in interest in the event of any default or breach by Developer or for any amount that may become due to City or their successors in interest or for breach of any obligation of the terms of this Agreement.
16.15 Entire Agreement. This Agreement contains the entire agreement between City and Developer and supersedes any prior oral or written statements or agreements between City and Developer.
16.16 Exhibits. The following exhibits are attached hereto and incorporated herein by reference:
Exhibit A Project Depiction
Exhibit B Conditions of Approval
Exhibit C Public Improvements
Exhibit D
Exhibit E
DIF Credit/Reimbursement Addendum
Development Impact Fees as of June 17, 2022
[SIGNATURES ON FOLLOWING PAGE]
243
13 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.
DEVELOPER: CITY:
MAJESTIC CHINO FLIGHT, LLC,
a Delaware limited liability company
By: MAJESTIC REALTY CO.,
a California corporation
Its: Manager’s Agent
By: __________________________
(Name & Title)
Dated: ____________
CITY OF CHINO, a municipal corporation
By: _______________________
Dr. Linda Reich
City Manager
Dated: ____________
ATTEST:
__________________________
Natalie Gonzaga
City Clerk
Dated: ____________
APPROVED AS TO CONTENT:
By: _________________________
Hye Jin Lee
Director of Public Works
Dated: ____________
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
By: ______________________
Fred Galante
City Attorney
Dated: ____________
DEVELOPER: COPIES OF APPLICABLE ENTITY FORMATION DOCUMENTS EVIDENCING AUTHORITY OF DEVELOPER’S SIGNATORY SHALL BE PROVIDED TO CITY. DEVELOPER
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE APPLICABLE FORMATION DOCUMENTS FOR THE ENTITY.
244
01225
245
01225
246
EXHIBIT A
PROJECT DEPICTION
247
EXHIBIT B
CONDITIONS OF APPROVAL
[attached]
248
DEVELOPMENT ENGINEERING DIVISION CONDITIONS OF APPROVAL Reviewed/Approved By: JP Date: 3/14/23
PARCEL MAP NO. 20561
DATE: February 17, 2023 PC MEETING DATE: March 20, 2023
PROJECT DESCRIPTION: Develop 1 light industrial building in the Preserve Specific Plan area.
PROJECT LOCATION: 8711 Remington Avenue
APPLICANT: Majestic Realty Co. PROJECT ENGINEER: Felicia Marshall
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 from C/L Direction From C/L
Remington Avenue 37 feet South
Flight Avenue 37 feet East
1.3a 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 with respect to various facilities including, but not limited to, right -of-way landscaping, private streets, 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 The developer is responsible for the continued operation and maintenance of perimeter streetlights, common area landscaping, and parkway areas (landscaping, sidewalk). The project is required to establish an association for the continued operation and maintenance of above improvements. The alternative is to annex the properties into the Preserve Master Maintenance Corporation (PMMC) or other association acceptable to the Director or cover the obligations in the CC&R’s.
1.7 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 249
PARCEL MAP NO. 20561 2 February 17, 2023
to the City at any time and in a form acceptable to the Assistant City Manager , pursuant to Government Code, Section 66499.
1.8 Provide a Monumentation Bond in an amount specified in writing by a Registered Engineer or Licensed Land Surveyor of Record.
1.9 Comply with all applicable requirements of the City Municipal Code.
1.10 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, including crosswalks, created by, prolongated from, or connected to any required sidewalks improv ements. The frontage may include sidewalks, curb ramps, connecting crosswalks (marked and unmarked), and their associated pedestrian facilities (on -street parking space, etc.).
a. The following existing improvements shall be made compliant with accessibility regulations as a part of this project:
i. sidewalks/walks
ii. curb ramps
iii. crosswalk pavement and associated pedestrian facilities (pedestrian push buttons, maneuvering, clear space)
b. Improvements that are non-compliant with the accessibility standards in effect at the time of construction or alteration, shall be brought up to current accessibility standards. This work shall be incorporated into the scope of this project and shall be completed prior to acceptance by the City.
1.11 Pay all applicable fees pursuant to City Municipal Code including, but not limited to, plan check fees.
2.0 PRIOR TO ISSUANCE OF BUILDING PERMITS FOR ANY LOT WITHIN THE SUBDIVISION/ PRIOR TO ISSUANCE OF CONSTRUCTION PERMITS:
2.1 Record Parcel Map No. 20561 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 Permit will be issued. Al l maps, studies, calculation sheets, reports, etc. must be on and/or folded in an 11-inch x 8 1/2-inch standard format.
2.3 Prepare and submit a drainage study, including supporting hydraulic and hydrological data to the project engineer for approval. The study shall confirm or recommend changes to the City's adopted Master Drainage Plan by identifying off-site and on-site storm water runoff impacts resulting from build-out of permitted General Plan land uses. In addition, the study shall identify the project's contribution and shall provide locations and sizes of catchments and system connection points and all downstream drainage-mitigating measures.
2.4 Prepare and submit a final grading plan showing building footprints, pad elevations, finished grades, drainage routes, retaining walls, erosion control, slope easements and other pertinent information in accordance with Appendix J of the California Building Code, latest edition.
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 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 250
PARCEL MAP NO. 20561 3 February 17, 2023
is tributary to the City's main sewer. In addition, design 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 ve rify all requirements with the project engineer.)
Remington Flight
Curb & Gutter (Offset from Centerline) 22’ 22’
Sidewalk (Width) 5’ 5’
Asphalt Concrete Pavement on Aggregate Base
(Width from Centerline)
20’ 20’
Asphalt Concrete Overlay
Street Lights X
Median Island and Landscaping
Parkway Landscaping X X
Striping and Traffic Controls X X
Traffic Signal Interconnect
Conduit System for CATV X X
Sewer X1
Storm Drain
Domestic Water
Recycled Water
Fire Hydrants as required by CVIFD X X
Other: Class II On-Street Bike Path X X
Other: Modify Traffic signal at Remington and Flight X2 X2 1 The City will require a smart cover lid to be installed at the manhole on Flight, near Kimball. 2 The traffic signal modification is detailed in more detail in 2.23.
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 conflict with accessibility regulations and standards, the prevailing provision shall be determined by City’s Accessibility Coordinator and City Engineer.
2.9 Developer shall prepare Improvement plans for Remington Avenue and Flight Avenue consistent with the DRC approved plans , and include new lane configurations, appropriate transitions, modified lane configurations, utility locations, etc. to the satisfaction of the City Engineer.
Street Improvements shall be required for the southerly half of Remington Avenue, from Flight to the easterly property boundary in accordance with City of Chino standards. Street Improvements shall include, but not be limited to the following: required roadway grading, installation of paving, curb and gutter, sidewalk, parkway landscaping and irrigation, street lights, utility relocations and other improvements to the satisfaction of the City Engineer.
Along Flight Avenue, any existing curb and gutter that is damaged and/or cracked shall be removed and replaced at the direction of the City Engineer. Improvements along Flight Avenue to include 251
PARCEL MAP NO. 20561 4 February 17, 2023
sidewalk, parkway landscaping and irrigation, and utility relocations to the satisfaction of the City Engineer.
Signing and Striping plans shall be submitted for plan check, review and approval. “No Stopping Anytime (NSAT) zones” shall be established along the property frontages for both Remington Avenue and Flight Avenue to the satisfaction of the City Engineer. The NSAT zones shall be shown and implemented on the Signing and Striping Plans.
On-Site Signing and Striping shall be in compliance with CA MUTCD; to include standard sign application including size, shape & color.
2.10 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.
2.11 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). DIF will be based on the fee schedule in place on June 17, 2022, which is the day the application was deemed to be complete. SFDF is a pass -through fee to IEUA and the amount due will be determined by IEUA. The actual amount of fees due to the City for all other fees 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 solely responsible for remaining informed about changes in the fee amounts. City shall have no obligation to inform Developer of changes in the fee amounts unless Developer requests notice of such changes, pursuant to Government Code Section 66019(b) and Chino Municipal Code Chapter 3.40.080(B) or 3.45.080(B).
2.12 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
2.13 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 P ermit requirements to the maximum extent practicable, the project shall be designed to specify preferential use of Low Impact Development Best Management Practices that reduce pollutants and runoff volume through structural measures (e.g. infiltration, harvesting, and bio-treatment) and non-structural measures (e.g. preserving natural areas, clustering development, and reducing impervious areas). The WQMP shall conform to the requirements of the San Bernardino County Stormwater Program, 2013 WQMP Technical Guidance Document.
2.14 Any future maintenance and repair of sewer laterals, except for the portion of lateral located within the public right-of-way or public easement, and domestic water or fire service laterals to the project site shall be the sole responsibility of the applicant/property owner in accordance with City Code, Chapter 13.04.175 and 13.12.150.
252
PARCEL MAP NO. 20561 5 February 17, 2023
2.15 Convey ownership of all existing onsite water wells to the City and convert to monitoring wells as directed by the City’s Public Works Environmental staff and Water Utilities Supervisor. Prepare and record any necessary easements to provide the City with a ccess to the monitoring wells. Any existing water wells that cannot be feasibly converted to monitoring wells shall be destroyed (per City Standard No. 465).
2.16 City staff shall determine the type of water (potable or recycled) to be used for grading operations, dust control activities, and common area/public landscape irrigation at the time of permit issuance.
2.17 All public street corners shall have a minimum curb radii per City Municipal Code, Chapter 19.06 and City Standards and Specifications.
2.18 Provide adequate sight distance (per City Standard No. 865) for each project driveway and at all intersections. Landscaping type and height shall be maintained to ensure sight distance requirements are perpetuated.
2.19 Submit to the City electronic files, in Adobe Acrobat PDF format, of all submittals, including reports, studies, improvement plans, and City redlines of previous submittals. Include AutoCAD and Esri GIS shape files as an e-transmitted zip file of all approved improvement plans.
2.20 The developer is responsible to contract with the City’s designated traffic signal maintenance company for ongoing maintenance of traffic signals modified at Remington and Flight until such time the improvements are accepted by the City.
2.21 Comply with all requirements of the Traffic Impact Analysis (TIA) dated December 23, 2022 and approved January 18, 2023 including participation in fair share contributions per Table 1 -3, “Summary of Improvements and Rough Order of Magnitude Costs” on page 14.
2.22 Traffic signals shall be designed to the satisfaction of the City Traffic Engineer at the following locations:
1. Flight Avenue and Remington Avenue – The existing signal and cabinets at the SE corner will need to be modified for the new design. Additional right-of-way will be required to accommodate these improvements. The curb at the NE corner will be modified for truck traffic. This will require new accessible ramps at the NE corner. If needed, the signals may need to be modified, depending on the design. The signal work at this intersection is not DIF eligible.
Verify and update interconnect plans as necessary to satisfaction of the City Traffic Engineer to accommodate project frontage improvements. Conduit may need to be relocated or protected in place during construction of frontage improvements.
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 2.6 and 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 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.
3.4 Slurry seal along all streets impacted by the development as directed by City staff. Install signing and striping per approved plans.
253
PARCEL MAP NO. 20561 6 February 17, 2023
3.5 Pay all remaining applicable fees pursuant to City Municipal Code.
4.0 PRIOR TO FINAL ACCEPTANCE/PROJECT CLOSEOUT:
4.1 Complete all Conditions of Approval listed under Sections 1-3 above.
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.
254
Rev. 5/29/2424
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
DEVELOPMENT ENGINEERING DIVISION
ITEMS REQUIRED FOR FIRST PLAN CHECK SUBMITTAL
PARCEL MAP NO. 20561
PROJECT ENGINEER: Felicia Marshall
DATE: 2/10/2023
A COPY OF THIS CHECK LIST MUST BE SUBMITTED WITH THE FIRST PLAN CHECK
Copy of Development Engineering Division Conditions of Approval
Set of Maps (Subdivision Only)
Copy of preliminary Title Report (no older than six months) (Subdivision Only)
Copy of Closure Calculations (Subdivision Only)
Set of Referenced Maps (Subdivision Only)
Copy of Preliminary Soils Report (no older than sixty days)
Copy of lot line adjustment certificate
Copy of lot merger
Copy of right-of-way dedication
Set of Rough Grading Plans
Set of Precise Grading Plans and onsite SD plans
Set of Storm Drain Plans
Copy of Hydrology and Hydraulic Calculations with Backup Data (Signed and Sealed by a Registered Civil Engineer)
Copy of Engineering Cost Estimate (On City Forms) with Engineer’s Wet Signature and Stamp
Set of Street Improvements Plans
Copy of Cross-Sections (if street plans are required) at 50’ intervals and extended a minimum of 100’ beyond limits of improvements
Set of Sewer Plans
Set of Domestic Water Plans
Set of Recycled Water Plans
Set of Street Light Plans including a Photometric Diagram
Copy of Voltage Drop Calculations (Signed and Sealed by a Registered Engineer)
Set of Signing and Striping Plans
Set of Traffic Signal Interconnect Plans
Set of Traffic Signal Plans
Water Quality Management Plan
255
EXHIBIT C
PUBLIC IMPROVEMENTS
[Attached]
256
EXHIBIT "C"
CHINO FLIGHT DIF ELIGIBLE IMPROVEMENTS
Flight Ave. SUBTOTAL
Project
Contingencies
10%
Construction
Staking
3%
Soils Testing
1%
Material
Testing 1%
Construction
Inspection
2%
Miscellaneous
Soft Costs
7%
Contract
Administration
1%
SUBTOTAL TOTAL OF DIF
CREDIT
ENGINEER'S ESTIMATE
Streets -$ - - - - - - - -$ -
Water 179,487.00$ 179,487.00$ 17,948.70$ 5,384.61$ 1,794.87$ 1,794.87$ 3,589.74$ 12,564.09$ 1,794.87$ 44,871.75$ 224,358.75$ Recycled Water -$ - - - - - - - -$ -
Sewer -$ - - - - - - - -$ -
Storm Drain -$ - - - - - - - -$ -
SUBTOTAL 179,487.00$ 179,487.00$ 17,948.70$ 5,384.61$ 1,794.87$ 1,794.87$ 3,589.74$ 12,564.09$ 1,794.87$ 44,871.75$ 224,358.75$
PROJECT ADDITIVES
Project Contingencies 10% 17,948.70$ 17,948.70$ MAXIMUM DIF CREDIT TOTAL Construction Staking 3% 5,384.61$ 5,384.61$ -$
Soils Testing 1% 1,794.87$ 1,794.87$ 224,358.75$
Material Testing 1% 1,794.87$ 1,794.87$ -$
Construction Inspections 2% 3,589.74$ 3,589.74$ -$
Misc. Soft Costs 7% 12,564.09$ 12,564.09$ 224,358.75$
Contract Administration 1% 1,794.87$ 1,794.87$
SUBTOTAL 44,871.75$ 44,871.75$
TOTAL 224,358.75$ 224,358.75$
Circulation (Streets, Signal & Bridges)
Water (Potable)
Sewer
Storm Drainage
Exhibit C - Public Improvements
257
EXHIBIT D
SCHEDULE OF PERFORMANCE
Plans Approved – TBD – 30 days
Public bid – 45 days
Award Contracts – 30 days
Pre-construction Meeting – 1 week
Mobilization – 2 weeks
Construction – Flight Ave. 12” Water Line 1,142 L.F. – up to 3 months R&R and Final Inspection - 30 days
City Acceptance of Improvement – 30 days
258
EXHIBIT E
DIF CREDIT/REIMBURSEMENT ADDENDUM
259
260
EXHIBIT E
Development Impact Fees as of June 17, 2022
[on-file in the office of the City Engineer / Public Works Department] 261
MEMORANDUM
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
CITY COUNCIL MEETING DATE: MARCH 24, 2026
TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS
SUBJECT
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Approve Amendment No. 2 with Hunsaker and Associates Irvine, Inc. and transfer CIP Project scope from WA242 to WA223.
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RECOMMENDATION
1) Approve contract Amendment No. 2 with Hunsaker and Associates Irvine, Inc., Contract No. 2025-187 for $94,620 for additional design engineering services related to WA223 Water Main Replacement - Russell Avenue; 2) rename CIP project WA223 to “Water Main Re placement – Russell Avenue & Walnut Avenue” to include Walnut Avenue scope of work ; 3) rename CIP project WA242 to “Water Main Replacement – Philadelphia Street” to remove Walnut Avenue scope of work; and 4) authorize the City Manager to execute all necessary documents on behalf of the City.
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FISCAL IMPACT
Sufficient funds are included in the Fiscal Year 2025 -26 Capital Improvement Program budget for Amendment No. 2 with Hunsaker and Associates Irvine, Inc. for Project WA223. The FY 2025-26 project budget is summarized below:
Project WA223 – Water Main Replacement – Russell Avenue & Walnut Avenue Fund Adopted Budget Expenditures Available Budget
Fund 520 – Water Fund $810,356.71 $120,201.71 $690,155.00 Fund 530 – Sewer Fund $80,000.00 $0 $80,000.00
Fund 322 – Measure I $156,000.00 $0 $156,000.00
Total Available Budget: $926,155.00
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 in which identified priorities, goals, and action plans are built, by fostering:
Positive City Image
Financial Stability
Responsible Long-Range Planning
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CITY COUNCIL MEETING DATE: MARCH 24, 2026
TITLE: APPROVE AMENDMENT NO. 2 WITH HUNSAKER AND ASSOCIATES IRVINE, INC.
AND TRANSFER CIP PROJECT SCOPE FROM WA242 TO WA223.
PAGE: 2
Revenue: Click or tap here to enter text.
Expenditure: 5207310 – 48004 – WA223
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 263
CITY COUNCIL MEETING DATE: MARCH 24, 2026
TITLE: APPROVE AMENDMENT NO. 2 WITH HUNSAKER AND ASSOCIATES IRVINE, INC.
AND TRANSFER CIP PROJECT SCOPE FROM WA242 TO WA223.
PAGE: 3
BACKGROUND
The City’s Capital Improvement Program (CIP) includes waterline replacement projects to consistently deliver safe and reliable drinking water to all customers. The prioritization of waterline replacements is based on pipeline age, material type, and leak history. Consistent with this vision, City Council approved Staff’s recommendation to program the following projects (Exhibit A):
WA223 Water Main Replacement - Russell Avenue (Walnut Avenue to Terry Avenue) WA242 Water Main Replacement - Philadelphia Street (Central Avenue to Oaks Avenue) and Walnut Avenue (Ramona Avenue to Tenth Street) On September 6, 2022, the City Council awarded a professional services agreement to BKF Engineers, Contract No. 2023-149 for engineering design services for WA223.
On November 19, 2024, the City Council awarded a professional services agreement to Hunsaker and Associates Irvine, Inc., Contract No. 2025-187 for engineering design services for Walnut Avenue for WA242.
ISSUES/ANALYSIS
The scope of work in WA223 includes a replacement of Russell Avenue waterline and reconnection to Walnut Avenue waterline. The scope of work in WA242 includes replacement of Walnut Avenue waterline and reconnection to Russell Avenue waterline . Additionally, WA223 includes pavement restoration and ADA improvements. As both designs have progressed, it is most advantageous to combine the projects in the design phase so that they can be bid as one construction project. This approach will accelerate project delivery, reduce construction -related impacts on the community, enhance overall construction efficiency while also a chieving economies of scale during the bidding process.
To implement this approach, staff requested a proposal from Hunsaker and Associates Irvine, Inc. to incorporate Russell Avenue and Walnut Avenue Water Main Replacements into a single design package and to provide additional design services to prepare existing facilities for future flow meter installation. Staff have reviewed the proposal and concur with the proposed scope and fees. The contract is summarized below:
Contract No. 2025-187 – Hunsaker an d Associates Irvine, Inc.
Original Contract Amount $149,830
Amendment No. 1 Term Extension Only
Amendment No. 2 $94,620
New Contract Amount $244,450
Under this revision, WA223 will include the Water Main Replacement of Walnut Avenue ( from Ramona Avenue to Central Avenue ) and Russell Avenue (from Walnut Avenue to Terry Avenue), and preparation for future flow meter installation within the project limits. The scope of work for Project WA242 will be limited to Water Main Replacement of Philadelphia Street (from Central Avenue to Oaks Avenue).
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CITY COUNCIL MEETING DATE: MARCH 24, 2026
TITLE: APPROVE AMENDMENT NO. 2 WITH HUNSAKER AND ASSOCIATES IRVINE, INC.
AND TRANSFER CIP PROJECT SCOPE FROM WA242 TO WA223.
PAGE: 4
Staff recommend that the City Council approve Amendment No. 2 to the agreement with Hunsaker and Associates Irvine, Inc. to incorporate the Russell Avenue and Walnut Avenue Water Main Replacement designs into a single project. Staff also recommend that CIP projects WA223 and WA242 be renamed to reflect the appropriate project limits . Staff recommend the following project titles be revised to match their scope of work:
WA223 Water Main Replacement – Russell Avenue & Walnut Avenue WA242 Water Main Replacement – Philadelphia Street
Attachments: Exhibit A – Project Vicinity Map
Exhibit B – Hunsaker and Associates Irvine, Inc. – Amendment No. 2
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City Boundary
Pavement Restoration
Waterline Replacement
WA242 Philadelphia St
WA223 Russell Ave & Walnut Ave
Philadelphia St
Walnut Ave
Legend
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Project Name/No.: Russell Ave. & Walnut Ave. Contract No.: 2025-187 (A2) Water Line Replacement
Design Services (WA223)
Project Manager: PW/ C.W. Chan Approved: ______________ AMENDMENT NO. 2
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 Hunsaker and Associates Irvine, Inc., a California Corporation (“Consultant”) is effective as of the 24th day of March, 2026.
RECITALS
A. City and Consultant entered into that certain Agreement for Contractual Services dated November 19, 2024, ( “Agreement”) whereby Consultant agreed to provide Design Engineering Services for the Walnut Avenue Water Line Replacement Project (WA242).
B. City and Consultant entered into Amendment No. 1 on July 1, 2025, to extend the Term of the Agreement for an additional two Fiscal Year (2025-26 & 2026-27).
C. City and Consultant now desire to amend the Agreement to add to the scope of work to add Russell Avenue with potholing and CCTV for part of Walnut Avenue and to increase the total compensation by $94,620.
TERMS
1. Contract Changes. The Agreement is amended as provided herein. (a) The scope of services provided in Exhibit “A -1” of the agreement is amended to include services as specified in “Exhibit A-2”, attached hereto. (b) The schedule of compensation provided in Exhibit “C -1” of the agreement is amended to include additional scope of services as specified in Exhibit “C -2”, attached hereto.
(c) Section 2.1, Contract Sum is hereby revised to increase the Contract Sum by Ninety-Four Thousand Six Hundred Twenty Dollars and Zero Cents ($94,620) for additional design engineering services, and shall read in its entirety as follows:
“For the services rendered pursuant to this agreement, Consultant shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum contract amount of Two Hundred Forty-Four Thousand Four Hundred Fifty Dollars and Zero Cents ($244,450.00).
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 267
01225.0001/863605.1
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]
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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:
HUNSAKER AND ASSOCIATES IRVINE,
INC.:
By:
Name: Doug Staley
Title: President
By:
Name: Kamal Karam
Title: Vice President
Address: 3 Hughes
Irvine, CA 92618
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.
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Submitted by email
February 9, 2026 (revised 2/27/26)
CITY OF CHINO
ATTN: Chi Wai Chan, Associate Engineer
13220 Central Avenue
Chino, CA 91710
Subject: Proposal for Contract Amendment for Walnut Avenue Water Main Project Adding Russell Avenue with potholing and CCTV for part of Walnut Avenue Dear Mr. Chan:
Hunsaker & Associates Irvine, Inc. (H&A) is pleased to submit this proposal for your consideration. Our proposal consists of the following:
· Cover letter with work scope
· Copy of ASTM D2774 Underground Installation of Thermoplastic Pressure Piping · Exhibit #1 – Russell Avenue potholing plan
· Exhibit #2 – PVC conduits for PRV vaults at Monte Vista and Walnut · Analysis for Lateral Location Cost
· Cost Breakdown
Hunsaker has augmented our core team with two highly qualified subconsultants to meet the needs of this specific situation
Boudreau Pipeline – Potholing
Boudreau Pipeline Corporation (BPC) was founded by Alan Boudreau in 1996. Since then BCP has grown to more than 260 employees and up to $60 million in annual revenues. As a Subsurface Utility Engineering (SUE) Company, BPC truly understands the value of gathering good underground utility data prior to construction to eliminate delays and extra costs associated with underground substructures.
National Plant Services – CCTV Investigation
Founded in 2012, National Plant Services has proudly been serving cities and towns throughout the west coast for the last 40 years. They have the expertise to get the toughest jobs done right, and the latest equipment and processes to make it cost effective. National Plant Services offer a wide-range of investigation, evaluation, maintenance and trenchless rehabilitation services, unmatched in the industry.
Investigate Engineering Solutions
Some of this effort has already been done with the expectation that the cost will be covered by this amendment. For example, review of some available information on required cover over PVC pipe found the applicable ASTM standard (attached) which includes the following paragraph:
EXHIBIT "A-2"
A2-1 270