REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
January 9, 2024
FROM
MARK WARDLAW, Director, Land Use Services
SUBJECT
Title
Memorandum of Understanding with the City of Chino for Plan Check, Inspection and Ministerial Permit Issuance Services
End
RECOMMENDATION(S)
Recommendation
Approve Memorandum of Understanding, including non-standard terms, with the City of Chino for plan check, inspection and ministerial permit issuance services related to the Yorba Villas Project and other development projects located within a future annexation area consisting of approximately 145 acres, in an amount to cover the actual cost of County services for the period of January 9, 2024, through January 8, 2029.
(Presenter: Mark Wardlaw, Director, 387-4431)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
Approval of this item will not result in the use of additional Discretionary General Funding (Net County Cost). Sufficient appropriation and revenue to complete this administrative action have been included in the Land Use Services Department, Planning Division 2023-24 budget. All costs of processing plan check, inspection, and ministerial permit issuance services are to be paid by the applicant of the development projects.
BACKGROUND INFORMATION
On October 4, 2022 (Item 63), the Board of Supervisors (Board) approved a Planned Development Permit and Vesting Tentative Tract Map No. 20394 for the development of a gated project at the property located at 4570 and 4664 Francis Avenue (Yorba Villas Project) within the City of Chino (City) sphere of influence. The Yorba Villas Project is comprised of 45 single-family homes, new private streets, a small private park, street improvements (along Francis and Yorba Avenue), on-site stormwater infrastructure and related amenities.
The City intends to submit an annexation application for an area consisting of 144.683 acres located at the northern border of the City that includes the Yorba Villas Project (Annexation) to the San Bernardino Local Agency Formation Commission (LAFCO) in accordance with the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000.
To allow for consistency following Annexation approval by LAFCO, the Memorandum of Understanding (MOU) with the City provides for the County to continue providing plan check, inspection and ministerial permit issuance services in connection with the development of the Yorba Villas Project and other development projects requested by the City that have been approved in the area prior to the Annexation. The plan check, inspection and ministerial permit issuance services will be performed in accordance with applicable County regulations. All costs of services will be provided and paid for based on the County’s applicable fees codified in the County Code section 16.0201 et seq.
The recommended MOU was approved by the City on November 21, 2023. The MOU contains non-standard terms as follows:
1. The MOU may be terminated, per Policy 11-05, A10i, at any time by giving 30-days written notice without cause, but in no event sooner than completing the services related to the Yorba Villas Project.
• The County standard contract gives the County the right to terminate a contract, for any reason, with 30-days written notice of termination without any obligation other than to pay amounts for services rendered and expenses reasonably incurred prior to the effective date of termination.
• Potential Impact: Unless the five-year term expires, the County does not have the right to terminate the MOU for convenience while plan check, inspection and ministerial permit issuance services are pending for the Yorba Villas Project.
2. The MOU includes, per Policy 11-05, 6Ai, a mutual indemnity clause.
• The County standard contract provision requires the contractor to indemnify, defend and hold the County harmless from third party claims arising out of the acts, errors or omissions of any person.
• Potential Impact: Both the County and the City are required to indemnify the other for third-party claims arising out of the MOU. If the City is sued for any claim arising from the MOU, the County may be liable for the costs of defense and damages unless the claim arises from the City’s sole negligence or willful misconduct.
The Land Use Services Department recommends the Board approve the MOU, including non-standard terms, because it will provide property owners with certainty in the future development of their properties while Annexation is pending and ensure development consistency following Annexation. The mutual indemnification provision will ensure that the County is afforded a defense and indemnification should a claim be filed against the County for the services performed pursuant to the MOU.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Jason Searles, Supervising Deputy County Counsel, 387-5455) on December 6, 2023; Finance (Penelope Chang, Administrative Analyst, 387-4886) on December 13, 2023; and County Finance and Administration (Robert Saldana, Deputy Executive Officer, 387-5423) on December 19, 2023.