Chino City Council
April 21, 2026

Those persons wishing to speak on any item included on the agenda, or on any matter within the subject matter jurisdiction of the City Council, are invited fill out and submit to the City Clerk a “Request to Speak” form (name and address optional) which is available at the entrance to the Council Chambers. Additionally, members of the public may submit electronic public comments to [email protected] no later than 4:00 p.m. on the day of the meeting. In your email, please include the meeting date, agenda item you are commenting on, and your comment. All comments received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter and will be entered into the record for the meeting specified in email received.

If you require a reasonable accommodation to participate in this meeting per your rights under the Americans with Disabilities Act or for any other reason, please contact the City Clerk ’s Office (909) 334-3306, at least 48 hours prior to the advertised starting time of the meeting.

Any documents produced by the City and distributed to a majority of the City Council regarding any item on this agenda will be made available in the City Clerk ’s Office during normal business hours at City Hall located at 13220 Central Avenue, Chino. In addition, such documents will be posted on the City’s website at www.cityofchino.org.

CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, APRIL 21, 2026

REGULAR MEETING
AGENDA
CLOSED SESSION – 5:30 PM
OPEN SESSION – 6:00 PM
_________________________________________________________________________________

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

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

CLOSED SESSION

1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to Government Code 54956.8
Property: APN: 1014-281-03 5412 Francis Ave and 1014-281-08 0 Francis Ave.

Agency Negotiator: Linda Reich, City Manager or her designee; Negotiating Parties: Grand West Coast Investment, LLC
Under Negotiation: Price and Terms of Potential Acquisition

FLAG SALUTE
1 CHINO CITY COUNCIL
APRIL 21, 2026 2

CEREMONIALS
Proclamations
Donate Life Month - Proclaim April 2026 as Donate Life Month in the City of Chino.

Presentations
CHINO Days Award Recipients - Recognition of the 2026 CHINO Days Art Contest Award Winners.

Business of the Month - Award of Business of the Month for April 2026 to:
- Barsoum Dental
- Prado Equestrian Center

REPORT OUT OF CLOSED SESSION

AGENDA ADDITIONS/REVISIONS

INFORMATION
External Agency Report for April 21, 2026. Receive and file the External Agency Report for April 21, 2026 (Covering Meetings from February 1-28, 2026).

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

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

2.04.090) limits speakers to no more than five (5) minutes in which to address Council, except as provided under Government Code 54954.3(b)(2). If more than three (3) persons seek to address the same agenda item or the same subject matter, the Mayor shall establish a maximum period of time not to exceed thirty (30) minutes.

CONSENT CALENDAR
At this time, members of the public may present testimony as to why an item should be removed from the Consent Calendar for separate discussion. Unless a member of the public or City Council requests that an item be removed from the Consent Calendar, all items will be acted upon as a whole and by one vote. Items placed on the Consent Calendar represent routine expenditures and/or actions that support ongoing City operations.

1. Warrants. Approve expenses as audited and within budget for warrants 7774195 to 7775108, and Electronic Fund Transfers 526195E to 526293E, totaling $2,594,091.35.

2. Minutes. Approve Minutes for (a) Regular Meeting on April 7, 2026 and (b) Special Meeting on April 14, 2026 (All Members Present).

3. Elected City Officials’ Report Regarding Travel, Training, and Meetings. Receive and file the Elected City Officials’ Report reflecting City Council business related expenses incurred by the City.
2 CHINO CITY COUNCIL
APRIL 21, 2026 3

4. Adoption of Ordinance No. 2026 -003. Adopt Ordinance No. 2026 -003, approving the Chino Police Department's "Military Equipment" Use Policy (Second Reading).

ORDINANCE NO. 2026-003 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA APPROVING THE UPDATED CHINO POLICE DEPARTMENT’S

MILITARY EQUIPMENT USE POLICY

5. Public Improvement Agreement with Great Dragon, LLC for Site Approval PL22 -0027, located at 13787 Oaks Avenue. Approve a Public Improvement Agreement with Great Dragon, LLC for PL22-0027, located at 13787 Oaks Avenue; and authorize the City Manager to execute all the necessary documents on behalf of the City.

6. Conditional Approval of a Covenant Agreement to Annex for Sanitary Sewer Service and request approval from the San Bernardino Local Agency Formation Commission (LAFCO) for sanitary sewer service for the property located at 3910 Chino Avenue for a proposed single-family home and Accessory Dwelling Unit (ADU) located within the City of Chino’s Sphere of Influence. Adopt Resolution No. 2026 -024 conditionally approving a Covenant Agreement to Annex for Sanitary Sewer; request approval from LAFCO for sanitary sewer service for the property at 3910 Chino Avenue.

NEW BUSINESS

7. Authorize the City of Chino to join Public Risk Innovation, Solutions, and Management (PRISM) for Fiscal Year 2026 -27 for general and excess municipal liability insurance coverage. Adopt a Resolution authorizing the City of Chino to join PRISM for fiscal year (FY) 2026-27 for general and excess municipal liability insurance coverage.

Staff Report By: Terry Doyle, Director of Human Resources & Risk Management and Krystle Murillo, Deputy Director of Human Resources & Risk Management RECOMMENDATION: Adopt Resolution No. 2026-025 authorizing the City of Chino to join Public Risk Innovation, Solutions, and Management (PRISM) for the City’s general and excess municipal liability insurance coverage effective Fiscal Year 2026-27; designate the City Manager as primary member and Director of Human Resources/Risk Management as alternate member representative to the PRISM Governing Board; and authorize the City Manager to execute all required membership agreements to bind coverage with PRISM and related carriers.

8. Approve the Consolidation, Amendment, and Reconciliation of Lewis Companies Construction Credit Reimbursement Agreements for Circulation Development Impact Fees (DIF). First Amendment to Contract No. 2025 -167 for The Preserve Circulation DIF Program and Acceptance of the Updated Circulation DIF Credit and Reimbursement Reconciliation for various project-specific development projects through May 31, 2025.

Staff Report By: Sylvia Ramos, Contracts and DIF Administrator RECOMMENDATION: 1) Approve the First Amendment to Contract No. 2025 -167, the Construction Credit and Reimbursement Agreement for The Preserve Circulation (Streets, Signals and Bridges) Development Impact Fee Program for projects constructed between 2004 and 2019, in the amount of $2,944,627.25, for a revised total contract amount not to exceed $38,076,155.62, between the City of Chino and Chino Development Corporation, a California corporation, and Chino Preserve Development Corporation, a California corporation; 2) accept the updated Circulation DIF Credit and Reimbursement Reconciliation for project -specific development projects in the amount of $10,720,544.70 through May 31, 2025; and 3) authorize the City Manager to execute all the necessary documents on behalf of the City. 3 CHINO CITY COUNCIL
APRIL 21, 2026 4

9. Purchase of Real Property at 13272 6th Street. Adopt a Resolution authorizing the Purchase and Sale of Real Property and Joint Escrow Instructions to acquire a property at 13272 6th Street.

Staff Report By: Fred Galante, City Attorney
RECOMMENDATION: 1) Adopt Resolution 2026 -026, authorizing the Purchase and Sale of Real Property and Joint Escrow Instructions (“Purchase Agreement”) to acquire a property at 13272 6th Street (“Property”) from Terri Gillette, as Successor Trustee of the Sturzenegger Family Trust, and Kent H. Cheng, as Successor Trustee of the Langdon and Jo Ann Tannehill 1992 Trust (jointly the “Owner”) in the amount of $2,500,000, including $11,000 for fees and other costs related to the sale; 2) appropriate $2,511,000 from the General Fund balance; and 3) authorize the City Manager to execute all necessary documents.

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

Mayor Ulloa
Mayor Pro Tem Burton
Council Member Comstock
Council Member Flores
Council Member Lucio
City Manager's Report
City Attorney's Report
Director's Report
Police Chief's Report
Fire Chief's Report

ADJOURN
The next Regular Meeting of the City Council will be held on Tuesday, May 5, 2026 at 6:00 p.m. (Closed Session no earlier than 4:00 p.m. if necessary) in these Council Chambers.

I, Natalie Gonzaga, City Clerk of the City of Chino, hereby declare that on Friday, April 17, 2026 this agenda was posted on the south window of Chino City Hall and this agenda together with all of the agenda reports and related documents were posted on the City’s website at www.cityofchino.org by myself or under my direction.
_______________________________________
Natalie Gonzaga, City Clerk.
4 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 21, 2026

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

SUBJECT
..titl e
Donate Life Month
..end
..body

5 6

MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 21, 2026

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

RECREATION

SUBJECT
..titl e
CHINO Days Award Recipients
..end
..body

7 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 21, 2026

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

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

8 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 21, 2026

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

SUBJECT
External Agency Report for April 21, 2026.
..end

RECOMMENDATION
..titl e
Receive and file the External Agency Report for April 21 , 2026 (Covering Meetings from February 1-28, 2026).

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

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

ISSUES/ANALYSIS
The attached Monthly Agen cy Report for April 21, 2026 , summarizes recent discussions and actions during external meetings attended by City Council Members. It focuses on items that may affect or interest the City of Chino, its residents, and its businesses. The report covers meetings held from February 1-28, 2026.

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

MONTHLY AGENCY REPORTS
APRIL 21, 2026 - Covering meetings from February 1 – February 28, 2026 Members of the Chino City Council are assigned to represent the City on several external agencies, committees, boards, and task forces. This report summarizes the actions and discussions of those entities as they may impact or be of interest to the City of Chino, its businesses, and its residents.

ANIMAL RESOURCE CENTER OF THE INLAND EMPIRE JOINT POWERS AUTHORITY Council Representative: Curtis Burton | Staff Report By: Rogelio Huerta Meeting Date: February 25, 2026
The Animal Resource Center of the Inland Empire (ARC) Board of Directors approved the Consent Calendar, which included the minutes from the January 20 special meeting and the January 28 regular meeting, as well as the Fiscal Year 2025 -26 mid-year budget adjustment based on the second-quarter update.

The Board received a formal presentation on the permanent shelter design and provided further direction to the Permanent Shelter Design Subcommittee to advance the project.

In accordance with the Joint Powers Agreement Bylaws, the Board conducted its annual reorganization, selecting City of Chino Mayor Pro Tem Burton as the new Chair and City of Montclair Mayor John Dutrey as the Vice Chair.

Next anticipated meeting date: March 25, 2026

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

Next anticipated meeting date: March 17, 2026

CHINO VALLEY CHAMBER OF COMMERCE
Council Representative: Christopher Flores | Staff Report By: Ellyse Martinez Meeting Date: February 21, 2026
On Saturday, February 21, Council Members Christopher Flores, and Marc Lucio attended the Ribbon Cutting for Code Ninjas. Also, in attendance were Assistant City Manager Jackie Melendez and Ellyse Martinez. Staff and Council were given tours of the business and Council Member Lucio presented a certificate of congratulations to the business owners. Council Member Flores said a few words of welcome to the business.

Code Ninjas is located at: 16357 E. Main St. #130, Chino CA 91708.

Next anticipated meeting date: March 17, 2026
10 MONTHLY AGENCY REPORTS – APRIL 21, 2026 (Covering Meetings from 2/1/26 – 2/28/26) PAGE 2

CHINO BASIN DESALTER AUTHORITY
Council Representative: Curtis Burton | Staff Report By: Pete Vicario Meeting Date: February 24, 2026
The Chino Basin Desalter Authority (CDA) reported that 359.904 acre-feet of water was delivered to the City of Chino in January.

The CDA Technical Advisory Committee (TAC) recommended the following, all of which were approved:
 Approval of a contract award to Advanced Industrial Services in the amount of $470,000 for the Chino I & II Coating Projects. This work includes labor, materials, and equipment required for surface preparation and coating of four steel vessels at the Chino I Desalter, as well as interior coating rehabilitation of a pellet reactor at the Chino II Concentrate Reduction Facility. Sufficient funding is available in the FY 2025/26 CIP budget.
 Approval to reject all bids received for the supply of Amberlite PWA15 and Amberlite HPR4800 CI resin, and direction to staff to rebid the project. Two bids were received; however, staff determined that both contained material deviations from the RFQ requirements. As neither submission fully complied with the solicitation documents, both were deemed non-responsive. There is no fiscal impact to the budget.  Approval of an amendment to the existing Maintenance Services Agreement with TE Roberts, Inc. in the amount of $50,000. This additional funding will provide sufficient capacity for any remainin g environmental cleanup needs through the end of the fiscal year. The additional $50,000 will be funded within the current fiscal year operating budget.

Next anticipated meeting date: March 24, 2026

CHINO BASIN WATERMASTER
Council Representative: Curtis Burton | Staff Report By: Benjamin Orosco Meeting Date: February 26, 2026
Business Item A – Calculation of Excess Cash Reserves
The Board considered the annual calculation of excess cash reserves in accordance with Watermaster Policy

4.17. Staff presented supporting documentation demonstrating that current reserve levels are within policy requirements. The Board found that no excess cash reserves exist at this time and authorized staff to continue utilizing existing reserves to fund operations until the FY 2025/26 Assessment Package process is completed and remaining assessments are received.

The board unanimously approved the staff’s recommendation to confirm that no excess cash reserves exist and to continue using existing reserves to fund operations.

Business Item B – Review of 2017 Court Order Requirements (Safe Yield Reset) The Board received a presentation and discussed the requirements outlined in the April 28, 2017, Court Order related to the Safe Yield Reset. The Court Order established specific criteria and considerations that must be 11 MONTHLY AGENCY REPORTS – APRIL 21, 2026 (Covering Meetings from 2/1/26 – 2/28/26) PAGE 3

evaluated when determining whether and how to reset the Basin’s Safe Yield, including the need to assess potential risks of undesirable results and material physical injury to the Basin.

Discussion centered on how these requirements should be interpreted and applied to the ongoing 2025 Safe Yield Reevaluation effort. Board members and staff dis cussed the balance between technical analysis and management discretion, including how various assumptions, modeling inputs, and policy considerations may influence the final Safe Yield determination. The item also reflects broader stakeholder differences regarding the appropriate approach to resetting Safe Yield, including varying perspectives on risk tolerance, basin conditions, and long-term sustainability.

This item was for discussion only, and no formal action was taken by the Board.

Next anticipated meeting date: March 26, 2026

CHINO VALLEY INDEPENDENT FIRE DISTRICT - LIAISON TO BOARD OF DIRECTORS Council Representative: Karen Comstock | Staff Report By: Linda Reich Meeting Date: February 11, 2026
Public Hearing
Ordinance 2026-01 First Reading – The Board introduced and read the ordinance first time. The ordinance increases Board Member compensation effective July 1, 2026 from $183.86 to $194.00 per meeting or service day not to exceed 10 days per calendar month.

Liaison Reports
Chino Council Member Karen Comstock provided an update on upcoming City of Chino events.

Next anticipated meeting date: March 11, 2026

CHINO VALLEY UNIFIED SCHOOL DISTRICT
Council Representative: Curtis Burton | Staff Report By: Vivian Castro Meeting Date: February 19, 2026
Action Items
Resolution 2025/2026-31, Notice of Layoff of Certain Classified Staff Pursuant to Education Code 45117 and 45298 – The Board unanimously (5-0) to adopt Resolution 2025/2026-31, Notice of Layoff of Certain Classified Staff Pursuant to Education Code 45117 and 45298.

Consent Calendar
The Board approved the following items as part of the consent calendar:
12 MONTHLY AGENCY REPORTS – APRIL 21, 2026 (Covering Meetings from 2/1/26 – 2/28/26) PAGE 4

 Ayala High School Portables Refresh Project - Rejection of all bids for Bid No. 25 -26-08I, Ayala HS “H” Portables Refresh and authorization to rebid the project.  Revision of Terms and Conditions – Revision of Terms and Conditions for the Use of District Facilities.

Information Items
The Board received information on the following items:
 Revision of Administrative Regulation 7211 - Received for information the revision of Administrative Regulation 7211 Facilities—Developer Fees.
 Revision of Board Policy 3280 – Received for information the revision of Board Policy 3280 Business and Noninstructional Operations—Sale, Exchange, or Lease of District-Owned Real Property.

Next anticipated meeting date: March 19, 2026
CHINO VALLEY UNIFIED SCHOOL DISTRICT – MEASURE G OVERSIGHT COMMITTEE Council Representative: Karen Comstock | Staff Report By: Silvia Avalos No meeting during this reporting period.

Next anticipated meeting date: April 29, 2026
CITIZEN’S COMMITTEE FOR CIM & CIW
Council Representative: Marc Lucio | Staff Report By : Aaron Kelliher No report submitted.

INLAND EMPIRE UTILITIES AGENC Y (IEUA) REGIONAL SEWERAGE COMMITTEE Council Representative: Curtis Burton | Staff Report By: Benjamin Orosco No meeting during this reporting period.

Next anticipated meeting date: March 5, 2026
LEAGUE OF CALIFORNIA CITIES – INLAND EMPIRE DIVISION
Council Representative: Marc Lucio | Staff Report By: Jackie Melendez No meeting during this reporting period.

Next anticipated meeting date: March 19, 2026
13 MONTHLY AGENCY REPORTS – APRIL 21, 2026 (Covering Meetings from 2/1/26 – 2/28/26) PAGE 5

OMNITRANS BOARD OF DIRECTORS
Council Representative: Eunice Ulloa | Staff Report By: Dennis Ralls Meeting Date: February 4, 2026
No current items to report.

Next anticipated meeting date: March 4, 2026

ONTARIO INT ERNATIONA L AIRPORT AUTHORITY (OIAA)

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

Next anticipated meeting date: TBD

SAN BERNARDINO COUNTY BOARD OF SUPERVISORS
Staff Report By: Rogelio Huerta
Meeting Date: February 10, 2026
The Board of Supervisors adjourned in memory of Bob Ulloa, a dedicated U.S. Navy veteran and long-standing Chino civic leader who was the husband of Mayor Eunice Ulloa. Mr. Ulloa was recognized for his 50 years of marriage to the Mayor and his steadfast support throughout her four decades of public service.

In administrative actions, the Board approved Item No. 7, authorizing the Department of Airports to apply for and accept Caltrans matching grants for infrastructure improvements at Chino Airport (CNO), with a total estimated project cost of $1,094,800.

Next anticipated meeting date: March 24, 2026

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

Next anticipated meeting date: April 15, 2026

SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (SBCTA) BOARD OF DIRECTORS Council Representative: Eunice Ulloa | Staff Report By: Dennis Ralls Meeting Date: February 4, 2026
14 MONTHLY AGENCY REPORTS – APRIL 21, 2026 (Covering Meetings from 2/1/26 – 2/28/26) PAGE 6

The SBCTA Board reviewed a draft ordinance and expenditure plan for a draft Measure I 3.0. Currently, Measure I is a half percent sales tax in San Bernardino County that funds transportation related operations, maintenance and improvements throughout the county. Measure I was originally approved by voters in 1989 and later extended in 2004. As the Measure has proven to be a successful means of helping fund transportation related efforts, the presentation explored the feasibility of a future ballot measure. The Board directed staff to seek approvals through the County Board of Supervisors and the Councils of all member Cities and Towns.

Next anticipated meeting date: March 4, 2026
SBCTA – CITY SELECTION CO MMITTEE
Council Representative: Eunice Ulloa | Staff Report By: Jackie Melendez No meeting during this reporting period.

Next anticipated meeting date: March 4, 2026
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS ( SCAG ) – GENERAL ASSEMBLY Council Representative: Marc Lucio | Staff Report By: Jackie Melendez No meeting during this reporting period.

Next anticipated meeting date: May 7, 2026

SANTA ANA WATERSHED ADVISORY COUNCIL
Council Representative: Karen Comstock | Staff Report By: Benjamin Orosco Meeting Date: February 3, 2026
Discussion Item- Inland Empire Brine Line Reach, City of Chino Euclid Bridge Project The Santa Ana Watershed Project Authority (SAWPA) Project Agreement 24 Committee received an informational presentation regarding the City of Chino’s proposed Euclid Avenue Bridge Project and its impacts to the Inland Empire Brine Line (Brine Line). The el evated roadway would affect approximately 5,000 feet of existing 42-inch pipeline within the Prado inundation area. SAWPA staff indicated that relocating the Brine Line, rather than protecting it in place, appears to be the more viable long -term solution, providing an opportunity to replace aging infrastructure, improve access and hydraulic capacity, and extend service life. Staff will work with the City to develop a Memorandum of Understanding (MOU) outlining roles, California Environmental Quality Act (CEQA) responsibilities, cost sharing, and design coordination. The item was received and filed with no action taken.

Next anticipated meeting date: March 3, 2026
15 MONTHLY AGENCY REPORTS – APRIL 21, 2026 (Covering Meetings from 2/1/26 – 2/28/26) PAGE 7

WATER FACILITIES AUTHORITY BOARD OF DIRECTORS
Council Representative: Curtis Burton | Staff Report By: Benjamin Orosco No meeting during this reporting period.

Next anticipated meeting date: March 19, 2026

WEST VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT
Council Representative: Chris topher Flores | Staff Report By: Vivian Castro Meeting Date: February 24, 2026
The Board approved the following items unanimously:
 Resolution No. 2026 -1: District’s Financial Reserve Policy – Specifying that the District will maintain a minimum unassigned fund balance of not less than 20% of the budgeted general fund expenditures as a reserve for economic uncertainties and vector-borne disease epidemic uncertainties.  FY 2025 -26 Mid-year Budget Adjustments – The budget was adjusted to address minor changes in revenues and expenditures, generally reflecting changes in vendor and contract costs and dues and assessments.
 Updated District Personnel Policies.
 Generative Artificial Intelligence Policy.

The Board received the following staff reports:
 November 2025 Field Operations, Vector Disease and Surveillance, and IT/Community Outreach Activities Reports
 December 2025 Field Operations, and IT/Community Outreach Activities Reports  January 2026 Field Operations, and IT/Community Outreach Activities Reports  Administrative Report
 2025 Annual Report
Election of Board Officers and Committee Selections - The Board voted unanimously to retain current officers and to accept the following assignments:
 President - Paul Leon
 Vice President - Gary George
 Secretary - Carolyn Raft
 Finance and Budget Committee - Trustee Johsz and Vice-President George  Personnel Committee - Trustee Johsz and Vice-President George  Insurance Committee - Secretary Raft and Trustee Breitling Next anticipated meeting date: March 24, 2026
16 MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 21, 2026

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

SUBJECT
..titl e
Warrants.
..end

RECOMMENDATION
Approve expenses as audited and within budget for warrants 7774195 to 7775108, and Electronic Fund Transfers 526195E to 526293E, totaling $2,594,091.35. ..body

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

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

Revenue:

ExE - penditure:
17 CITY COUNCIL MEETING DATE: APRIL 21, 2026
TITLE: WARRANTS.

PAGE: 2

BACKGROUNDE
As prescribed by Government Code Sections 37202 and 37208, the following demand registers are herewith submitted for Council ratification:

NO. WARRANTS CHECK DATE FY AMOUNT

1. 7774195 – 7775030 03/26/26 25-26 $988,190.59

2. 7775031 – 7775108 04/02/26 25-26 $384,138.62

3. 526195E – 526248E 03/27/26 25-26 $689,367.84

4. 526249E 03/27/26 25-26 $265,956.62

5. 526251E – 526293E 04/03/26 25-26 $266,437.68

TOTAL $2,594,091.35

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

Attachment

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

Check Date Check
Number Vendor Name Description Amount
03/26/2026 7774915 ALESHIRE & WYNDER LLP CITY ATTORNEY $88,781.63 7774930 BUTIER ENGINEERING, INC CONSTRUCTION SERVICES $87,057.00 7774994 PACIFIC HYDROTECH CORPORATION CONSTRUCTION SERVICES $524,062.75 7775026 WEST COAST ARBORISTS INC LANDSCAPE MAINTENANCE $74,380.00 03/27/2026 526202 BIGGS CARDOSA ASSOCIATES, INC. PINE AVE. DESIGN SERVICES $158,794.69 526204 C.E. MECHANICAL, INC. CITYWIDE HVAC MAINTENANCE $64,261.00 526223 INLAND EMPIRE UTILITIES AGENCY NONRECLAIMABLE WASTEWATER $120,480.72 526227

LANDSCAPE WEST MANAGEMENT
SERVICES, INC. LANDSCAPE MAINTENANCE $62,950.00
526249 WATER FACILITIES AUTHORITY IMPORTED WATER PURCHASE $265,956.62 04/02/2026 7775075 M K SMITH CHEVROLET FLEET CHEVROLET PARTS & SERVICE $63,248.12 04/03/2026 526254 BIGGS CARDOSA ASSOCIATES, INC. EUCLID BRIDGE DESIGN SERVICES $54,334.75 526257 BUREAU VERITAS NORTH AMERICA, INC. GENERAL PLAN CHECK SERVICES $90,937.76

TOTAL $1,655,245.04

19 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 21, 2026

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

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

20 CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

REGULAR MEETING - CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, APRIL 7, 2026

MINUTES
CLOSED SESSION – 4:30 PM
OPEN SESSION – 6:00 PM
_________________________________________________________________________________

CALL TO ORDER
The April 7, 2026, Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 4:32 p.m. by Mayor Eunice M. Ulloa in the Council Chambers.

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

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

CLOSED SESSION PUBLIC COMMENTS
There were no requests to speak.

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

1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Paragraph (2) of Subdivision (d) of Government Code Section 54956.9. Number of Cases: One Case

2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Paragraph (4) of Subdivision (d) of Government Code Section 54956.9. Number of Cases: One Case

3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to Government Code 54956.8
Property: APN: 1014-281-04; NEC of Central & Francis Ave. Chino Agency Negotiator: Linda Reich, City Manager or her designee; Negotiating Parties: Dave Kuo
Under Negotiation: Price and Terms of Potential Acquisition

4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to Government Code 54956.8
Property: APN: 1014-281-03 5412 Francis Ave and 1014-281-08 0 Francis Ave. 21 CHINO CITY COUNCIL
APRIL 7, 2026 2
Agency Negotiator: Linda Reich, City Manager or her designee; Negotiating Parties: Grand West Coast Investment, LLC
Under Negotiation: Price and Terms of Potential Acquisition The City Council recessed to Closed Session at 4:34 p.m. and concluded at 5:56 p.m. The City Council reconvened the meeting at 6:05 p.m.

FLAG SALUTE
Eagel Scout Dresdon Rose, Troop 202, led the Pledge of Allegiance.

Mayor Ulloa presented Dresdon Rose with a Certificate of Recognition from the City Council for achieving the rank of Eagle Scout.

CEREMONIALS
Proclamations
Autism Awareness Month - Proclaim April 2026 as Autism Awareness Month in the City of Chino.

Mayor Ulloa read the Autism Awareness Month proclamation into the record and presented it to Melissa Cardona, Senior Resource Specialist, Autism Society Inland Empire, Felicia Guzman, CEO/Founder, Adrian's World Inc., and Dane D'Antuono, CSPR Coordinator.

Child Abuse Prevention Month - Proclaim April 2026 as Child Abuse Prevention Month in the City of Chino.

Mayor Ulloa read the Child Abuse Prevention Month proclamation into the record and presented it to Kari Franco, CSPR Supervisor, and Xeneida Brown, Children's Network, Child Abuse Prevention Coordinator.

National Public Safety Telecommunicators Week - Proclaim April 12 - 18, 2026 as National Public Safety Telecommunicators Week.

Mayor Ulloa read the National Public Safety Telecommunicators Week proclamation into the record and presented it to Police Chief Mensen and the Public Safety Dispatchers.

Presentations
Chino Police Department Annual Department Awards - Recognition of Police Officer of the Year Corporal Alex Courtney, Professional Staff Member of the Year Police Service Officer Marissa Zendejas, and Chief's Award of Distinction Corporal Alex Wright.

Mayor Ulloa and Police Chief Mensen presented Certificates of Recognition to the Chino Police Department Annual Awards recipients Police Officer of the Year Corporal Alex Courtney, Professional Staff Member of the Year Police Service Officer Marissa Zendejas, and the Chief's Award of Distinction Corporal Alex Wright.

Mayor’s Home Beautification Award - Award of Mayor’s Home Beautification Award for April 2026.

Mayor Ulloa presented the Mayor's Home Beautification Award for April 2026 to Delia Phillips of Walnut Avenue in Chino.
22 CHINO CITY COUNCIL
APRIL 7, 2026 3

REPORT OUT OF CLOSED SESSION
City Attorney Fred Galante reported out of closed session as follows, noting Mayor Ulloa recused herself from Closed Session items 3 and 4, and was present for Items 1 and 2.

1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Paragraph (2) of Subdivision (d) of Government Code Section 54956.9. Number of Cases: One Case
The City Council received a briefing and no further reportable action was taken.

2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Paragraph (4) of Subdivision (d) of Government Code Section 54956.9. Number of Cases: One Case
The City Council received a briefing, provided direction, and no further reportable action was taken.

3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to Government Code 54956.8
Property: APN: 1014-281-04; NEC of Central & Francis Ave.

Chino Agency Negotiator: Linda Reich, City Manager or her designee; Negotiating Parties: Dave Kuo
Under Negotiation: Price and Terms of Potential Acquisition Mayor Ulloa was not present and did not participate in the discussion. The balance of the City Council received a briefing, and no further reportable action was taken.

4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to Government Code 54956.8
Property: APN: 1014-281-03 5412 Francis Ave and 1014-281-08 0 Francis Ave.

Agency Negotiator: Linda Reich, City Manager or her designee; Negotiating Parties: Grand West Coast Investment, LLC
Under Negotiation: Price and Terms of Potential Acquisition Mayor Ulloa was not present and did not participate in the discussion. The balance of the City Council held a discussion, and no further reportable action was taken.

AGENDA ADDITIONS/REVISIONS
City Manager Linda Reich reported there were no additions or revisions to the agenda.

PUBLIC ANNOUNCEMENTS
Mayor Ulloa announced the upcoming State of the City Presentation on April 14 and the Kiwanis Corn Feed Run Car Show and Cruise on April 25.

PUBLIC COMMENTS
Pastor Don Porter, Crosspoint Church, provided the invocation.

Melissa Compani, Representative, Fourth District San Bernardino County Supervisor Curt Hagman, announced upcoming community events.
23 CHINO CITY COUNCIL
APRIL 7, 2026 4
Alex Lopez, Reach Out, provided an introduction and spoke regarding 7 -Hydroxymitragynine (7-OH) substance concerns and availability in the City.

Donna Marchesi, spoke regarding the Animal Resource Center of the Inland Empire (ARC) concerns.

Maureen Moe Mendoza, submitted two written requests, which were saved to the meeting record. She spoke regarding ARC concerns.

Bob Nigg, submitted a written request, which was saved to the meeting record. He spoke regarding the housing element and density concerns.

CONSENT CALENDAR

1. Warrants. Approve expenses as audited and within budget for warrants 7774710 to 777914, and Electronic Fund Transfers 526099E to 526194E, totaling $3,258,328.16.

2. Minutes. Approve Minutes for Regular Meeting on March 24, 2026 (All Members Present).

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

Item No. 4 was pulled from the Consent Calendar for a public comment.

5. 2025 Chino Climate Action Plan Annual Report. Receive and file the 2025 Chino Climate Action Plan Annual Progress Report.

6. Director of Development Services Classification. Adopt Resolution No. 2026-021 approving the updated job description for the Director of Development Services Classification.

7. Amendment to the Memorandum of Understanding between the City of Chino and the American Federation of State, County and Municipal Employees (AFSCME). Adopt Resolution No. 2026-022 approving Memorandum of Understanding Amendment No. 1 between the City of Chino and the American Federation of State, County and Municipal Employees (AFSCME) to update Exhibit A, Uniforms.

8. Live Entertainment Permit Renewal for Casa Diaz. Approval of a renewal Live Entertainment Permit for Casa Diaz at 7041 Schaefer Avenue for a period of 12 months, subject to quarterly review of satisfactory compliance with terms, conditions, and restrictions of permit.

9. Notice of Completion for Rehabilitation of Wells 12, 14, and 17 (WA212 & WA214) with General Pump Company, Inc. Accept work performed for Rehabilitation of Wells 12, 14, and 17 with General Pump Company as complete; authorize the Director of Public Works to file the Notice of Completion on behalf of the City of Chino; and authorize the release of retention funds.

Motion by Mayor Pro Tem Burton, seconded by Council Member Lucio, to approve the Consent Calendar Items 1-3 and 5-9 as presented; with item 4 pulled for separate action.

The motion carried by the following vote:

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

ABSENT: NONE.
24 CHINO CITY COUNCIL
APRIL 7, 2026 5

ITEM PULLED FROM CONSENT CALENDAR

4. 2025 General Plan and Housing Element Annual Report Receive and file the 2025 General Plan and Housing Element Annual Reports which will subsequently be filed with the Governor's Office of Planning and Research and the California Department of Housing and Community Development.

Bob Nigg, spoke regarding concerns with the City's housing element, noting discrepancies in the number of vacant sites and units listed on Table B2.

Warren Morelion, Director of Development Services, clarified that the table represents projects that have been constructed or are in process of being constructed. There are cases where the City entitles projects that are never constructed, therefore all entitled projects would not be reported.

Motion by Council Member Comstock, seconded by Council Member Lucio, to approve Consent Calendar Item 4 as presented. The motion carried by the following vote:

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

ABSENT: NONE.

PUBLIC HEARING

10. Assembly Bill (AB) 481 - Funding, Acquisition, and Use Policy. Public Hearing and approval of the Chino Police Department's "Military Equipment" Use Policy per the requirements of Assembly Bill (AB) 481.

Staff Report By: Cpl. Matthew Navarro and Chief Kevin Mensen RECOMMENDATION: 1) Conduct a Public Hearing and 2) approve the introduction of Ordinance No. 2026 -003, approving the Chino Police Department's "Military Equipment" Use Policy per the requirements of Assembly Bill (AB) 481, to be read by number and title only and waive further reading of the ordinance.

Mayor Ulloa opened the public hearing.

Police Chief Mensen and Corporal Matthew Navarro, provided a presentation on the item.

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

Motion by Mayor Pro Tem Burton, seconded by Council Member Comstock, to 1) Conduct a Public Hearing and 2) approve the introduction of Ordinance No. 2026 -003, approving the Chino Police Department's "Military Equipment" Use Policy per the requirements of Assembly Bill (AB) 481, to be read by number and title only and waive further reading of the ordinance. The motion carried by the following vote:

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

ABSENT: NONE.
25 CHINO CITY COUNCIL
APRIL 7, 2026 6

NEW BUSINESS

11. Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2025. Receive and file the City of Chino's Annual Comprehensive Financial Report for Fiscal Year 2024-25.

Staff Report By: Kim Sao, Director of Finance and Ahmed Badawi, Partner, Badawi & Associates
RECOMMENDATION: Receive and file the City of Chino’s Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2025.

Kim Sao, Director of Finance introduced Ahmed Badawi, Partner, Badawi & Associates, who provided a presentation. An updated copy of the Annual Comprehensive Financial Report was provided to the City Council and saved to the meeting record.

Mayor Ulloa inquired about the timeline of the completion of the Annual Comprehensive Financial Report. Ms. Sao noted the FY 2024 -25 audit delays were the result of department vacancies and updated audit standards. Ms. Sao assured the goal is to complete the next audit within the required deadline.

Motion by Council Member Lucio, seconded by Council Member Comstock, to Receive and file the City of Chino's Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2025. The motion carried by the following vote:

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

ABSENT: NONE.

12. Fiscal Year 2025 -26 Midyear Budget Review. Adopt Resolution No. 2026 -023 to Approve the Midyear Budget Adjustments for Fiscal Year 2026-26.

Staff Report By: Kim Sao, Director of Finance
RECOMMENDATION: Adopt Resolution No. 2026 -023, authorizing the FY 2025 -26 Midyear Budget adjustments as detailed in Exhibits A and B, including approval of contract amendments outlined in Exhibit C.

Kim Sao, Director of Finance, and Sheri Beckett, Budget Manager, provided a presentation.

Maureen Moe Mendoza, inquired about the allocation for the Animal Resource Center of the Inland Empire.

Motion by Mayor Pro Tem Burton, seconded by Council Member Lucio, to Adopt Resolution No. 2026 -023, authorizing the FY 2025 -26 Midyear Budget adjustments as detailed in Exhibits A and B, including approval of contract amendments outlined in Exhibit C. The motion carried by the following vote:

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

ABSENT: NONE.
26 CHINO CITY COUNCIL
APRIL 7, 2026 7

MAYOR AND COUNCIL REPORTS
Mayor Ulloa
Mayor Ulloa reported on the Watermaster Agriculture meeting; Watermaster Board of Director's meeting; Chino Hills City Manager Ben Montgomery Retirement Celebration; Northgate Gonzalez Market Grand Opening; Congresswoman Norma Torres check presentation for the Chino Valley Innovation Center; Omnitrans Board of Director's meeting; SBCTA Board of Directors meeting; Senior Birthdays Celebration; West End Regional Navigation Center Groundbreaking event; California Institution for Men meeting; and Closed Session.

Mayor Pro Tem Burton
Mayor Pro Tem Burton reported on the Animal Resource Center of the Inland Empire Board meeting; Ruben S. Ayala Park Batting Cages Grand Reopening; meeting with resident; Chino Basin Watermaster Board meeting; Chino Basin Desalter Authority Finance meeting; Baker to Vegas Relay Race; Northgate Gonzalez Market Grand Opening; Chino Basin Desalter Authority Board of Directors meeting; IEUA Regional Sewerage Policy Committee meeting; West End Regional Navigation Center Groundbreaking event; City Manager meeting; and Closed Session.

Council Member Comstock
Council Member Comstock reported on the Congresswoman Norma Torres check presentation for the Chino Valley Innovation Center.

Council Member Flores
Council Member Flores reported on the grand openings of Liv Coffee, Rustic Chic Cafe, and Northgate Gonzalez Market; and the Congresswoman Norma Torres check presentation for the Chino Valley Innovation Center.

Council Member Lucio
Council Member Lucio reported on the Northgate Gonzalez Market Grand Opening; and the California Institution for Men meeting.

City Manager's Report
City Manager Reich reported on the Annual Comprehensive Financial Report completion timeline; and the Chino Outreach & Resident Engagement (C.O.R.E.) Academy.

City Attorney's Report
City Attorney Galante had no report.

Director's Report
Hye Jin Lee, Director of Public Works, provided an update on the completed Turnkey Turf Transformation Project at City Hall and shared regarding light poles at Ruben S. Ayala Park that were removed and will be replaced to ensure structural integrity.

Silvia Avalos, Director of Community Services, Parks & Recreation, announced that the Chino Days event has been cancelled due to the anticipated rain, and noted that staff is exploring the possibility of rescheduling for a later date.
27 CHINO CITY COUNCIL
APRIL 7, 2026 8
Police Chief's Report
Police Chief Mensen provided an update regarding the Baker to Vegas Relay Run; the "You Are Not Alone" Project; and issued a community warning following a jewelry -theft incident at the Chino Spectrum.

Fire Chief's Report
Fire Chief Williams announced the Chino Valley Fire Foundation Bike and Hot Rod Car Show on May 30, 2026 and the Chino Valley Fire Ops 101 on April 10, 2026. He provided an update regarding the City of Ontario warehouse fire.

Mayor Ulloa announced the meeting will be adjourned in memory of Los Angeles County Sheriff Deputy Levi Vargas.

ADJOURN
The meeting adjourned at 8:35 p.m. in memory of Deputy Levi Vargas. The next Regular Meeting of the City Council will be held on Tuesday, April 21, 2026 at 6:00 p.m. (Closed Session no earlier than 4:00 p.m. if necessary) in these Council Chambers.

APPROVED AND ADOPTED THIS 21ST DAY OF APRIL 2026.
________________________________
EUNICE M. ULLOA, MAYOR
ATTEST:
________________________________

NATALIE GONZAGA, CITY CLERK
**************************************************
(These minutes are not official until signed.)
28 CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

SPECIAL MEETING - CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710

CHAFFEY COLLEGE CHINO COMMUNITY CENTER
5890 COLLEGE PARK AVENUE
CHINO, CA 91710

TUESDAY, APRIL 14, 2026

MINUTES
3:30 PM

CALL TO ORDER
The April 14, 2026 Special Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 3:33 p.m. by Mayor Pro Tem Curtis Burton in the Council Chambers.

ROLL CALL

PRESENT: Mayor Pro Tem Curtis Burton, Council Member Karen C. Comstock, Council Member Christopher Flores, and Council Member Marc Lucio Mayor Eunice M. Ulloa (Arrived at 6:00 p.m.)
ABSENT: NONE.

PUBLIC COMMENT
There were no requests to speak.

ADJOURN
Mayor Pro Tem Burton adjourned the Special Meeting of the City Council at 3:34 p.m. to the presentation of the State of the City, beginning at 6:00 p.m., located at the Chaffey College Chino Community Center, 5890 College Park Avenue, Chino, CA 91710.

Pursuant to the requirements set forth by the Brown Act (California Government Code Section 54950, et. seq.) the State of the City was streamed live at no cost on YouTube, available at www.CityofChino.org/SOTC, and shown live at City Hall Council Chambers, located at 13220 Central Avenue, Chino, CA 91710, on Tuesday, April 14, 2026 at 6:00 p.m.

NEW BUSINESS

1. City of Chino State of the City Presentation. State of the City Presentation. 29 CHINO CITY COUNCIL
APRIL 14, 2026 2

RECOMMENDATION: That the Chino City Council conduct the State of the City presentation.

Mayor Ulloa presented the State of the City at the Chaffey College Chino Community Center.

ADJOURN
The State of the City presentation adjourned at 7:13 p.m. at the Chaffey College Chino Community Center. The next Regular Meeting of the City Council will be held on Tuesday, April 21, 2026 at 6:00 p.m. (Closed Session no earlier than 4:00 p.m. if necessary) in these Council Chambers.

APPROVED AND ADOPTED THIS 21ST DAY OF APRIL 2026.

CURTIS BURTON, MAYOR PRO TEM
ATTEST:

NATALIE GONZAGA, CITY CLERK

**************************************************
(These minutes are not official until signed.)
30 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 21, 2026

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

SUBJECT
..titl e
Elected City Officials’ Report Regarding Travel, Training, and Meetings.

..end

RECOMMENDATION
Receive and file the Elected City Officials’ Report reflecting City Council business related expenses incurred by the City.

..body

FISCAL IMPACT
Sufficient funding is available in the adopted Fiscal Year 2025-26 Operating Budget.

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

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

Revenue:

Expenditure: 1002000-43320
Transfer In: Transfer Out:
31 CITY COUNCIL MEETING DATE: APRIL 21, 2026
TITLE: ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL, TRAINING, AND MEETINGS.

PAGE: 2

BACKGROUND
In accordance with Government Code Sections 53232.2 and 53232.3, implementing Assembly Bill (AB) 1234 on January 1, 2006, the City adopted Resolution No. 2005 -093 establishing a Business-Related Expense Policy. On December 6, 2016, the City approved Resolution No. 2016-075 adopting the latest revisions to this policy. In addition to requiring local agenci es to adopt a business-related expense policy, AB 1234 requires that Elected Officials provide a brief report on meetings attended at the expense of the local agency at the next regular meeting of the legislative body.

ISSUES/ANALYSIS
In response to AB 1234, a report regarding Elected City Officials’ Travel, Training, and Meetings (Exhibit A) was created and is placed on the City Council Agenda Consent Calendar, as needed. The documents that pertain to the items listed on Exhibit A are available for publi c inspection at the City Clerk’s office located in City Hall at 13220 Central Avenue, Chino, CA.

Attachment – Exhibit A

32 4/21/2026 City Council Meeting

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

33 MEMORANDUM

CITY OF CHINO

POLICE DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 21, 2026

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

SUBJECT
..titl e
Adoption of Ordinance No. 2026-003.
..end

RECOMMENDATION
Adopt Ordinance No. 202 6-003, approving the Chino Police Department's "Military Equipment" Use Policy (Second Reading).
..body

FISCAL IMPACT
There is no fiscal impact.

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

Revenue:

Expenditure:

Transfer In: Transfer Out:
34 CITY COUNCIL MEETING DATE: APRIL 21, 2026
TITLE: ADOPTION OF ORDINANCE NO. 2026-003.

PAGE: 2

BACKGROUND
This matter was introduced on first reading by the City Council at their April 7, 2026 meeting.

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

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

ISSUES/ANALYSIS
ORDINANCE NO. 2026-003:

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

Attachment – Ordinance 2026-003

35 ORDINANCE NO. 2026-003

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CHINO, CALIFORNIA APPROVING THE UPDATED CHINO
POLICE DEPARTMENT’S MILITARY EQUIPMENT USE POLICY
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (creating Government Code Section 7070, et seq.), relating to use of military equipment by California law enforcement agencies; and
WHEREAS, AB 481 seeks to provide transparenc y, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used; and
WHEREAS, the Chino Police Department is in possession of certain items of equipment that qualify under the broad definition of “military equipment” under AB 481; and WHEREAS, AB 481 requires that a law enforcement agency possessing and using such qualifying equipment prepare a publicly released and written military equipment use policy document covering the inventory, description, purpose, use, acquisition, maintenance, fiscal impacts, procedures, training, oversight, and complaint process, applicable to the Department’s use of such equipment; and
WHEREAS, Lexipol Policy 70 5 “The Use of Military Equipment as defined by AB 481,” was published on the Chino Police Department’s internet website on February 12, 2026. The same was presented to Chino City Council on April 7, 2026 and adopted on April 21, 2026; and WHEREAS, the Policy and supporting information must be approved by the governing body by ordinance, and reviewed annually; and
WHEREAS, on March 16, 2026, the City Police Department published on the Chino Police Department’s internet website the opportunity for any members of the public to attend a community engagement meeting on Friday, March 27, 2026, at 5:00 p.m. in the Chino Police Department Community Room and discuss the proposed updates to the Military Equipment Use Policy; and
WHEREAS, the City Council of the City of Chino, having received the information required under AB 481 regarding the Chino Police Department’s use of “military equipment” as defined in said law, deems it to be in the best interest of the City to approve updates to the Military Equipment Use Policy as set forth herein.

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

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

SECTION 2. City Council hereby approves and adopts the following:
36 Military Equipment Policy.
(a) The City Council has made the following determinations:
(1) The military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;
(2) The proposed updated military equipment use policy attached hereto as Exhibit “A” (“Policy”) will safeguard the public’s welfare, safety, civil rights, and civil liberties; (3) The equipment described in the Policy is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety (if any);
(4) Prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying Policy, corrective action has been taken to remedy nonconforming uses and ensure futur e compliance by way of the adoption of the Policy by this Ordinance.
(b) The Chino Police Department has made the Policy available on the Police Department’s website for at least 30 days prior to the public hearing concerning the military equipment at issue and described in the Policy and provided an opportunity for any members of the public to attend a community engagement meeting on Monday, March 27, 2026, at 5:00 p.m. in the Chino Police Department Community Room and discuss the proposed updates to the Military Equipment Use Policy.
(c) The Policy was considered by the City Council as an agenda item in an open session of a regular meeting, noticed in accordance with the Ralph M. Brown Act, at which public comment was permitted.
(d) The Policy shall be made publicly available on the Police Department’s website for as long as the military equipment is available for use.
(e) The Chino Police Department shall submit an annual military equipment report to the City Council, containing the information required in Government Code Section 7072, and the City Council shall determine whether each type of military equipment identified in that report has complied with the standards for approval set forth in (a)(1)-(4) above. (f) The City Council shall review this Ordinance, and vote on whether to renew it, on an annual basis at a regular meeting, in accordance with Government Code Section 7071(e)(2). (g) The City Council approves the use of the Policy and finds that it satisfies the requirements of Government Code Section 7070(d).

SECTION 3. The City Council hereby authorizes and directs the Mayor and the City Clerk to execute this Ordinance on behalf of the City of Chino forthwith upon its adoption.

SECTION 4. The Deputy City Clerk shall certify as to the passag e of this Ordinance and shall cause the same to be published and/or posted at the designated locations in the City of Chino.
37 SECTION 5. This ordinance shall become effective thirty (30) days following its adoption.

PASSED, APPROVED, AND ADOPTED this 21st day of April, 2026.

Eunice M. Ulloa, Mayor
ATTEST:

City Clerk

Attachments incorporated by reference:

1. Exhibit A — Lexipol Policy 705 “Military Equipment”

2. Exhibit B — Military Equipment Inventory as of February, 2026

38 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §

CITY OF CHINO )

I, Natalie Gonzaga, City Clerk of the City of Chino do hereby certify that the foregoing Ordinance of the City of Chino was duly adopted by said City Council at a regular meeting held on th e 21st day of April 2026 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

By:

NATALIE GONZAGA, CITY CLERK

39 POLICY 705
705: The use of "Military Equipment" as defined
by AB481
STATE

MODIFIED
705.1: PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of "military equipment" as defined by Government Code § 7070; Government Code § 7071, and Government Code § 7072. The Chino Police Department does not use equipment obtained from the military. All equipment obtained and used by the Chino Police Department is designed for municipal police services.

STATE
705.1.1: DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
 Unmanned, remotely piloted, powered aerial or ground vehicles.  Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.
 High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.
 Tracked armored vehicles that provide ballistic protection to their occupants.  Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.  Weaponized aircraft, vessels, or vehicles of any kind.  Battering rams, slugs, and breaching apparatuses that are explosive in nature.

This does not include a handheld, one-person ram.
 Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
 Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.  Any firearm or firearm accessory that is designed to launch explosive projectiles.  Noise-flash diversionary devices and explosive breaching tools.  Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
 Area denial electroshock devices, microwave weapons, water cannons, long- range acoustic devices (LRADs), acoustic hailing devices, and sound cannons. 40  Kinetic energy weapons and munitions.
 Any other equipment as determined by a governing body or a state agency to require additional oversight.

STATE
705.2: POLICY
It is the policy of the Chino Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment.

BEST PRACTICE

MODIFIED
705.3: MILITARY EQUIPMENT COORDINATOR
The Chief of Police designates the Professional Standards Unit to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
a. Acting as liaison to the governing body for matters related to the requirements of this policy.
b. Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
c. Conducting an inventory of all military equipment annually. d. Collaborating with any allied agency that may use military equipment within the jurisdiction of Chino Police Department (Government Code § 7071). e. Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
f. Preparing the annual military equipment report for submission to the Chief of Police and insuring that the report is made available on the department website (Government Code § 7072).
g. Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.

STATE
705.4: APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted t o the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military 41 equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
a. Requesting military equipment made available pursuant to 10 USC § 2576a. b. Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
c. Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
d. Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. e. Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
f. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
g. Acquiring military equipment through any means not provided above.

STATE

MODIFIED
705.5: COORDINATION WITH OTHER JURISDICTIONS

Military equipment used by any member of this jurisdiction shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdic tion shall comply with their respective military equipment use policies in rendering mutual aid.

AGENCY CONTENT
705.6: MAINTENANCE OF MILITARY USE SUPPLY LEVELS
When stocks of military equipment have reached low levels, the Department may order up to 30% of stock in a fiscal quarter without City Council's pre -approval to maintain essential availability for the police department's needs.

AGENCY CONTENT
705.7: COMPLIANCE
The Professional Standards Unit will ensure that all Department members comply with this policy. The Professional Standards Unit will conduct an annual audit. The Chief of Police or the authorized designee will be notified of any policy violations and, if needed, the violation(s) will be referred to the Professional Standards Unit and handled in accordance with the Personnel Complaints Policy. All instances of non -compliance will be reported to Chino City Council via the annual military equipment report. 42 Any member of the public can register a question or concern regarding military use equipment by contacting the Chino Police Department via email at [email protected], which will be routed to the Professional Standards Unit. A response to the question or concern shall be completed by the Department in a timely manner.

Any member of the public can submit a complaint to any member of the Department and in any form (i.e. in person, telephone, email, etc.). Once the complaint is received, it should be routed to the Professional Standards Unit in accordance with Personnel Complaints Policy.

STATE
705.8: ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information req uired by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory.

STATE

MODIFIED
705.9: COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual "Military Equipment" report, the Department shall hold at least one well -publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

STATE

MODIFIED
705.10: MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department

43 “MILITARY EQUIPMENT” as defined by AB 481 as of February 2026

1. Unmanned, remotely piloted, powered aerial or ground vehicles (Category 1) a. Description, quantity, capabilities, and purchase cost:
i. DJI PHANTOM 4 PRO, cost: approximately $800 each, quantity: 2. UAS that weighs approximately 3 pounds and has video recording capabilities, approximately 30 minutes of flight time.
ii. DJI MAVIC 2 ENTERPRISE ADVANCED, cost: approximately $3,500 each, quantity: 2. UAS that weighs approximately 2.5 pounds has infrared capability and is able to record video with approximately 30 minutes of flight time.
iii. DJI MAVIC AIR, cost: approximately $700 each, quantity: 2. UAS that weighs approximately 1 pound and is able to record video and audio with approximately 20 minutes of flight time.
iv. DJI Avata, cost: approximately $1300 each, quantity 1. UAS weighs approximately 2 pounds and is used to fly i ndoors. The Avata is able to record video and audio with approximately 20 minutes of flight time. v. DJI Mavic 3T, cost: Approximately $5500 each, quantity 3. UAS weighs approximately 2.5 pounds , has infrared capability and is able to record video with approximately 35 minutes of flight time.
b. Purpose: To be deployed when its view would assist officers or incident commanders with the following situations, in compliance with FAA regulations and with respect for constitutional rights and privacy, which include but are not limited to: Crime scene documentation, traffic collision scene documentation, searches for missing persons, disaster response, searches for suspects who are believed to be hiding within a defined incident perimeter, in support of search warra nt or tactical operations such as barricaded suspects, mapping of critical infrastructure for Homeland Security purposes, security operations at larger public gatherings, where images are not recorded except for criminal behavior, critical incident management, enforcement of City Municipal Codes related to Health and Safety, such as fireworks, aerial imaging services to other units of government. c. Authorized Use : Only assigned operators who have completed the required training shall be permitted to operate UAS equipment during approved missions. d. Expected Life Span: All UAS equipment, approximately 3-5 years. e. Fiscal Impact : Annual maintenance and battery replacement cost is approximately $400.
f. Training: All Department UAS operators are licensed by the Fede ral Aviation Administration for UAS operation. In addition, each operator must attend a 40-hour department training and ongoing quarterly training.
g. Legal and Procedural Rules : Use is established in the Unmanned Aerial System’s Policy and FAA Regulation 14 CFR Part 107. It is the policy of the Chino Police Department to utilize UAS only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.

2. Unmanned, remotely piloted, powered aerial or ground vehicles (Category 1) 44 a. Description, quantity, capabilities, and purchase cost:
i. ICOR Mini -Caliber robot, cost: approximately $80,000, quantity: 1.

Designed for rapid tactical missions, the robot is simple to operate and quick to deploy for searching rooms, hallways, stairwells, and confined spaces. With rubber tracks and articulating front and rear flippers, the Mini- CALIBER effortlessly climbs stairs. It also includes an extendible rotating claw arm that simplifies opening door handles.
ii. Recon Robotics, Throwbot XT, cost: approximately $12,000 each, quantity:

2. The Throwbot® XT is a throwable, mobile micro-robot that provides both audio and video reconnaissance of dangerous environments. Personnel can use the new micro -robot to quickly gain situational awareness during high-risk operations and surveillance missions.
iii. Recon Robotics, Throwbot® 2 (TB2), cost: $16,270 each, quantity: 1. The robot is a throwable micro-robot platform that enables operators to obtain instantaneous video and audio re connaissance within indoor or outdoor environments.
b. Purpose: To be deployed when its capabilities would assist officers or incident commanders when dealing with tactical or lifesaving operations. The robot can be directed to move through a structure and transmit real-time video and audio. These reconnaissance features can locate and identify subjects, confirm presence of hostages, and reveal building layout. These robotic technologies may be used in many different circumstances including but not limited to:

Searches for suspects who are believed to be hiding within a defined incident perimeter, in support of search warrant or tactical operations such as barricaded suspects, hostage rescue incident, crisis negotiations, disaster response.
c. Authorized Use: These robotic technologies are primarily used by trained SWAT officers, however, may be utilized by additional personnel as needed. d. Expected Life Span: Approximately 5-10 years.
e. Fiscal Impact: Warranties for these products are limited (2 years). Main tenance costs are then considered out of pocket and can range from $500 and up for repairs.
f. Training: While not required by law, specialized training in the utilization of these devices is recommended. SWAT personnel train with these devices regularly and maintain their serviceability.
g. Legal and Procedural Rules: It is the policy of the Chino Police Department to utilize a robot only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.

3. Command and Control Vehicles (Category 5)
a. Description, quantity, capabilities, and purchase cost:

LENCO BEARCAT, G2, cost: approximately $273,000, quantity: 1. The Lenco Bearcat, G2, is an armored vehicle that seats 10-12 personnel with open floor plan that allows for rescue of downed personnel or civilians. The Bearcat G2 has increased ground clearance and a robust suspension which allows for an emergency response to almost any situation. It can stop various projectiles, which 45 provides greater safety to the community and officers beyond the protection level of shield and personal body armor.
b. Purpose: To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents.
c. Authorized Use: The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trai ned in their deployment and in a manner consistent with department policy and training. d. Lifespan: Lenco Bearcat model G2, approximately 15 years. e. Fiscal Impact: Annual maintenance cost of approximately $1,000. f. Training: All driver/operators shall attend formalized instruction and be trained in vehicle operations and practical driving instruction.
g. Legal and Procedural Rules: Use is established in the Vehicle Use Policy. It is the policy of the Department to utilize armo red vehicles only for official law enforcement purposes, and pursuant to State and Federal law.

4. Command and Control Vehicles (Category 5)
a. Description, quantity, capabilities, and purchase cost:

Mobile Command Center (MCC): A 2002 Workhorse RV, cost: appr oximately $195,000, quantity: 1. The MCC is a retrofit recreational vehicle containing a mobile office that provides shelter, access to police department computer systems, and restroom facilities for extended events. The MCC can also be utilized for SWAT/CNT and other critical incidents, preplanned large events, searching for missing persons, natural disasters, and community events. b. Purpose: To be used based on the specific circumstances of a given critical incident, large event, operations, natural disaster, or community event. c. Authorized Use: The MCC shall be used by officers trained in its deployment and in a manner consistent with department policy and training. d. Lifespan: Approximately 15 -year lifespan on chassis and vehicle structure.

Upgrades needed to maintain IT systems.
e. Fiscal Impact: Annual maintenance cost is approximately $3,500. f. Training: The driver/operator shall receive training in the safe handling of the vehicle on a closed training course. Once the driver/operator has shown competence in vehicle handling, they will be allowed to deploy the vehicle for department authorized use.
g. Legal and Procedural Rules : Use is established in the Crisis Response Unit Policy. It is the policy of the Department to use the MCC only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.

5. Command and Control Vehicles (Category 5)
46 a. Description, quantity, capabilities, and purchase cost:
b. Tactical Response Vehicle (TRV) : A 2017 Chevrolet Suburban on a 3500 Chassis, cost: approximately $83,000, quantity: 1. The TRV is used as a mobile command and control vehicle for extended operations and critical incidents. The TRV is outfitted with specialized equipment to support field personnel and incident commanders.
c. Purpose: To be used to facilitate command and control at critical incidents, as a rapidly deployable response vehicle. It supports the function of incident commanders until the scene is stabilized or when extended, the MCC is deployed. d. Authorized Use : The TRV shall be deployed by officers authorized for its deployment by the Watch Commander or their designee and in a manner consistent with department policy and training.
e. Lifespan: Approximately 10-year lifespan.
f. Fiscal Impact: Annual maintenance cost is approximately $1,000. g. Training: The driver/operator shall receive training or instruction in the safe handling of the vehicle.
h. Legal and Procedural Rules: Use is established in the Vehicle Use Policy. It is the policy of the department to use the TRV only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.

6. Command and Control Vehicles (Category 5)
a. Description, quantity, capabilities, and purchase cost:
b. Special Weapons and Tactics (SWAT) Team Van: A 2016 Ford Transit Van 350 Chassis, cost: approximately $39,000, quantity: 1. The SWAT Team Van is used to transport specialized SWAT Team equipment and was specially built to do so. c. Purpose: To be used for the transportation of specialized SWAT Team equipment for training and for authorized SWAT Team operations.
d. Authorized Use: The SWAT Team Van shall be used by officers authorized for its deployment by the SWAT Team Commander or their designee a nd in a manner consistent with department policy and training.
e. Lifespan: Approximately 10-year lifespan.
f. Fiscal Impact: Annual maintenance cost is approximately $1,000. g. Training: The driver/operator shall receive training in the safe handling of the vehicle. Once the driver/operator has shown competence in vehicle handling, they will be allowed to deploy the vehicle for department authorized use. h. Legal and Procedural Rules: Use is established in the Vehicle Use Policy. It is the policy of the department to use the SWAT Team Van only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.

7. Command and Control Vehicles (Category 5)
47 a. Description, quantity, capabilities, and purchase cost:
b. Crisis Negotiation Team (CNT) Van: A 2020 Ford Transit Van 350 Chassis, cost:
approximately $41,000, quantity: 1. The CNT Van is used to support the function of the Crisis Nego tiation Team as outlined in the Crisis Response Unit (CRU) policy.
c. Purpose: To be used for the transportation of CNT members and CNT operations conducted in support of the SWAT team.
d. Authorized Use : The CNT Van shall be used by officers authorized for its deployment by the CRU Commander or their designee and in a manner consistent with department policy and training.
e. Lifespan: Approximately 10-year lifespan.
f. Fiscal Impact: Annual maintenance cost is approximately $1,000. g. Training: The driver/operato r shall receive training in the safe handling of the vehicle. Once the driver/operator has shown competence in vehicle handling, they will be allowed to deploy the vehicle for department authorized use. h. Legal and Procedural Rules: Use is established in t he Vehicle Use Policy. It is the policy of the department to use the CNT Van only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.

8. Battering rams, slugs and breaching apparatuses that are explosive in nature (Category 7)
a. Description, quantity, capabilities, and purchase cost:
i. LENCO BEARCAT, G2 BEAR-CAT vehicles have attachable metal booms that can be used for breaching structures, fences, or ramming objects during high -risk incide nts, to include active shooter incidents on school grounds, buildings or other structures, cost: included with purchase of BEARCAT G2 quantity: 1.
ii. Ballistic Breaching is used to gain access to fortified structures using steel or security doors. The breaching rounds deployed from a shotgun and are only used by trained personnel with a legitimate law enforcement purpose.

The breaching ammunition is as follows:
(1) Royal Arms 275 grain copper frangible, cost: $4.50/round, quantity:
200 rounds. For use on solid wood doors, locks, and hinges. (2) Royal Arms 425 grain copper frangible, cost: $4.50/round, quantity 100 rounds. For use on heavy locks, dead-bolts & hinges, solid-oak, and steel doors.
(3) Royal Arms HP cutter 450 grain, cost: $5.00/round, quantity 100 rounds. Cuts re-bar, penetrates security glass, car doors, punches into engine blocks.
(4) Royal Arms copper frangible 500 grain, cost: $5.00/round, quantity 100 rounds. For use on h eavy Locks, Cr oss-bolts, and Hinges (Steel Doors / Steel Frames)
b. Purpose: To be used in response to critical incidents or CRU operations to enhance officer and community safety, improve scene containment and 48 stabilization. The use of breaching apparatus is for the rap id, positive, and dynamic access to an objective in order to bypass obstructions such as walls, doors and windows to gain access to a desired location with legal authority. c. Authorized Use: The use of battering rams, slugs and breaching apparatuses that are explosive in nature are limited to incidents under the direction of the CRU Commander or their designee. They shall only be used by officers trained in their deployment and in a manner consistent with department policy and training. d. Lifespan: Approximately 10 years.
e. Fiscal Impact: No measurable fiscal impact for maintenance. f. Training: All operators of this equipment shall attend formalized and continuing training in its use prior to deployment. Any personnel deploying breaching rounds will attend a course in its use prior to deployment.
g. Legal and Procedural Rules: Use is established in the Crisis Response Unit and Rapid Response and Deployment policies. It is the policy of the department to battering rams, slugs and breaching apparatuses that are explosive in nature, only for official law enforcement purposes, and pursuant to State and Federal law.

9. Specialized Firearms and Ammunition of less than .50 caliber (As defined by PC30510 and 30515) (Category 10)
a. Description, quantity, capabilities, and purchase cost:
i. Daniel Defense DDM4 MK12 Carbine, caliber: .223 and 5.56 NATO, cost:
$1700 each, quantity: 117. The Daniel Defense DDM4 MK12 is a high - precision rifle that fires .223 caliber and 5.56 NATO rounds accurately at close and long range. This ri fle is the primary duty rifle issued for patrol officers, field personnel and specialized investigative units. ii. Daniel Defense DDM5 Carbine, caliber: 308 WIN/ 7.62 x 51mm, cost:
$2,500, quantity: 1. The Daniel Defense DDM5 is a high precision rifle that fires 308 WIN/ 7.62 x 51mm rounds accurately at close and long range.

This rifle is the primary duty rifle issued to a SWAT Long Rifle team member.
iii. Colt M4 Carbine, caliber: .223 and 5.56 NATO, cost: $1,700, quantity: 6.

The Colt M4 Carbine is a high precision rifle that fires .223 caliber, and 5.56 NATO rounds accurately at close and long range. This rifle is the issued for use of specialized investigative units and as back -up SWAT team weapons.
iv. Remington 700 bolt action rifle: 308 WIN, cost: $900 quantity: 5. The Remington 700 rifles are long -range precision rifles that shoot 308 WIN rounds. The rifles are issued and used by our SWAT Team Long Rifle team.
(1) Ammunition: The Chino Police Department maintains an inventory of training and duty ammuni tion for the rifles listed above. The inventory fluctuates based upon training and the cycling out of duty ammunition, however it maintains approximately 25,000 rounds of duty ammunition and approximately 100,000 rounds of training ammunition. .
49 (a) The fo llowing is a list of manufacturers and types of the department’s duty ammunition:
(i) Hornaday 168 grain ELD Match TAP Precision 308
WIN
(ii) Hornaday 165 GMX TAP Heavy Barrier 308 WIN
(iii) Speer LE Gold Dot 62 grain .223
(iv) Hornaday TAP 75 grain .223 and 5.56 NATO
(b) The Chino Police Department utilizes ammunition of various types from various reputable manufacturers for training purposes, based upon availability.
b. Purpose: To be used as precision weapons to address a threat requiring more precision and/or greater distances than that of a handgun, if present and feasible. c. Authorized Use: Only officers that complete the required POST-certified Tactical Rifle Course, which satisfies legislative training mandates as described in PC 33220, are authorized to deploy a rifle.
d. Lifespan
i. Daniel Defense DDM4 MK12 Carbine: No expiration.
ii. Daniel Defense DDM5 Carbine: No expiration.
iii. Colt M4 Carbine: No expiration.
iv. Remington 700 Bolt-action rifle: No expiration.
v. Ammunition: No expiration.
e. Fiscal Impact: Annual maintenance is approximately $50 for each rifle. f. Training: Officers shall not carry or utilize the patrol rifle unless they have successfully completed the required POST -certified Tactical Rifle Course, which satisfies legislative training mandates as described in PC 33220. Officers shall thereafter be required t o successfully complete yearly training and qualification conducted by a certified firearms instructor.
g. Legal and Procedural Rules: Use is established under the Patrol Rifles Policy. It is the policy of the Chino Police Department to utilize rifles only f or official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

10. Flashbang Devices (Category 12)
a. Description, quantity, capabilities, and purchase cost:

A Noise Flash Diversionary Devices (NFDD) is a device that creates a bright flash and loud sound to temporarily divert the attention of subjects in the immediate area. NFDD are used to distract and temporarily incapacitate dangerous suspects by overwhelming their senses of vision and hearing. The distraction allows officers to seize a moment of opportunity to take control of high-risk situations. i. Defense Technology Distraction Device Reloadable Body Model 8933. The Low Roll® Distraction Device® is a reloadable gun steel body with hex design. This newest version of the first reusable non -bursting canisters limits movement and rolling once deployed. cost: $58 each, quantity: 54 50 ii. Defense Technology Distraction Device 12-gram reload Model 8901 used in conjunction with the above reloadable body emits a loud “bang” and a flash of light, cost: $34 each, quantity: 73
iii. CTS Flash-Bang 9Bang Model 7290-9 emits a loud “bang” and a flash of light (9) times, cost: $100 each, quantity: 25
b. Purpose: To produce atmospheric over-pressure and brilliant white light and, as a result, can c ause short-term (6 -8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.
c. Authorized Use: Diversionary Devices shall only be used: By SWAT officers who have been trained in their proper use. In hostage and barricaded subject situations.

In high-risk warrant (search/arrest) services where there may be extreme hazards to officers. During other high-risk situations where their use would enhance officer safety. During training exercises.
d. Expected Lifespan:
i. Defense Technology #8933, 25 Uses
ii. Defense Technology #8901, 5 years
iii. CTS #7209-9, 5 years
e. Fiscal Impact: Annual cost of the program $5,000.
f. Training: The use of these devices is limited to those who have attended certified training course on their proper use.
g. Legal and Procedural Rules : It is the policy of the Chino Police Department to utilize diversionary devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. Use of force and Crisis Response Unit policies apply.

11. Explosive Breaching Tools (Category12)
a. Description, quantity, capabilities, and purchase cost:

Explosive breaching is used to gain rapid access to a room or structure when an emergent law enforcement need exists. All efforts are made to minimize the amount of energetics applied to a target, while still achieving a positive breach.

Explosive breaching materials are used to make breaching charges of various shapes and strength which are specifically designed for the target. The mat erials release gasses, heat, and light when initiated. The pressure from the gasses released presses against mediums and or the target to cause the structure of the target to fail for a successful breach. Breaching charges are specially designed to cause structural failure of the desired target. The breaching charges in stock were built in house by the designated SWAT Team Explosive Breachers. Various types, configurations, and energetic weights are maintained for use as needed. Older charges are cycled out of stock during monthly training. i. 20 pounds of C2 Sheet Explosive PETN, cost: $49.50/ pound. A PETN based sheet explosive.
ii. 1500 feet, 50 grain per foot, detonation cord PETN, $0.63/ foot. The detonating cord is a thin, flexible plastic tube usually fill ed with pentaerythritol tetranitrate (PETN, pentrite). With the PETN exploding at a rate of approximately 6400 m/s, any common length of detonation cord 51 appears to explode instantaneously. It is a high -speed fuse which explodes, rather than burns, and is suitable for detonating high explosives. iii. 100 Non-electric detonators 40-foot #1 delay, $10.75 each iv. 10 PETN slip-on boosters, 20 gram, $5.50 each
b. Purpose: To safely gain entry into a structure when an emergent law enforcement need exists.
c. Authorized Use: Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises.
d. Expected Lifespan:
i. 50 grain Detonation Cord – 5 years
ii. C2 Sheet Explosive – Until expended
iii. Non-electric detonator – Until expended
iv. Slip-on boosters – Until expended
e. Fiscal Impact: Annual cost of the program $2,000.
f. Training: All Explosive Breachers shall be licensed as a Blaster by Cal-OSHA. All Breachers will attend an approved Explosive Breaching course. g. Legal and Procedural Rules : It is the policy of the Chino Police Department to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. Use of force and Crisis Response Unit policies apply.

12. Tear Gas (Category 12)
a. Description, quantity, capabilities, and purchase cost:

Chemical agent munitions, which are commonly referred to as “tear gas,” are used by the Chino Police Department as a non-lethal tool to disperse subjects engaged in civil unrest, as described by law and AB48 and Government Code 12525.2, as well as barricaded subjects for a legitimate law enforcement purpose. The Chino Police Department uses chemical agents which are used by law enforcement across the United States: CS (2 -Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum) CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). CS has been medically tested in the UK and US, specifically by the U.S. Army. There are no known allergic rea ctions to CS. OC was de-regulated in California in 1996, is endorsed by the FBI, and is available to civilians to legally possess (2.5oz or less). OC is an inflammatory agent which causes involuntary closure of eyes (open in 2 -5 minutes) and respiratory inflammation (subsides in approximately 2 minutes)
i. CTS #5230B – Pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire. Cost: $35 Each, quantity: 13.
ii. Defense Technology #1016 – Pyrotechnic canister grenade emitting CS smoke through for 20 to 40 seconds. This is a launchable grenade; however, it is normally used as a signaling or covering device. Though this device is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full -size tactical 52 grenade. May be launched or hand thrown. Cost: $26.40 each, quantity:

15. iii. Defense Technology #1032 – The design of the Tri -Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. The purpose of the Tri -Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. Cost: $38.40, quantity: 10.
iv. Defense Technology #2262 – The Ferret® 40mm Round is non -burning and suitable for indoor use. Used primarily by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone rupture s and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects. Cost: $23.60, quantity: 35.
v. Defense Technology #6182 Spede-Heat™ - The Spede-Heat™ CS Long- Range Munitions delivers one chemical canister of CS agent from a 40 mm launcher down range up to 150 yards. The Spede-Heat™ is a pyrotechnic round designed specifically for outdoor use in crowd control situations with a high-volume continuous burn that expels its payload in approximately 20- 40 seconds from a single source. Cost: $31 each, quantity: 41. vi. Defense Technology #1026 Triple-Chaser – The Triple -Chaser CS consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart allowing increased area coverage in a short period of time. This is a hand-thrown munition. Cost $38.50 each, quantity:

10. vii. Defense Technology #1080 Riot Control OC - The Riot Control OC grenade is designed specifically for outdoor use in crowd control situations with a high volume of continuous burn th at expels its payload in approximately 20-40 seconds through four gas ports located at the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd. This is a hand -thrown munition. Cost: #38.50 each, quantity: 6.
viii. Defense Technology #6042 Muzzle Blast CS – The Muzzle Blast CS round can be used in crowd management and in tactical operations such as a barricaded subject, room clearing, area denial and for small space contamination. As a pain compliance round it is an e xcellent device for deploying chemical-laden CS powder at close ranges. This is deployed from a 40mm launcher. Cost: $31 each, quantity: 12.
ix. Defense Technology #6040 Muzzle Blast OC – The Muzzle Blast OC round can be used in crowd management and in tacti cal operations such as a barricaded subject, room clearing, area denial and for small space contamination. As a pain compliance round it is an excellent device for deploying chemical-laden OC powder at close ranges. This is deployed from a 40mm launcher. Cost: $31 each, quantity: 8.
53 x. Defense Technology #1097 Rubber Ball CS Blast – The Rubber Ball CS Blast grenade is a maximum effect device that delivers three stimuli for psychological and physiological effects: light, sound, and CS. The Rubber Ball CS Bl ast combines loud report and flash with effects of chemical agents. This is a hand-thrown munition. Cost: $35 each, quantity: 3. xi. Defense Technology #1082 Riot Control Continuous Discharge CS – The Riot Control Continuous Discharge CS is specifically designed for outdoor use in crowd control situations with a high -volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. This is a hand -thrown munition. Cost:
$38.50 each, quantity: 14.
xii. Defense Technology #6172 Skat Shell CS – The Skat Shell CS multiple chemical projectile round is designed to deliver multiple CS canisters from a 40mm launcher. It is designed for outdoor use and is widely used for crowd management for the rapid and broad deployment of a chemical agent by a single grenadier. This is deployed from a 40mm launcher. Cost:
$31 each, quantity: 8.
xiii. Defense Technology #6320, 40mm Direct Impact OC. A less lethal 40mm lightweight plastic and crushable foam projectile fir ed from a 40mm launcher. The 39 -gram crushable foam projectile delivers 120 ft/lbs. of energy upon impact in addition to dispersion of 5 grams of OC irritant. The 40mm Direct Impact OC Round provides accurate and effective performance when fired from the a pproved distance of not less than five (5) feet and as far as 120 feet from the target. Cost $31, quantity 5. xiv. Defense Technology #6322, 40mm Direct Impact CS. A less lethal 40mm lightweight plastic and crushable foam projectile fired from a 40mm launcher. The 39 -gram crushable foam projectile delivers 120 ft/lbs. of energy upon impact in addition to dispersion of CS. The 40mm Direct Impact CS Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 120 feet from the target. Cost $31, quantity 4.
xv. Defense Technology #1092, Han-ball CS. The Han-ball CS is an outdoor use grenade expelling its payload in approximately 15 -20 seconds. The grenade holds approximately 1.6 ounces of active agent which is expelled through three ports around the equator of the ball. Cost $35, quantity 13. xvi. Defense Technology #1063, Military-Style Saf-Smoke Grenade. The Saf- Smoke grenade is designed for training but may also be used in operations.

The Saf-Smoke Grenade offers similar burn times as the Speed-Heat and Riot Control Grenade. It emits a very white smoke. This is a hand-thrown munition. Cost $31, quantity 15.
xvii. Defense Technology #1073 , Maximum HC Smoke. The Maximum Smoke grenade is designed for o utdoor in crowd control and expels its payload in approximately 1.5 -2 minutes through four gas ports located at the top of the canister. The grenade can be used to conceal tactical movement or route a crowd. This is a hand -thrown munition. Cost $31,. quantity 4.
xviii. Defense Technology #1017 , Pocket Tactical Saf -Smoke. The Pocket Tactical Saf -Smoke grenade is a small and lightweight. It will burn for approximately 20 -40 seconds and is normally used as a signaling or covering device. This is a hand-thrown munition. Cost $31, quantity 10. 54 xix. Defense Technology #6582, 40mm Ground Marker CS 200M. The 40mm Ground Marker munition is designed to deliver an irritant payload downrange to specified distances. The spin stabilized projectile and smokeless propulsion system produce extremely consistent velocities and range. Applications for this product include crowd control, marking and obscuration. This is deployed from a 40mm launcher. Cost $31, quantity

10. xx. Defense Technology #1072 , Spede -Heat Continuous Disc harge Chemical CS Grenade. A high-volume CS Grenade with continuous burn, designed for outdoor in crowd control environments, expels its payload in approximately 20 -40 seconds through four gas ports at the top of the canister, three on the side and one on the bottom. This is a hand -thrown munition. Cost $37, quantity 13.
xxi. Defense Technology #1082, The Stinger Grenade is a maximum effect device that delivers three stimuli for psychological and physiological effects: rubber pellets, light and sound. The Stinger Grenade is most widely used as a crowd management tool. The Rubber Ball Blast Grenade is used to deliver 60 Caliber Rubber Balls with the stimuli of light and sound. The grenade is most widely used as a crowd management training tool by Law Enforcement and Corrections. The Rubber Ball Blast has an initial 1.5 second delay that initiates fuze assembly separation, followed by another .5 second delay before the function of the device. Cost $71.25, quantity 13. xxii. Aerko Clear Out #AER1145, 6 ounce Burst Fogg er. Aerko Clear Out fogger is a non-flammable aerosol which delivers an aerosol comprised of a mixture of CS and OC It is a chemical agent used to force occupants of an enclosed space to leave the area. This is a hand-thrown munition. Cost $19, quantity 12.
b. Purpose: To be used in response to incidents of civil unrest as described by law and AB48 and Government Code 12525.2, as well as barricaded subjects, critical incidents, CRU operations to enhance officer and community safety. c. Authorized Use: The use of chemical agents will be done so at the direction of a Mobile Field Force Commander or SWAT Commander.
d. Lifespan: The lifespan of each chemical agent is approximately 5 years from the date of manufacture (each munition has it manufacture date affixed). e. Fiscal Impact : No measurable fiscal impact for maintenance. The cost of the program is approximately $4,000.
f. Training: Certified training in the use of chemical agents for each appropriate use in crowd control or by the SWAT team will be completed prior to its use by any department member.
g. Legal and Procedural Rules : Use is described in the Use of Force, Civil Disturbance or Unusual Occurrence Plan, First Amendment Assemblies policies.

It is the policy of the department to use this device only for official law enforcement purposes, and pursuant to State and Federal law.

13. PepperBall Launchers and Munitions (Category 12)
55 a. Description, quantity, capabilities, and purchase cost:

PepperBall gives law enforcement professionals a powerful, non -lethal option for defense. PepperBall launchers use high pressure air to deliver PAVA (Pelargoinc Acid Vanillylamide) powder projectiles which are similar to a powdered “pepper spray.” The PAVA projectiles deliver kinetic energy impacts as well as the PAVA powder. It is a de -escalation tool to avoid further injuries or lethal options to a subject.
i. PepperBall Launcher- The TAC-SA PRO is an advanced semi-automatic launcher, expertly designed for demanding situations such as crowd management and daily patrol. This launcher excels at rapidly dispersing PAVA across large areas or controlled environments, a crucial capability for operational teams in high-intensity scenarios. Cost $1,116, quantity 7.

ii. PepperBall Live Projectiles. The basic PepperBall projectile contains 2% PAVA pepper powder, and is designed for direct impact and area saturation, especially in confined, interior spaces. Dis charged from a PepperBall Launcher, the projectile has a velocity of 280 -350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft.

The projectile contains 0.5% PAVA Powder. Cost: $900/ per 375 rounds, quantity: 1500.
iii. PepperBall Inert Projectiles. The Inert PepperBall projectile contains a harmless scented powder and is designed for direct impact and for training with a PepperBall Launcher, the projectile has a velocity of 280 -350 FPS.

The projectile has a direct impact of 60ft . Cost: $400/ per 375 rounds, quantity: 200.
b. Purpose: To provide officers with a non -lethal option to deliver a chemical agent and kinetic impact to subjects for a legitimate law enforcement purpose, to affect an arrest, prevent escape or overcome resistance as define by law and department policy. It is a de -escalation tool to avoid further injuries or lethal options to a subject.
c. Authorized Use: Officers may deploy a PepperBall launcher in incidents of civil unrest as described by law and AB48 and Penal Code 13652, as a non -lethal option to deliver a chemical agent and kinetic impact on subjects who are violent, threatening violence, who are armed, or threatening self -harm, and barricaded subjects.
d. Expected Lifespan:
i. Launchers – 5-10 years.
ii. Live and inert projectiles - 5 years
e. Fiscal Impact : Annual maintenance costs are approximately $50/ launcher.

Annual cost of the program $2,000.
f. Training: The use of these devices is limited to those who have attended certified training course on their proper use.
g. Legal and Procedural Rules : Use is described in the Control Devices and Techniques policy. It is the policy of the Chino Police Department to utilize less- 56 lethal devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

14. Long Range Acoustic Device (LRAD) (Category 13)
a. Description, quantity, capabilities, and purchase cost:

LRAD 100X Portable Hailing System, cost: $6,000, quantity: 1. The Model 100X Portable Hailing System is a self -contained, hand-held, portable communications device for use in on-scene and tactical communications. It has the capability to be 20- 30 dB louder than legacy bullhorns and vehicle-based P.A. systems, while still being 4x- 6x louder and more intelligible than products with a comparable size and weight. Weighing at only 15 lbs. with battery.
b. Purpose: To be used in response to critical incidents or CRU operat ions to enhance officer and community safety, improve scene containment and stabilization. The use of breaching apparatus is for the rapid, positive, and dynamic access to an objective in order to bypass obstructions such as walls, doors and windows to gain access to a desired location with legal authority. c. Authorized Use: The LRAD 100X can be used as a public address (PA) system during tactical situations or at large events where its use will benefit the community and public safety.
d. Lifespan: Approximately 10 years.
e. Fiscal Impact: No measurable fiscal impact for maintenance. f. Training: Training in its use will be conducted prior to its use by any department member.
g. Legal and Procedural Rules: It is the policy of the department to use this device only for official law enforcement purposes, and pursuant to State and Federal law.

15. 40mm Projectile Launchers, Specialty Impact Munitions (Category 14) a. Description, quantity, capabilities, and purchase cost:
i. Defense Technology/ LMT, 40mm single -shot laun cher, #1425, cost:
$1000 each, quantity: 59. The 40mm single launcher is a tactical single shot launcher will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length.
ii. Defense Technology/ LMT, 40mm 4 -shot launcher, #1440, cost: $100 0 each, quantity: 3. The 40mm 4-shot launcher is a tactical launcher will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. iii. Defense Technology/ LMT, 7 -inch M203 40mm single -shot launcher, #LMP350/L2X1, cost: $1500 each, quantity: 2. The 40mm single launcher is a tactical launcher that will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length.
iv. Defense Technology #6325, 40mm eXact Impact Sponge Round. A less lethal 40mm lightweight plastic and foam projectile fired from a 40mm launcher. The 40 -gram foam projectile delivers 120 ft/lbs. of energy on impact. The 40mm Exact Impact Sponge Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 131 feet from the target. Cost: $20 each, quantity: quantity: 275.
57 v. Defense Technology #6326, 40mm Direct Impact Marking Round. A less lethal 40mm lightweight plastic and f oam projectile fired from a 40mm launcher. The 40 -gram foam projectile delivers 120 ft/lbs. of energy on impact and loaded with a green marking agent. The 40mm Exact Impact Sponge Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 131 feet from the target. Cost: $20 each, quantity: 10.
b. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use: Situations for use of the less lethal weapon systems may include, but are not limited to:

Self-destructive, dangerous and/or combative individuals, riot/crowd control and civil unrest incidents as described by law and AB48 and Government Code 12525.2, circumstances where a tactical advantage can be obtained, potentially vicious animals, training exercises or approved demonstrations. d. Training: Sworn members utilizing 40mm less lethal launchers are trained in their use by POST certified less lethal instructors.
e. Lifespan: Defense Technology/ LMT #1425, 1140, M203: approximately 25 years.

Exact Impact Sponge: approximately 5 years.
f. Fiscal Impact: Annual maintenance is approximately $50 for each launcher. g. Legal and Procedural Rules: Use is established Control Devices and Techniques Policy. It is the policy of the Chino Police Department to utilize the 40mm only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

MAINTENANCE OF MILITARY USE SUPPLY LEVELS
When stocks of military equipment have reached low levels, the Department may order up to 30% of stock in a fiscal quarter without City Council's pre-approval to maintain essential availability for the police department's needs.

58 MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 21, 2026

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

SUBJECT
..titl e
Public Improvement Agreement with Great Dragon, LLC for Site Approval PL22-0027, located at 13787 Oaks Avenue.
..end

RECOMMENDATION
Approve a Public Improvement Agreement with Great Dragon, LLC, for Site Approval PL22- 0027, located at 13787 Oaks Avenue, and authorize the City Manager to execute all necessary documents on behalf of the City.
..body

FISCAL IMPACT
There is no direct fiscal imp act to the City. All costs associated with the required public improvements will be borne by the Developer. In addition, the Developer has paid an in -lieu fee for the future undergrounding of overhead utility improvements. The funds deposited will be applied toward the undergrounding work when it is determined to be feasible as part of a future Capital Improvement Project.

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

Revenue: 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. 59 CITY COUNCIL MEETING DATE: APRIL 21, 2026
TITLE: PUBLIC IMPROVEMENT AGREEMENT WITH GREAT DRAGON, LLC FOR SITE APPROVAL PL22-0027, LOCATED AT 13787 OAKS AVENUE.

PAGE: 2

BACKGROUND
On May 17, 2023, the Chino Planning Commission approved Site Approval PL22 -0027 for the construction of a single-tenant, 20,000-square-foot industrial building on a 1.11-acre site located at 13787 Oaks Avenue (Exhibit A). The project is intended to accommodate a wholesale and distribution business for shoes.

The Engineering Conditions of Approval (COA) require the construction of various public improvements along the project frontag e, including curb, gutter, sidewalk, streetlights, asphalt concrete pavement, landscaping, sewer, water, and recycled water improvements. To ensure completion of these improvements, the developer is required to enter into a Public Improvement Agreement (PIA) and provide the necessary improvement securities.

Final engineering has been completed, and the developer is currently constructing the required public improvements. The required bonds have been submitted in accordance with City requirements, and all co sts associated with the improvements are borne solely by the developer.

The PIA was delayed from City Council consideration to allow staff and the developer time to finalize terms related to undergrounding overhead utilities along the project frontage, as required by the Conditions of Approval and City Code. However, due to existing overhead transmission lines, which don't require undergrounding, the utility poles would need to remain in place to support those utilities. Since the project frontage represent s only a small portion of this segment of Oaks Avenue, staff determined that partial undergrounding of the utilities would provide limited benefit. As a result, staff concluded that an in-lieu fee, consistent with City Code, would be more appropriate to support a future, more comprehensive underground project along this corridor. The City and developer subsequently agreed to a fair -share contribution, and the developer has provided a lump -sum payment of $239,184 to be applied toward a future Capital Improvement Project. An engineer’s estimate of this work is attached as Exhibit C.

ISSUES/ANALYSIS
The requirements made at the time of project approval have been met by the execution of the PIA for Site Approval PL22 -0027 and by posting the necessary securiti es to guarantee the construction of public improvements conditioned for this development. The City Attorney reviewed and approved the PIA, which is attached as Exhibit B.

Attachments – Exhibit A - Map
Exhibit B - PIA

60 61
01225.0006/367559.3 Updated 10-2020

PUBLIC IMPROVEMENT AGREEMENT
by and between

CITY OF CHINO
and

GREAT DRAGON, LLC
62 PUBLIC IMPROVEMENT AGREEMENT BETWEEN

THE CITY OF CHINO
AND

GREAT DRAGON, LLC
Agreement Date: April 21, 2026
Developer: Great Dragon, LLC
Project Description: The proposed project includes approval to construct an industrial warehouse facility totaling approximately 20,000 square feet on a 1.11-acre parcel. The project site is located at 13787 Oaks Avenue, approximately 600 feet south of the intersection of Schaefer Avenue and Oaks Avenue, within Assessor’s Parcel Number (APN) 1021-061-08. The project also includes construction of associated public improvements consisting of sidewalk, water line laterals, a sewer lateral, streetlight relocation, fire hydrant relocation, and half-street improvements.

Tentative Map No.: N/A
Estimated Total Cost of Improvements: $85,900.00
Security:

Bond No.: ____________________
Surety: ___________________
01225.0006/367559.3
63 01225.0006/367559.3
Designees for the Service of Written Notice:

CITY: DEVELOPER:

Jesus Plasencia
Assistant City Engineer
13220 Central Avenue
Chino, CA 91710
(909) 334-3417
[email protected]
reat Dragon, LLC
Charles Hailong Cui
888 S Azusa Ave,
City of Industry, CA 91748
(626) 839-9899
[email protected]

CITY PROJECT INSPECTOR SURETY
Isaac Ortega
Permit & Inspection Supervisor
13220 Central Avenue
Chino, CA 91710
(909) 334-3501
[email protected]
64 01225.0006/367559.3

TABLE OF CONTENTS

1. Construction Obligations

1.1 Works of Improvement

1.2 Other Obligations Referenced in Conditions of Approval

1.3 Intent of Plans

1.4 Performance of Work

1.5 Changes in the Work

1.6 Defective Work

1.7 No Warranty by City

1.8 Authority of the City Engineer

1.9 Documents Available at the Site

1.10 Inspection

1.11 Compliance with Law; Applicable Standards for Improvements

1.12 Suspension of Work

1.13 Erosion and Dust Control and Environmental Mitigation

1.14 Final Acceptance of Works of Improvement

1.15 Vesting of Ownership

1.16 Developer’s Obligation to Warn Public During Construction

1.17 Injury to Public Improvements, Public Property or Public Utility

2. Time for Performance

2.1 Commencement and Completion Dates

2.2 Phasing Requirements

2.3 Force Majeure

2.4 Continuous Work

3. Labor

3.1 Labor Standards

3.2 Nondiscrimination

3.3 Licensed Contractors

3.4 Workers’Compensation

4. Security

4.1 Required Security

4.2 Form of Security Instruments

4.3 Developer’s Liability

4.4 Letters of Credit

4.5 Release of Security Instruments

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

5.1 Developer Responsible for All Related Costs of Construction

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

5.3 Payment of Development Impact Fees

6. Acceptance of Offers of Dedication

7. Warranty of Work

8. Default

8.1 Default by Developer

8.2 Remedies

8.3 Remedies Not Exclusive

8.4 Attorney’s Fees and Costs

8.5 Waiver

9. Indemnity/Hold Harmless

10. Developer’s Indemnity of Project Approval

11. Insurance Requirements

12. Environmental Warranty

13. General Provisions

13.1 Successors and Assigns

13.2 No Third-Party Beneficiaries

13.3 No Vesting Rights

13.4 Developer is Not Agent of City

13.5 Time of the Essence

13.6 Notices

13.7 No Apportionment

13.8 Severability

13.9 Captions

13.10 Incorporation of Recitals

13.11 Interpretation

13.12 Entire Agreement; Waivers and Amendments

13.13 Counterparts

14. Authority
66 01225.0006/367559.3
1 PUBLIC IMPROVEMENT AGREEMENT
THIS PUBLIC IMPROVEMENT AGREEMENT (this “Agreement”) is entered into this 21st day of April, 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 Great Dragon , a Limited Liability Company (“DEVELOPER”).

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

B. Developer has applied for and received conditional approval from the City to construct one speculative shell building totaling 20,000 square feet on a 1.11 -acre parcel, at 13787 Oaks Avenue (the “Project”).

C. The City desires to assure that said improvements proposed for the Project will be constructed in a good workmanlike manner and in accordance with all applicable laws, statues, ordinances, resolutions and regulations now in force and effect in the City of Chino and the State of California, all of which are incorporated herein.

D. The Developer acknowledges familiarity with the various requirements for public improvements contained in the Chino Municipal Code and agrees to comply therewith.

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

1. Construction Obligations.

1.1. Works of Improvement . Developer agrees, at its sole cost and expense, to construct or install, or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer , street lighting, landscaping, utility, and other improvements more fully described as Exhibit “B” attached hereto (the “Works of Improvement ”), as the same may be supplemented and revised from time to time as set forth in this Agreement (said plans and specifications, together with all related documents, the “Plans”). The estimated construction cost for the Works of Improvement is $ 85,900.00.

1.2. Other Obligations Referenced in Conditions of Tentative Map Approval . I n addition to the foregoing, Developer shall satisfy all of the other Conditions associated with the 67 01225.0006/367559.3
2 Project and the Property. The Conditions associated with the Map are included in Exhibit “B” attached hereto.

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

Developer recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer ’s prior written approval, no change shall be made by Developer or its contractor to any plan, specification, or working or shop drawing after it has been stamped as approved.

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

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

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

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

1.8. Authority of the City Engineer . In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all 68 01225.0006/367559.3
3 questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Developer and its contractor.

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

1.10. Inspection. Developer shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Developer, or its design engineer, and Developer’s contractor(s) regarding the Works of Improvement.

Developer shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the Developer’s contractor, at any time before acceptance of the Works of Improvement, shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the Developer’s contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City Engineer (or designee) shall not be considered as direct control of the individual workmen on the job site. City’s inspectors shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement.

The inspection of the work by City shall not relieve Developer or its contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted.

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

Developer shall construct the improvements in accordance with the City standards in effect at the time of the adoption of this Agreement. City reserves the right to protect the public safety or welfare or comply with applicable Federal or State law or City zoning ordinances.

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

1.12. In case of suspension of work for any cause what soever, Developer and its contractor shall be responsible for all materials and shall store them properly if necessary and shall provide suitable interim drainage and/or dust control measures, and erect temporary structures where necessary.

1.13. Erosion and Dust Control and Environmental Mitigation . All grading, landscaping, and construction activities shall be performed in a manner to control erosion and prevent 69 01225.0006/367559.3
4 flooding problems. The City Engineer shall have the authority to require erosion plans to prescribe reasonable controls on the method, manner, and time of grading, landscaping, and construction activities to prevent nuisances to surrounding properties. Plans shall include without limitation temporary drainage and erosion control requirements, dust control procedures, restrictions on truck and other construction traffic routes, noise abatement procedures, storage of materials and equipment, removal of garbage, trash, and refuse, securing the job site to prevent injury, and similar matters.

1.14. Final Acceptance of Works of Improvement . After Developer’s contractor has completed all of the Works of Improvement, Developer shall then request a final inspection of the work. If items are found by the City’s inspectors to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the Developer or its contractor of such items. After the Developer’s contractor has completed these items, the procedure shall then be the same as specified above for the Developer’s contractor’s initial request for final inspection. If items are found by City ’s inspector s to be incomplete or not in compliance after two (2) “final” inspections, the City may require the Developer or its contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. Developer shall be responsible for payment to City Engineer of re -inspection fees in the amount necessary to cover the City’s costs for additional final inspections, as determined by the City Engineer.

No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by the City Engineer is made. The City Engineer shall make a certification of completion and acceptance on the Works of Improvement by recordation of a Notice of Acceptance on behalf of the City.

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

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

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

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

1.17. Injury to Public Improvements, Public Property or Public Utility. Until recordation of the Notice of Acceptance of the Works of Improvement , Developer assumes responsibility for the care and maintenance of, and any damage to, the Works of Improvements. Developer shall replace or repair all Works of Improvements, public property, public utility facilities, and 70 01225.0006/367559.3
5 surveying or subdivision monuments and benchmarks which are destroyed or damaged for any reason, regardless whether resulting from the acts of the Developer, prior to the recordation of the Notice of Acceptance. Developer shall bear the entire cost of such replacement or repairs regardless of what entity owns the underlying property. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.

Neither the City, nor any officer or employee thereof, shall be liable or responsible for any accident, loss or damage, regardless of cause, occurring to the work or Works of Improvements prior to recordation of the Notice of Acceptance of the work or improvements.

2. Time for Performance.

2.1. Commencement and Completion Dates . Subject to Section s 2.2 and 2.3 below, Developer shall (i) commence with construction and installation of the Works of Improvement thirty (30) days following City ’s approval of the Plans ( “Commencement Date ”); and (ii) complete or cause to be completed all of the Works of Improvement within two (2) years after the Commencement Date. In the event good cause exists as determined by the City Engineer, the time for commencement of construction or completion of the Works of Improvement hereunder may be extended by up to three (3) additional one-year periods. Extensions shall be executed in writing by the City Engineer. The City Engineer in his or her sole discretion determines whether or not the Developer has established good cause for an extension. As a condition of such extension, the City Engineer may require Developer to furnish new security guaranteeing performance of this Agreement, as extended, in an increased amount to compensate for any increase in construction costs as determined by the City Engineer. If Developer requests and is granted an extension of time for completion of the improvements, City may apply the standards in effect at the time of the extension.

2.2. Phasing Requirements. Notwithstanding the provisions of Section 2.1, the City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies the City may have for Developer’s failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Developer acknowledges City ’s right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Developer shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. Final inspections or issuance of Certificates of Occupancy may be withheld from the Developer by the City, if, upon a determination by the City Engineer, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to the City Engineer ’s satisfaction.

2.3. Force Majeure. Notwithstanding the provisions of Section 2.1, Developer’s time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Developer, including to the extent applicable adverse weather conditions, flood, 71 01225.0006/367559.3
6 earthquakes, strikes, lockouts, pandemics, acts or failures to act of a public agency (including City), required changes to the scope of work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City ’s receipt of a written notice from Developer or its contractor detailing the grounds for Developer’s claim to a right to extend its time for performance hereunder. The City Engineer shall evaluate all claims to Force Majeure and make a reasonable determination regarding the length of any extension of time for commencement and/or completion of the Works of Improvement and the City Engineer’s decision shall be final.

2.4. Continuous Work . After commencement of construction of the Works of Improvement (or separate portion thereof), Developer shall cause such work to be diligently pursued to completion and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted.

3. Labor.

3.1. Labor Standards. This Agreement is subject to, and Developer agrees to comply with, all of the applicable provisions of the Labor Code including, but not limited to, the wage and hour, prevailing wage, worker compensation, and various other labor requirements in Division 2, Part 7, Chapter 1, including section 1720 to 1740, 1770 to 1780, 1810 to 1815, 1860 to 1861, which provisions are specifically incorporated herein by reference as set forth herein in their entirety. Developer shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of the Works of Improvement.

3.2. Nondiscrimination. In accordance with the California Fair Employment and Housing Act ( “FEHA”), California Government Code Section 12940 et seq., Developer agrees that Developer, its agents, employees, contractors, and subcontractor performing any of the Works of Improvement shall not discriminate, in any way, against any person on the basis of race, ethnicity, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status . Developer shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of this Agreement.

3.3. Licensed Contractors. Developer shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors ’licenses for the type of work being performed. All of Developer’s contractors and subcontractors shall obtain a valid City of Chino business license prior to performing any work pursuant to this Agreement. Developer shall provide the City Engineer with a list of all of its contractors and subcontractors prior to initiating any work, and all valid Contractor ’s licenses and business licenses issued thereto as a condition of constructing the Works of Improvements.

3.4. Worker’s Compensation . Developer shall cause every contractor and subcontractor performing any of the Works of Improvement to carry Workers ’Compensation Insurance as required by the Labor Code of the State of California and shall cause each such 72 01225.0006/367559.3
7 contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site.

4. Security.

4.1. Required Security.
(a) At the time Developer executes this Agreement, Developer shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below (hereinafter “Security Instruments”):
(i) A Security Instrument securing Developer’s faithful performance of all of the Works of Improvement ( “Faithful Performance Security Instrument”), in the amount of $_85,900.00___________ equal to 100% of the estimated construction cost referenced in Section 1.1. (ii) A Security Instrument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/or equipment ( “Labor and Materials Security Instrument ”) with respect to the Works of Improvement in an amount equal to $_42,900.00 equal to 50% of the estimated construction cost referenced in Section 1.1.

This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security Instrument for Maintenance and Warranty . Prior to the City Council ’s acceptance of the Works of Improvement and recordation of a Notice of Completion, Developer shall deliver a Security Instrument warranting the work accepted for a period of one (1) year following said acceptance (“Maintenance and Warranty Security Instrument ”), in the amount of $_8,600.00 equal to 1 0% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer.

4.2. Form of Security Instruments . All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney:
(a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A -IX, as rated by the current edition of Best ’s Key Rating Guide published by A.M. Best ’s Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody’s or Standard & Poor’s.
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8 (b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Developer is in default under its payment or performance obligations hereunder or in the event Developer fails to deliver a replacement letter of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4.
(c) Instrument of Credit . For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Developer’s interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Chino, State of California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Developer’s completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date).
(iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. (iv) If the Developer seeks to replace any security with another security, the replacement shall: (1) comply with all the requirements for security in this Agreement; (2) be provided by the Developer to the City Engineer; and (3) upon its written acceptance by the City Engineer, be deemed a part of this Agreement. Upon the City Engineer’s acceptance of a replacement security, the former security shall be released by the City.

4.3. Developer’s Liability. While no action of Developer shall be required in order for City to realize on its security under any Security Instrument, Developer agrees to cooperate with City to facilitate City ’s realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Developer shall 74 01225.0006/367559.3
9 be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4.

4.4. Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City’s sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. (b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Developer. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Developer agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City ’s security interest in such account.

4.5. Release of Security Instruments . The City shall release all Security Instruments consistent with Government Code Sections 66499.7 and 66499.8 , Section 19.09.010 of the Chino Municipal Code, and as follows:
(a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred:
(i) Developer has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted;
(iii) Developer has delivered the Maintenance and Warranty Security Instrument; and
(iv) after passage of the time within which lien claims are required to be made pursuant to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, 75 01225.0006/367559.3
10 Developer has provided a statutory bond, or otherwise as required by applicable law.
(b) City shall release the Maintenance and Warranty Security Instrument upon Developer’s written request upon the expiration of the warranty period, and settlement of any claims filed during the warranty period. (c) The City may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney ’s fees.

5. Cost of Construction and Provision of Inspection Service.

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

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

Developer shall compensate City for all of City ’s costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Developer shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City. In no event shall Developer be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections.

5.3. Payment of Development Impact Fees . Developer shall pay Development Impact Fees pursuant to and in accordance with Chino Municipal Code Chapter 3.40 and Chapter

3.45, as applicable.

6. Acceptance of Offers of Dedication . The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the approvals for the Project, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement.

7. Warranty of Work . Developer shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one (1) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Developer, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Developer fail to remedy defective 76 01225.0006/367559.3
11 material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Developer. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law.

8. Default.

8.1. Default by Developer. Default by Developer shall include, but not be limited to:
(a) Developer’s failure to timely commence construction of Works of Improvement under this Agreement;
(b) Developer’s failure to timely complete construction of the Works of Improvement;
(c) Developer’s failure to perform substantial construction work for a period for 20 consecutive calendar days after commencement of the work; (d) Developer’s insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Developer fails to discharge within 30 days;
(e) The commencement of a foreclosure action against the Property or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (f) Developer’s failure to perform any other obligation under this Agreement.

8.2. Remedies. The City reserves all remedies available to it at law or in equity for a default or breach of Developer’s obligations under this Agreement. The City shall have the right, subject to this Section, to draw upon or use the appropriate security to mitigate the City ’s damages in the event of default by Developer. The City’s right to draw upon or use the security is in addition to any other remedy available to City. The parties acknowledge that the estimated costs and security amounts may not reflect the actual cost of construction of the improvements and, therefore, City ’s damages for Developer’s default shall be measured by the cost of completing the required improvements. The City may use the sums provided by the securities for the completion of the Works of Improvement in accordance with the plans. In the event the Developer fails to cure any default under this Agreement within 20 days after the City mails a notice of such default to the Developer and the Developer’s surety, Developer authorizes the City to perform the obligation for which Developer is in default and agrees to pay the entire cost of such performance by the City. The City may take over the work and complete the Works of Improvement, by contract or by any other method City deems appropriate, at the expense of the Developer. In such event, City, without liability for doing so, may complete the Works of Improvement using any of Developer’s materials, appliances, plans and other property that are at the work site and that are necessary to complete the Works of Improvement.
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12 8.3. Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Developer hereunder, the Developer agrees that the choice of remedy or remedies for Developer’s breach shall be in the discretion of the City. Additionally, any remedy specifically provided in this Agreement shall be in addition to, and not exclusive of, City’s right to pursue any other administrative, legal, or equitable remedy to which it may by entitled.

8.4. Attorney’s Fees and Costs . In the event that Developer fails to perform any obligation under this Agreement, Developer agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney’s fees. In the event of any dispute arising out of Developer’s performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney ’s fees and costs. Such attorney’s fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney ’s fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment.

8.5. Waiver. No waiver by the City of any breach or default by the Developer shall be considered valid unless in writing, and no such waiver by the City shall be deemed a waiver of any subsequent breach or default by the Developer.

9. Indemnity/Hold Harmless . City or any officer, employee or agent thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Developer, its agents, employees, contractors and subcontractors in the performance of this Agreement. Developer further agrees to protect, defend, indemnify and hold harmless City, its officials, boards and commissions, and members thereof, agents, and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions of Developer, its agents, employees, contractors and subcontractors in the performance of this Agreement, except for such claims, demands, causes of action, liability or loss arising out of the sole active negligence of the City, its officials, boards, commissions, the members thereof, agents and employees, including all claims, demands, causes of action, liability or loss because of or arising out of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said Project, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design and construction of public drainage systems, streets and other improvements. Recordation of the Notice of Acceptance by the City of the Works of Improvements shall not constitute an assumption by the City of any responsibility for any damage or taking covered by this Section.

City shall not be responsible for the design or construction of the property to be dedicated or the improvements pursuant to the approved improvement p lans or map, regardless of any negligent action or inaction taken by the City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by 78 01225.0006/367559.3
13 Developer submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design.

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

Developer shall reimburse the City for all costs and expenses, including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs, incurred by City in enforcing this Section.

10. Developer’s Indemnity of Project Approval . Developer shall defend, indemnify, and hold harmless the City and its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning the Project. The City shall promptly notify the Developer of any claim, action, or proceeding and cooperate fully in the defense of any such claim, action, or proceeding. In the event City fails to promptly notify the Developer of any claim, action, or proceeding, or if the City fails to cooperate in the defense, the Developer shall not thereafter be responsible to defend, indemnify, or hold harmless the City. Nothing in this Section prohibits the City from participating in the defense of any claim, action, or proceeding if City bears its own attorney ’s fees and costs and defends the action in good faith. Developer shall not be required to pay or perform any settlement unless the settlement is approved by the Developer.

11. Insurance Requirements. Developer, at Developer’s sole cost and expense and for the full term of this Agreement and any extensions thereto, shall obtain and maintain all of the following minimum insurance requirements in a fo rm approved by the City’s authorized designee for Risk Management prior to commencing any work:
(a) Commercial General Liability policy with a minimum $1 million combined single limit for bodily injury and property damage providing all of the following minimum coverage without deductibles:
(i) Premises operations; including X, C, and U coverage; (ii) Owners’and contractors’protection;
(iii) Blanket contractual;
(iv) Completed operations; and
(v) Products.
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14 (b) Commercial Business Auto policy with a minimum $1 million combined single limit for bodily injury and property damage, providing all of the following minimum coverage without deductibles:
(i) Coverage shall apply to any and all leased, owned, hired, or non - owned vehicles used in pursuit of any of the activities associated with this Agreement; and
(ii) Any and all mobile equipment including cranes which are not covered under the above Commercial Business Auto policy shall have said coverage provided under the Commercial General Liability policy.
(c) Workers Compensation and Employers ’Liability policy in accordance with the laws of the State of California and providing coverage for any and all employees of the Developer:
(i) This policy shall provide coverage for Workers ’ Compensation (Coverage A); and
(i) This policy shall provide coverage for $1,000,000 Employers’ Liability (Coverage B).
(ii) Pursuant to Labor Code section 1861, Developer by executing this Agreement certifies: “I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers ’ Compensation or to undertake self - insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.”
(iii) Prior to commencement of work, the Developer shall file with the City’s Risk Manager a Certificate of Insurance or certification of permission to self -insure workers’compensation conforming to the requirements of the Labor Code.
(d) Endorsements. All of the following endorsements are required to be made a part of each of the above-required policies as stipulated below:
(i) “The City of Chino, its officers, employees and agents are hereby added as additional insureds.”
(ii) “This policy shall be considered primary insurance with respect to any other valid and collectible insurance the City may possess, including any self - insured retention the City may have and any other insurance the City does possess shall be considered excess insurance only.”
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15 (iii) “This insurance shall act for each insured and additional insured as though a separate policy has been written for each. This, however, will not act to increase the limit of the insuring company.” (iv) “Thirty (30) days prior written notice of cancellation shall be given to the City of Chino in the event of cancellation and/or reduction in coverage, except that ten (10) days prior written notice shall apply in the event of cancellation for non -payment of premium. ” Such notice shall be sent to the Risk Manager at the address indicated in Subsection f below.
(v) Subsection d(iv ) hereinabove “Cancellation Notice ” is the only endorsement required of the Workers ’ Compensation and
Employers’Liability policy.
(e) Admitted Insurers. All insurance companies providing insurance to the Developer under this Agreement shall be admitted to transact the business of insurance by the California Insurance Commissioner.
(f) Proof of Coverage. Copies of all required endorsements shall be attached to the Certificate of Insurance which shall be provided by the Developer’s insurance company as evidence of the coverage required herein and shall be mailed to:

City of Chino
Risk Management
13220 Central Avenue
Chino, CA 91710

12. Environmental Warranty.

12.1. Prior to the acceptance of any dedications or Works of Improvement by City, Developer shall provide City with a written warranty in a form substantially similar to Exhibit “C” attached hereto and incorporated herein by reference, that:
(a) Neither the property to be dedicated nor Developer are in violation of any environmental law, and neither the property to be dedicated nor the Developer are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated. (b) Neither Developer nor any other person with Developer’s permission to be upon the property to be dedicated shall use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this Agreement, the term “Hazardous Substances” shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as 81 01225.0006/367559.3
16 hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as “Toxic Materials” in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies. (c) Developer has not caused or permitted the release of and has no knowledge of the release or presence of any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (d) Developer’s prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated.

12.2. Developer shall give prompt written notice to City of:
(a) Any proceeding or investigation by any federal, state or local governmental (b) authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (c) Any claims made or threatened by any third party against City or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and
(d) Developer’s discovery of any occurrence or condition on any property adjoining or in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental law.

13. General Provisions.

13.1. Successors and Assigns . This Agreement shall be binding upon all successors and assigns to Developer’s right, title, and interest in and to the Property and any portion thereof. Developer hereby consents to City recording this Agreement as official records of San Bernardino County, affecting fee title interest to the Property to provide constructive notice of the rights and obligations incurred by Developer in the City ’s approval of this Agreement. In the event the Property is subsequently conveyed by Developer to a third party prior to completion of the Works of Improvement, whereby the third party is intended to assume Developer’s responsibilities with regard to this Agreement, (the “Replacement Developer”), the rights and obligations of this Agreement shall transfer to the Replacement Developer; however, the Security Instruments required pursuant to Section 4 of this Agreement, and furnished by Developer as a condition of the City ’s approval of this Agreement, shall remain Developer’s responsibility to maintain until such time as Developer and its Replacement Developer enter 82 01225.0006/367559.3
17 into a Transfer and Assignment of Public Improvement Agreement, (the “Transfer Agreement”), to acknowledge the transfer of fee title to the Property from the Developer to its Replacement Developer, and to acknowledge the rights and obligations associated with this Agreement upon the Replacement Developer, including Replacement Developer’s responsibility to furnish replacement Security Instruments meeting the City’s approval pursuant to Section 4 of this Agreement. Until such time as a Transfer Agreement, meeting the City ’s approval, is executed by Developer and its Replacement Developer, and replacement Security Instruments meeting City ’s approval are furnished by the Replacement Developer, Developer retains sole responsibility for maintaining all Security Instruments required pursuant to Section 4 of this Agreement.

13.2. No Third-Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Developer intend to create any third-party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity.

13.3. No Vesting Rights. Performance by the Developer of this Agreement shall not be construed to vest Developer’s rights with respect to any change in any zoning or building law or ordinance.

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

13.5. Time of the Essence. Time is of the essence of Developer’s performance of all of its obligations under this Agreement.

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 Developers for the apportionment of costs of water and sewer mains, or other improvements pursuant to the provisions of the City ordinances providing, therefore. Nor shall anything in the Agreement commit City to any such apportionment.

13.8. Severability. 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. 83 01225.0006/367559.3
18 13.9. Captions. The captions of this Agreement are for convenience and reference only and shall not be used in the interpretation of any provision of this Agreement.

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

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

13.12. Entire Agreement; Waivers and Amendments . This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties.

13.13. Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall be deemed one original.

14. Authority. The persons executing this Agreement on behalf of the parties warrant the (I) party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other agreement to which said party is bound. [SIGNATURES ON NEXT PAGE]
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19 IN WITNESS WHEREOF, the City and the Developer have caused this Agreement to be executed the day and year first above written.

APPROVED AS TO FORM: APPROVED AS TO CONTENT:
___________________________
Fred Galante, City Attorney Hye Jin Lee, P.E.

Director of Public Works
Dated: _____________________ Dated: ___________________________ GREAT DRAGON, LLCBy
: _____________________________
Its: Authorized Agent
Charles Hailong Cui

CITY OF CHINO
Linda Reich, City Manager
Dated:

ATTEST:

Natalie Gonzaga, City Clerk
Dated: ___________________________
85 01225.0006/367559.3
86 01225.0006/367559.3 A-1
EXHIBIT “A”

LOCATION MAP
[attached]
87 88
01225.0006/367559.3 B-1
EXHIBIT “B”

WORKS OF IMPROVEMENT
13787 OAKS AVENUE
A. Removal of undesirable, dangerous and dead plant materials and roots.

B. All onsite and offsite grading as specified on the approved grading plan.

C. Relocation of all public utility structures as necessary to properly construct the required improvements.

D. Storm drain facilities as required and shown on the approved construction plans and in accordance with City Standards.

E. Sanitary sewers constructed as shown on the approved, engineered plans and in accordance with City Standards.

F. Water mains, valves, hydrants, services, meters and appurtenances to serve each lot as shown on the approved construction plans and in accordance with City Standards.

G. Underground installation of all electrical, telephone, cable television and any other energy or communication lines that abut or are within the project site.

H. A street lighting system (City-owned) in accordance with City Standards.

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

J. Installation of concrete curbs, gutters, sidewalks, cross gutters, driveways and intersections as shown on approved construction plans and in accordance with City Standards.

K. Installation of asphalt concrete or Portland Cement Concrete street pavement on base material as shown on approved construction plans and in accordance with City Standards.

L. Street signs at intersections per the City Standards.

M. Installation of approved landscaping (plants and materials).

The Developer shall also perform all work and furnish all materials necessary, in the opinion of the Director of Public Works or her designee and on h er order, to complete the improvements in accordance with the plans and specifications on file as hereinbefore specified, or any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work. 89 RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PL22-0027 (SA) OAKS INDUSTRIAL-PUBLIC IMPROVEMENTS LOCATION : OAKS STREET
By: GIL EVANGELISTA
DATE: 1/15/2025
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
EA Tree Removal 800.00 $ - $
3 CY Concrete Removal 325.00 $ 975.00 $
5 CY AC Pavement Removal 100.00 $ 500.00 $
CY Imported Common Fill (Incl. Compaction) 34.00 $ - $ 1200 SF Preparation of Subgrade, Sidewalk and Paving 1.00 $ 1,200.00 $ 30 LF PCC 8" Curb & 24" Gutter on 6" AB 26.00 $ 780.00 $ 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 $ - $ 620 SF 4" PCC Sidewalk 5.80 $ 3,596.00 $ SF 6" PCC Thick Drive Approach on 6" AB 12.50 $ - $ 700 SF 8" PCC Thick Drive Approach on 6" AB 15.00 $ 10,500.00 $ 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 $ - $
3 TON AC Variable - <300T 130.00 $ 390.00 $ TON AC Variable - >300T 120.00 $ - $
5 TON CAB Variable - <300T 100.00 $ 500.00 $ TON CAB Variable - >300T 90.00 $ - $
EngCostEstimate Page 1 of 10 Effective Date: January 1, 2021 90 RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PL22-0027 (SA) OAKS INDUSTRIAL-PUBLIC IMPROVEMENTS LOCATION : OAKS STREET
By: GIL EVANGELISTA
DATE: 1/15/2025
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 $ - $ 1 EA Street Light (City Owner) 7,700.00 $ 7,700.00 $ EA Electrical Pedestal 6,500.00 $ - $
EA Lot Monument Setting Fee 550.00 $ - $
130 LF Sawcut A.C. 3.00 $ 390.00 $
LF Sawcut Concrete 3.00 $ - $
3100 SF Cold Plane A.C. 2" Thick 0.28 $ 868.00 $ 3100 SF AC Overlay 2" Thick 2.00 $ 6,200.00 $ LF Signing & Striping for
Arterial 19.00 $ - $
Collector 13.00 $ - $
Local 7.00 $ - $
EA Traffic Signal (8 - Phase Controller) 350,000.00 $ - $ EA Modify existing Traffic Signal per Quadrant 75,000.00 $ - $ LF Chain Link Fence
4 foot Residential Grade (Add $7.00/LF for Removal of
Existing Fence) 25.00 $ - $
6 foot School fence (Add $9.00/LF for Removal of
Existing Fence) 35.00 $ - $
EA Utility Poles
Transmission 11,500.00 $ - $
Distribution 8,000.00 $ - $
Service 3,000.00 $ - $
1 EA Street Light Removal 2,000.00 $ 2,000.00 $ EngCostEstimate Page 2 of 10 Effective Date: January 1, 2021 91 RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PL22-0027 (SA) OAKS INDUSTRIAL-PUBLIC IMPROVEMENTS LOCATION : OAKS STREET
By: GIL EVANGELISTA
DATE: 1/15/2025
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
450 SF
Landscape (Including shrubs, Hardscape, Irrigation, Ground Cover, Lighting, Installation Labor and Connection to
Existing Systems) 15.00 $ 6,750.00 $
LF
14 foot Median with Landscape, Irrigation, Lighting,
Hardscape, Curb, Gutter & Pavement 300.00 $ - $ Rail Road Crossing
LS
Safety Equipment (Complete Including Crossing Gates,
Signs, and Lights) 500,000.00 $ - $
SF Track Crossing (Concrete) 175.00 $ - $
SF Approach 4.00 $ - $
EA S.W. Ramps (A.D.A. Compliant) 4,000.00 $ - $ EA Traffic Signal Loops 600.00 $ - $
SF Gravel Surfacing 25.00 $ - $
EA Local Depression 700.00 $ - $

STREETS
STREET SUBTOTAL 42,349.00 $
LS Mobilzation (5% of Construction Cost) 5% 2,117.45 $
LS Traffic Control (5% of Construction Cost) 5% 2,117.45 $ LS Clear & Grub Site (5% of Construction Cost) 5% 2,117.45 $ LS Excavation (Clean Material) (5% of Construction Cost) 5% 2,117.45 $ GRAND TOTAL STREETS ONLY 50,818.80 $
EngCostEstimate Page 3 of 10 Effective Date: January 1, 2021 92 RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PL22-0027 (SA) OAKS INDUSTRIAL-PUBLIC IMPROVEMENTS LOCATION : OAKS STREET
By: GIL EVANGELISTA
DATE: 1/15/2025
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 $ - $ LF
12" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 135.00 $ - $ LF
18" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 175.00 $ - $ LF Removal, Disposal of ACP and Backfill 150.00 $ - $ EA 6" Gate Valve 2,000.00 $ - $
EA 8" Gate Valve 2,600.00 $ - $
EA 12" Gate Valve 4,500.00 $ - $
EA 18" Gate Valve 7,500.00 $ - $
1 EA Fire Hydrant Assembly per City Std. 7,500.00 $ 7,500.00 $ EA Blow-off Assembly 4" per City Std. 8,600.00 $ - $ EA 2" Air Relief Assembly 4,500.00 $ - $
1 EA 1 1/2" Water Service/Meter 3,500.00 $ 3,500.00 $ EA 2" Water Service/Meter 4,500.00 $ - $
1 EA 1 1/2" Backflow Assembly 900.00 $ 900.00 $ WATER
WATER SUBTOTAL 11,900.00 $
LS Mobilzation (5% of Construction Cost) 5% 595.00 $
LS Traffic Control (5% of Construction Cost) 5% 595.00 $ GRAND TOTAL WATER ONLY 13,090.00 $
EngCostEstimate Page 4 of 10 Effective Date: January 1, 2021 93 RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PL22-0027 (SA) OAKS INDUSTRIAL-PUBLIC IMPROVEMENTS LOCATION : OAKS STREET
By: GIL EVANGELISTA
DATE: 1/15/2025
Quantity Unit Item Unit Total Cost
Price Per Item

RECYCLED WATER
LF Trench Support/Shoring (6 foot depth) 15.00 $ - $ CY Pipe Bedding (Imported) 90.00 $ - $
LF
6" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 80.00 $ - $ LF
8" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration. 100.00 $ - $ LF
12" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 135.00 $ - $ LF
18" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 175.00 $ - $ EA 6" Gate Valve 2,000.00 $ - $
EA 8" Gate Valve 2,600.00 $ - $
EA 12" Gate Valve 4,500.00 $ - $
EA 18" Gate Valve 7,500.00 $ - $
EA Fire Hydrant Assembly per City Std. 7,500.00 $ - $ EA Blow-off Assembly 5" per City Std. 8,600.00 $ - $ EA 2" Air Relief Assembly 4,500.00 $ - $
1 EA 1" Water Service/Meter 3,500.00 $ 3,500.00 $ EA 2" Water Service/Meter 4,500.00 $ - $

RECYCLED WATER
RECYCLED WATER SUBTOTAL 3,500.00 $
LS Mobilzation (5% of Construction Cost) 5% 175.00 $
LS Traffic Control (5% of Construction Cost) 5% 175.00 $ GRAND TOTAL RECYCLED WATER ONLY 3,850.00 $
EngCostEstimate Page 5 of 10 Effective Date: January 1, 2021 94 RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PL22-0027 (SA) OAKS INDUSTRIAL-PUBLIC IMPROVEMENTS LOCATION : OAKS STREET
By: GIL EVANGELISTA
DATE: 1/15/2025
Quantity Unit Item Unit Total Cost
Price Per Item
SEWER
LF Trench Support/Shoring 15.00 $ - $
LF
4" V.C.P Installed, including excavation, bedding, backfill and pavement restoration $75.00 - $
LF
8" V.C.P Installed, including excavation, bedding, backfill and pavement restoration $93.00 - $
LF
10" V.C.P. Installed, including excavation, bedding, backfill and pavement restoration $103.00 - $
LF
12" V.C.P. Installed, including excavation, bedding, backfill and pavement restoration $123.00 - $
LF
15" V.C.P. Installed, including excavation, bedding, backfill and pavement restoration $143.00 - $
LF
18" V.C.P. Installed, including excavation, bedding, backfill and pavement restoration $163.00 - $
LF
21" V.C.P. Installed, including excavation, bedding, backfill and pavement restoration $193.00 - $
LF
24" V.C.P. 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 - $
EA 48" Sewer Manhole $4,700.00 - $
EA 60" Sewer Manhole $7,500.00 - $
EA Sewer Cleanout $1,800.00 - $
26 LF
6" PVC Installed, including excavation, bedding, backfill and pavement restoration 80.00 $ 2,080.00 $
SEWER
SEWER SUBTOTAL 2,530.00 $
LS Mobilization (5% of Construction Cost) 5% 126.50 $
LS Traffic Control (5% of Construction Cost) 5% 126.50 $ GRAND TOTAL SEWER ONLY 2,783.00 $
EngCostEstimate Page 6 of 10 Effective Date: January 1, 2021 95 RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PL22-0027 (SA) OAKS INDUSTRIAL-PUBLIC IMPROVEMENTS LOCATION : OAKS STREET
By: GIL EVANGELISTA
DATE: 1/15/2025
Quantity Unit Item Unit Total Cost
Price Per Item

STORM DRAIN
LF 24" X 36" C.M.P.A. (10 Gauge) 230.00 $ - $ LF 27" x 43" C.M.P.A (10 Gauge) 250.00 $ - $ EA Storm Drain Manhole #1 10,000.00 $ - $
EA Junction Structure #2 (24" or larger) 8,850.00 $ - $ EA Junction Structure #4 (24" or smaller) 4,000.00 $ - $ EA Outlet Structure 7,000.00 $ - $
EA Catch Basin 3.5' Width 7,200.00 $ - $
EA Catch Basin 7' Width/L.D. 7,900.00 $ - $
EA Catch Basin 10' Width/L.D. 9,950.00 $ - $
EA Catch Basin 14' Width/L.D. 11,000.00 $ - $
EA Catch Basin 21' Width/L.D. 13,000.00 $ - $
LF
18 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 200.00 $ - $ LF
24 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 240.00 $ - $ LF
27 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 260.00 $ - $ LF
30 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 280.00 $ - $ LF
33 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 295.00 $ - $ LF
36 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 310.00 $ - $ LF
39 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 320.00 $ - $ LF
42 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 330.00 $ - $ LF
45 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 360.00 $ - $ LF
48 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 385.00 $ - $ LF
54 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 440.00 $ - $ LF
60 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 500.00 $ - $ EngCostEstimate Page 7 of 10 Effective Date: January 1, 2021 96 RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PL22-0027 (SA) OAKS INDUSTRIAL-PUBLIC IMPROVEMENTS LOCATION : OAKS STREET
By: GIL EVANGELISTA
DATE: 1/15/2025
Quantity Unit Item Unit Total Cost
Price Per Item

STORM DRAIN
LF
66 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 560.00 $ - $ LF
72 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 625.00 $ - $ LF
78 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 690.00 $ - $ LF
84 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 765.00 $ - $ LF
90 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 830.00 $ - $ LF
96 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 920.00 $ - $ LF
102 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 1,000.00 $ - $ LF
108 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 1,075.00 $ - $ LF
7' x 6' RCB Installed, including excavation, bedding, backfill and pavement restoration 700.00 $ - $
LF
7' x 8.5' RCB Installed, including excavation, bedding, backfill and pavement restoration 820.00 $ - $ LF
7' x 9.5' RCB Installed, including excavation, bedding, backfill and pavement restoration 870.00 $ - $ LF
8' x 11' RCB Installed, including excavation, bedding, backfill and pavement restoration 1,000.00 $ - $
LF
8' x 13' RCB Installed, including excavation, bedding, backfill and pavement restoration 1,100.00 $ - $
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 $ - $
1 EA Parkway Drain (S=12") 500.00 $ 500.00 $ - $

STORM DRAIN
STORM DRAIN SUBTOTAL 500.00 $
LS Mobilization (5% of Construction Cost) 5% 25.00 $
LS Traffic Control (5% of Construction Cost) 5% 25.00 $ GRAND TOTAL STORM DRAIN ONLY 550.00 $
EngCostEstimate Page 8 of 10 Effective Date: January 1, 2021 97 RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PL22-0027 (SA) OAKS INDUSTRIAL-PUBLIC IMPROVEMENTS LOCATION : OAKS STREET
By: GIL EVANGELISTA
DATE: 1/15/2025
Quantity Unit Item Unit Total Cost
Price Per Item
DIRECT COSTS GRAND TOTAL STREETS ONLY 50,818.80 $
GRAND TOTAL WATER ONLY 13,090.00 $
GRAND TOTAL RECYCLED WATER ONLY 3,850.00 $
GRAND TOTAL SEWER ONLY 2,783.00 $
GRAND TOTAL STORM DRAIN ONLY 550.00 $

GRAND TOTAL (FOR PLAN CHECK & INSPECTION FEE

DETERMINATION)
71,091.80 $
PROJECT ADDITIVES Project Contingencies 10% 7,109.18 $
Construction Staking 3% 2,132.75 $
Soils Testing 1% 710.92 $
Material Testing 1% 710.92 $
Construction Inspection 4.8% 3,412.41 $
Contract Administration 1% 710.92 $
GRAND TOTAL (FOR BOND AMOUNTS) 85,878.89 $
EngCostEstimate Page 9 of 10 Effective Date: January 1, 2021 98 RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PL22-0027 (SA) OAKS INDUSTRIAL-PUBLIC IMPROVEMENTS LOCATION : OAKS STREET
By: GIL EVANGELISTA
DATE: 1/15/2025
Quantity Unit Item Unit Total Cost
Price Per Item

BY ENGINEER
Prepared By: Gil Evangelista
R.C.E. Number: 32512
Expiration: 6/30/2025
Place R.C.E. Stamp and Signature Here (required)

BY CITY
Faithful Performance Bond (100% of Construction Cost) 85,900.00 $ Labor & Material Bond (50% of Construction Cost) 42,900.00 $ Warranty Bond (10% of Construction Cost) 8,600.00 $
EngCostEstimate Page 10 of 10 Effective Date: January 1, 2021 99 DEVELOPMENT ENGINEERING DIVISION CONDITIONS OF APPROVAL Reviewed/Approved By: JP Date: 5/8/23
Updated 5/17/2023
PROJECT NO. PL22-0027 (SA)

DATE: May 4, 2023 PC MEETING DATE: May 17, 2023

PROJECT DESCRIPTION: New Industrial Building

PROJECT LOCATION: Oaks Avenue s/o Schaefer (APN 1021-061-08)

APPLICANT: Leo D. Cho PROJECT ENGINEER: Jorge Alvarado

PRIOR TO THE T HREE MAJOR DEVELOPMENT EVENTS, THE APPLICANT SHALL SATISFY AND FULFILL ALL CONDITIONS OUTLINED BELOW. FAILURE TO COMPLY WITH ANY CONDITIONS OF

APPROVAL SHALL BE DEEMED JUST CAUSE FOR REVOCATION OF PROJECT APPROVAL BY THE PLANNING COMMISSION. HOWEVER, THE DIRECTOR OF DEVELOPMENT SERVICES SHALL HAVE

THE AUTHORITY TO APPROVE MINOR DEVIATIONS IN THE CONDITIONS OF APPROVAL, AND ALL PLANS INCLUDING THE CONSTRUCTION DRAWINGS.

1.0 PRIOR TO ISSUANCE OF BUILDING OR CONSTRUCTION PERMITS:

1.1. All required plans and studies shall be prepared by a 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. All maps, studies, calculation sheets, reports, etc. must be on and/or folded in an 11-inch by 8½-inch standard format.

1.2. 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 run off impact 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 mitigation measures.

1.3. Prepare and submit a final grading plan showing building footprints, pad elevations, finished grades, drainage routes, retaining walls, erosion control, slope easements and other pertinent information in accordance with Appendix J of the California Building Code, latest edition.

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

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

1.6. Design per City Standards and construct full public improvements for all impacted and interior streets/facilities in accordance with City Code, Standards and Specifications. Such public improvements shall include, but not be limited to, the following: (Please coordinate and verify all requirements with the project engineer.)

100
PROJECT NO. PL 22-0027 (SA) 2 April 5, 2023

Street Names
Oaks Ave

Curb & Gutter (Offset from Centerline)
Sidewalk (Width) X (5’)
Asphalt Concrete Pavement on Aggregate
Base (Width from Centerline)

Asphalt Concrete Grind & Overlay (Edge of
gutter to Street Centerline)
X
Street Lights (relocation) X
Median Island and Landscaping
Parkway Landscaping X
Striping and Traffic Controls
Traffic Signal Interconnect
Conduit System for CATV
Sewer Service X
Storm Drain
Domestic Water Service X
Recycled Water Service X
Fire Hydrant as req’d by CVIFD (relocation) X
Other

1.7. 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.

1.8. Design and install a monitoring manhole (per City Standard No. 530) on each domestic sewer lateral connection from any industrial building into the City's main sewer or into a private sewer main that is tributary to the City's main sewer. In addition, design and install a sampling Wye on a stubbed- out sewer lateral connection into the main sewer for each industrial building in this development.

1.9. Execute a Public Improvement Agreement and submit security in an amount acceptable to the City Engineer to guarantee construction of the public improvements listed in 1. 7. All security must be accessible to the City at any time and in a form acceptable to the Assistant City Manager, pursuant to Government Code, Section 66499.

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

1.11. Obtain design and plan approval from appropriate utility companies for undergrounding all utility lines adjoining and interior to the project, including power lines of 34.5kV or less in accordance with City Code, Chapter 13.32.

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

1.13. Provide a Pedestrian Accessibility Route Plan that labels and indicates the path location and conceptual design of the following structures and facilities:
a. Sidewalks and walks (public right of way sidewalk, walks within the development); b. Vehicular crossings (at driveways)
101
PROJECT NO. PL 22-0027 (SA) 3 April 5, 2023

1.14. The Pedestrian Accessibility Route Plan requested in 1.13 should clearly indicate structures that are proposed with this site and future per other phases and/or site plans. Pedestrian facilities (privately or publicly owned) that are open to the public shall comply with accessibility standards in the CBC and ADA regulations per Part 36 of Title 28, which include the 2010 (ADA) Standards.

1.15. Pay all applicable fees pursuant to City Code including, but not limited to, the Development Impact Fees (DIF) and Sewage Facilities Development Fee (SFDF). The actual amount of fees due to the City will be based on the fee schedule in place on the date 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 Section 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 r equests notice of such changes, pursuant to Government Code Section 66019(b) and Chino Municipal Code Section 3.40.080(B) or 3.45.080(B).

1.16. 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.

1.17. Pursuant to Santa Ana Regional Water Quality Control Board Order Number R8-2010-0036, NPDES Permit No. CAS618036, prepare a project -specific Water Quality Management Plan (WQMP) and submit to the project engineer for review and approval. To address NPDES Permit requirements to the maximum extent practicable, the project shall be designed to specify preferential use of Low Impact Development Best Management Practices that reduce 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.

1.18. 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 applica nt/property owner in accordance with City Code, Chapter 13.04.175 and 13.12.150.

1.19. Convey ownership of all existing onsite water wells to the City and convert to monitoring wells as directed by the City’s Water Utilities Supervisor. Prepare and record any necessary easements to provide the City with access to the monitoring wells. Any existing water wells that cannot be feasibly converted to monitoring wells shall be destroyed per City Standard No. 465.

1.20. Potable water to be used for grading operations, dust c ontrol activities, and common area/public landscape irrigation at the time of permit issuance.

1.21. 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.

1.22. 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. 102
PROJECT NO. PL 22-0027 (SA) 4 April 5, 2023

1.23. Comply with all requirements of the approved Traffic Impact Analysis (TIA) dated January 20, 2023 including participation in fair share contributions and construction of required improvements and mitigation measures.

1.24. Relocation of streetlight shall per City of Chino standards and shall continue to meet City of Chino standards for lighting requirements on Oaks Avenue.

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

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

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

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

2.4. 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.

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

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

2.7. 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.

3.0 PRIOR TO FINAL ACCEPTANCE/PROJECT CLOSEOUT:

3.1 Complete all Conditions of Approval listed under Sections 1-3 above.

3.2 Submit to the City, electronic files of “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.

Attachment
103

Rev 10/19/22

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

DEVELOPMENT ENGINEERING DIVISION

ITEMS REQUIRED FOR FIRST PLAN CHECK SUBMITTAL
PROJECT NO. PL22-0027 (SA)

PROJECT ENGINEER: Jorge Alvarado
DATE: 5/4/2023

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

Copy of Development Engineering Division Conditions of Approval

Maps (Subdivision Only)

Preliminary Title Report (no older than six months) (Subdivision Only)

Closure Calculations (Subdivision Only)

Referenced Maps (Subdivision Only)

Preliminary Soils Report (no older than sixty days)

Lot line adjustment certificate

Lot merger

Right-of-way dedication

Rough Grading Plans

Precise Grading Plans

Storm Drain Plans (may be included in Precise Grading Plans)

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

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

Street Improvements Plans (for all work within public right-of-way)

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

Sewer Plans (Delta Revision for sewer service addition)

Domestic Water Plans (Delta Revision for water services)

Recycled Water Plans (Delta Revision for recycled water service)

Street Light Plans (Delta Revision for Street Light relocation)

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

Signing and Striping Plans

Traffic Signal Interconnect Plans

Traffic Signal Plans

Water Quality Management Plan

Construction Management Plan

104
01225.0006/367559.3 C-1
EXHIBIT “C”

ENVIRONMENTAL WARRANTY
13787 OAKS AVENUE
As a condition precedent to acceptance of the dedications and public improvements to be conveyed by the above -named Developer to the City of Chino for the above-referenced Subdivision, Developer hereby warrants to the City of Chino that:

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

2. Neither Developer nor any other person with Developer’s permission to be upon the property to be dedicated has used, generated, manufactured, produced, or released, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this warranty, the term “Hazardous Substances ” shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as “Toxic Materials”in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies.

3. Developer has not caused or permitted the release of and has no knowledge of the release or presence of any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated.

4. Developer’s prior and present use of the property to be dedicated has not resulted in the release of any Hazardous Substance on the property to be dedicated.

5. All persons executing this warranty hereby represent and warrant to the City of Chino, and Developer hereby represents and warrants, that the signators hereto have the legal power, right and authority to execute this warranty on behalf of the Developer and that the signators hereto have sufficient knowledge or expertise, either personally, through reasonable inspection and investigation of the property, or through reasonable reliance upon the investigation and professional opinion of Developer’s environmental experts, to make the representations herein, and that no consent of any other party is required to execute this warranty and make the representations herein on behalf of the Developer to the City of Chino.
105
01225.0006/367559.3 C-2
Each of the undersigned persons declares under penalty of perjury that the foregoing is true and correct.

Dated: _________________________
GREAT DRAGON, LLC*
By:
*Proof of authorization for Developer’s signatures is required to be submitted concurrently with this environmental warranty.
106

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 21, 2026

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

SUBJECT
..titl e
Conditional Approval of a Covenant Agreement to Annex for Sanitary Sewer Service and request approval from the San Bernardino Local Agency Formation Commission (LAFCO) for sanitary sewer service for the property located at 3910 Chino Avenue for a proposed single- family home and Accessory Dwelling Unit (ADU) located within the City of Chino’s Sphere of Influence.
..end

RECOMMENDATION
1) Adopt Resolution No. 2026-024 conditionally approving a Covenant Agreement to Annex for Sanitary Sewer; 2) request approval from the San Bernardino Local Agency Formation Commission for sanitary sewer service for the property located at 3910 Chino Avenue within the City of Chino's Sphere of Influence; and 3) authorize the City Manager to execute all the necessary documents on behalf of the City.
..body

FISCAL IMPACT
There is no direct fiscal impact to the City’s General Fund. All costs associated with utility connections, plan check, and LAFCO processing will be fully burdened by the applicant. Upon connection to the public sewer, the following fees will apply:
 Sewer Development Impact Fee (DIF): T his one-time fee is assessed for all new connections to the City’s sewer system.
 Inland Empire Utilities Agency (IEUA) Sewage Facilities Development Fee (SFDF): one - time fee for a new sewer connection within the IEUA service area.

In addition to one-time fees, property owners will be billed monthly for ongoing sewer service:
 Sewer Maintenance Fee (City)
 Wastewater Treatment Fee (pass-through to IEUA)

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

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. 107
CITY COUNCIL MEETING DATE: APRIL 21, 2026
TITLE: CONDITIONAL APPROVAL OF A COVENANT AGREEMENT TO ANNEX FOR

SANITARY SEWER SERVICE AND REQUEST APPROVAL FROM THE SAN BERNARDINO

LOCAL AGENCY FORMATION COMMISSION (LAFCO) FOR SANITARY SEWER SERVICE FOR THE PROPERTY LOCATED AT 3910 CHINO AVENUE FOR A PROPOSED SINGLE-

FAMILY HOME AND ACCESSORY DWELLING UNIT (ADU) LOCATED WITHIN THE CITY OF CHINO’S SPHERE OF INFLUENCE.

PAGE: 2

BACKGROUND
The subject property, located at 3910 Chino Avenue, is situated within the unincorporated area of San Bernardino County and within the City of Chino’s Sphere of Influence (SOI). The property has a General Plan land use designation of Residential RD 2 (1 –2 dwelling units per acre). The site is contiguous to the City’s corporate boundaries and is currently a vacant parcel proposed for development with a single-family residence and an Accessory Dwelling Unit (ADU).

The property owner has submitted a development application to the County of San Bernardino for the proposed project. As part of this request, the p roperty owner is seeking to connect the future single -family residence, and ultimately the proposed ADU, to the City’s public sanitary sewer system.

City staff evaluated service availability and confirmed that connection can be provided via an existing 8 -inch sewer main in Roswell Avenue. This facility is adequate to serve both the residence and the proposed ADU.

In 2025, the City Council adopted Resolution No. 2025 -021, updating the Sewer Connection Policy and establishing revised criteria for requests wit hin the SOI. Pursuant to this policy, staff evaluated the subject request and determined that annexation, while technically feasible given the property’s contiguity to the City boundary, is not practical due to the disproportionate cost associated with annexation for a single property owner.

Accordingly, an Ability to Serve Letter was issued on March 2, 2026. The current request qualifies under Section 1 of the policy, which applies to properties within the SOI. The proposed development is considered non-sizable, is consistent with the applicable General Plan land use and zoning designation and meets all criteria for connection to the City’s public sanitary sewer system.

Pursuant to the current policy, a recommendation from the Infrastructure and Streets Committee is not required for this type of request. Therefore, staff is authorized to present the application directly to the City Council for consideration.

ISSUES/ANALYSIS
The San Bernardino County Local Agency Formation Commission (LAFCO) would likely require annexation of a broader area beyond the subject property in order to establish a logical and cohesive service boundary. However, coordinating such an annexation effort would impose an unreasonable administrative and financial burden on a sing le property owner. The combined cost of LAFCO application fees, together with associated City, County, and construction -related costs, renders annexation cost-prohibitive for the applicant at this time.

Consistent with the City’s adopted policy, the property owner will instead execute an Irrevocable Agreement to Annex (attached to the Resolution as Exhibit B), which commits the property to annex into the City of Chino at a future date when a broader annexation becomes feasible.

Upon adoption of Resolution No. 2026-024, the City Manager will be authorized to execute and submit a LAFCO Application for Extension of Services by Contract (attached as Exhibit A).

Approval of the Irrevocable Agreement to Annex is contingent upon the following:
108
CITY COUNCIL MEETING DATE: APRIL 21, 2026
TITLE: CONDITIONAL APPROVAL OF A COVENANT AGREEMENT TO ANNEX FOR

SANITARY SEWER SERVICE AND REQUEST APPROVAL FROM THE SAN BERNARDINO

LOCAL AGENCY FORMATION COMMISSION (LAFCO) FOR SANITARY SEWER SERVICE FOR THE PROPERTY LOCATED AT 3910 CHINO AVENUE FOR A PROPOSED SINGLE-

FAMILY HOME AND ACCESSORY DWELLING UNIT (ADU) LOCATED WITHIN THE CITY OF CHINO’S SPHERE OF INFLUENCE.

PAGE: 3

1. LAFCO approval of the City’s request to extend sanitary sewer service by contract; and

2. Full reimbursement by the applicant for all costs incurred by the City in the preparation, submittal, and processing of the LAFCO application.

The City Manager shall be authorized to execute the Irrevocable Agreement to Annex on behalf of the City only upon receipt of written confirmation from LAFCO that the service extension request has been approved. If LAFCO denies the request, or if the applicant fails to fully reimburse the City, the agreement shall not be executed and sanitary sewer service shall not be extended.

Attachments:

Resolution No. 2026-024
Exhibit A – LAFCO Application for Extension of Services by Contract Exhibit B – Irrevocable Agreement to Annex
Exhibit C – Sewer Lateral Map
Ability to Serve Letter (dated March 2, 2026)
City Sanitary Sewer Policy – Resolution No. 2025-021

109
RESOLUTION NO. 2026-024

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

CALIFORNIA, CONDITIONALLY APPROVING A COVENANT

AGREEMENT TO ANNEX FOR SANITARY SEWER SERVICE AND

REQUEST APPROVAL FROM LAFCO (ASSESSOR PARCEL NUMBER
1019-272-06)

WHEREAS, the City of Chino received a request to provide sanitary sewer service to a property outside of its jurisdictional boundaries but within its sphere of influence, located at 3910 Chino, Chino, CA 91710 (APN 1019-272-06) (“Property”); and

WHEREAS, pursuant to Resolution No. 2025-021, the City’s policy is to only allow new or existing developments located outside of the City’s jurisdictional boundaries but within its sphere of influence to connect to the City’s sanitary sewer system in accordance with the following requirements:

(1) If the parcel is not contiguous to the City boundary, the owner of the parcel must execute and file an irrevocable agreement to annex to the City at such t ime as sufficient parcels can be assembled and qualify for annexation in accordance with Local Agency Formation Commission (“LAFCO”) policy pertaining to such annexations.

(2) If the parcel is contiguous to a City boundary, the owner will be required to annex t he parcel to the City, or, if this is determined to be infeasible, to execute an irrevocable agreement to annex.

(3) Finally, all p arcels requesting sewer service must be developed in accordance with the City’s General Plan and in conformance with all City codes and standards; and
WHEREAS, the Property is contiguous to the City boundary, but annexation has been determined to be infeasible at this time and the owner of the Property has executed an irrevocable agreement to annex; and

WHEREAS, pursuant to Government Code Section 56133, the City may only provide new or extended services by agreement outside of its jurisdictional b oundary if it first requests and receives written approval from LAFCO.

NOW, THEREFORE, BE IT RESOLVED, that the City of Chino does hereby determine, find, resolve, and order as follows:

SECTION 1. The City Manager or designee is authorized to execute the San Bernardino LAFCO Application for Extension of Service by Contract (attached to this Resolution as Exhibit A) and to submit the Application to the San Bernardino County LAFCO.

SECTION 2. The Covenant Agreement to Annex for Sanitary Sewer Service (“Agreement”) (attached to this Resolution as Exhibit B) is approved, conditioned on (i) approval by LAFCO, and (ii) reimbursement by the applicant of all application fees and other costs incurred by the City in preparing, submitting, and processing a request to LAFCO to extend sewer service to the Property 110
RESOLUTION NO. 2026-024

pursuant to Government Code Section 56133 (“Reimbursement”). T he City Manager is authorized to execute t he Agreement on behalf of the City following notification by LAFCO that the City’s request to extend services to the Property has been approved and following Reimbursement by the applicant . If the City’s request to extend service to the Property is not approved by LAFCO or if applicant does not submit a full Reimbursement to the City, the Agreement shall not be executed by the City.

APPROVED AND ADOPTED THIS 21st DAY OF APRIL 2026.

EUNICE M. ULLOA, MAYOR

ATTEST:

NATALIE GONZAGA, CITY CLERK

111
RESOLUTION NO. 2026-024

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 forgoing Resolution was duly adopted by the City Council at a regular meeting held on the 21st day of April 2026, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

NATALIE GONZAGA, CITY CLERK

Attachments: Exhibit A – LAFCO Application
Exhibit B – Covenant Agreement to Annex
112
____________________
(FOR LAFCO USE ONLY)

SAN BERNARDINO LAFCO

APPLICATION FOR

EXTENSION OF SERVICE BY CONTRACT
(A certified copy of the City Council/District Board of Directors resolution or a letter from the City Manager/General Manager requesting approval for an out-of-agency service agreement must be submitted together with this application form.)
AGENCY TO EXTEND SERVICE:

AGENCY NAME: _________________________________________ CONTACT PERSON: _________________________________________ ADDRESS: _________________________________________ _________________________________________
PHONE: _________________________________________
EMAIL: _________________________________________
CONTRACTING PARTY:

NAME OF
PROPERTY OWNER: _________________________________________ CONTACT PERSON: _________________________________________ MAILING ADDRESS: ____________
____________
PHONE:

EMAIL:

ADDRESS OF PROPERTY
PROPOSED FOR CONTRACT: _________________________________________ _________________________________________
CONTRACT NUMBER/IDENTIFICATION: _________________________________________ PARCEL NUMBER(S): _________________________________________ ACREAGE: _________________________________________
City of Chino
Jesus Plasencia
13220 Central Avenue
Chino, CA 91710
(909) 334-3418
Chino, CA 91710
Adam Thin h Chung
Adam Thin h Chung
3910 Chino Avenue
1019-272-06
10,500 SF
113
Extension of Service by Contract ____________________
Application Form (FOR LAFCO USE ONLY)
The following questions are designed to obtain information related to the proposed agreement/contract to allow the Commission and staff to adequately assess the proposed service extension. You may include any additional information which you believe is pertinent.

Please use additional sheets where necessary.

1. (a) List the type or types of service(s) to be provided by this agreement/contract. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ (b) Are any of the services identified above "new" services to be offered by the agency? YES NO. If yes, please provide explanation on how the agency is able to provide the service.
________________________________________________________________ ________________________________________________________________ ________________________________________________________________

2. Is the property to be served within the agency's sphere of influence? YES NO

3. Pl
ease provide a description of the service agreement/contract. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

4. (a) Is annexation of the territory by your agency anticipated at some point in the future?
YES NO. If yes, please provide a projected timeframe when it anticipates filing an application for annexation of territory that would include the area to be served. If no, please provide an explanation as to why a jurisdictional change is not possible at this time.
________________________________________________________________ ________________________________________________________________ ________________________________________________________________ Sewer service for the single-family residence and
The property owner is entering into an irrevocable agreement to annex the property as a condition of receiving sewer service.

Accessory Dwelling Unit (ADU).
114
Extension of Service by Contract ____________________
Application Form (FOR LAFCO USE ONLY)
(b) Is the property to be served contiguous to the agency's boundary? YES NO. If yes, please provide explanation on why annexation to the agency is not being contemplated.
________________________________________________________________ ________________________________________________________________ ________________________________________________________________

5. Is the service agreement/contract outside the Agency’s sphere of influence in response to a threat to the public health and safety of the existing residents as defined by Government Code Section 56133(c)?
YES NO. If yes, please provide documentation regarding the circumstance (i.e. letter from Environmental Health Services or the Regional Water Quality Control Board). ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

6. (a) What is the existing use of the property?
________________________________________________________________ ________________________________________________________________ (b) Is a change in use proposed for the property ?
YES NO. If yes, please
provide a description of the land use change.
________________________________________________________________ ________________________________________________________________

7. If the service agreement/contract is for development purposes, please provide a complete description of the project to be served and its approval status. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ The financial burden of annexation is not feasible for an individual property owner with a single lot.

Residential (RD 2)
n/a
115
Extension of Service by Contract ____________________
Application Form (FOR LAFCO USE ONLY)

8. Are there any land use entitlements/permits involved in the agreement/contract? YES NO. If yes, please provide documentation for this entitlement including the conditions of approval and environmental assessment that are being processed together with the project. Please check and attach copies of those documents that apply:

Tentative Tract Map / Parcel Map
Permit (Conditional Use Permit, General Plan Amendment, etc.) Conditions of Approval
Negative Declaration (Initial Study)
Notice of Determination (NOD)/Notice of Exemption (NOE) Department of Fish and Game (DFG) Receipt
Others (please identify below)
________________________________________________________________ ________________________________________________________________

9. Has the agency proposing to extend service conducted any CEQA review for this contract? YES NO. If yes, please provide a copy of the agency’s environmental assessment including a copy of the filed NOD/NOE and a copy of the DFG Receipt.

10. Plan for Service:
(a) Please provide a detailed description of how services are to be extended to the property. The response should include, but not be limited to, a description of:
1) capacity of existing infrastructure, 2) type of infrastructure to be extended or added to serve the area, 3) location of existing infrastructure in relation to the area to be served, 4) distance of infrastructure to be extended to serve the area, and 5) other permits required to move forward with the service extension. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ An 8-inch sewer main is available within the public right-of-way on Roswell Avenue. There is sufficient capacity to accommodate the proposed service conn ection. The proposed project is located within 250 feet of the main line.

The property owner will retain a licensed contractor for the construction of the sewer lateral. This work will require a delta revision to the approved plans.

Up on approval of the revised plan, the connection may proceed in acc ordance with the City's requirements.
116
Extension of Service by Contract ____________________
Application Form (FOR LAFCO USE ONLY)
________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ (b) Please provide a detailed description of the overall cost to serve the property.

The response should include the costs to provide the service (i.e. fees, connection charges, etc.) and also the costs of all improvements necessary to serve the area (i.e. material/equipment costs, construction/installation costs, etc.).

Description of Fees/Charges Cost Total
Total Costs
(c) Please identify any unique costs related to the service agreement such as premium outside City/District rates or additional 3rd-party user fees and charges (i.e. fees/charges attributable to other agencies).
________________________________________________________________ ________________________________________________________________ ________________________________________________________________ Sewer Development Impact Fee
$610.98
$610.98
Sewage Facilities Development
$8,620
$8,620

Estimated Construction Costs
tbd
tbd
Plan Check & Inspection
$1,500
$1,500
Right-of-Way Permit
$282
$282
Note: Does not include other costs such as
County permit fees, mobilization, road, repair, etc.
tbd
tbd
n/a
117
Extension of Service by Contract ____________________
Application Form (FOR LAFCO USE ONLY)
(d) If financing is to occur, please provide any special financial arrangement between the agency and the property owner, including a discussion of any later repayment or reimbursement (If available, a copy of the agreement for repayment/reimbursement is to be provided).
________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 11 Does the City/District have any policies related to extending service(s) outside its boundary? YES NO. If yes, has a copy been provided to LAFCO? YES NO. If not, please include a copy of the policy or policies (i.e. resolution, municipal code section, etc.) as part of the application. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________

CCEERRTTIIFFIICCAATTIIOONN
As a part of this application, the City/Town of _________________, or the ______________________ District/Agency agree to defend, indemnify, hold harmless, promptly reimburse San Bernardino LAFCO for all reasonable expenses and attorney fees, and release San Bernardino LAFCO, its agents, officers, attorneys, and employees from any claim, action, proceeding brought against any of them, the purpose of which is to attack, set aside, void, or annul the approval of this application or adoption of the environmental document which accompanies it.

This indemnification obligation shall include, but not be limited to, damages, penalties, fines and other costs imposed upon or incurred by San Bernardino LAFCO should San Bernardino LAFCO be named as a party in any litigation or administrative proceeding in connection with this application.

The agency signing this application will be considered the proponent for the proposed action(s) and will receive all related notices and other communications. I understand that if this application is approved, the Commission will impose a condition requiring the applicant to indemnify, hold harmless and reimburse the Commission for all legal actions that might be initiated as a result of that approval.

CHINO
Resolution 2025-021
n/a
118
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120
121
122
123
124
125
126
127
128
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136

MEMORANDUM

CITY OF CHINO

HUMAN RESOURCES DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 21, 2026

TO: LINDA REICH, CITY MANAGER
FROM: TERRY DOYLE, DIRECTOR OF HUMAN RESOURCES/RISK MANAGEMENT

SUBJECT
..titl e
Authorize the City of Chino to join Public Risk Innovation, Solutions, and Management (PRISM) for Fiscal Year 2026-27 for general and excess municipal liability insurance coverage. ..end

RECOMMENDATION
..recommendation
Adopt Resolution No. 2026-025 authorizing the City of Chino to join Public Risk Innovation, Solutions, and Management (PRISM) for the City’s general and excess municipal liability insurance coverage effective Fiscal Year 2026 -27; designate the City Manager as primary member and Director of Human Resources/Risk Management as alternate member representative to the PRISM Governing Board; and authorize the City Manager to execute all required membership agreements to bind coverage with PRISM and related carriers. ..body

FISCAL IMPACT
There is no fiscal impact for FY 2025 -26. The app roximate n et fiscal impact for Fiscal Year 2026-27 will be an increase of $1,284,552 , which will be incorporated into the FY2026 -27 Proposed Budget, within Fund 630 Liability Insurance.

CITY OF CHINO 2026-2027 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:
 Superior Customer Service
 Financial Stability
 Responsible Long-Range Planning
 Public Service Excellence through Internal and External Partnerships

Revenue:

Expenditure: 6305010-43270 & 43250
Transfer In: Transfer Out:
137
CITY COUNCIL MEETING DATE: APRIL 21, 2026
TITLE: AUTHORIZE THE CITY OF CHINO TO JOIN PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT (PRISM) FOR FISCAL YEAR 2026 -27 FOR GENERAL AND EXCESS MUNICIPAL LIABILITY INSURANCE COVERAGE.

PAGE: 2

BACKGROUND
As a municipal organization, the City of Chino is authorized to manage all risks associated with local government operations, including general liability, workers’ compensation, claims against the City and lawsuits.

Since 2007, the City has maintained stand-alone insurance coverage and utilizes an insurance broker to procure insurance programs to mitigate significant risks that could otherwise impact the City’s ability to operate and provide services to the community. The City’s current insurance broker is AON Risk Insurance Services West.

As the cost of claims continues to increase, insufficient coverage may expose the City to significant financial risk. To ensure the City remains properly protected, staff conducted a comprehensive review and analysis of th e City’s existing insurance portfolio and compared it to four Joint Powers Insurance Authorities (JPAs) commonly used by California cities, counties, and special districts.

ISSUES/ANALYSIS
During the February 10, 2026, Study Session, City staff present ed to the City Council a comprehensive overview of the City’s current insurance programs and four JPAs: the California Joint Powers Risk Management Authority (CJPRMA), California Intergovernmental Risk Authority (CIRA), Public Entity Risk Management Author ity (PERMA), and Public Risk Innovation, Solutions, and Management (PRISM).

The presentation highlighted the benefits and key considerations associated with joining a JPA.

Benefits include reduced exposure to catastrophic losses, access to specialized le gal and risk management resources, and opportunities for member involvement in governance and oversight. Key considerations include shared liability for losses incurred by other members, the possibility of future assessments or increased contributions, red uced autonomy over certain coverage decisions, and mandatory advance notice for withdrawing from a JPA.

In addition, City staff presented a thorough overview and comparison of the out-of- pocket deductibles and limits provided by the City’s current insura nce carriers and each of the four JPAs. The intent of the comparison was to find alternative insurance that reduces the City’s out-of-pocket deductibles while maintaining the same, or higher, coverage limits under a JPA.

Based on this analysis, staff recommended pursuing membership with PRISM. Participation in PRISM would strengthen the City’s overall risk management program while providing enhanced financial protection through risk pooling, reduced out-of-pocket deductibles, and greater comprehensive coverage. In addition, many
JPAs already purchase coverage through PRISM, giving the City direct access to this coverage while avoiding extra administrative fees that other JPAs may charge.

At the conclusion of the Study Session, the City Council direct ed staff to proceed with pursuing PRISM membership effective July 1, 2026.

138
CITY COUNCIL MEETING DATE: APRIL 21, 2026
TITLE: AUTHORIZE THE CITY OF CHINO TO JOIN PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT (PRISM) FOR FISCAL YEAR 2026 -27 FOR GENERAL AND EXCESS MUNICIPAL LIABILITY INSURANCE COVERAGE.

PAGE: 3

Below is a table summarizing the City’s insurance elections for Fiscal Year 2026 -27 by insurance coverage type, out-of-pocket deductibles, coverage limits, and premium estimates.

Insurance Coverage Type Out-of-pocket
Deductible Coverage Limit Premium
Estimates
General Liability (Includes
Employment Practice Liability) $1 MIL $50 MIL $2,655,000 Workers’ Compensation $500 K Statutory $395,000
Property (DIC -Flood and
Earthquake) $25 K $700 MIL $580,000
Cyber $3 MIL $100 K $69,300
Crime $1 MIL $10 K $5,500
Aviation $50 K $3.7 MIL (Hull)/ $25 MIL
Liability $60,000
- - Total $3,764,800

As part of the underwriting process for membership, PRISM has begun evaluating the City’s risk profile, including claims history, operational exposures, and existing risk management practices. In addition, the City’s membership application will be present ed for final underwriting approval to the PRISM Underwriting Committee meeting on May 6, 2026.

Prior to PRISM’s Board Meeting, the City Council is required to formally approve Resolution No. 2026-025, approving membership into PRISM and designating the City Manager as the primary board representative and the Director of Human Resources/Risk Management as the alternate.

The approximate cost of the premium estimates will increase by $1,284,552 , with $640,000 due to the including of earthquake, flood and aviation insurance.

Attachments: Resolution No. 2026-025
PRISM Membership Application
MOU’s

139
CITY COUNCIL MEETING DATE: APRIL 21, 2026
TITLE: AUTHORIZE THE CITY OF CHINO TO JOIN PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT (PRISM) FOR FISCAL YEAR 2026 -27 FOR GENERAL AND EXCESS MUNICIPAL LIABILITY INSURANCE COVERAGE.

PAGE: 4

140
RESOLUTION NO. 2026-025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CHINO, CALIFORNIA TO JOIN PUBLIC RISK INNOVATION,

SOLUTIONS, AND MANAGEMENT

WHEREAS, Article 1, Chapter 5, Division 7, Title 1 of the California Government Code (Section 6500 et seq .) permits two or more public agencies by agreement to exercise jointly powers common to the contracting parties; and

WHEREAS, the City of Chino desires to join together with the members of the Public Risk Innovation, Solutions, and Management (PRISM) for the purpose of jointly funding and/or establishing excess and other insurance programs as determined; and

WHEREAS, PRISM has determined that it is necessary for each member of PRISM to delegate to a person[s] or position[s] authority to act on the membe r’s behalf in matters relating to the member and PRISM;

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Chino that the City of Chino does hereby approve becoming a member of the Public Risk Innovation, Solutions, and Management , and authorizes the execution of the Public Risk Innovation, Solutions, a nd Management Joint Powers Agreement , and except as to actions that must be approved by the City Manager or Director of Human Resources/Risk Management, is hereby appointed to act in all matters relating to the member and PRISM.

PASSED AND ADOPTED by the City Council this 21ST day of April, 2026.

By:____________________________________
EUNICE M. ULLOA, MAYOR

ATTEST:

____________________________

NATALIE GONZAGA

CITY CLERK
141

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §

CITY OF CHINO )

I, NATALIE GONZAGA, City Clerk of the City of Chino, California, do hereby certify that the foregoing Resolution was adopted by the City Council of said City at a regul ar meeting of said City Council held on the 21st day of April 2026, and that it was so adopted by called vote as follows:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

NATALIE GONZAGA, CITY CLERK

142
JPA, PRISM Amended: June 30, 2020

Adopted: October 5, 1979
Amended: May 12, 1980
Amended: January 23, 1987
Amended: October 7, 1988
Amended: March 1993
Amended: November 18, 1996
Amended: October 4, 2005
Amended: February 28, 2006
Amended: June 30, 2020

JOINT POWERS AGREEMENT

PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT

This Agreement is executed in the State of California by and among those counties and public entities organized and existing under the Constitution of the State of California , which a re parties signatory to this Agreement. Public Risk Innovation, Solutions , and Management (referred to herein as PRISM), formerly known as CSAC Excess Insurance Authority , was formed under the sponsorship of CSAC. California counties, hereinafter called member counties, and public entities, hereinafter called member public entities, (collectively “members”) shall be listed in Appendix A, which shall be attached hereto and made a part hereof.

RECITALS

WHEREAS, Article 1, Chapter 5, Division 7, Title 1 o f the California Government Code (Section 6500 et seq.) permits two or more public agencies by agreement to exercise jointly powers common to the contracting parties; and

WHEREAS, Article 16, Section 6 of the California Constitution provides that insuran ce pooling arrangements under joint exercise of power agreements shall not be considered the giving or lending of credit as prohibited therein; and

WHEREAS, California Government Code Section 990.4 provides that a local public entity may self-insure, purchase insurance through an authorized carrier, or purchase insurance through a surplus line broker, or any combination of these; and

WHEREAS, pursuant to California Government Code Section 990.6, the cost of insurance provided by a local public entity is a proper charge against the local public entity; and

WHEREAS, California Government Code Section 990.8 provides that two or more local entities may, by a joint powers agreement, provide insurance for any purpose by any one or more of the methods specified in Government Code Section 990.4 and such pooling of self -insured claims or losses is not considered insurance nor subject to regulation under the Insurance Code; and

WHEREAS, the counties and public entities executing this Agreement desire to join to gether for the purpose of jointly funding and/or establishing excess and other insurance programs as determined;

NOW THEREFORE, the parties agree as follows:

ARTICLE 1

DEFINITIONS

“CSAC" shall mean the County Supervisors Association of California, dba California State Association of Counties.

"Board of Directors" or "Board" shall mean the governing body of PRISM.

"Claim" shall mean a claim made against a member arising out of an occurrence , which is covered by an excess or primary insurance program of PRISM in which the member is a participant. 143
JPA, PRISM Amended: June 30, 2020

"Executive Committee" shall mean the Executive Committee of the Board of Directors of PRISM.

"Fiscal year" shall mean that period of twelve months which is established by the Board of Directors as the fiscal year of PRISM.

"Government Code" shall mean the California Government Code.

“Insurance program” or “program” shall mean a program which has been designated as a major program of PRISM under which participating members are protected against designate d losses, either through joint purchase of primary or excess insurance, pooling of self -insured claims or losses, purchased insurance or any other combination as determined by the Board of Directors. The Board of Directors, the Executive Committee , or a p rogram’s governing committee may determine applicable criteria for determining eligibility in any insurance program, as well as establishing program policies and procedures.

"Joint powers law" shall mean Article 1, Chapter 5, Division 7, Title 1 (commenc ing with Section 6500) of the Government Code.

"Loss" shall mean a liability or potential liability of a member, including litigation expenses, attorneys' fees and other costs, which is covered by an insurance program of PRISM in which the member is a participant.

"Member county" shall mean any county in the State of California which has executed this Agreement and become a member of PRISM. "Member County" shall also include those entities or other bodies set forth in Article 3 (c).

“Member Public Entity” shall mean any California public entity, which is not a California county, which has executed this Agreement, and become a member of PRISM, “Member Public Entity” shall also include those entities or other bodies set forth in Article 3(c).

“Miscellaneous Program” is an insurance program of PRISM that does not involve pooling of self-insured claims or losses and may be made available to members as well as non -member public entities that are not a party to this Agreement.

"Occurrence" shall mean an event which is more fully defined in the memorandums of coverage and/or policies of an insurance program in which the participating county or participating public entity is a member.

"Participating county" shall mean any member county which has entered i nto a program offered by PRISM pursuant to Article 14 of this Agreement and has not withdrawn or been canceled therefrom pursuant to Articles 20 or 21.

“Participating public entity ” shall mean any member public entity which has entered into a program off ered by PRISM pursuant to Article 14 of this Agreement and has not withdrawn or been canceled therefrom pursuant to Articles 20 or 21.

"Self-insured retention" shall mean that portion of a loss resulting from an occurrence experienced by a member, which is retained as a liability or potential liability of the member and is not subject to payment by PRISM.

"Reinsurance" shall mean insurance purchased by PRISM as part of an insurance program to cover that portion of any loss, which exceeds the joint funding capacity of that program.

144
JPA, PRISM Amended: June 30, 2020

ARTICLE 2

PURPOSES

This Agreement is entered into by the member counties and member public entities in order to jointly develop and fund insurance programs as determined. Such programs may include, but are not limited to, the creation of joint insurance funds, including primary and excess insurance funds, the pooling of self -insured claims and losses, purchased insurance, including reinsurance, and the provision of necessary administrative services. Such administrative services may include, but shall not be limited to, risk management consulting, loss prevention and control, centralized loss reporting, actuarial consulting, claims adjusting, and legal defense services.

ARTICLE 3

PARTIES TO AGREEMENT

(a) There shall be two classes of membership of the parties pursuant to this Agreement consisting of one class designated as Member Counties and another class designated as Member Public Entities.

(b) Each member county and member public entity, as a party to this Agreement, certif ies that it intends to and does contract with all other members as parties to this Agreement and, with such other members as may later be added as parties to this Agreement pursuant to Article 19 as to all programs of which it is a participating member. E ach member also certifies that the removal of any party from this Agreement, pursuant to Articles 20 or 21, shall not affect this Agreement or the member’s obligations hereunder.

(c) A member for purposes of providing insurance coverage under any program of PRISM, may contract on behalf of, and shall be deemed to include:

Any public entity as defined in Government Code § 811.2 which the member requests to be added and from the time that such request is approved by the Executive Committee of PRISM.

Any nonprofit entity, including a nonprofit public benefit corporation formed pursuant to Corporations Code §§ 5111, 5120 and, 5065, which the member requests to be added and from the time that such request is approved by the Executive Committee.

(d) Any public ent ity or nonprofit so added shall be subject to and included under the member’s SIR or deductible, and when so added, may be subject to such other terms and conditions as determined by the Executive Committee.

(e) Such public entity or nonprofit shall not be co nsidered a separate party to this Agreement. Any public entity or nonprofit so added, shall not affect the member’s representation on the Board of Directors and shall be considered part of and represented by the member for all purposes under this Agreement.

(f) The Executive Committee shall establish guidelines for approval of any public entity or nonprofit so added in accordance with Article 3(c) and (d).

(g) Should any conflict arise between the provisions of this Article and any applicable Memorandum of Coverage or other document evidencing coverage, such Memorandum of Coverage or other document evidencing coverage shall prevail.

ARTICLE 4
TERM

This Agreement shall continue in effect until terminated as provided herein.

145
JPA, PRISM Amended: June 30, 2020

ARTICLE 5

CREATION OF PRISM

Pursuant to the joint powers law, there is hereby created a public entity separate and apart from the parties hereto, to be known as Public Risk Innovation, Solutions , and Management (“PRISM”), with such powers as are hereinafter set forth.

ARTICLE 6

POWERS OF PRISM

PRISM shall have all of the powers common to General Law counties in California , such as Alpine County and all additional powers set forth in the joint powers law, and is hereby authorized to do all acts necessary for the exercise of said po wers. Such powers include, but are not limited to, the following:

(a) To make and enter into contracts.

(b) To incur debts, liabilities, and obligations.

(c) To acquire, hold, or dispose of property, contributions and donations of property, funds, services, and ot her forms of assistance from persons, firms, corporations, and government entities.

(d) To sue and be sued in its own name, and to settle any claim against it.

(e) To receive and use contributions and advances from members as provided in Government Code Section 6504, including contributions or advances of personnel, equipment, or property.

(f) To invest any money in its treasury that is not required for its immediate necessities, pursuant to Government Code Section 6509.5.

(g) To allow non -member public entities and non-member counties to participate in Miscellaneous Programs and for risk management services to be provided to non- member counties and non-member public entities including out -of-state participants in a PRISM program.

(h) To carry out all provisions of this Agreement.

Said powers shall be exercised pursuant to the terms hereof and in the manner provided by law.

ARTICLE 7

BOARD OF DIRECTORS

PRISM shall be governed by the Board of Directors, which shall be composed as follows:

(a) One director from each member county, appointed by the member county board of supervisors and serving at the pleasure of that body. Each member county board of supervisors shall also appoint an alternate director who shall have the authority to attend, participate in and vote at any meeting of the Board of Directors when the director is absent. A director or alternate director shall be a county supervisor, other county official, or staff person of the member county, and upon termination of office or employment with the county, shall automatically terminate membership or alternate membership on the Board of Directors.

(b) Ten directors consisting of seven directors and three alternate directors chosen in the manner specified in the Bylaws from those participating as public entity mem bers. A director or alternate public entity director shall be an official, or staff person of the public 146
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entity member, and upon termination of office or employment with the public entity, shall automatically terminate membership or alternate membership on the Board of Directors.

(c) Member county directors shall consist of a minimum of 80% of the eligible voting members on the Board of Directors. The public entity member directors shall be reduced accordingly to ensure at least 80% of the Board of Directors consists of county director members (By way of example, if the number of county members is reduced from the current 54 by member withdrawals to a level of 28, then county members would be at the 80% level, 28/35. If the county members go to 27, then the public entity members would lose one seat and would only have 6 votes).

Any vacancy in a county director or alternate director position shall be filled by the appointing county's board of supervisors, subject to the Provisions of this Article. Any vacancy in a public entity director position shall be filled by vote of the public entity members.

A majority of the membership of the Board of Directors shall constitute a quorum for the transaction of business. Each member of the Board of Directors shall have one vote.

Except as otherwise provided in this Agreement or any other duly executed agreement of the members, all actions of the Board of Directors shall require the affirmative vote of a majority of the members; provided, that any action which is restricted in effect to one of PRISM's insurance programs, shall require the affirmative vote of a majority of those Board of Directors members who represent counties and public entities participating in that program. For purposes of an insurance prog ram vote, to the extent there are public entity members participating in a program, the public entity Board of Directors members as a whole shall have a minimum of one vote. The public entity Board of Directors members may in no event cast more votes than would constitute 20% of the number of total county members in that program (subject to the one vote minimum). Should the number of public entity Board of Directors votes authorized herein be less than the number of public entity Board of Directors members at a duly noticed meeting, the public entity Board of Directors members shall decide among themselves, which Board of Directors member shall vote. Should they be unable to decide, the President of PRISM shall determine which director(s) shall vote.

ARTICLE 8

POWERS OF THE BOARD OF DIRECTORS

The Board of Directors shall have the following powers and functions:

(a) The Board of Directors shall exercise all powers and conduct all business of PRISM, either directly or by delegation to other bodies or person s unless otherwise prohibited by this Agreement, or any other duly executed agreement of the members or by law.

(b) The Board of Directors may adopt such resolutions as deemed necessary in the exercise of those powers and duties set forth herein.

(c) The Board of Directors shall form an Executive Committee, as provided in Article 11.

The Board of Directors may delegate to the Executive Committee and the Executive Committee may discharge any powers or duties of the Board of Directors except adoption of PRISM's an nual budget. The powers and duties so delegated shall be specified in resolutions adopted by the Board.

(d) The Board of Directors may form, as provided in Article 12, such other committees as it deems appropriate to conduct the business of PRISM. The membe rship of any such other committee may consist in whole or in part of persons who are not members of the Board of Directors.

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(e) The Board of Directors shall elect the officers of PRISM and shall appoint or employ necessary staff in accordance with Article 13.

(f) The Board of Directors shall cause to be prepared, and shall review, modify as necessary, and adopt the annual operating budget of PRISM. Adoption of the budget may not be delegated.

(g) The Board of Directors shall develop, or cause to be developed, and shall review, modify as necessary, and adopt each insurance program of PRISM, including all provisions for reinsurance and administrative services necessary to carry out such program.

(h) The Board of Directors , directly or through the Executive Committee, s hall provide for necessary services to PRISM and to members, by contract or otherwise, which may include, but shall not be limited to, risk management consulting, loss prevention and control, centralized loss reporting, actuarial consulting, claim s adjusti ng, and legal services.

(i) The Board of Directors shall provide general supervision and policy direction to the Chief Executive Officer.

(j) The Board of Directors shall receive and act upon reports of the committees and the Chief Executive Officer.

(k) The Board of Directors shall act upon each claim involving liability of PRISM, directly or by delegation of authority to the Executive Committee or other committee, body or person, provided, that the Board of Directors shall establish monetary limits upon any delegation of claims settlement authority, beyond which a proposed settlement must be referred to the Board of Directors for approval.

(l) The Board of Directors may require that PRISM review, audit, report upon, and make recommendations with regard to the safety o r claims administration functions of any member, insofar as those functions affect the liability or potential liability of PRISM. The Board of Directors may forward any or all such recommendations to the member with a request for compliance and a statement of potential consequences for noncompliance.

(m) The Board of Directors shall receive, review and act upon periodic reports and audits of the funds of PRISM, as required under Articles 15 and 16 of this Agreement.

(n) The Board of Directors may, upon consultat ion with a casualty actuary, declare that any funds established for any program has a surplus of funds and determine a formula to return such surplus to the participating counties and participating public entities, which have contributed, to such fund.

(o) The Board of Directors shall have such other powers and duties as are reasonably necessary to carry out the purposes of PRISM.

ARTICLE 9

MEETINGS OF THE BOARD OF DIRECTORS

(a) The Board of Directors shall hold at least one regular meeting each year and shall provide for such other regular meetings and for such special meetings as it deems necessary.

(b) The Chief Executive Officer of PRISM shall provide for the keeping of minutes of regular and special meetings of the Board of Directors, and shall provide a copy o f the minutes to each member of the Board of Directors at the next scheduled meeting.

(c) All meetings of the Board of Directors, the Executive Committee and such committees as established by the Board of Directors pursuant to Article 12 herein, shall be call ed, 148
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noticed, held and conducted in accordance with the provisions of Government Code Section 54950 et seq.

ARTICLE 10

OFFICERS

The Board of Directors shall elect from its membership a President and Vice President of the Board, to serve for one-year terms.

The President, or in his or her absence, the Vice President, shall preside at and conduct all meetings of the Board of Directors and shall chair the Executive Committee.

ARTICLE 11

EXECUTIVE COMMITTEE

The Board of Directors shall establish an Execu tive Committee of the Board of Directors, which shall consist of eleven members: the President and Vice President of the Board of Directors, and nine members elected by the Board of Directors from its membership.

The terms of office of the nine non-officer members shall be as provided in the Bylaws of PRISM.

The Executive Committee shall conduct the business of PRISM between meetings of the Board of Directors, exercising all those powers as provided for in Article 8, or as otherwise delegated to it by the Board.

ARTICLE 12

COMMITTEES

The Board of Directors may establish committees, as it deems appropriate to conduct the business of PRISM. Members of the committees shall be appointed by the Board of Directors, to serve two year terms, subject to reap pointment by the Board of Directors . The members of each committee shall annually select one of their members to chair the Committee.

Each committee shall be composed of at least five members and shall have those duties as determined by the Board of Directors, or as otherwise set forth in the Bylaws.

Each committee shall meet on the call of its chair, and shall report to the Executive Committee and the Board of Directors as directed by the Board of Directors.

ARTICLE 13
STAFF

(a) Principal Staff. The Chief Executive Officer shall be appointed by and serve at the pleasure of the Board of Directors. The Chief Executive Officer shall serve as the Board Secretary and administer the business and activities of PRISM, subject to the general supervision and policy direction of the Board of Directors and Executive Committee; shall be responsible for all minutes, notices and records of PRISM and shall perform such other duties as are assigned by the Board and Executive Committee.

(b) Treasurer and Auditor . Pursuant to Government Code Section 6505.6, the Chief Financial Officer shall serve as the Treasurer/Auditor. The duties of the Treasurer are set forth in Article 16 of this Agreement. The Chief Financial Officer shall draw warrants to pay demands against PRISM. The Chief Financial Officer shall comply with the provisions of Government Code Section 6505.5 (a -d) and shall be appointed by and serve at the pleasure of the Chief Executive Officer.

(c) Other Staff. The Board of Directors , Executive Committee or Chief Executive Officer shall provide for the appointment of such other staff as may be necessary for the administration of PRISM.
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ARTICLE 14

DEVELOPMENT, FUNDING AND IMPLEMENTATION

OF INSURANCE PROGRAMS

(a) Program Coverage. Insurance programs of PRISM may provi de coverage, including excess insurance coverage for:

(1) Workers' compensation;

(2) Comprehensive liability, including but not limited to general, personal injury, contractual, public officials errors and omissions, and incidental malpractice liability;

(3) Comprehensive automobile liability;

(4) Hospital malpractice liability;

(5) Property and related programs;

and may provide any other coverages authorized by the Board of Directors. The Board of Directors shall determine, for each such program, a minimum number of pa rticipants required for program implementation and may develop specific program coverages requiring detailed agreements for implementation of the above programs.

(b) Program and PRISM Funding. The members developing or participating in an insurance program shall fund all costs of that program, including administrative costs, as hereinafter provided. Costs of staffing and supporting PRISM, hereinafter called PRISM general expenses, shall be equitably allocated among the various programs by the Board of D irectors, and shall be funded by the members developing or participating in such programs in accordance with such allocations, as hereinafter provided. In addition, the Board of Directors may, in its discretion, allocate a share of such PRISM general expense to those members, which are not developing or participating in any program, and require those counties and public entities to fund such share through a prescribed charge.

(1) Annual Premium. Except as provided in ( 2) below, all post -development costs of an insurance program shall be funded by annual premiums charged to the members participating in the program each policy year, and by interest earnings on the funds so accumulated. Such premiums shall be determined by the Board of Directors or the prog ram’s governing committee upon the basis of a cost allocation plan and rating formula developed by PRISM with the assistance of a casualty actuary, risk management consultant, or other qualified person. The premium for each participating member shall incl ude that participant’s share of expected program losses including a margin for contingencies as determined by the Board of Directors , program reinsurance costs, and program administrative costs for the year, plus that participant’s share of PRISM general e xpense allocated to the program by the Board of Directors.

(2) Premium Surcharge
(i) If PRISM experiences an unusually large number of losses under a program during a policy year, such that notwithstanding reinsurance coverage for large individual losses, the joint insurance funds for the program may be exhausted before the next annual premiums are due, the Board of Directors or the program’s governing committee may, upon consultation with a casualty actuary, impose premium surcharges on all participating members; or

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(ii) If it is determined by the Board of Directors or the program’s governing committee, upon consultation with a casualty actuary, that the joint insurance funds for a program are insufficient to pay losses, fund known estimated losses, and fund estimated losses , which have been incurred but not reported, the Board of Directors or the program’s governing committee may impose a surcharge on all participating members. (iii) Premium surcharges imposed pursuant to (i) and/or (ii) ab ove shall be in an amount which will assure adequate funds for the program to be actuarially sound; provided that the surcharge to any participating member shall not exceed an amount equal to three (3) times the member’s annual premium for that year, unles s otherwise determined by the Board of Directors or the program’s governing committee.

Provided, however, that no premium surcharge in excess of three times the member’s annual premium for that year may be assessed unless, ninety days prior to the Board o f Directors taking action to determine the amount of the surcharge, PRISM notifies the governing body of each participating member in writing of its recommendations regarding its intent to assess a premium surcharge and the amount recommended to be assessed each member. PRISM shall, concurrently with the written notification, provide each participating member with a copy of the actuarial study upon which the recommended premium surcharge is based.

(iv) A member which is no longer a participating membe r at the time the premium surcharge is assessed, but which was a participating member during the policy year(s) for which the premium surcharge was assessed, shall pay such premium surcharges as it would have otherwise been assessed in accordance with the provisions of (i), (ii), and (iii) above.

(c) Program Implementation and Effective Date. Upon establishment of an insurance program by the Board of Directors, PRISM shall determine the manner of program implementation and shall give written notice to all members of such program, which shall include, but not be limited to: program participation levels, coverages and terms of coverage of the program, estimates of first year premium charges, effective date of the program (or estimated effective date) and su ch other program provisions as deemed appropriate.

(d) Late Entry Into Program. A member which does not elect to enter an insurance program upon its implementation, pursuant to (c) above, or a county or public entity which becomes a party to this Agre ement following implementation of the program, may petition the Board of Directors for late entry into the program. Such request may be granted upon a majority vote of the Board of Directors members, plus a majority vote of those board members who represe nt participants in the program. Alternatively, a county or public entity may petition the Executive Committee for late entry into the program , or a program committee, when authorized by an MOU governing that specific program, may approve late entry into th at program. Such request may be granted upon a majority vote of the Executive Committee or program committee.

(e) Reentry Into A Program. Except as otherwise provided in a Program Memorandum of Understanding, any county or public entity that is a memb er of an insurance program of PRISM who withdraws or is cancelled from an insurance program under Articles 21 and 22, may not reenter such insurance program for a period of three years from the effective date of withdrawal or cancellation.

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ARTICLE 15

ACCOUNTS AND RECORDS

(a) Annual Budget. PRISM shall annually adopt an operating budget pursuant to Article 8 of this Agreement, which shall include a separate budget for each insurance program under development or adopted and implemented by PRISM.

(b) Funds and Accounts. The Auditor of PRISM shall establish and maintain such funds and accounts as may be required by good accounting practices and by the Board of Directors. Separate accounts shall be established and maintained for each insurance program under deve lopment or adopted and implemented by PRISM. Books and records of PRISM in the hands of the Auditor shall be open to inspection at all reasonable times by authorized representatives of members.

PRISM shall adhere to the standard of strict accountability for funds set forth in Government Code Section 6505.

(c) Auditor's Report. The Auditor, within one hundred and eighty (180) days after the close of each fiscal year, shall give a complete written report of all financial activities for such fiscal year to the Board and to each member.

(d) Annual Audit. Pursuant to Government Code Section 6505, PRISM shall either make or contract with a certified public accountant to make an annual fiscal year audit of all accounts and records of PRISM, conforming in all respects with the requirements of that section. A report of the audit shall be filed as a public record with each of the members and also with the county auditor of the county where the home office of PRISM is located and shall be sent to any public agency or per son in California that submits a written request to PRISM. The report shall be filed within six months of the end of the fiscal year or years under examination. Costs of the audit shall be considered a general expense of PRISM.

ARTICLE 16

RESPONSIBILITIES FOR FUNDS AND PROPERTY

(a) The Treasurer shall have the custody of and disburse PRISM's funds. He or she may delegate disbursing authority to such persons as may be authorized by the Board of Directors to perform that function, subject to the requirements of (b) below.

(b) Pursuant to Government Code Section 6505.6, the Treasurer shall:

(1) Receive and acknowledge receipt for all funds of PRISM and place them in the treasury of the Treasurer to the credit of PRISM.

(2) Be responsible upon his or her official bond f or the safekeeping and disbursements of all PRISM funds so held by him or her.

(3) Pay any sums due from PRISM, as approved for payment by the Board of Directors or by any body or person to whom the Board of Directors has delegated approval authority, making such payments from PRISM funds upon warrants drawn by the Auditor.

(c) Pursuant to Government Code Section 6505.1, the Chief Executive Officer, the Treasurer, and such other persons as the Board of Directors may designate shall have charge of, handle, and have access to the property of PRISM.

(d) PRISM shall secure and pay for a fidelity bond or bonds, in an amount or amounts and in the form specified by the Board of Directors, covering all officers and staff of PRISM, and all officers and staff who are authori zed to have charge of, handle, and have access to property of PRISM.
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