Chino City Council
December 6, 2022

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 City Council Chambers.

Additionally, members of the public may submit electronic inquiries or comments by submitting emails to [email protected]
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
REGULAR MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY DECEMBER 6, 2022
TREE LIGHTING CEREMONY – 6:00 PM
OPEN SESSION – 7:00 PM
AGENDA

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

FLAG SALUTE

PRESENTATION BY THE CHINO COMMUNITY CHORUS

CEREMONIALS
Presentations
2022 Sports Legends Youth Volunteer Award Winner - Vince Alamillo, Chino National Little League.
2022 City of Chino Photo Contest Winners
Chino Animals: Elise Rall, Sunset at the Dairy Farm
Chino Fun: Emilie Soukhaseum, Woooaaahhhhh! Hang on tight! Chino Living: Shannon Hoover, Sunset Run
Chino Nature & Landmarks: Gilbert Martinez, Strawberry Fields Forever.

Business of the Month December 2022 - Chino Riverside Cleaners.

Mayor's Home Beautification Award December 2022.

CHINO CITY COUNCIL
DECEMBER 6, 2022 2
Recognition of Council Member Walt Pocock.

AGENDA ADDITIONS/REVISIONS

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

PUBLIC COMMENTS
This is the time and place for the general public to address the City Council about subjects that do not appear elsewhere on the agenda. Due to Council policy and Brown Act requirements, action will not be taken on any issues not on the Agenda. Ordinance No. 97- 08 (Chino Municipal Code Section 2.04.090) limits speakers to no more than five (5) minutes in which to address Council, except as provided under Government Code 54954.3(b)(2).

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.

1. Warrants. Approve expenses as audited and within budget for warrants 762814 to 763269, and Electronic Fund Transfers 516277E to 516426E, totaling $9,020,997.82.

2. Minutes. Regular Meeting of November 15, 2022. (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 and forecast of future events and trainings.

4. Public Improvement Agreement for the Chino Hills Animal Hospital Project at 3415 Chino Avenue (PL18-0106). Approve a Public Improvement Agreement with Dunbar Holdings Chino, LLC for the construction of public improvements located at 3415 Chino Avenue. The project is exempt from the California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15332, Infill Development Projects.

5. Initiate Annexation to the Lighting and Landscape District for the Chino Hills Animal Hospital Addition Project - 3415 Chino Avenue (PL18-0106). Adopt Resolution No. 2022-080 ordering the City Engineer to prepare and file a report for annexation of PL18-0106 to Landscape and Lighting District No. 2002-1 (Annexation/Zone No. 89); approve the Engineer’s Report; and schedule a public hearing for February 7, 2023.

6. Annexation of Territory into Community Facilities District No. 2020-1 for Municipal Services (Scannell Properties). Adopt Resolution No. 2022-086, declaring the City of Chino’s Intention to annex Territory to Community Facilities District No. 2020-1 for municipal services.

7. Amendment to Professional Services Agreement with EXP U.S. Services, Inc. Approve an Amendment to Professional Services Agreement with EXP U.S. Services, Inc. in the amount of $115,080 for the Euclid/Pine Avenue Intersection Improvement Project (ST203).

8. Development Impact Fee Report for Fiscal Year 2021-22. Receive and file the Development Impact Fee Report for Fiscal Year 2021-22 as required by California Government Code Section 66006.

CHINO CITY COUNCIL
DECEMBER 6, 2022 3

9. Community Facilities Districts Annual Reporting for Fiscal Year Ending June 30, 2022. Receive and file the Community Facilities Districts Report pursuant to Senate Bill 165 (Local Agency Tax and Bond Accountability Act).

10. Fire Suppression Facilities, Vehicles and Equipment Development Impact Fee Credit Final Reconciliation - Chino Development Corporation. Authorize Fire Suppression Facilities, Vehicles and Equipment Development Impact Fee credit in the amount of $781,267.65 per the terms of Construction Credit Agreement No. 2021-086 with Chino Development Corporation for Fire Station No. 63 located at 7550 Kimball Avenue.

11. Construction Contingency Increase for Project No. WA225 Recycled Water Project at Ayala Park. Authorize an increase of $3,202.30 in Construction Contingency for Project No. WA225 and approve Change Order No. 1 in the amount of $11,834.30 to Contract No. 2022-152 with Norfork, Inc.

12. Additional Appropriation to Community Services Fund. Appropriate an additional $8,000 to the Community Services Fund for services provided at the Halloween Spooktacular Event on October 31, 2022.

13. Beazer Homes Holdings, LLC - Final Tract Map No. 20173 & Subdivision Improvement Agreement. Approve Tract Map No. 20173, generally located north of Pine Avenue, on the east and west sides of Meadowhouse Avenue; and approve the correlating Subdivision Improvement Agreement with Beazer Homes Holdings, LLC.

14. Final Acceptance of Public Improvement - Havadjia Holdings, Inc. (Farmer Boys). Accept the public improvements for Havadjia Holdings, Inc. (Farmer Boys Restaurant) Site Approval PL16- 0772 and Special Use Permit PL16-0773, located at 7031 Kimball Avenue, as complete and authorize release of the performance bond and initiate the warranty bond.

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PUBLIC HEARING
Prior to the vote of the City Council, any member of the audience will have the opportunity to address Council on any items listed under Public Hearings. Council requests, but it is not required, that you state your name and address prior to making any remarks.

15. Introduction of Ordinance No. 2022-018. Introduction of Ordinance No. 2022-018 Amending Chapter 10.28.065 of the Chino Municipal Code to allow for Street Sweeping Parking Restrictions Citywide.

Staff Report by: Dennis Ralls, City Traffic Engineer.

RECOMMENDATION: 1) Conduct a public hearing; 2) approve the introduction of the first reading of Ordinance No. 2022-018 that will amend Chapter 10.28.065 to the City’s Municipal Code to allow for parking restrictions for street sweeping purposes citywide, to be read by number and title only, and waive further reading of the ordinance; and 3) approve Resolution No. 2022-082 limiting on-street parking for street sweeping.

ORDINANCE 2022-018

AN ORDINANCE OF THE CITY OF CHINO, CALIFORNIA,
AMENDING CHAPTER 10.28.065 OF THE CHINO MUNICIPAL

CODE TO ALLOW PARKING RESTRICTIONS FOR STREET

SWEEPING PURPOSES CITYWIDE
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CHINO CITY COUNCIL
DECEMBER 6, 2022 4

16. Annexation to the Landscape and Lighting District for the Yorba XC Project at 13404 Yorba Avenue (PL20-0029). Approve Resolution No. 2022-081 ordering the annexation of Site Approval PL20-0029 into the Landscape and Lighting District No. 2002-1 (Annexation/Zone No. 91) located at 13404 Yorba Avenue.

Staff Report by: Jesus Plasencia, Assistant City Engineer.

RECOMMENDATION: 1) Conduct a public hearing; 2) approve Resolution No. 2022-081 ordering the annexation of PL20-0029 into the Landscape and Lighting District No. 2002-1 (Annexation/Zone No. 91); and 3) authorize the City Manager to execute the necessary documents on behalf of the City.

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17. Formation of Community Facilities District 2022-1. Conduct a Public Hearing regarding the formation of Community Facilities District No. 2022-1 in The Preserve.

Staff Report by: Nadyne Lowry, Fiscal Services Manager.

RECOMMENDATION: 1) Conduct a Public Hearing regarding the formation of Community Facilities District No. 2022-1; 2) accept tax consultant’s report; 3) adopt Resolution No. 2022- 083, establishing CFD No. 2022-1, authorizing the levy of special taxes, and calling an election; 4) adopt Resolution No. 2022-084, determining the necessity to incur bonded indebtedness; 5) conduct a special election with the property owners; 6) adopt Resolution No. 2022-085, declaring results of the special election and directing recording of the special tax lien; and 7) approve the introduction of Ordinance No. 2022-019, levying a special tax, to be read by number and title only, and waive further reading of the ordinance.

ORDINANCE 2022-019

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO,

CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 2022-1
(FALLONCREST) OF THE CITY OF CHINO AUTHORIZING THE

LEVY OF SPECIAL TAXES WITHIN THE DISTRICT
M _____ S _____ RC _____

NEW BUSINESS

18. Civic Center Master Plan. Consideration and adoption of the Civic Center Master Plan.

Staff Report by: Vivian Castro, Deputy City Manager.

RECOMMENDATION: That the City Council adopt the City of Chino Civic Center Master Plan.

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19. Purchase of Real Property at 12921, 12923 and 12931 Central Avenue. Adopt Resolution No. 2022-087 authorizing the Purchase and Sale Agreement with Chong Su Yi and Randy K. Yi for City to acquire the properties at 12921, 12923 and 12931 Central Avenue.

Staff Report by: Fred Galante, City Attorney.

CHINO CITY COUNCIL
DECEMBER 6, 2022 5
RECOMMENDATION: 1) Adopt Resolution No. 2022-087 authorizing the Purchase and Sale Agreement of Real Property subject to the City Attorney's approval as to form to acquire the properties at 12921, 12931, and 12923 Central Avenue, Chino, CA., from owners Chong Su Yi and Randy K Yi and fees associated with the purchase not to exceed $5,000; 2) establish a project tracking number PF233 in the Building Management Fund 650; 3) appropriate $2,040,000 to the Building Management Fund 650 with a year end back fill from the unappropriated reserves of the General Fund; and 4) authorize the City Manager to execute all documents on behalf of the City.

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20. Consideration of the Establishment of a Residential Parking Permit Area within the Parkside Village Community. Consideration to Set a Public Hearing to Establish a Residential Permit Parking Area within the Parkside Village Community
Staff Report by: Dennis Ralls, City Traffic Engineer.

RECOMMENDATION: 1) Receive the parking survey prepared by the City Traffic Engineer evaluating the need to establish a Residential Permit Parking Area (RPPA) within the Parkside Village Community; 2) determine if evidence exists to schedule a public hearing on Tuesday, January 17, 2023 to establish said RPPA; and 3) determine if notice of the public hearing shall include mailed notices to every residence in the proposed RPPA impacted area, in accordance Chapter 10.29 of the Chino Municipal Code.

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21. Award of Contract - Re-sodding of Sports Fields. Award a contract to Southern California Landscape Inc., Fontana, CA in the amount of $527,056.15 to re-sod various City sports fields, including four (4) soccer fields located at Ayala Park
Staff Report by: Ben Orosco, Acting Public Works Services Manager.

RECOMMENDATION: 1) Award a contract to Southern California Landscape Inc., Fontana, CA in the amount of $527,056.15 to re-sod various City sports fields; and 2) authorize the City Manager to execute all necessary documents on behalf of the City.

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22. Professional Services Agreement for Engineering and Design Services - Project No. WA231.

Award a Professional Services Agreement with Hazen and Sawyer, Irvine, CA for Engineering Design and Bid Support Services for Project No. WA231 - Wells 4 & 6 Treatment Plant Project.

Staff Report by: Maria Fraser, CIP Engineering Manager.

RECOMMENDATION: 1) Award a Professional Services Agreement in the amount of $1,693,326.00 to Hazen and Sawyer, Irvine, CA for Engineering Design and Bid Support Services for Project No. WA231 - Wells 4 & 6 Treatment Plant Project; 2) approve design contingency in the amount of $169,333.00 for a potential agreement amount not-to-exceed $1,862,659.00; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.

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CHINO CITY COUNCIL
DECEMBER 6, 2022 6

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 Lucio
Council Member Comstock
Council Member Flores
Council Member Pocock
City Manager's Report
City Attorney's Report
Police Chief's Report
Fire Chief's Report

ADJOURN
The next Special Meeting of the City Council will be held on Tuesday, December 13, 2022 at 7:00 p.m. (Closed Session at 6:00 p.m. if necessary) in these Council Chambers.

I, Angela Robles, City Clerk of the City of Chino, hereby declare that on Friday, December 2, 2022 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.
_______________________________________
Angela Robles, City Clerk.

City oj orma
Certificate of CongratuCations
^Cise
rHe City qfCHino is (Proudto (Recognize your ^Winning Pfioto Contest Pntry CHinoyinimaCs: Sunset at tfie P>airy Parm
Than^youfor your Participation!
Presented 6y trie
Mayor and City Councdoftfie City ofCHino
(DecemSer 6, 2022
(Date
ud-Wi
(Eunice M.V[(ha, Mayor

4.a
Recognition of the 2022 City of Chino Photo Contest Packet Pg. 7 City of ornia
Certificate of Congratulations
'EmiCie Sou^aseum
ffie City of CHino is (Proud to (Recognize your'Winning Pfioto Contest Entry CHino Eun: 'Woooaaafififififi! Jfang on figHt!
ffian^youfor your Participation
(presented 6y tfie
Mayor and City CounciCoftfie City ofCfiino
(DecemBer 6, 2022
(Date (Eunice !M.VC[oa, Mayor

4.a
Recognition of the 2022 City of Chino Photo Contest Packet Pg. 8 ■iwrnia
Certificate of Congratulations
SHannon !Hbover
fUe City ofCHino is (Proucf to ^cogtiize your Winning (pftoto Contest 'Entry CHino Living: Sunset <Run
Efianfyoufor your Participation!
Resented 6y the
Mayor and City Conned of the City ofChino
(DecemSer 6, 2022
(Date
u
Eunice M. VCba, Mayor

4.a
Recognition of the 2022 City of Chino Photo Contest Packet Pg. 9 Cafiforma
Certificate of Congratulktions
^iCSert Martinez
The City of Cfvino is (Proud to (Recognize your ^Winning Photo Contest Pntry Chino yiature d Landmarks: Strawberry PieCds Porever
Phanh^you for your Participation!
^Presented 6y tfie
Mayor and City CounciCoftfie City of China
(DecemBer 6, 2022
(Date
SuXafyJ.
(Eunice (M. VCCoa, (Mayor

4.a
Recognition of the 2022 City of Chino Photo Contest Packet Pg. 10 City of ornia
CongratuCations to
CHino ^fversuCe Cleaners
(DecemSer- 2022 Cfiino business oftfie Montfil
THe City of Cfiino tHan^youfor Being apart oftfie Cfiino Community! (presented 6y the
Mayor and City CounciC oftfie City of Cfiino
(DecemSer 6, 2022
Date
^uhu^ Siifik.

Eunice M.VCCoa, Mayor
■ i airn'i ^ - -«W

4.a
Business of the Month December 2022 Packet Pg. 11
Mayor's Home (Beautification Jiwarcf
%er6er Tamify Trust
6689 TiCCmore Street
Than^youfor the continued improvement and maintenance of your home resuCting in a suhstantiaf contrihution to the overad appearance of the community. (Presented 6y the
Mayor and City CounciCofthe City of China
<Decem6er 6, 2022
(Date
^uOuw
Eunice M. VtCoa, Mayor

4.a
Mayor's Home Beautification Award - December 2022 Packet Pg. 12 Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

FINANCE DEPARTMENT
COUNCIL MEETING DATE: DECEMBER 6, 2022
TO: LINDA REICH, CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE
SUBJECT: WARRANTS.

RECOMMENDATION
Approve expenses as audited and within budget for warrants 762814 to 763269, and Electronic Fund Transfers 516277E to 516426E, totaling $9,020,997.82

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 22-23 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:
• Financial Stability

8.1 CONSENT CALENDAR Packet Pg. 13
COUNCIL MEETING DATE: DECEMBER 6, 2022
SUBJECT: WARRANTS
PAGE 2

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

NO. WARRANTS DATE FY AMOUNT

1. 762814 – 762871 10/27/22 22-23 $1,599,215.91

2. 762872 – 762983 11/3/22 22-23 $1,155,513.47

3. 762984 11/7/22 22-23 $119,000.00

4. 762985 – 763055 11/10/22 22-23 $1,392,847.82

5. 763163 – 763269 11/17/22 22-23 $963,078.64

6. 516277E – 516315E 10/28/22 22-23 $913,695.95

7. 516316E – 516345E 11/4/22 22-23 $885,607.13

8. 516346E – 516379E 11/10/22 22-23 $1,358,107.43

9. 516380E – 516426E 11/18/22 22-23 $733,931.47
E: Electronic Fund Transfers
TOTAL $9,020,997.82

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

RB:hm
Attachment: Exhibit 1

8.1 CONSENT CALENDAR Packet Pg. 14
Council Meeting 12/6/22

CITY OF CHINO
A/P Warrant Register Over $50,000
Check
Number
Check Date Vendor Name Description Amount
762823 10/27/2022 CALGON CARBON CORPORATION CARBON EXCHANGE $99,410.40 762832 DYETT & BHATIA, URBAN & REGIONAL

PLANNERS
GENERAL PLAN UPDATE SERVICES $93,264.71
762841 HARDY & HARPER, INC. ASPHALT MAINTENANCE $254,526.00 762849 METROCELL CONSTRUCTION, INC.. BLOCK WALL AT POLICE DEPT. $131,465.75 762862 SANCON TECHNOLOGIES, INC. SEWER RELINE FY2021/2022-VARIOUS

LOCATIONS
$391,082.70
762867 TRINITY ESCROW, INC. HOME IMPROVEMENT PROGRAM12400 CYPRESS #55$58,525.00 762869 WASTE MANAGEMENT COLLECTION SERVICES $419,073.19 516290 10/28/2022 T & T INVESTMENTS CITY CONSIDERATION 07/01-22 $87,299.91 516294 FISHER SCIENTIFIC CO CITY CONSIDERATION 07/01/22 $643,841.37 762895 11/03/2022 CHINO DEVELOPMENT CORPORATION REIMBURSEMENT-LEWIS PRESERVE

SEWER LIFT STATION
$400,000.00
762932 LS COLLEGE PARK REIMBURSEMENT-COLLEGE PARK T.S.

INTERCONNECT
$477,647.00
516329 11/04/2022 INLAND EMPIRE UTILITIES AGENCY SEWAGE TREATMENT SERVICES/WATER

PURCHASE
$758,473.28
516351 11/10/2022 CHINO VALLEY INDEPENDENT FIRE DISTRICT FIRE PROTECTION SERVICES-NOVEMBER $1,187,338.00 763005 DASH CONSTRUCTION COMPANY, INC. ASPHALT REPAIR SERVICES $191,583.44 763011 PALP, INC. LOCAL STREET OVERLAY $715,482.29
763044 SO CAL EDISON CO SERVICE PERIOD: 09/29-10/30 $253,136.91 763188 11/17/2022 CHINO VALLEY UNIFIED SCHOOL DISTRICT CHINO HS RECONSTRUCTION $116,024.13 763207 GENTRY BROTHERS, INC. ALLEY REHAB PROJECTS $123,932.49 763225 LANDSCAPE WEST MANAGEMENT SERVICES,
INC.

LANDSCAPE MAINTENANCE $68,730.00
763228 M K SMITH CHEVROLET ONE (1) 2023 CHEV 3/4 TON CREWCAB $51,195.90 763265 WASTE MANAGEMENT COLLECTION SERVICES $179,996.57 516408 11/18/2022 MYERS & SONS HIWAY SAFETY STREET SAFETY SUPPLIES/CONES $144,218.26 516418 11/18/2022 SILVER & WRIGHT LLP OUTSIDE ATTORNEY SERVICES $55,183.54 516425 11/18/2022 WATER FACILITIES, AUTHORITY (JPA) IMPORTED WATER $356,605.15 24 TOTAL $7,258,035.99

8.1.a
Warrants Packet Pg. 15

CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
REGULAR MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY NOVEMBER 15, 2022
OPEN SESSION – 7:00 PM

M I N U T E S

CALL TO ORDER
The November 15, 2022, Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 7:00 p.m. by Mayor Eunice M. Ulloa in the Council Chambers.

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

Comstock, Council Member Christopher Flores, Council Member Walt Pocock.

ABSENT: None.

FLAG SALUTE
Council Member Pocock led the assembly in reciting the Pledge of Allegiance.

CEREMONIALS
Proclamations
Mayor Ulloa read into the record the Proclamation designating November 17, 2022 as American Cancer Society's Great American Smokeout Day in Chino. Jessica Singletary, Community Services Coordinator, City of Chino, Jenny Mott, Chino Valley Unified School District Nurse/Tobacco Use Prevention Education Grant Coordinator, and Hector Hernandez, Chino Police Department Crime Prevention and Community Outreach Specialist were invited up to accept the Proclamation.

Presentations
Kirsten Skala and Victoria Hornbaker of the California Department of Food and Agriculture provided a virtual presentation on the presence of Asian Citrus Psyllid (ACP) and Huanglongbing (HLB) Presentation in Chino while also detailing the proposed mitigation strategy.

San Bernardino Council of Governments representative Monique Reza-Arellano provided a presentation on the Regional Housing Trust.

Mayor Ulloa presented a Proclamation in recognition of Council Member Walt Pocock.

Mayor Pro Tem Lucio and Council Members Comstock and Flores spoke to acknowledge and express appreciation for Council Member Pocock. Mayor Ulloa thanked Council Member Pocock for his years of service to Chino and presented the City of Chino Tile Plaque.

8.2 CONSENT CALENDAR Packet Pg. 16

CHINO CITY COUNCIL
NOVEMBER 15, 2022 2
Council Member Pocock was presented with recognitions from San Bernardino County Board of Supervisors Chairman Curt Hagman presented by representative Melissa Compani, Chino Valley Fire District presented by Board Member Harvey Luth and Fire Chief Dave Williams, Chino Police Officers Association and Chino Police Management Association presented by representatives Sergeant Ted Olden and Corporal Justin Bunch, Chino Valley Chamber of Commerce presented by representative Julia Cabrera, Waste Management presented by Public Sector Manager Glenda Chavez. Mayor Ulloa read a Certificate of Commendation for Council Member Pocock from the City of Chino Hills.

Council Member Pocock introduced his family and spoke about his experience serving on the Chino Community Services Commission, Planning Commission, and City Council, offered advice to future City Council members, appreciation for his current City Council member colleagues, and thanked City of Chino Staff. He also thanked Kawanis Club members, his family, and stated he will see everyone at the 2023 Cornfeed Run and Car Show.

AGENDA ADDITIONS/REVISIONS
City Manager Linda Reich announced Item No. 9 will be pulled from the Consent Calendar. No action is required on this item since it is included in Item No. 15 on the agenda.

INFORMATION
Mayor Ulloa announced that the November 2022 Chino Economic Development Report was included in the agenda packet.

PUBLIC ANNOUNCEMENTS
Mayor Ulloa issued a reminder about the following scheduled holiday closures and community events:
• City Hall will be closed on Thursday, November 24 and Friday, November 25 in observance of the Thanksgiving holiday.
• The City of Chino with the Chino Valley YMCA will be holding its 11th Annual Reindeer Romp 5K on Saturday, December 3 at Ayala Park. The Kid’s Fun Run begins at 8:00 a.m. followed by the 5K/Walk at 8:15 a.m. Registration is required, and participants will receive a shirt and finisher medal. Register by November 28 to receive a $5 discount.

For more information contact the Chino Valley YMCA at (909) 597-7445. • The Annual Tree Lighting Ceremony is taking place on Tuesday, December 6 at 6:00 p.m. on the City Hall Lawn. The City Council Meeting will follow beginning at 7:00 p.m. in the City Council Chambers. For more information on the Tree Lighting Ceremony and the City Council meeting contact the Administration Department at (909) 334-3305. • The Chino Youth Christmas Parade and Fair on Saturday, December 10 at 9:00 a.m. starting at the corner of Monte Vista Avenue and Riverside Drive and finishing at the corner of Central and Chino Avenues in front of the Chino Civic Center. For more information, please contact the Community Services Department at (909) 334-3258.

PUBLIC COMMENTS
Pastor Mike Spradlin of Valley Christian Church provided the Invocation.

Sonja Shaw recognized Council Member Walt Pocock for his service to the community.

8.2 CONSENT CALENDAR Packet Pg. 17

CHINO CITY COUNCIL
NOVEMBER 15, 2022 3
Mike Garcia and Ray Morales of Chino Youth Boxing Foundation provided an invitation to the upcoming boxing show on Sunday, November 20 at 1:00 p.m. at the Neighborhood Activity Center.

CONSENT CALENDAR

1. Warrants. Approve expenses as audited and within budget for warrants 762498 to 762813, and Electronic Fund Transfers 516182E to 516276E, totaling $7,168,295.24.

2. Minutes. Regular Meeting of November 1, 2022 (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 and forecast of future events and trainings.

4. City Council Meeting Date Changes for December 2022. Authorize staff to 1) schedule a Special Meeting on December 13, 2022 to declare election results, install newly elected officers, consider other items requiring action by the City Council, and 2) cancel the December 20, 2022 City Council regular meeting.

5. Federal Asset Forfeiture - Equipment Purchase. Appropriate $84,718.46 from the Federal Asset Forfeiture / Department of Justice Fund for the purchase of Pistol Mounted Optics.

6. Federal Asset Forfeiture - Flock Safety Automated License Plate Reader Cameras & Software. Approve the 2-year lease agreement with Flock Group Inc for 39 Automated License Plate Reader cameras and software. (Pulled from Consent Calendar for separate action)

7. Appropriation of Earned Interest on Grant Funds. Appropriate from FY 2021-22 unappropriated reserves of the General Fund additional grant expenditures for the following Police Department grants AB3229 FY 19/20 in the amount of $854.17; AB 3229 FY 20/21 in the amount of $1,550.06; and AB 3229 FY 21/22 in the amount of $861.25.

8. The Preserve Development Agreement – Partial Assignment and Assumption - RHearthstone Lot Option Pool 05, L.P. Approve an Assumption and Partial Assignment of the Preserve Development Agreement between the City of Chino, a municipal corporation; Lennar Homes of California, LLC; and R-Hearthstone Lot Option Pool 05, L.P., a Delaware limited partnership.

9. Final Acceptance of Public Improvement - Tract Map No. 18693 (Lynbrook). Accept the public improvements for Tract 18693, located at the southeast corner of East Preserve Loop and Forest Park Street, as complete and authorize release of the performance bond and initiate the warranty bond. (Item was pulled from the Consent Calendar)

10. KB Home Coastal, Inc. - Final Tract Map No. 20369 & Subdivision Improvement Agreement. Approve Tract Map No. 20369, generally located at the northeast corner of Pine Avenue and East Preserve Loop Street and approve the correlating Subdivision Improvement Agreement with KB Home Coastal, Inc.

11. Notice of Completion - MS181 FY2021-22 Local Street Overlay (16, 17, 18, at Tronkeel).

Accept the MS181 - Local Street Overlay Project as complete and authorize the Director of Public Works to file the Notice of Completion.

8.2 CONSENT CALENDAR Packet Pg. 18

CHINO CITY COUNCIL
NOVEMBER 15, 2022 4
Moved by Mayor Pro Tem Lucio, seconded by Council Member Comstock, and carried on a 5-0 vote to approve Consent Calendar Items 1-5, 7-8, and 10-11 as presented.

AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.

NOES: NONE.

ABSENT: NONE.

ITEMS PULLED FROM CONSENT CALENDAR

6. Federal Asset Forfeiture - Flock Safety Automated License Plate Reader Cameras & Software. Approve the 2-year lease agreement with Flock Group Inc for 39 Automated License Plate Reader cameras and software.

Staff Report by: Chino Police Captain Andy Bjelland and Lieutenant Dustin Tomicic.

Mayor Ulloa and Council Members asked questions and expressed appreciation for the software.

Moved by Council Member Pocock, seconded by Council Member Flores, and carried on a 5-0 vote to 1) approve the 2-year lease agreement with Flock Group Inc. for 39 Automated License Plate Reader (ALPR) Cameras; 2) appropriate $84,750.00 from the Asset Forfeiture / Department of Justice Fund for the first-year prorated lease service for Flock Safety ALPR cameras and software; 3) increase the Asset Forfeiture revenue by $84,750.00; and 4) authorize the City Manager to execute all necessary documents on behalf of the City.

AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.

NOES: NONE.

ABSENT: NONE.

9. Final Acceptance of Public Improvement - Tract Map No. 18693 (Lynbrook). Accept the public improvements for Tract 18693, located at the southeast corner of East Preserve Loop and Forest Park Street, as complete and authorize release of the performance bond and initiate the warranty bond.

Item no. 9 was included with Item No. 15 Acceptance of Public Improvements in Various Tracts and Developments.

NEW BUSINESS

12. Award Professional Services Agreement for ADA Self-Evaluation and Transition Plan.

Approve a Professional Services Agreement between the City and Bureau Veritas Technical Assessments, LLC Irvine, CA for a Citywide self-evaluation and development of an ADA transition plan for an amount of $538,551.20 and authorize an additional $53,855.00 for project contingencies for a total contract not to exceed $592,406.20.

Staff Report by: Lisa Almilli, Accessibility Coordinator.

Josie Garro and her son Tony, resident at Ivy at College Park, expressed appreciation for Lisa Almilli, City of Chino Accessibility Coordinator, for providing assistance and facilitating access to resources for Tony.

8.2 CONSENT CALENDAR Packet Pg. 19

CHINO CITY COUNCIL
NOVEMBER 15, 2022 5
Mayor Ulloa and Mayor Pro Tem Lucio expressed appreciation for the agreement and transition plan and thanked staff.

Moved by Mayor Pro Tem Lucio, seconded by Council Member Comstock, and carried on a 5-0 vote to 1) appropriate $94,406.20 from the unappropriated reserves of the General Fund; 2) award a Professional Services Agreement to Bureau Veritas Technical Assessments, LLC, Irvine, CA for a Citywide selfevaluation and development of an ADA transition plan in the amount of $538,551.20 and authorize an additional $53,855.00 for project contingencies for a total contract not to exceed $592,406.20; 3) authorize $2,000 for other project support services; and 4) authorize the City Manager to execute the necessary documents on behalf of the City, and approve up to two (2), one-year contract extensions.

AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.

NOES: NONE.

ABSENT: NONE.

13. Amendment to Policy on Accessible Pedestrian Facilities. Adopt Resolution No. 2022- 079, approving an amendment to the Citywide Policy on Accessible Pedestrian Facilities.

Staff Report by: Lisa Almilli, Accessibility Coordinator.

Mayor Ulloa and Council Member Comstock expressed appreciation for the policy updates.

Moved by Council Member Comstock, seconded by Council Member Flores, and carried on a 5-0 vote to adopt Resolution No. 2022-079, approving revisions to the City of Chino Policy on Accessible Pedestrian Facilities.

AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.

NOES: NONE.

ABSENT: NONE.

14. Approval of Settlement Agreements. Approval of Settlement Agreement with KB Homes, Lennar Homes, Lewis Companies, Richmond American Homes, and Woodside Homes for required accessibility improvements. The Settlement Agreement is not a project as defined by CEQA.

Staff Report by: Fred Galante, City Attorney.

City Attorney Fred Galante presented information on this item and noted that with Council approval, the settlement agreements will be updated with non-substantive changes due to minor modifications required.

Mayor Ulloa, Mayor Pro Tem Lucio, and Council Member Comstock expressed appreciation for the efforts to complete the settlement agreements and thanked staff and developers.

8.2 CONSENT CALENDAR Packet Pg. 20

CHINO CITY COUNCIL
NOVEMBER 15, 2022 6
Moved by Mayor Pro Tem Lucio, seconded by Council Member Pocock, and carried on a 5-0 vote to approve five separate settlement agreements between the City of Chino and KB Homes, Lennar Homes, Lewis Companies, Richmond American Homes and Woodside Homes for required improvements in the City of Chino per the Americans with Disabilities Act and California Law, including authorization for the City Attorney to make non-substantive changes.

AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.

NOES: NONE.

ABSENT: NONE.

15. Acceptance of Public Improvements in Various Tracts and Developments. Accept public improvements in projects completed by KB Homes, Lennar Homes, the Lewis Companies, Richmond American Homes, and Woodside Homes, consistent with five separate settlement agreements between the City of Chino and those same developers.

Staff Report by: Nicholas S. Liguori, AICP, Director of Development Services.

Moved by Mayor Pro Tem Lucio, seconded by Council Member Comstock, and carried on a 5-0 vote to accept all public improvements for Tracts: 17055, 17611, 17612, 18693, 18858, 18848, 19949, 17613, 16838, 16838-1, 16838-2, 16838-3, 17891, 17898, 17890, 17899, 17892, 18891, 17893, 17894, 17897, 18972, 17574, 16419, 16420-1, 19980, 17057, 17572, 18480, 19994, 18901, 18479, 19953, 19935, and 17635 in projects completed by KB Homes, Lennar Homes, the Lewis Companies, Richmond American Homes, and Woodside Homes, consistent with five separate settlement agreements between the City of Chino and those same developers.

AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.

NOES: NONE.

ABSENT: NONE.

16. Discussion concerning permit parking for Parkside Village Community and an update to the Municipal Code. Receive and file a report requesting permit parking from the Parkside Village Community and discuss proposed modifications to the Chino Municipal Code regarding residential permit parking areas.

Staff Report by: Dennis Ralls, City Traffic Engineer.

RECOMMENDATION: That the City Council receive and file a report regarding a request by the Parkside Village Community for establishment of a residential permit parking area and discuss staff recommendations on changes to Section 10.29 of the Chino Municipal Code concerning residential permit parking.

Bryon, Parkside Village Community resident, spoke in support of Parkside Village Community permit parking and detailed the parking issues experienced in his neighborhood.

Council Member Comstock thanked staff for working on this unique parking situation.

The item was received and filed. No action was required.

8.2 CONSENT CALENDAR Packet Pg. 21

CHINO CITY COUNCIL
NOVEMBER 15, 2022 7

17. Award of Contract and Appropriation - Former Fire Station No. 1 and Monte Vista Park House Demolition Project. Award a construction contract in the amount of $210,702 to Interior Demolition Earthwise Demo JV, Montrose, CA for the Former Fire Station No. 1 and Monte Vista Park House Demolition Project NC831.

Staff Report by: Keith Martinez, Assistant Project Coordinator.

Mayor Ulloa inquired about the demolition timeline to ensure there are no disruptions during the City Christmas Parade event and suggested staff work with Council Member Pocock to provide access on the former fire station property for the annual Kiwanis Cornfeed Run and Car Show event.

Moved by Council Member Comstock, seconded by Council Member Pocock, and carried on a 5-0 vote to 1) award a construction contract in the amount of $210,702 to Interior Demolition Earthwise Demo JV, Montrose, CA for the Former Fire Station No. 1 and Monte Vista Park House Demolition Project; 2) authorize expenditures of up to $21,070 for construction project contingencies, for a not-toexceed potential contract amount of $231,772; 3) appropriate $231,772 to the Building Management Fund with a year-end transfer from the General Fund reserves; 4) establish a non-capital project number NC831 for tracking; and 5) authorize the City Manager to execute all documents on behalf of the City.

AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.

NOES: NONE.

ABSENT: NONE.

18. Purchase Order Approval - Dave Bang Associates, Inc. Approve a purchase order for Dave Bang Associates Inc., Orange, CA in the amount of $139,880.42 for the purchase of park benches, tables, and trash cans.

Staff Report by: Ben Orosco, Acting Public Works Services Manager.

Curtis Burton, Chino Resident, requested evaluation of the park benches the surround the playground equipment at Cypress Trails Park for replacement.

Moved by Council Member Flores, seconded by Mayor Pro Tem Lucio, and carried on a 5-0 vote to 1) approve a purchase order for Dave Bang Associates Inc., Orange, CA in the amount of $139,880.42 for the purchase of park benches, tables, and trash cans; and 2) authorize the City Manager to execute all necessary documents on behalf of the City.

AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.

NOES: NONE.

ABSENT: NONE.

19. Professional Services Agreement for Engineering and Design Services - Project No.

SN231. Award a Professional Services Agreement with TAIT & Associates Inc., Santa Ana, CA for Engineering Design and Bid Support Services for Project No. SN231- Alley & Sanitation Rehabilitation at Various Locations.

Staff Report by: Maria Fraser, CIP Engineering Manager.

8.2 CONSENT CALENDAR Packet Pg. 22

CHINO CITY COUNCIL
NOVEMBER 15, 2022 8
Moved by Council Member Comstock, seconded by Council Member Flores, and carried on a 5-0 vote to 1) award a Professional Services Agreement in the amount of $128,765.00 to TAIT & Associates Inc., Santa Ana, CA for Engineering Design and Bid Support Services for Project No. SN231 - Alley & Sanitation Rehabilitation at Various Locations; 2) approve design contingency in the amount of $12,876.00 for a potential agreement amount not-to-exceed $141,641.00; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.

AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.

NOES: NONE.

ABSENT: NONE.

20. Contract Change Order for Edison Avenue Traffic Signal Modifications and Interconnect/Communications Project (TR 151/HSIP). Approve a construction contract change order for the Edison Avenue Traffic Signal Modifications and Interconnect/Communications Project TR151 to KDC, Inc. dba Dynalectric, Los Alamitos, CA, in the amount of $90,000.

Staff Report by: Maria Fraser, CIP Engineering Manager.

Moved by Mayor Pro Tem Lucio, seconded by Council Member Flores, and carried on a 5-0 vote to 1) approve a contract contingency increase with KDC, Inc., DBA, Dynalectric, Los Alamitos, CA, contract 2020181, in the amount of $57,115.80 for a revised not-to-exceed contingency amount of $202,189.80; 2) approve a contract change order in the amount of $90,000; 3) authorize the City Engineer to file a Notice Of Completion (NOC) upon final payment; and 4) authorize the City Manager to execute all necessary documents on behalf of the City.

AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.

NOES: NONE.

ABSENT: NONE.

MAYOR AND COUNCIL REPORTS
Mayor Ulloa.

Mayor Ulloa reported on meetings and events attended since the last meeting that included Omnitrans Board of Directors meeting; San Bernardino County Transportation Authority Board of Directors meeting; annexation discussion meeting; meeting with consultants regarding General Plan Update; meeting with residents regarding upcoming annexation; Chino Desalter Authority Board of Directors meeting; IEUA Sewage Policy Committee; Memorial Service for Alyssa Blanchard; 17th Annual Portuguese Phil Harmonic Festival; Appropriative Pool Meeting; Omnitrans Safety Committee; meeting with the City Manager; and farewell reception for Council Member Pocock.

Mayor Ulloa congratulated Marc Lucio and Curtis Burton on their election to the City Council.

Mayor Pro Tem Lucio.

Mayor Pro Tem Lucio reported on meetings and events attended since the last meeting that included Memorial Service for Alyssa Blanchard; City Manager meeting; Preserve School Groundbreaking Ceremony; Veterans Day Ceremony; Preserve Thanksgiving Food Drive; meeting with the City Manager; and farewell reception for Council Member Pocock.

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CHINO CITY COUNCIL
NOVEMBER 15, 2022 9
Council Member Comstock.

Council Member Comstock reported on meetings and events attended since the last meeting that included a meeting with North Chino residents on issues of mutual concern; Measure G Bond Oversight meeting; Preserve School Groundbreaking Ceremony; Memorial Service for Alyssa Blanchard; meeting with the City Manager; Youth Sports Presidents Dinner; Veterans Day Ceremony; and UChooze Basketball Tournament.

Council Member Comstock thanked Council Member Walt Pocock for his service; provided an invitation to attend Don Lugo Sports Boosters meeting on November 16; congratulated everyone who ran for public office; and congratulated Marc Lucio and Curtis Burton on their election to City Council. She also wished everyone a nice Thanksgiving Holiday and thanked the local community members and organizations who are helping the Chino community.

Council Member Flores.

Council Member Flores reported on meetings and events attended since the last meeting that included the 2022 Student Pitch Competition and Youth Entrepreneur Fair; 17th Annual Portuguese Phil Harmonic Festival; West Valley Regional Steering Committee; Chaffey College Report to the Community; Youth Sports Presidents Dinner; Preserve School Groundbreaking Ceremony; Veterans Day Event; UChooze Basketball Tournament; and celebration of life for Albert John Weiss.

Council Member Flores thanked staff member Lisa Almilli; wished a happy birthday to Bobby Martinez; and congratulated Curtis Burton and Mark Lucio on their election to City Council.

Council Member Pocock.

Council Member Pocock reported on meetings and events attended since the last meeting that included a Memorial Service for Alyssa Blanchard; Chaffey College Report to the Community; Youth Sports Presidents Dinner; Preserve School Groundbreaking Ceremony; Veterans Day Ceremony; UChooze Basketball Tournament; Bark Around Ayala Park; and Chino Youth Museum Bingo Fundraiser where Kiwanis presented a $20,000 donation.

Council Member Pocock expressed appreciation for his farewell event.

City Manager's Report.

City Manager Linda Reich expressed appreciation for Council Member Pocock.

City Attorney's Report.

City Attorney Fred Galante expressed appreciation for Council Member Pocock and congratulated Mayor Pro Tem Marc Lucio and Curtis Burton.

Police Chief's Report.

Police Chief Wes Simmons thanked everyone for their support of the UChooze Basketball Tournament and additionally thanked Tony Farmer and Neil Jerry for their help with the event, and again thanked everyone for their support of the no-shave November fundraiser.

Fire Chief's Report.

Fire Chief Dave Williams reported on the recent swift water rescue incident and urged the community to be mindful in rain and wind weather events; reported on attending the Veterans Day Ceremony; and provided a report on ambulance service Request for Proposals. Mayor Ulloa inquired about the timeline for the RFP and Chief Williams detailed there is currently no specific timeline.

8.2 CONSENT CALENDAR Packet Pg. 24

CHINO CITY COUNCIL
NOVEMBER 15, 2022 10

ADJOURN
The meeting adjourned at 9:43 p.m. The next Regular Meeting of the City Council will be held on Tuesday, December 6, 2022 at 7:00 p.m. (Closed Session at 5:00 p.m. if necessary) in these Council Chambers.

APPROVED AND ADOPTED THIS 6
th DAY OF DECEMBER 2022.

EUNICE M. ULLOA, MAYOR
ATTEST:

ANGELA ROBLES, CITY CLERK
**************************************************
(These minutes are not official until signed.)

8.2 CONSENT CALENDAR Packet Pg. 25
Revenue: Expenditure: 1002000-43320
Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

ADMINISTRATION DEPARTMENT
COUNCIL MEETING DATE: DECEMBER 6, 2022
TO: LINDA REICH, CITY MANAGER
FROM: ANGELA ROBLES, CITY CLERK
SUBJECT: ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL, TRAINING, AND MEETINGS.

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

FISCAL IMPACT
Sufficient funding is available in the adopted Fiscal Year 2022-23 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:
• Public Service Excellence through Internal and External Partnerships

8.3 CONSENT CALENDAR Packet Pg. 26
COUNCIL MEETING DATE: DECEMBER 6, 2022
SUBJECT: 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 1234 (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 agencies 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 public inspection at the City Clerk’s office located in City Hall at 13220 Central Avenue, Chino, CA.

Additionally, to provide the public with an event forecast, Exhibit A also includes a list of future events/trainings that Members of the Council may attend.

Attachment: Exhibit A

8.3 CONSENT CALENDAR Packet Pg. 27
ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL,

TRAINING, AND MEETINGS
DECEMBER 6, 2022 EXHIBIT A
Event Date Meeting Purpose and
Subject Matter
Location City Official Attendees
None
Future Conference, Meeting, and Training events Council Member(s) may attend Event Date Meeting Purpose and
Subject Matter
Location City Officials that may
attend
None

8.3.a
Elected Officials' Report Regarding Travel, Training, and Packet Pg. 28 Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: DECEMBER 6, 2022
TO: LINDA REICH, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR SUBJECT: PUBLIC IMPROVEMENT AGREEMENT FOR THE CHINO HILLS ANIMAL HOSPITAL PROJECT AT 3415 CHINO AVENUE (PL18-0106).

RECOMMENDATION
1) Approve a Public Improvement Agreement with Dunbar Holdings Chino, LLC for the expansion of the existing animal hospital and associated public improvements on Chino Avenue 2) authorize the City Manager to execute the necessary documents on behalf of the City.

FISCAL IMPACT
There is no direct fiscal impact.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image
• Responsible Long-Range Planning

8.4 CONSENT CALENDAR Packet Pg. 29
COUNCIL MEETING DATE: DECEMBER 6, 2022
SUBJECT: PUBLIC IMPROVEMENT AGREEMENT FOR THE CHINO HILLS ANIMAL HOSPITAL PROJECT AT 3415 CHINO AVENUE (PL18-0106)
PAGE 2

BACKGROUND
On February 19, 2021, the Development Services Department administratively approved the application presented by Dunbar Holdings Chino, LLC for the property located at 3415 Chino Avenue, to construct a 2,907 square foot building addition with related site improvements (Exhibit A).

The Engineering Conditions of Approval for the project require the applicant to design and construct public improvements along the property frontage on Chino Avenue in accordance with the Municipal Code. The public improvements include curb and gutter, sidewalk, asphalt concrete overlay, a street light, parkway landscaping and driveway approaches.

To guarantee the completion of these public improvements, Dunbar Holdings Chino, LLC is also conditioned to enter into a Public Improvement Agreement with the City and post the necessary securities to ensure the timely delivery of the public improvements located on Chino Avenue.

ISSUES/ANALYSIS
Dunbar Holdings Chino, LLC has submitted the Public Improvement Agreement and provided the necessary security to the City. The City Attorney has reviewed and approved the agreement and form of security.

The required public improvements consist of infrastructure needed to serve the general public, such as sidewalk and street lights to comply with accessibility standards, which will help promote a positive city image and demonstrate responsible long-range planning when completed and accepted by the City.

The project is exempt from the California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15332, Infill Development Projects.

Attachments: Exhibit A - Project Location Map
Exhibit B - Public Improvement Agreement

8.4 CONSENT CALENDAR Packet Pg. 30
EXHIBIT "A"
CHINO AVENUE (PUBLIC STREET) STATE HIGHWAY 71 FREEWAY

CHINO CREEK
LEGEND
PL 18-0106 ADMINISTRATIVE APPROVAL SADDLE LANE (PUBLIC STREET)

8.4.a
PIA - Animal Hospital Project 3415 Chino Avenue (PL18- Packet Pg. 31 01225.0006/367559.3 Updated 10-2020

PUBLIC IMPROVEMENT AGREEMENT
by and between

CITY OF CHINO
and

DUNBAR HOLDINGS CHINO, LLC

8.4.b
PIA - Animal Hospital Project 3415 Chino Avenue (PL18- Packet Pg. 32 01225.0006/367559.3

PUBLIC IMPROVEMENT AGREEMENT BETWEEN

THE CITY OF CHINO
AND

DUNBAR HOLDINGS CHINO, LLC
Agreement Date: December 6, 2022
Developer Name: Dunbar Holdings Chino, LLC
Description: On February 19, 2021, the Development Services Department administratively approved the application presented by the Chino Hills Animal Hospital located at 3415 Chino Avenue, to construct a 2,907 -square foot building addition with related site improvements. As part of the Engineering Conditions of Approval requirements, the applicant is required to design and construct certain public improvements along the perimeter of Chino Avenue including, but not limited to, curb and gutter, sidewalk, asphalt concrete overlay, streetlight(s), parkway landscaping, traffic signal interconnect, and driveway approaches.

Estimated Total Cost of Improvements: $104,400.00
Security:

Bond No.: ____________________
Surety: ____________________
CIC1928558
Capitol Indemnity Corporation

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PIA - Animal Hospital Project 3415 Chino Avenue (PL18- Packet Pg. 33 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
Dunbar Holdings Chino, LLC
Attn: Steven Dunbar
5125 Avenida De Amor
Yorba Linda, CA 92886
(909) 946-7500
[email protected]

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

8.4.b
PIA - Animal Hospital Project 3415 Chino Avenue (PL18- Packet Pg. 34 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 Survey Monuments

1.5 Performance of Work

1.6 Changes in the Work

1.7 Defective Work

1.8 No Warranty by City

1.9 Authority of the City Engineer

1.10 Documents Available at the Site

1.11 Inspection

1.12 Compliance With Law; Applicable Standards for Improvements

1.13 Suspension of Work

1.14 Erosion and Dust Control and Environmental Mitigation

1.15 Final Acceptance of Works of Improvement

1.16 Vesting of Ownership

1.17 Developer’s Obligation to Warn Public During Construction

1.18 Injury to Public Improvements, Public Property or Public Utility

2. Time for Performance

2.1 Commencement and Completion Dates

2.2 Phasing Requirements

2.3 Force Majeure

2.4 Continuous Work

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

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5. Cost of Construction and Provision of Inspection Service

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

8.4.b
PIA - Animal Hospital Project 3415 Chino Avenue (PL18- Packet Pg. 36 01225.0006/367559.3
1 PUBLIC IMPROVEMENT AGREEMENT
THIS PUBLIC IMPROVEMENT AGREEMENT (this “Agreement”) is entered into this 6
th day of December, 2022, 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 Dunbar Holdings Chino, LLC (“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 works of improvement thereon, as hereafter set forth.

B. Developer entered into a purchase and sale agreement with the Chino Valley Unified School District, which requires the developer to construct the off-site, backbone facilities supporting the future development of the second school site in The Preserve.

Currently, Lewis is looking to accelerate the required public improvements for the future twelve (12) acre school site located on the north-east corner of East Preserve Loop and Market Street (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 $104,400.00.

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2 1.2. Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Developer shall satisfy all of the other Conditions associated with the 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.

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3 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 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 whatsoever, 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.

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4 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 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 inspectors 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 recordation 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 recordation 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

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5 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 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 Sections 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

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6 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, 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

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7 Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site.

4. Security.

4.1. Required Security.
(a) At the time 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 $104,400.00 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 $52,200.00 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 $10,400.00 equal to 10% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer.

4.2. Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney:
(a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a 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,

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8 New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody’s or Standard & Poor’s.
(b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that 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

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9 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 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

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10 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, 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

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11 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 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

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12 property that are at the work site and that are necessary to complete the Works of Improvement.

8.3. Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by 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

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13 the improvements pursuant to the approved improvement plans 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 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 form 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;

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14 (iv) Completed operations; and
(v) Products.
(b) Commercial Business Auto policy with a minimum $1 million combined single limit for bodily injury and property damage, providing all of the following minimum coverage without deductibles:
(i) Coverage shall apply to any and all leased, owned, hired, or nonowned 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 selfinsurance 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,

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PIA - Animal Hospital Project 3415 Chino Avenue (PL18- Packet Pg. 50 01225.0006/367559.3
15 including any self- insured retention the City may have and any other insurance the City does possess shall be considered excess insurance only.”
(iii) “This insurance shall act for each insured and additional insured as though a separate policy has been written for each. This, however, will not act to increase the limit of the insuring company.” (iv) “Thirty (30) days prior written notice of cancellation shall be given to the City of Chino in the event of cancellation and/or reduction in coverage, except that ten (10) days prior written notice shall apply in the event of cancellation for non-payment of premium.” Such notice shall be sent to the Risk Manager at the address indicated in Subsection f below.
(v) Subsection d(iv) hereinabove “Cancellation Notice” is the only endorsement required of the Workers’ Compensation and
Employers’ Liability policy.
(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

8.4.b
PIA - Animal Hospital Project 3415 Chino Avenue (PL18- Packet Pg. 51 01225.0006/367559.3
16 Substance except in compliance with all applicable environmental laws. For the purposes of this Agreement, the term “Hazardous Substances” shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as “Toxic Materials” in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies. (c) 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

8.4.b
PIA - Animal Hospital Project 3415 Chino Avenue (PL18- Packet Pg. 52 01225.0006/367559.3
17 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 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.

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PIA - Animal Hospital Project 3415 Chino Avenue (PL18- Packet Pg. 53 01225.0006/367559.3
18 13.8. Severability. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.

13.9. Captions. The captions of this Agreement are for convenience and reference only and shall not be used in the interpretation of any provision of this Agreement.

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

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

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

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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PIA - Animal Hospital Project 3415 Chino Avenue (PL18- Packet Pg. 54

8.4.b
PIA - Animal Hospital Project 3415 Chino Avenue (PL18- Packet Pg. 55

8.4.b
PIA - Animal Hospital Project 3415 Chino Avenue (PL18- Packet Pg. 56 EXHIBIT "A"
CHINO AVENUE (PUBLIC STREET) STATE HIGHWAY 71 FREEWAY

CHINO CREEK
LEGEND
PL 18-0106 ADMINISTRATIVE APPROVAL SADDLE LANE (PUBLIC STREET) 01225.0006/367559.3 A-1

8.4.b
PIA - Animal Hospital Project 3415 Chino Avenue (PL18- Packet Pg. 57 01225.0006/367559.3 B-1
EXHIBIT “B”

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

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

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

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

E. 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.

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

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

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

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

J. 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.

K. Street signs at intersections per the City Standards.

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

M. Setting monuments as required by the State Code.

The Developer shall also perform all work and furnish all materials necessary, in the opinion of the Director of Development Services or his designee and on his order, to complete the improvements in accordance with the plans and specifications on file as hereinbefore specified, or any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work.

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PIA - Animal Hospital Project 3415 Chino Avenue (PL18- Packet Pg. 58 RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PL 18-0106 (Off-Site)
LOCATION : 3415 Chino Avenue, Chino, CA
By: SP Consulting Group
DATE: Revised 9/28/2022
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
EA Tree Removal $ 800.00 $ -
22 CY Concrete Removal $ 325.00 $ 7,150.00
35 CY AC Pavement Removal $ 100.00 $ 3,500.00
CY Imported Common Fill (Incl. Compaction) $ 34.00 $ -
3130 SF Preparation of Subgrade, Sidewalk and Paving $ 1.00 $ 3,130.00 94 LF PCC 8" Curb & 24" Gutter on 6" AB $ 26.00 $ 2,444.00 LF PCC 6" Curb & 24" Gutter on 6" AB $ 24.00 $ -
LF PCC Curb Only $ 20.00 $ -
LF 8" A.C. Berm $ 20.00 $ -
0 SF 8" PCC Cross Gutter on 6" AB $ 16.00 $ -
1540 SF 4" PCC Sidewalk $ 5.80 $ 8,932.00
SF 6" PCC Thick Drive Approach on 6" AB $ 12.50 $ -
1100 SF 8" PCC Thick Drive Approach on 6" AB $ 15.00 $ 16,500.00 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 $ -
368 SF Prime or Tack Coat $ 0.08 $ 29.44
50 TON AC Variable - <300T $ 130.00 $ 6,500.00
TON AC Variable - >300T $ 120.00 $ -
27 TON CAB Variable - <300T $ 100.00 $ 2,700.00
TON CAB Variable - >300T $ 90.00 $ -
EngCostEstimate Page 1 of 10 Effective Date: January 1, 2021 FOR BONDING PURPOSES

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EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PL 18-0106 (Off-Site)
LOCATION : 3415 Chino Avenue, Chino, CA
By: SP Consulting Group
DATE: Revised 9/28/2022
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
1 EA Adjust Storm Drain Manhole to Grade $ 950.00 $ 950.00 EA Adjust Sewer Cleanout to Grade $ 500.00 $ -
2 EA Adjust Water Valve and Can to Grade $ 525.00 $ 1,050.00 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 $ -
184 LF Sawcut A.C. $ 3.00 $ 552.00
11 LF Sawcut Concrete $ 3.00 $ 33.00
376 SF Cold Plane A.C. 2" Thick $ 0.28 $ 105.28
LF Signing & Striping for
0 LF 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 $ -
EngCostEstimate Page 2 of 10 Effective Date: January 1, 2021 FOR BONDING PURPOSES

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PIA - Animal Hospital Project 3415 Chino Avenue (PL18- Packet Pg. 60 RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PL 18-0106 (Off-Site)
LOCATION : 3415 Chino Avenue, Chino, CA
By: SP Consulting Group
DATE: Revised 9/28/2022
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
90 SF
Landscape (Including shrubs, Hardscape, Irrigation,
Ground Cover, Lighting, Installation Labor and Connection to Existing Systems) $ 15.00 $ 1,350.00
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 $ -
0 EA S.W. Ramps (A.D.A. Compliant) $ 4,000.00 $ -
EA Traffic Signal Loops $ 600.00 $ -
0 LS Relocate Pedestrian Push Button $ 2,500.00 $ -
5 EA Adjust Pull Box to Grade $ 500.00 $ 2,500.00
36 LF Concrete Sidewalk with Curbs $ 45.00 $ 1,620.00
0 SF Grouted Rock Island Surface $ 10.00 $ -
25 TON 12" Full Depth AC Pavement $ 110.00 $ 2,750.00
4 TON Overlay 2" AC Pavement @ Join $ 5.00 $ 20.00
1 EA Parkway Drain - Modified to an Inlet $ 2,500.00 $ 2,500.00

STREETS
STREET SUBTOTAL $ 72,015.72
LS Mobilzation (5% of Construction Cost) 5% $ 3,600.79
LS Traffic Control (5% of Construction Cost) 5% $ 3,600.79 LS Clear & Grub Site (5% of Construction Cost) 5% $ 3,600.79 LS Excavation (Clean Material) (5% of Construction Cost) 5% $ 3,600.79 GRAND TOTAL STREETS ONLY $ 86,418.86
EngCostEstimate Page 3 of 10 Effective Date: January 1, 2021 FOR BONDING PURPOSES

8.4.b
PIA - Animal Hospital Project 3415 Chino Avenue (PL18- Packet Pg. 61 RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PL 18-0106 (Off-Site)
LOCATION : 3415 Chino Avenue, Chino, CA
By: SP Consulting Group
DATE: Revised 9/28/2022
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 $ -
EA Fire Hydrant Assembly per City Std. $ 7,500.00 $ -
EA Blow-off Assembly 4" per City Std. $ 8,600.00 $ -
EA 2" Air Relief Assembly $ 4,500.00 $ -
EA 1" Water Service/Meter $ 3,500.00 $ -
EA 2" Water Service/Meter $ 4,500.00 $ -
WATER
WATER SUBTOTAL $ -
LS Mobilzation (5% of Construction Cost) 5% $ -
LS Traffic Control (5% of Construction Cost) 5% $ -
GRAND TOTAL WATER ONLY $ -
EngCostEstimate Page 4 of 10 Effective Date: January 1, 2021 FOR BONDING PURPOSES

8.4.b
PIA - Animal Hospital Project 3415 Chino Avenue (PL18- Packet Pg. 62 RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PL 18-0106 (Off-Site)
LOCATION : 3415 Chino Avenue, Chino, CA
By: SP Consulting Group
DATE: Revised 9/28/2022
Quantity Unit Item Unit Total Cost
Price Per Item

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

RECYCLED WATER
RECYCLED WATER SUBTOTAL $ -
LS Mobilzation (5% of Construction Cost) 5% $ -
LS Traffic Control (5% of Construction Cost) 5% $ -
GRAND TOTAL RECYCLED WATER ONLY $ -
EngCostEstimate Page 5 of 10 Effective Date: January 1, 2021 FOR BONDING PURPOSES

8.4.b
PIA - Animal Hospital Project 3415 Chino Avenue (PL18- Packet Pg. 63 RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PL 18-0106 (Off-Site)
LOCATION : 3415 Chino Avenue, Chino, CA
By: SP Consulting Group
DATE: Revised 9/28/2022
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 $ -
EA Sewer Saddle $450.00 $ -
EA Wyes 4" x 8" Typical $225.00 $ -
EA 48" Sewer Manhole $4,700.00 $ -
EA 60" Sewer Manhole $7,500.00 $ -
EA Sewer Cleanout $1,800.00 $ -
SEWER
SEWER SUBTOTAL $ -
LS Mobilization (5% of Construction Cost) 5% $ -
LS Traffic Control (5% of Construction Cost) 5% $ -
GRAND TOTAL SEWER ONLY $ -
EngCostEstimate Page 6 of 10 Effective Date: January 1, 2021 FOR BONDING PURPOSES

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PIA - Animal Hospital Project 3415 Chino Avenue (PL18- Packet Pg. 64 RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PL 18-0106 (Off-Site)
LOCATION : 3415 Chino Avenue, Chino, CA
By: SP Consulting Group
DATE: Revised 9/28/2022
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 FOR BONDING PURPOSES

8.4.b
PIA - Animal Hospital Project 3415 Chino Avenue (PL18- Packet Pg. 65 RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PL 18-0106 (Off-Site)
LOCATION : 3415 Chino Avenue, Chino, CA
By: SP Consulting Group
DATE: Revised 9/28/2022
Quantity Unit Item Unit Total Cost
Price Per Item

STORM DRAIN
LF
66 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 560.00 $ -
LF
72 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 625.00 $ -
LF
78 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 690.00 $ -
LF
84 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 765.00 $ -
LF
90 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 830.00 $ -
LF
96 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 920.00 $ -
LF
102 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 1,000.00 $ -
LF
108 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 1,075.00 $ -
LF
7' x 6' RCB Installed, including excavation, bedding,
backfill and pavement restoration $ 700.00 $ -
LF
7' x 8.5' RCB Installed, including excavation, bedding, backfill and pavement restoration $ 820.00 $ -
LF
7' x 9.5' RCB Installed, including excavation, bedding, backfill and pavement restoration $ 870.00 $ -
LF
8' x 11' RCB Installed, including excavation, bedding,
backfill and pavement restoration $ 1,000.00 $ -
LF
8' x 13' RCB Installed, including excavation, bedding,
backfill and pavement restoration $ 1,100.00 $ -
LF
9' x 9' RCB Installed, including excavation, bedding,
backfill and pavement restoration $ 1,000.00 $ -
LF
9' x 12' RCB Installed, including excavation, bedding,
backfill and pavement restoration $ 1,100.00 $ -
LF
4' x 6' RCB Installed, including excavation, bedding,
backfill and pavement restoration $ 680.00 $ -

STORM DRAIN
STORM DRAIN SUBTOTAL $ -
LS Mobilization (5% of Construction Cost) 5% $ -
LS Traffic Control (5% of Construction Cost) 5% $ -
GRAND TOTAL STORM DRAIN ONLY $ -
EngCostEstimate Page 8 of 10 Effective Date: January 1, 2021 FOR BONDING PURPOSES

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PIA - Animal Hospital Project 3415 Chino Avenue (PL18- Packet Pg. 66 RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PL 18-0106 (Off-Site)
LOCATION : 3415 Chino Avenue, Chino, CA
By: SP Consulting Group
DATE: Revised 9/28/2022
Quantity Unit Item Unit Total Cost
Price Per Item
DIRECT COSTS GRAND TOTAL STREETS ONLY $ 86,418.86
GRAND TOTAL WATER ONLY $ -
GRAND TOTAL RECYCLED WATER ONLY $ -
GRAND TOTAL SEWER ONLY $ -
GRAND TOTAL STORM DRAIN ONLY $ -

GRAND TOTAL (FOR PLAN CHECK & INSPECTION FEE
DETERMINATION) $ 86,418.86
PROJECT ADDITIVES Project Contingencies 10% $ 8,641.89
Construction Staking 3% $ 2,592.57
Soils Testing 1% $ 864.19
Material Testing 1% $ 864.19
Construction Inspection 4.8% $ 4,148.11
Contract Administration 1% $ 864.19
GRAND TOTAL (FOR BOND AMOUNTS) $ 104,393.99
EngCostEstimate Page 9 of 10 Effective Date: January 1, 2021 FOR BONDING PURPOSES

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PIA - Animal Hospital Project 3415 Chino Avenue (PL18- Packet Pg. 67 RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: PL 18-0106 (Off-Site)
LOCATION : 3415 Chino Avenue, Chino, CA
By: SP Consulting Group
DATE: Revised 9/28/2022
Quantity Unit Item Unit Total Cost
Price Per Item

BY ENGINEER
Prepared By: Thomas A. Petersen
R.C.E. Number: 35275
Expiration: 9/30/2023

BY CITY
Faithful Performance Bond (100% of Construction Cost) $ 104,400.00 Labor & Material Bond (50% of Construction Cost) $ 52,200.00 Warranty Bond (10% of Construction Cost) $ 10,400.00
Place R.C.E. Stamp and Signature Here (required)
EngCostEstimate Page 10 of 10 Effective Date: January 1, 2021 9/28/2022

FOR BONDING PURPOSES

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EXHIBIT “C”

DUNBAR HOLDINGS CHINO, LLC

ENVIRONMENTAL WARRANTY
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.

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M E M O R A N D U M

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: DECEMBER 6, 2022
TO: LINDA REICH, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR SUBJECT: INITIATE ANNEXATION TO THE LIGHTING AND LANDSCAPE DISTRICT FOR THE CHINO HILLS ANIMAL HOSPITAL ADDITION PROJECT - 3415 CHINO AVENUE (PL18-0106).

RECOMMENDATION
1) Adopt Resolution No. 2022-080 ordering the City Engineer to prepare and file a report for annexation of PL18-0106 to Landscape and Lighting District No. 2002-1 (Annexation/Zone No. 89); 2) approve the Engineer’s Report; 3) schedule a public hearing for February 7, 2023; and 4) and authorize the City Manager to execute the necessary documents on behalf of the City.

FISCAL IMPACT
There is no direct fiscal impact.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image

8.5 CONSENT CALENDAR Packet Pg. 92
COUNCIL MEETING DATE: DECEMBER 6, 2022
SUBJECT: INITIATE ANNEXATION TO THE LIGHTING AND LANDSCAPE DISTRICT FOR THE CHINO HILLS ANIMAL HOSPITAL ADDITION PROJECT - 3415 CHINO AVENUE (PL18- 0106)
PAGE 2

BACKGROUND
On February 19, 2021, the Development Services Department administratively approved the application presented by the Chino Hills Animal Hospital located at 3415 Chino Avenue, to construct a 2,907 -square foot building addition with related site improvements.

As part of the Engineering Conditions of Approval requirements, the applicant is required to design and construct certain public improvements along the perimeter of Chino Avenue including, but not limited to, curb and gutter, sidewalk, asphalt concrete overlay, a street light, parkway landscaping and driveway approaches.

The Conditions of Approval also require that the owner of Chino Hills Animal Hospital annex the property to the City’s Landscape and Lighting District No. 2002-1 (Annexation/Zone No. 89) for public street light maintenance along the project’s frontage, within the right-of way.

ISSUES/ANALYSIS
The property owner has requested the annexation of PL18-0106 into the City’s Landscape and Lighting District 2002-1. Staff recommends that the City Council authorize the initiation of the annexation proceedings for the street lights fronting the project on Chino Avenue as this will help foster a positive City image through the regular maintenance of these facilities.

According to State law, the City Council must, by resolution, order preparation of an Engineer’s Report (“Report”) estimating the annual assessment for each parcel for lighting facility maintenance, approve the Report, and by resolution order the initiation of the annexation process as set forth by State law. By way of ballots mailed to the property owners, the property owners are requested to register their support or protest for the annexation to Landscape and Lighting District No. 2002-1 (Annexation/Zone No. 89). The ballots shall be tabulated at a public hearing held no sooner than 45 days after the ballots have been mailed.

It is estimated that the annual assessment for this project will be $258.45 for the first year. The actual assessment will be based on actual costs, and the assessment amount is subject to change each year to account for maintenance and energy cost changes up to the annual Consumer Price Index for the region.

Attachment: Exhibit A - Location Map
Exhibit B - Resolution No. 2022-080
Exhibit C - Engineer’s Report

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EXHIBIT "A"
CHINO AVENUE (PUBLIC STREET) STATE HIGHWAY 71 FREEWAY

CHINO CREEK
LEGEND
PL 18-0106 ADMINISTRATIVE APPROVAL SADDLE LANE (PUBLIC STREET)

STREET LIGHT ANNEXATION
CITY OF CHINO ANNEXATION/ZONE #89

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Initiate Annexation to the LLD - Animal Hospital 3415 Packet Pg. 94 RESOLUTION NO. 2022-080

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA

DECLARING INTENTION TO ANNEX PROPERTY TO LANDSCAPE AND
LIGHTING DISTRICT NO. 2002-1, TO LEVY ASSESSMENTS ON SUCH PROPERTY FOR FISCAL YEAR 2022-23, SETTING THE TIME AND PLACE OF

A HEARING ON THE PROPOSED ANNEXATION, DETERMINING THE

DURATION OF SUCH ASSESSMENTS AND PROVIDING FOR ANNUAL

INCREASES IN THE AMOUNTS THEREOF AND FOR AN ELECTION THEREON FOR ANNEXATION NO. 89 OR ZONE 89.

WHEREAS, the City Council of the City of Chino (“City”) has initiated proceedings for the annexation of certain property to the Landscape and Lighting District No. 2002-1 of the City pursuant to the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code, for maintenance and servicing of public street light facilities as provided in Section 22525 of the Streets and Highways Code; and WHEREAS, as ordered by the City Council, the City Engineer (“Engineer”), has filed with the City Council a report regarding the assessments which are proposed to be levied on and collected from the owners of such property in Annexation No. 89 or Zone 89 of the Landscape and Lighting District for fiscal year 2022-23 to pay the costs of the maintenance and servicing of such public lighting and appurtenant facilities, and that report has been presented to and considered by the City Council; and
WHEREAS, it is necessary that the City Council adopt a resolution of intention pursuant to Sections 22606 and 22587 of the Streets and Highways Code setting and providing for notice of the time and place of a public hearing on said report, the proposed annexation of such property to the Landscape and Lighting District No. 2002-1;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHINO AS FOLLOWS:

Section 1. Findings. The City Council finds that:
(a) The foregoing recitals are true and correct:
(b) The report of the City Engineer (the “Report”) contains all matters required by Sections 22565 through 22574 of the Streets and Highways Code and may therefore be approved by the City Council;
(c) The assessments which are proposed to be levied for fiscal year 2022-23 on all parcels of assessable property which are proposed to be annexed to the Maintenance District are based on special benefit conferred upon each such parcel from the payment of the costs of public lighting facilities and appurtenant facilities maintenance and servicing thereof; (d) The proportionate special benefit derived by each such parcel has been determined in relationship to the entirety of the capital cost of the maintenance and servicing of public lighting and appurtenant facilities; and

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(e) The amount of the assessment which is proposed to be assessed on each such parcel is based upon and will not exceed the reasonable cost of the proportional special benefit conferred on that parcel.

Section 2. Intention. The City Council declares that it intends to annex the property described in Section 3 hereof to the Landscape and Lighting District No. 2002-1 and to levy assessments on all of the lots and parcels of assessable property which are proposed to be annexed to the Landscape and Lighting District No. 2002-1 for fiscal year 2022-23 in the amounts set forth in the Report. Such assessments will be collected at the same time and in the same manner as county taxes are collected, and all laws providing for the collection and enforcement of county taxes shall apply to the collection and enforcement of the assessments.

Section 3. Improvements. The improvement shall include the following:
(a) Street lights (as shown on Exhibit “A”), and any facilities which are appurtenant to such public lighting facilities, or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to all matters specified in subdivision (d) of Section 22525 of the Streets and Highways Code; and
(b) The maintenance or servicing, or both, of public lighting facilities.

Section 4. Report and Assessments. The Report, which is on file with the City Clerk, and which has been presented to the City Council at the meeting at which this resolution is adopted, is approved. Reference is made to the Report for a full and detailed description of the improvements, which are proposed to be levied on the assessable lots and parcels of property in No. 89 or Zone 89 of the Landscape and Lighting District No. 2002-1 for fiscal year 2022-23.

Section 5. Duration of Assessments; Annual Increases and Election. The assessments shall be levied on all parcels of assessable property in Annexation Zone 89 of the Assessment District, as identified in the Report, so long as the assessments are necessary to finance the maintenance and servicing of the improvements specified in Section 3 hereof. The assessment amounts contained in the Report shall be subject to an annual adjustment or increase for inflation, based on the Consumer Price Index (CPI). The assessment ballots which are to be mailed to the owners of assessable parcels of property in Annexation No. 89 or Zone 89, as provided in Section 8 hereof, shall clearly indicate that the property owners are voting on the duration of and annual increases in the amounts of the assessments as specified above.

Section 6. Hearing. The public hearing on the proposed annexation of the property within Annexation No. 89 to the Landscape and Lighting District No. 2002-1 and the assessments which are proposed be levied for fiscal year 2022-23 and which is required by Sections 22587 through 22594 and 22624 through 22629 of the Streets and Highways Code and Section 53753 of the Government Code is set for 7:00 p.m. on February 7, 2023 in the Council Chambers, 13220 Central Avenue, Chino, California.

Section 7. Notice of Hearing and Ballots. The City Clerk shall mail a notice of the proposed annexation and detachment and the proposed assessments and of the time and place of the public hearing, as specified in Section 6 hereof, to the record owner of each parcel of property identified in the Report. Such notice shall specify the total amount of the

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assessment chargeable to all the property within Annexation No. 89 or Zone 89 of the Landscape and Lighting District No. 2002-1, the amount chargeable to each owner’s particular parcel, the duration of the assessments, the reason for the assessments and the basis upon which the amounts of the proposed assessments were calculated, together with the date, time and location of the public hearing as specified in Section 6 hereof. The notice shall include, in a conspicuous place, thereon, a summary of the procedures applicable to the completion, return and tabulation of the assessment ballots which will accompany the notice and shall include a statement that the existence of a majority protest will result in the assessment not being levied, and that a majority protest will exist if, upon the conclusion of the hearing, assessment ballots submitted in opposition to the assessment exceed the assessment ballots submitted in favor of the assessment. There shall be included with each such notice mailed to owners of identified parcels within Annexation No. 89 an assessment ballot which includes the City’s address for receipt of any ballot when completed by any owner receiving such notice whereby such owner may indicate his or her name, reasonable identification of the parcel and support or opposition to the proposed assessment.

APPROVED AND ADOPTED THIS 6th DAY OF DECEMBER 2022.

EUNICE ULLOA, MAYOR
ATTEST:

ANGELA ROBLES, CITY CLERK

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State of California )
County of San Bernardino ) §
City of Chino )
I, Angela Robles, City Clerk of the City of Chino, do hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting held on the 6 th day of December 2022, by the
following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ANGELA ROBLES, CITY CLERK
Attachment: Exhibit A – Street Lights Location Map

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CITY OF CHINO, CALIFORNIA

COUNTY OF SAN BERNARDINO
LANDSCAPING AND LIGHTING DISTRICT NO. 2002-1
ANNEXATION NO. 89 ZONE NO. 89
PL 18-0106 ADMINISTRATIVE APPROVAL
(CHINO HILLS ANIMAL HOSPITAL & PET RESORT)
ENGINEER’S REPORT
FISCAL YEAR 2022-2023

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PL 18-0106 ADMINISTRATIVE APPROVAL
NOVEMBER 15, 2022 Page 2 of 3
Section 1. – Authority of Report
This report is in compliance with the requirements of Article 4, Chapter 1, Part 2, Division 15 of the Streets and Highways Code, State of California (Landscaping and Lighting Act of 1972).

Section 2. – General Description
The City Council has required that developers of residential tracts or commercial/industrial parcels annex said property to the Landscaping and Lighting District No. 2002-1 for the purpose of off-setting the costs associated with maintaining, operating and servicing of common landscaped areas and street lights in said property. The designated contiguous property to be annexed is described as follows:

PL 18-0106 ADMINISTRATIVE APPROVAL
ANNEXATION/ZONE NO. 89
Construction of a 2,907 square foot building addition for an existing veterinary hospital.

Section 3. – Maintenance
Detailed maintenance activities shall include:

A. STREET LIGHTS – The repair, removal or replacement of all or any part necessary to provide for the normal operation and maintenance of street lights. Routine repairs include replacement of the light bulb, fuse or photocell. Extraordinary repair includes replacement of the ballast, luminaire or correction of a wiring problem. Also included are the energy costs of the street light system.

Section 4. – Plans and Specifications
Plans and specifications for the landscaping and street lighting have been prepared and will be approved as a part of the improvement plans.

In conformance with the Conditions of Approval, and by reference, they are made a part of this report to the same extent as if said plans and specifications were attached hereto. Exhibits define the boundaries of the proposed annexation and the maintenance area. These plans and exhibits are on file and available for review in the Public Works Department and, in conjunction with County Assessor’s maps of the area to be annexed, comprise the assessment diagrams for the respective annexations. The said Assessor’s maps are on file in the office of the County Assessor and are by reference made a part of this report to the same extent as if they were attached hereto.

Section 5. – Estimated Cost and Assessments
No City costs will be incurred for parkway or street light improvement construction. All improvements will be constructed by the developer. Based on data from other cities, contract analysis and developed work standards, it is estimated that the total maintenance cost for street lighting will be approximately $258.45 for the first year for PL 18-0106 ADMINISTRATIVE APPROVAL. This cost is estimated only; actual assessment will be based on actual cost data.

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PL 18-0106 ADMINISTRATIVE APPROVAL
NOVEMBER 15, 2022 Page 3 of 3
The estimated total costs for Annexation No. 89 into Landscaping and Lighting District No. 89 are shown below.

PL 18-0106 ADMINISTRATIVE APPROVAL
ANNEXATION/ZONE NO. 89

ESTIMATE OF THE COST OF MAINTENANCE WORK
Annual Maintenance Cost of City-Owned Street Lights

LOCATION LAMP TYPE
NO. OF
LIGHTS

ENERGY COSTS

PER YEAR

MAINTENANCE

COSTS PER YEAR TOTAL
Interior 4,000-LED (32 watts) $ 12.00/Lamp + $12.00/Lamp $ -0- Interior 4,000-LED (41 watts) $ 14.00/Lamp + $12.00/Lamp $ -0- Interior 8,500-LED (88 watts) $ 30.00/Lamp + $12.00/Lamp $ -0- Interior 10,000-LED (90 watts) $ 32.00/Lamp + $12.00/Lamp Subtotal = (a) l $ -0-
Perimeter 4,000-LED (32 Watts) $ 12.00/Lamp + $12.00/Lamp $ -0- Perimeter 4,000-LED (41 Watts) $ 14.00/Lamp + $12.00/Lamp $ -0- Perimeter 8,500-LED (88 Watts) $ 30.00/Lamp + $12.00/Lamp $ -0- Perimeter 10,000-LED (90 Watts) $ 32.00/Lamp + $12.00/Lamp $ -0- Perimeter 15,000-LED (161 Watts) 2 $ 60.00/Lamp + $12.00/Lamp $ 144.00 Council policy to fund 50% of perimeter costs Subtotal = (b) $ 72.00 Total Annual Cost of Street Lights = (a + b) $ 72.00
Annual Maintenance Costs Summary
Total Annual Street Light Maintenance Cost $ 72.00
County Assessor Charge ($100 + $0.30/lot) $ 100.30
Total Direct Cost $ 172.30
Supplies and Services (18% of Direct Cost) $ 31.01
Administration (12% of Direct Cost)) $ 20.68
Reserve Funds (20% of Direct Cost) $ 34.46
Total Annual Assessment for this Development $ 258.45
Total Annual Assessment Per Lot $ 258.45
Average Monthly Cost Per Lot $ 21.54

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M E M O R A N D U M

CITY OF CHINO

FINANCE DEPARTMENT
COUNCIL MEETING DATE: DECEMBER 6, 2022
TO: LINDA REICH, CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE
SUBJECT: ANNEXATION OF TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2020-1 FOR MUNICIPAL SERVICES (SCANNELL PROPERTIES).

RECOMMENDATION
Adopt Resolution No. 2022-086, declaring the City of Chino’s intention to annex Territory to Community Facilities District No. 2020-1 for municipal services.

FISCAL IMPACT
Annexation of this project will add approximately $5,404 of Special Taxes annually to be used for certain municipal services described in the Resolution of Annexation for CFD No. 2020-1.

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
• Superior Customer Service
• Financial Stability

8.6 CONSENT CALENDAR Packet Pg. 102
COUNCIL MEETING DATE: DECEMBER 6, 2022
SUBJECT: ANNEXATION OF TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2020-1 FOR MUNICIPAL SERVICES (SCANNELL PROPERTIES)
PAGE 2

BACKGROUND
The City of Chino currently requires all new development within the City boundaries to either form a new Community Facilities District (CFD) or to annex into CFD No. 2020-1 to pay for vital City services. CFD No. 2020-1 was formed as an annexable CFD to facilitate this process.

The CFD 2020-1 Services Special Tax will be used to pay for eligible City services including public safety services; library and recreation program services; the operation and maintenance of future museums and cultural facilities; street and road maintenance; and the lighting of parks, parkways, streets, roads and open space and other authorized services that the City will provide to this project area as specified by §53313 of the California Government Code.

ISSUES/ANALYSIS
On November 9, 2021, the City of Chino received an application from TDC Remington Partners, LLC to annex their property into CFD 2020-1. The property includes a project called The Ranch by Transwestern. The following table provides some detail on the property:

APN No. Owner Acres
1073-131-08-0000 TDC Remington Partners, LLC 3.27
Annexation into CFD No. 2020-1 is a condition of their approvals for the development of their project within the City of Chino.

Adoption of Resolution No. 2022-086 will facilitate the annexation process and allow for the collection of revenues to off-set the cost of providing essential City services to this development.

Attachment: Resolution No. 2022-086 (Exhibits A, B, and C) Annexation Boundary Map
RB:hm

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1 RESOLUTION NO. 2022-086

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,

CALIFORNIA, DECLARING INTENTION TO ANNEX TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2020-1 OF THE CITY OF

CHINO (SERVICES) AND ADOPTING MAP OF AREA PROPOSED TO
BE ANNEXED THERETO (ANNEXATION NO. 3)
WHEREAS, on September 1, 2020, the City Council of the City of Chino (the “City Council”) adopted Resolution No. 2020-053 (the “Resolution of Formation”) to form Community Facilities District No. 2020-1 of the City of Chino (Services) (the “Community Facilities District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”), and the Community Facilities District has been established for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City of Chino (the “City”) as a result of the development of said real property; and
WHEREAS, the City has received a petition from TDC Remington Partners LLC, a Delaware limited liability company (the “Owner”), the owner and developer of the territory described in Exhibit A attached hereto (the “Proposed Annexation Area”), requesting that such property be annexed to the Community Facilities District, and agreeing to the annual levy of special taxes on such property sufficient to pay the costs of such services and costs incidental thereto; and
WHEREAS, the City Council, acting as the legislative body of the Community Facilities District, is authorized by Article 3.5 of the Act to annex territory to the Community Facilities District by complying with the procedures set forth in said Article 3.5 of the Act;

NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF CHINO AS FOLLOWS:

Section 1. Intention. The City Council declares its intention to conduct proceedings pursuant to said Article 3.5 of the Act for the annexation to the Community Facilities District of the Proposed Annexation Area. The City Council determines that the public convenience and necessity require that such Proposed Annexation Area be annexed to the Community Facilities District.

Section 2. Name of the Community Facilities District. The name of the existing Community Facilities District is Community Facilities District No. 2020-1 of the City of Chino (Services), County of San Bernardino, State of California.

Section 3. Description of Territory Proposed To Be Annexed; Annexation Map. The territory which is included in the Community Facilities District is described on the Map of the Community Facilities District recorded on August 18, 2020 in Book 89 of Maps of Assessment and Community Facilities Districts, pages 32, as Instrument No. 2020-0290615 of the official records of the County of San Bernardino. The Proposed Annexation Area proposed to be annexed to the Community Facilities District is described in Exhibit A attached hereto and by this reference made a part hereof. Such Proposed Annexation Area is also shown and described on the map thereof entitled “Boundaries – Potential Annexation Area, Community Facilities District No. 2020-1 (Services), City of Chino, County of San Bernardino, State of California,” which was

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2 recorded on August 18, 2020 in Book 89 of Maps of Assessment and Community Facilities Districts, pages 33, as Instrument No. 2020-0290615 of the official records of the County of San Bernardino. (the “Annexation Map”).

Section 4. Types of Services; Incidental Expenses; Plan for Providing Services. The services to be provided and financed by the Community Facilities District (the “Services”) consist of services permitted under the Act and described in Exhibit A to Resolution No. 2020-053 of the City Council adopted on September 1, 2020 (the “Resolution of Formation”), including, without limitation, maintenance of parks, parkways, park lighting, sidewalks, signage, landscaping in public areas, easements or right of way and open space; flood and storm protection services; the operation of storm drainage systems; maintenance of streets and roadways, traffic signals and street lighting; graffiti and debris removal from public improvements; public safety services including police, fire protection and fire suppression; operation of library and recreation programs; operation of future museums and cultural facilities; and maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City of Chino. In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay Administrative Expenses and to establish an operating reserve for the costs of services as determined by the CFD Administrator. The Community Facilities District shall also finance costs associated with the determination of the amount of and the levy and collection of special taxes which are levied to provide such services and costs otherwise incurred in order to carry out its authorized purposes. The services described above shall be provided, as needed, throughout the Community Facilities District and the Proposed Annexation Area for the benefit of all owners of property and residents of the Community Facilities District and the Proposed Annexation Area, and any other territory annexed thereto. All owners of taxable parcels of property within the Community Facilities District and the Proposed Annexation Area shall pay special taxes at the same rate to finance the annual cost of providing such services in accordance with the Rate and Method of Apportionment attached hereto as Exhibit C.

Section 5. Special Taxes. Except where funds are otherwise available, special taxes sufficient to pay the costs of the services described in Section 4 above and the annual administrative expenses of the Community Facilities District in determining, apportioning, levying and collecting such special taxes, shall be annually levied within the Proposed Annexation Area.

Pursuant to Section 53340 of the Act, the special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. However, under no circumstances shall the special tax levied against any parcel subject to the levy of the special tax be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the Community Facilities District by more than ten (10) percent. The rates and method of apportionment of said special taxes shall be as set forth in Exhibit C attached hereto and by this reference made a part hereof. The rate of special tax to be levied on property within the Proposed Annexation Area in any fiscal year to pay the cost of the services described in Section 4 above shall be equal to the rate of special tax which will be levied on all other property within the Community Facilities District to pay the cost of such services in such fiscal year.

Section 6. Adoption of Annexation Map. Pursuant to Section 3110.5 of the California Streets and Highways Code, the City Council adopts the Annexation Map as the map of the Proposed Annexation Area to the Community Facilities District. Pursuant to Section 3111 of said Code, the Clerk of the City (the “City Clerk”) shall file the original of the Annexation Map in her

8.6.a
Annexation of Territory into Community Facilities District Packet Pg. 105 Resolution 2022-086
3 office and shall file a copy of the Annexation Map with the County Recorder of the County of San Bernardino no later than 15 days following the adoption of this resolution.

PASSED AND ADOPTED by the City Council at a regular meeting held on the 6th day of December 2022.

CITY COUNCIL OF THE CITY OF CHINO
By:_____________________________________
Eunice M. Ulloa,
Mayor of the City of Chino
ATTEST:
________________________________
Angela Robles
City Clerk of the City of Chino

8.6.a
Annexation of Territory into Community Facilities District Packet Pg. 106 Resolution 2022-086
4 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )ss.

CITY OF CHINO )
I, ANGELA ROBLES, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Chino at a regular meeting held on the 6th day of December 2022, by the following votes:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS

ANGELA ROBLES, CITY CLERK
Attachments: Exhibits A, B and C

8.6.a
Annexation of Territory into Community Facilities District Packet Pg. 107 A-1

EXHIBIT A

DESCRIPTION OF THE PROPOSED ANNEXATION AREA
The property in the City of Chino, County of San Bernardino, California, identified by the San Bernardino County Assessor as Assessor’s Parcel Nos.:

APN NUMBERS

APPROXIMATE

ACREAGE
1073-131-08-0000 3.27

8.6.a
Annexation of Territory into Community Facilities District Packet Pg. 108 B-1

EXHIBIT B

DESCRIPTION OF PUBLIC FACILITIES AND SERVICES

TYPES OF PUBLIC FACILITIES
No Public Facilities are proposed to be funded by Community Facilities District No. 2020-1.

TYPES OF SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2020-1, as provided by Section 53313 of the Act, include the following (collectively, the “Services”):
(i) maintenance of parks, parkways, park lighting, sidewalks, signage, landscaping in public areas, easements or right of way and open space; (ii) flood and storm protection services;
(iii) the operation of storm drainage systems;
(iv) maintenance of streets and roadways, traffic signals and street lighting; (v) graffiti and debris removal from public improvements; (vi) public safety services including police, fire protection and fire suppression; (vii) operation of library and recreation programs;
(viii) operation of future museums and cultural facilities; and (ix) maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City of Chino.

In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses” as said term is defined in the Rate and Method of Apportionment and to establish an operating reserve for the costs of services as determined by the CFD Administrator. Capitalized terms used and not defined herein shall have the meanings set forth in the Rate and Method of Apportionment of Special Tax for CFD No. 2020-

1. 8.6.a
Annexation of Territory into Community Facilities District Packet Pg. 109 C-1

EXHIBIT C

RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 2020-1
(SERVICES) OF THE CITY OF CHINO
The following sets forth the Rate and Method of Apportionment for the levy and collection of Annual Special Tax in the City of Chino (“City”) Community Facilities District No. 2020-1 (Services) (“CFD No. 2020-1”). An Annual Special Tax shall be levied on and collected in CFD No. 2020-1 each Fiscal Year, in an amount determined through the application of the Rate and Method of Apportionment described below. All the real property within CFD No. 2020-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.

SECTION A

DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the land area is not shown on the applicable Final Map, the land area shall be calculated by the City Engineer.
“Act” means the Mello-Roos Communities Facilities Act of 1982 as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. “Administrative Expenses” means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2020-1: the costs of computing the amount of Special Tax to be levied and preparing the Annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting Special Tax (whether by the City or otherwise); the costs to the City, CFD No. 2020-1 or any designee thereof of complying with City or obligated persons annual reporting requirements associated with applicable federal and state laws and of the Act; the costs associated with responding to public inquiries regarding Special Tax; the costs associated with the City’s annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2020-1 for any other administrative purposes, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure, or otherwise addressing the disposition of delinquent Special Tax payments.
“Annual Special Tax” means the Special Tax actually levied in any Fiscal Year on any Assessor’s Parcel.
“Apartment Property” means all Assessor’s Parcels of Residential Property on which one or more Apartment Units are constructed. In cases where an Apartment Unit has been included in its own Assessor’s Parcel through the recordation of a condominium map or similar instrument that creates individual lots for which building permits may be issued without further subdivision, each Assessor’s Parcel associated with an individual lot created will be classified as Apartment Property and taxed accordingly, unless a Builder Notice has been filed with the City, in which case, each Assessor’s Parcel associated with an individual lot created will be classified as Single

8.6.a
Annexation of Territory into Community Facilities District Packet Pg. 110 C-2
Family Property and taxed accordingly.
“Apartment Unit” means a dwelling unit within a building comprised of attached residential units available for rental by the general public, not for sale to an end user, and under common management.
“Approved Property” means all Assessor’s Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the March 1
st preceding the Fiscal Year in which the Special
Tax is being levied, and (ii) that have not been issued a building permit on or before March 1 st
preceding the Fiscal Year in which the Special Tax is being levied. “Assessor’s Parcel” means a lot or parcel of land designated on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number within the boundaries of CFD No. 2020-1. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that number assigned to an Assessor’s Parcel by the County for purposes of identification.
“Builder Notice” means a certified written notice to the Finance Director of the City filed by the owner of the Assessor’s Parcels within a Final Map at or prior to the time the Final Map is recorded stating that residential uses, other than Apartment Units, are planned to be constructed within such Final Map area.
“Building Square Footage” or “BSF” means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the building permit application for such Assessor’s Parcel and subject to verification by City Staff.
“Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
“CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes.
“CFD No. 2020-1” means Community Facilities District No. 2020-1 established by the City under the Act.
“City Council” means the City Council of the City of Chino, acting as the Legislative Body of CFD No. 2020-1, or its designee.
“Consumer Price Index” or “CPI” means the index published monthly by the U.S. Department of Labor, Bureau of Labor Statistics for all urban consumers in the Riverside-San BernardinoOntario area. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Consumer Price Index for the Riverside-San Bernardino-Ontario. “County” means the County of San Bernardino, California.

8.6.a
Annexation of Territory into Community Facilities District Packet Pg. 111 C-3
“Developed Property” means all Assessor’s Parcels of Taxable Property that: (i) are included in a Final Map that was recorded prior to January 1
st preceding the Fiscal Year in which the
Special Tax is being levied, and (ii) a building permit was issued on or before March 1 st preceding
the Fiscal Year in which the Special Tax is being levied. “Exempt Property” means all Assessor’s Parcels designated as being exempt from Special Tax as provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. “Fiscal Year” means the period commencing July 1 of any year and ending the following June 30.
“Maximum Special Tax” means the Maximum Special Tax, determined in accordance with Section C that can be levied by CFD No. 2020-1 within in any Fiscal Year on any Assessor’s Parcel.
“Non-Residential Property” means all Assessor’s Parcels of Developed Property for which a building permit was issued for any type of non-residential use. “Proportionately,” in the case of Special Tax, means that the ratio of the Annual Special Tax levy to the applicable Maximum Special Tax is equal for all applicable Assessor’s Parcels. “Residential Property” means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. “Services” means services permitted under the Mello-Roos Community Facilities Act of 1982 including, without limitation, maintenance of parks, parkways and open space; flood and storm protection services; the operation of storm drainage systems; and public safety services. All of the services financed must be provided within the boundaries of or for the benefit of CFD No. 2020-1.
“Single Family Property” means all Assessor’s Parcels of Residential Property other than Apartment Property.
“Single Family Unit” means a dwelling unit other than an Apartment Unit. “Special Tax” means any of the special taxes authorized to be levied within CFD No. 2020-1 pursuant to the Act to fund the Special Tax Requirement. “Special Tax Requirement” means that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs of CFD No. 2020-1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for (i) Services, and (ii) Administrative Expenses. Under no circumstances shall the Special Tax Requirement include funds for Bonds.

8.6.a
Annexation of Territory into Community Facilities District Packet Pg. 112 C-4
“Taxable Property” means all Assessor’s Parcels within CFD No. 2020-1, which are not Exempt Property.
“Undeveloped Property” means all Assessor’s Parcels of Taxable Property which are not Developed Property or Approved Property.

SECTION B
CLASSIFICATION OF ASSESSOR’S PARCELS
Each Fiscal Year, beginning with Fiscal Year 2020-21, each Assessor’s Parcel within CFD No. 2020-1 shall be classified as Taxable Property or Exempt Property. In addition, each Assessor’s Parcel of Taxable Property shall be further classified as Developed Property, Approved Property, or Undeveloped Property. In addition, each Assessor’s Parcel of Developed Property shall further be classified as Residential Property or Non-Residential Property. Lastly, each Assessor’s Parcel of Residential Property shall further be classified as Single Family Property or Apartment Property, and the Building Square Footage of each Single Family Unit or Apartment Unit within each such Assessor’s Parcel shall be determined.

SECTION C

MAXIMUM SPECIAL TAX

1. Developed Property
Maximum Special Tax
The Maximum Special Tax for each Assessor’s Parcel of Developed Property for each Land Use Type is shown below in Table 1.

On each July 1, commencing July 1, 2021, the Maximum Special Tax for the prior Fiscal Year shall be increased by (i) an amount equal to the percentage change increase in the Consumer Price Index for the twelve month period ending in March of the prior Fiscal Year.

TABLE 1

8.6.a
Annexation of Territory into Community Facilities District Packet Pg. 113 C-5
Maximum Special Tax for Developed Property
Land Use Type Building Square Footage Rate
Single Family Unit Less than 1,050 $223 per Unit
Single Family Unit 1,050 – 1,199 $242 per Unit
Single Family Unit 1,200 – 1,349 $261 per Unit
Single Family Unit 1,350 – 1,499 $280 per Unit
Single Family Unit 1,500 – 1,649 $299 per Unit
Single Family Unit 1,650 – 1,799 $319 per Unit
Single Family Unit 1,800 – 1,949 $339 per Unit
Single Family Unit 1,950 – 2,099 $359 per Unit
Single Family Unit 2,100 – 2,249 $379 per Unit
Single Family Unit 2,250 – 2,399 $399 per Unit
Single Family Unit 2,400 – 2,549 $419 per Unit
Single Family Unit 2,550 – 2,699 $439 per Unit
Single Family Unit 2,700 – 2,849 $459 per Unit
Single Family Unit 2,850 – 2,999 $479 per Unit
Single Family Unit 3,000 – 3,149 $499 per Unit
Single Family Unit 3,150 – 3,299 $519 per Unit
Single Family Unit 3,300 – 3,449 $540 per Unit
Single Family Unit 3,450 – 3,599 $561 per Unit
Single Family Unit 3,600 – 3,749 $582 per Unit
Single Family Unit 3,750 or Greater $603 per Unit
Apartment Unit Less than 850 $ 108 per Unit
Apartment Unit 850 - 1,049 $ 123 per Unit
Apartment Unit 1,050 or greater $ 138 per Unit
Non-Residential Property N/A $ 1,450 per Acre

2. Approved Property and Undeveloped Property
No Special Tax shall be levied on Approved Property and Undeveloped Property.

SECTION D

METHOD OF APPORTIONMENT OF THE MAXIMUM SPECIAL TAX
Commencing with Fiscal Year 2020-21 and for each following Fiscal Year, the City shall levy the Special Tax at up to 100% of the applicable Maximum Special Tax, Proportionately on each Assessor’s Parcel of Developed Property until the amount of Special Tax equals the Special Tax Requirement.

SECTION E

PREPAYMENT OF ANNUAL SPECIAL TAX
The Special Tax cannot be prepaid.

SECTION F

TERM OF SPECIAL TAX
For each Fiscal Year, the Special Tax shall be levied in perpetuity as long as the Services are being provided.

SECTION G

8.6.a
Annexation of Territory into Community Facilities District Packet Pg. 114 C-6

EXEMPTIONS
The City shall classify Exempt Property within as (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Assessor’s Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners’ association, (iv) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Assessor’s Parcels which are privately owned and are encumbered by or restricted solely for public uses or classified as Agricultural Buffer Property, or (vi) other types of public uses determined by the City Council.

SECTION H

APPEALS
Any property owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with the City Council not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative(s) of CFD No. 2020-1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Annual Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).

SECTION I

MANNER OF COLLECTION
The Annual Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2020-1 may collect the Annual Special Tax at a different time or in a different manner, if necessary, to meet its financial obligations.

SECTION J

INTERPRETATIONS
The City Council may interpret this Rate and Method of Apportionment of Special Tax by ordinance or resolution for purposes of clarifying any vagueness or ambiguity. Any decision of the City Council shall be final and binding as to all persons.

SECTION K

FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2020-1 from time to time.

Pursuant to California Government Code Section 53339 et seq., the rate and method adopted for the annexed property shall reflect the Maximum Special Tax rate at the then current year’s Maximum Special Tax rate as set forth in Section C.

8.6.a
Annexation of Territory into Community Facilities District Packet Pg. 115 SANBERNARDINOCOUNTYRECORDER’SCERTIFICATE

THIS MAP HAS BEEN FILED UNDER DOCUMENT NUMBER
_________________ THIS _____ DAY OF _________________,
20____, AT ____ __ M., IN BOOK ____ OF ________________ AT PAGE ____, AT THE REQUEST OF CITY OF CHINO IN
THE AMOUNT OF $____________.

ASSESSOR-RECORDER-COUNTY CLERK

COUNTY OF SAN BERNARDINO
BY: __________________________________

DEPUTY RECORDER
SHEET 1 OF 1 SHEET

REMINGTON AVE
M
O
O
N
P
L
1073-131-08-0000

THIS MAP CORRECTLY SHOWS THE LOT OR PARCEL OF

LAND INCLUDED WITHIN THE BOUNDARIES OF THE COMMUNITY
FACILITIES DISTRICT. FOR DETAILS CONCERNING THE LINES

AND DIMENSIONS OF LOTS OR PARCELS REFER TO THE SAN
BERNADINO COUNTY ASSESSOR'S MAPS FOR FISCAL YEAR 2022-2023.

ANNEXATION
AREA
·|}þ71
·|}þ83
EUCL
E
ID

L PRADO

BICKMORE

CHINO-CORONA

SULTANA
HELLM
AN
M

OUNTAIN

KIMBALL GRO
VE

MILL CREE
S
K

AN ANTONIO

BON VIEW

MERRILL
PINE
EUCLID
³

VICINITY MAP

NOT TO SCALE
0 250 500
Feet
M:\GIS-Assessment\Chino\CFD_2020-1_Annexation_3.mxd
LEGEND

ANNEXATION BOUNDARY

PARCEL BOUNDARY

CITY OF CHINO

XXXX-XXX-XX-XXXX ASSESSOR'S PARCEL NUMBER

I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE PROPOSED BOUNDARY OF ANNEXATION NO. 3 TO COMMUNITY FACILITIES DISTRICT NO. 2020-1 (SERVICES), CITY OF CHINO, COUNTY OF SAN BERNARDINO,

STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF SAID CITY OF CHINO AT A REGULAR MEETING THEREOF HELD ON THE ______ DAY OF ________________, 2022, BY RESOLUTION NO. ______________________. _____________________________________

CITY CLERK, CITY OF CHINO

THIS MAP SHOWS THE BOUNDARIES OF THE AREA PROPOSED TO BE ANNEXED INTO COMMUNITY FACILITIES DISTRICT NO. 2020-1 (SERVICES) OF THE CITY OF CHINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNA.

THE BOUNDARIES OF WHICH COMMUNITY FACILITIES DISTRICT BOUNDARY MAP WAS RECORDED AS INSTRUMENT NO. 2020-0290615 IN BOOK 89 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE 32, AND ANNEXATION AREA BOUNDARY MAP RECORDED AS INSTRUMENT NO. 2020-0290616 IN BOOK 89 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE 33. RECORDED IN THE OFFICE OF THE COUNTY RECORDER FOR THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA.

FILED IN THE OFFICE OF THE CITY CLERK OF CHINO
ON THIS ______ DAY OF _______________ , 2022
BY: _______________________________________

CITY CLERK, CITY OF CHINO
ANNEXATION MAP NO. 3
COMMUNITY FACILITIES DISTRICT NO. 2020-1 (SERVICES)

CITY OF CHINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA

8.6.b
Annexation of Territory into Community Facilities District Packet Pg. 116 Revenue: Expenditure: 3207100 - 40010 - ST203
Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: DECEMBER 6, 2022
TO: LINDA REICH, CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH EXP U.S.

SERVICES, INC.

RECOMMENDATION
1) Approve Amendment No. 6 to the Professional Services Agreement (No. 2021-053) with EXP U.S. Services, Inc. (EXP) in an amount not-to-exceed $115,080.00 for additional professional services; 2) increase the contract by $115,080.00 for a total contract amount not-to-exceed $952,791.93; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.

FISCAL IMPACT
There are sufficient funds in the project 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:
• Positive City Image
• Responsible Long-Range Planning

8.7 CONSENT CALENDAR Packet Pg. 117
COUNCIL MEETING DATE: DECEMBER 6, 2022
SUBJECT: AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH EXP U.S.

SERVICES, INC
PAGE 2

BACKGROUND
Project ST203 - Pine Avenue, between Euclid to Johnson Avenue, is a master-planned facility included in the City’s Development Impact Nexus and Calculation Report, which will be a sixlane arterial roadway with a raised landscaped median. Improving and widening this section of Pine Avenue, from Euclid Avenue to Johnson Avenue, to six lanes will increase traffic flow, relieve traffic congestion, and improve the quality of life for the residents in the south Chino area. Additionally, raising Pine Avenue from Euclid Avenue to Johnson Avenue approximately

4.5’ above the El Prado Basin’s 100-year ponding depth, will increase public safety by allowing access during flooding events, and, therefore, faster response times by the Chino Police Department and Chino Valley Fire. The ultimate configuration of Pine Avenue will require additional rights-of-way, relocation of existing utilities, changes in vertical profile, modification of intersections, new pavement and striping, provisions for new sewer, domestic water, recycled water, drainage, and water quality facilities. Construction of these new improvements requires coordination with adjacent property owners and/or review and permits from Army Corps of Engineers, Orange County Flood Control District, Caltrans, the California Department of Fish and Wildlife, and utility companies.

ST-203, Pine Avenue Widening from Euclid Avenue to Johnson Avenue and the Euclid Avenue/Pine Avenue Intersection is approximately 65% complete. Pine Avenue widening (Euclid to Johnson Avenue) and conceptual plans are being finalized for the Pine Avenue/Euclid Avenue Intersection.

On April 5, 2022, City Council approved EXP amendment No. 4 for design of the Euclid Avenue/Pine Avenue intersection. Environmental documentation and Traffic Impact Analysis is necessary to complete the design of the Pine Avenue Intersection and Widening. Staff selected and is recommending that EXP perform the traffic impact analysis and environmental analysis, as they have extensive experience in not only traffic modeling but Caltrans requirements which will be a reviewing agency.

ISSUES/ANALYSIS
As previously described, because of EXP’s experience in expeditiously providing reports and securing Caltrans approvals and permits, it is staff’s recommendation to retain EXP to provide engineering services for ST-203 for a traffic impact analysis and environmental analysis. This project is completely funded through the City’s Preserve Development Impact Fees and has no impact on the City’s General Fund. Staff recommends approval of Amendment No. 6 with EXP in an amount not-to-exceed $115,080.00 for Amendment No. 6. This amendment will revise the total contract amount for a potential not-to-exceed amount of $952,791.93.

Attachments:

EXP Amendment No. 6
ST203 - EXP Scope of Work (A6)

8.7 CONSENT CALENDAR Packet Pg. 118
Project Name/No.: Pine Ave. Extension to SR71 Contract No.: 2021-053 (A6) Ramp Widening Design Services (ST204)
Project Manager: M. Fraser/ CIP Approved: _____________ AMENDMENT NO. 6

TO AGREEMENT FOR SERVICES

THIS AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES (“Amendment”) by and between the CITY OF CHINO, a California municipal corporation (“City”) and EXP U.S. SERVICES, INC., (“Consultant”) is effective as of the 6 th day of
December, 2022.

RECITALS
A. City and Consultant entered into that certain Agreement for Contractual Services dated July 7
th, 2020 (“Agreement”) whereby Consultant agreed to perform Design Engineering Design Services for Project ST204.

B. City and Consultant executed a First Amendment to the Agreement on March 16th, 2021, to increase compensation and to add to the scope of services.

C. City and Consultant executed a Second Amendment to the Agreement on July 1st, 2021, to extend the term of the Agreement.

D. City and Consultant executed a Third Amendment to the Agreement on October 5 th
, 2021, to increase compensation and to add to the scope of services.

E. City and Consultant executed a Fourth Amendment on April 5th, 2022, to increase compensation and to add to the scope of services.

F. City and Consultant executed a Fifth Amendment on July 1st, 2022, to extend the term of the Agreement.

G. City and Consultant now desire to amend the Agreement to increase compensation and to add to the scope of services.

TERMS

1. Contract Changes. The Agreement is amended as provided herein. (a) Article 2, Compensation, is hereby revised to increase the Contract Sum by One Hundred Fifteen Thousand Eighty Dollars and Zero Cents ($115,080.00) for a traffic impact analysis and environmental analysis, and shall read in its entirety as follows:
“Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation”

8.7.a
Amendment to EXP U.S. Services, Inc. Professional Packet Pg. 119 - 2 -
01225.0001/458787.1
attached hereto as Exhibit “C” and incorporated herein by this reference.

The total compensation, including reimbursement for actual expenses, shall not exceed Nine Hundred Fifty-Two Thousand Seven Hundred Ninety One Dollars and Ninety Three Cents ($952,791.93) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.” (b) The scope of services provided in Exhibit “A” of the Agreement is amended to include the additional scope of services and fee schedule described in Exhibit “A-6”, attached hereto.

2. Continuing Effect of Agreement. Except as amended by this Agreement, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement.

3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.

Consultant represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

City represents and warrants to Consultant that, as of the date of this Amendment, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.

5. Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE]

8.7.a
Amendment to EXP U.S. Services, Inc. Professional Packet Pg. 120 - 3 -
01225.0001/458787.1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF CHINO, a municipal corporation
Linda Reich, City Manager
ATTEST:

Angela Robles, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

ALESHIRE & WYNDER, LLP
_____________________________ ____________________________________ Fred Galante, City Attorney Amer Jakher, P.E., Director of Public Works CONSULTANT:

EXP U.S. SERVICES, INC.:

By:

Name:

Title:

By:

Name:

Title:

Address: ______

Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES

SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS

MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

8.7.a
Amendment to EXP U.S. Services, Inc. Professional Packet Pg. 121 01225.0001/458787.1

STATE OF CALIFORNIA )
) ss.

COUNTY OF _______________ )
On ___________________, 2022 before me, __________________________________, a notary public, personally appeared ________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
_________________________________________
Notary Public
SEAL:

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

8.7.a
Amendment to EXP U.S. Services, Inc. Professional Packet Pg. 122 01225.0001/458787.1

STATE OF CALIFORNIA )
) ss.

COUNTY OF _______________ )
On ___________________, 2022 before me, __________________________________, a notary public, personally appeared ________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
_________________________________________
Notary Public
SEAL:

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

8.7.a
Amendment to EXP U.S. Services, Inc. Professional Packet Pg. 123 EXHIBIT "A-6"
A6-1

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A6-11

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8.7.b
Amendment to EXP U.S. Services, Inc. Professional Packet Pg. 144

8.7.b
Amendment to EXP U.S. Services, Inc. Professional Packet Pg. 145 Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

FINANCE DEPARTMENT
COUNCIL MEETING DATE: DECEMBER 6, 2022
TO: LINDA REICH, CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE
SUBJECT: DEVELOPMENT IMPACT FEE REPORT FOR FISCAL YEAR 2021-22.

RECOMMENDATION
Receive and file the Development Impact Fee Report for Fiscal Year 2021-22.

FISCAL IMPACT
No fiscal impact to the City.

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:

Financial Stability
Responsible Long-Range Planning
Positive City Image

8.8 CONSENT CALENDAR Packet Pg. 146
COUNCIL MEETING DATE: DECEMBER 6, 2022
SUBJECT: DEVELOPMENT IMPACT FEE REPORT FOR FISCAL YEAR 2021-22 PAGE 2

BACKGROUND
In accordance with Government Code Section 66006, the City is required to prepare an annual report related to Development Impact Fees (DIF). This report must contain the following information:

1. A brief description of the type of fee;

2. The beginning and ending amount of each fee account;

3. The amount of the fees collected, and the interest earned;

4. An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement;

5. The amount of the fee;

6. An identification of approximate dates by which the construction of the public improvements will commence; and

7. A description of each inter-fund transfer or loan made from the account, if any.

This information must be made available to the public within 180 days after the last day of each fiscal year. The local agency shall review the information made available to the public at the next regularly scheduled public meeting not less than 15 days after this information is made available to the public.

ISSUES/ANALYSIS
Schedule A1 displays the activity within each fund, including revenue, expenses and fund balances which satisfies Section 66006 requirements 1, 2, and 3. Schedule A2 provides an itemized accounting of expenses by development impact fee category, satisfying Section 66006 requirement 4. Schedule B is the City’s Fee Schedule listing all DIF’s, satisfying requirement 5.

Schedule C is the City’s 5-Year Capital Improvement Plan, satisfying requirement 6. Schedule D identifies loans made from the DIF funds, satisfying requirement 7.

Section 66001 of the Government Code requires that every five years, all unexpended Development Impact Fees must be designated for specific improvements. The City’s 5-Year Capital Improvement Program and the Annual Budget, available on the City’s website, contains specific designations of Development Impact Fees.

This report and all supporting documents are available in the Finance Department.

Attachments: Schedules A1, A2, B, C and D.

8.8 CONSENT CALENDAR Packet Pg. 147
End. Fund Bal.
6/30/21*
2021-22 DIF
Revenue
2021-22
Interest** 2021-22 Expenses
End. Fund Bal.
6/30/22
Transportation
Development DIF 35,286,595 5,009,558 (576,404) 4,947,309 34,772,440 Law Enforcement
DIF 2,963,538 845,428 (65,558) 54,859 3,688,549
Fire Protection DIF (155) 193,424 (3,452) 194,526 (4,708) General Facilities
DIF 2,051,093 1,200,739 (55,798) 117,157 3,078,878
Library Facilities
DIF 502,950 0 (8,544) 0 494,407
Commercial/
Industrial Park DIF 453,592 0 (7,705) 0 445,886
Community
Facilities DIF 2,740,601 33,601 (47,197) 0 2,727,005
Water DIF 426,247 679,159 (4,859) 614,351 486,196
Sewer DIF
Citywide 3,038,053 151,747 (67,999) 0 3,121,802
East Chino 657,771 563 2,311 0 660,645
Total 3,695,824 152,311 (65,688) 0 3,782,447
Storm Drain DIF 3,406,935 505,577 (30,943) 1,678,129 2,203,441 Congestion
Mitigation Plan DIF 3,409,550 4,304,012 (143,742) 0 7,569,819 * Beginning balances adjusted for Market Value Adjustments ** Negative interest revenue is due to Year End Market Value Adjustment Development Impact Fee Analysis - City Wide (Preserve Excluded) FY 2021-22
Schedule A1, Page 1 of 2

8.8.a
Development Impact Fee Report for Fiscal Year 2021-22 Packet Pg. 148 End. Fund
Bal. 6/30/21*
2021-22 DIF
Revenue
2021-22
Interest** 2021-22 Expenses
Bridges, Signals, &
Thoroughfares DIF 17,240,832 5,779,422 (330,581) 2,593,914 Water DIF 1,480,126 596,327 (36,271) 0
Sewer DIF 380,968 134,168 (8,976) 0
Storm Drain DIF 4,252,104 1,750,264 (103,340) 91,054
Library Facilities DIF 284,450 0 (4,832) 0
Community Facilities DIF 1,867,201 0 (31,718) 0
Misc. Open Space
Amenities DIF 1,577,473 0 (26,797) 0
** Negative interest revenue is due to Year End Market Value Adjustment Development Impact Fee Analysis - The Preserve
FY 2021-22
* Beginning balances adjusted for Market Value adjustments Schedule A1, Page 2 of 2

8.8.a
Development Impact Fee Report for Fiscal Year 2021-22 Packet Pg. 149 Project
Expenditure
Total
Expenditures
Percent
Funded
By DIF
Transportation Development DIF
Pine Avenue Connection 147,073 11%
Pine Avenue Connection - Chino Hills Reimbursement 17,905 15% Union Pacific Railroad Reimbursement 5,118 100%
Inland Empire Land Development Reimbursement 12,490 100% Kimball/El Prado/Central Traffic Improvements 140,233 100% State Route 60 Reimbursement 4,624,490 89%
Total Fund 220 4,947,309
Law Enforcement DIF
Traffic Officer Equipment 6,551 100%
CNT Transit Van 48,308 100%
Total Fund 231 54,859
Fire Protection DIF
Loan Repayment for Fire Stations #1 & #7 194,526 100%
Total Fund 232 194,526
General Facilities DIF
Accela Automation Upgrade 117,157 100%
Total Fund 233 117,157
Water DIF
Majestic Chino Gateway Reimbursement 614,351 100%
Total Fund 253 614,351
-
Storm Drain DIF
Magnolia Channel Reimbursement 1,559,124 100%
Chino Ave Storm Drain 83,168 82%
Magnolia Ave Storm Drain 35,836 100%
Total Fund 255 1,678,129
Bridges/Signals/Thoroughfares DIF - Preserve
State Route 60 Reimbursement 550,000 11%
Pine Avenue Improvements - Property Acquisition 1,800,000 100% Pine Avenue Improvements 243,914 100%
Total Fund 260 2,593,914
Storm Drain DIF - Preserve
Storm Drain Master Plan - Preserve 91,054 100%
Total Fund 263 91,054
Development Impact Fee Expenditure Summary - By Projects Fiscal Year 2021-22
Fin/Fiscal/Misc/DIF/Development Impact Fee Fund Analysis (21-22) Schedule A2, Page 3 of 3

8.8.a
Development Impact Fee Report for Fiscal Year 2021-22 Packet Pg. 150 Schedule B 8.8.b
Development Impact Fee Report for Fiscal Year 2021-22 Packet Pg. 151

FEE SCHEDULE

Printing Services Account No. Minimum Fee
Blueprints 100-1000-59000 $ 4.00
Standards & Specifications 100-1000-59000 $ 35.00
Plan Sheets (Mylar) 100-1000-59000 $ 5.87
Plan & Profile Sheets (Mylar) 100-1000-59000 $ 8.04
Title Block (Disk) 100-1000-59000 $ 15.00
Postage & Handling 100-1000-59000 TBD
Photo Copies (0-9) -- --
Photo Copies (10+) 100-1000-59010 $ 0.10
Research Services Account No. Minimum Fee
Research Fee 100-1000-59020 TBD
Sales Tax Account No. %
State/Local Tax 100-23230 7.75%
Plan Checking/Technical Report Review Account No. Minimum Fee Subdivision Map/Final Tract Map
PWK_MAP
100-7010-56440 $ 4,153.00
Subdivision Map/Final Parcel Map
PWK_MAP
100-7010-56440 $ 3,553.00
Rough Grading (0-10 acres)
PWK_LANDDEV
100-7010-56430 $ 2,312.00
Rough Grading (10+ acres)
PWK_LANDDEV
100-7010-56430 $ 2,312.00
Precise Grading (0-10 acres)
PWK_LANDDEV
100-7010-56430 $ 1,174.00
Precise Grading (10+ acres)
PWK_LANDDEV
100-7010-56430 $ 3,378.00
Hydrology Study (0-3 acres)
PWK_LANDDEV
100-7010-56430 $ 1,386.00
Hydrology Study (3+ acres)
PWK_LANDDEV
100-7010-56430 $ 1,386.00
Erosion Control Plan (0-5 acres)
PWK_LANDDEV
100-7010-56430 $ 294.00
Erosion Control Plan (5+ acres)
PWK_LANDDEV
100-7010-56430 $ 294.00
Preliminary Water Quality Management Plan
Review (0-5 acres)
PWK_LANDDEV
540-7370-54010 $ 1,568.00
Final Water Quality Management Plan Review (0-
5 acres)
PWK_LANDDEV
540-7370-54010 $ 1,568.00

GENERAL SERVICES

DEVELOPMENT ASSISTANCE
Per Page (including pages 1-9)
Case-by-Case Basis
No Charge
Per Sheet
Per Book
Per Sheet
Per Sheet
Per Disk
Charge
Charge
Charge
Charge
Fully Burdened Rate for Assigned Staff
Applies to Tangible Goods
Minimum Fee 0-5 Acres
Minimum Fee 0-5 Acres, Plus $166 for
each Add'l 5-Acres or Portion Thereof
Minimum Fee 0-5 Acres
Minimum Fee, Plus $70.00 per Lot
Minimum Fee, Plus $70.00 per Lot
Minimum Fee 0-10 Acres
Minimum Fee 0-10 Acres, Plus $664 for
each Additional 5-Acres
Minimum Fee First Acre, Plus $245 for
each Additional Acre or Portion Thereof up
to 10-Acres
Minimum Fee First 10-Acres, Plus $700 for
each Additional 5-Acres
Minimum Fee 0-3 Acres
Minimum Fee 0-3 Acres, Plus $487 per
Acre for Every Acre or Portion Thereof
Above 3-Acres
Minimum Fee First 5-Acres, Plus $519 for
each Add'l 5-Acres or Portion Thereof

8.8.b
Development Impact Fee Report for Fiscal Year 2021-22 Packet Pg. 152

Plan Checking/Technical Report Review Account No. Minimum Fee Geotechnical Report Review
PWK_LANDDEV
100-7010-56430 $ 1,548.00
Engineering Plan Check ($0.00- $25,000)
Based on Approved Engineer's Cost Estimate
PWK_LANDDEV
100-7010-56450 $ 1,991.00
Engineering Plan Check ($25,001-$75,000)
Based on approved Engineer's Cost Estimate
PWL_LANDDEV
100-7010-56450 $ 3,749.00
Engineering Plan Check ($75,001-$125,000)
Based on Approved Engineer's Cost Estimate
PWL_LANDDEV
100-7010-56450 $ 6,330.00
Engineering Plan Check ($125,001-$200,000)
Based on Approved Engineer's Cost Estimate
PWL_LANDDEV
100-7010-56450 $ 8,666.00
Engineering Plan Check ($200,001+)
Based on Approved Engineer's Cost Estimate
PWL_LANDDEV
100-7010-56450 $ 11,063.00
Revisions of Engineering Plans
PWK_LANDDEV
100-7010-56500 $ 777.00
Traffic Impact Analysis
PWK_LANDDEV
320-7100-56405 Actual Cost
Traffic Control Plan
PWK_LANDDEV
320-7120-56406 Actual Cost
Permits & Inspection Account No. Minimum Fee
Right-of-Way Encroachment Permit
PWK_ENCR
100-7010-56410 $ 185.00
Right-of-Way Encroachment Permit (Minor)
PWK_ENCR
100-7010-56410 $ 53.00
Right-of-Way Encroachment Permit
(Extension Request)
PWK_ENCR
100-7010-56410 $ 111.00
Detour/Lane Closure Permit
PWK_ENCR
100-7010-56490 $ 157.00
Inspection of Residential Driveway
PWK_ENCR
100-7010-56470 $ 245.00
Inspection of Commercial Driveway
PWK_ENCR
100-7010-56470 $ 424.00
Inspection of Sidewalk <150 SF
PWK_ENCR
100-7010-56470 $ 159.00
Inspection of Simple Permits/Traffic Control
PWK_ENCR
100-7010-56470 $ 49.00
Special Inspection
PWK_ENCR
1007010-56470 Actual Cost
Refundable Deposit Pavement Cut
PWK_ENCR
220-24250 $ 9.40
Refundable Deposit Curb Removal
PWK_ENCR
220-24250 $ 28.00
Refundable Deposit Sidewalk Removal
PWK_ENCR
220-24250 $ 4.30
Wide & Overweight Vehicle Permit
(single trip)
PWK_ENCR
100-7010-56460 $ 16.00
Wide & Overweight Vehicle Permit
(annual)
PWK_ENCR
100-7010-56460 $ 90.00
News Rack Permit
PWK_ENRC
100-7010-56515 $ 115.00
Public Improvement Inspection
PWK_ENCR
100-7010-56470 $ 599.00
Rough Grading Inspection (0-5 acres)
PWK_ENCR
100-7010-56470 $ 729.00
Rough Grading Inspection (5+ acres)
PWK_ENCR
100-7010-56470 $ 729.00
DEVELOPMENT ASSISTANCE (Continued)
Charge
Fully Burdened Rate for Assigned Staff
Minimum Fee, Plus 3.0% of the Amount
Greater than $25,000
Each Submittal
Minimum Fee, Plus 4.8% of the Estimated
Value of Construction
Charge
Each Permit
Minimum Fee 0-5 Acres, Plus $295 for
each Additional 5-Acres or Portion Thereof
Minimum Fee, Plus 2.5% of the Amount
Greater than $75,000
Minimum Fee, Plus 2.4% of the Amount
Greater than $125,000
Fully Burdened Rate for Assigned Staff
Fully Burdened Rate for Assigned Staff
Each Permit
Minimum Fee, Plus 1.3% of the Amount
Greater than $200,000
Minimum Fee 0-5 Acres
Each Permit
Each Permit
Each Permit
Each Permit
Each Permit
Minimum Fee per SF with Minimum Deposit
of $500
Each Permit
Each Permit, Additional costs may Apply for
Plan Check/Inspection of Excessive Loads
Per Permit/Publication (1x Fee)
Minimum Fee per LF with Minimum Deposit
of $500
Each Request
Minimum Fee per SF with Minimum Deposit
of $500
Flat Fee
Minimum Fee, Plus 7.7% of the Amount
Greater than $10,000

8.8.b
Development Impact Fee Report for Fiscal Year 2021-22 Packet Pg. 153

Permits & Inspection Account No. Minimum Fee
Precise Grading Inspection (0-10 acres)
PWK_ENCR
100-7010-56470 $ 797.00
Precise Grading Inspection (10+ acres)
PWK_ENCR
100-7010-56470 $ 1,934.00
Inspection of Utility Service Cut (<
or = 5' x 20')
PWK_ENCR
100-7010-56470 $ 198.00
Public Utility/Agency/Plan Check & Inspection
($0.00-$1,000)
PWK_ENCR
100-7010-56480 $ 385.00
Public Utility/Agency/Plan Check & Inspection
($1,001-$100,000)
PWK_ENCR
100-7010-56480 $ 385.00
Public Utility/Agency/Plan Check & Inspection
($100,001+)
PWK_ENCR
100-7010-56480 $ 6,012.00
Water Quality Management Plan Inspection
PWK_ENCR
5407370-54010 $ 104.00
Storm Water Inspection
PWK_ENCR
540-7370-54010 $ 85.00
After Hours Inspection PWK_ENCR Actual Cost
Small Wireless Facility Application
PWK_ENCR
1007010-56485 $ 555.00 Each Application
Sewer Annexation Application
PWK_ENCR
1007010-56486 $ 485.00 Each Application
Other Account No. Minimum Fee
Special Agreement to Assist Development -- Actual Cost
New Dedication of Right-of-Way
PWK_LANDDEV
1007010-56415 $ 2,100.00
$2,100
Deposit
(Fee
based
upon
actual
costs -
Applicant will be
refunded remaining
balance.)
Non-Refundable Deposits (Water)
PWK_LANDDEV
253-24210 --
Non-Refundable Deposits (Transportation)
PWK_LANDDEV
220-24270 --
Non-Refundable Deposits (Storm Drain)
PWK_LANDDEV
255-24270 --
Non-Refundable Deposits (Utilities)
PWK_LANDDEV
320-24290 --
Refundable Deposits Public
Improvements/Monumentation
PWK_LANDDEV
220-24250 --
Lot Line Adjustment
PWK_LANDDEV
100-7010-56260 $ 1,293.00
Deeds of Right-of-Way/Dedication/Vacation
PWK_LANDDEV
100-7010-56260 $ 918.00
Survey Monument Restoration
PWK_LANDDEV
100-7010-56260 $ 626.00
Infrastructure Reimbursement
PWK_LANDDEV
100-7010-56260 $ 2,138.00
Sewer Dye Test
PWK_LANDDEV
530-7320-53011 $ 89.00
Sewage Stoppage Investigation
PWK_LANDDEV
530-7320-53012 $ 41.00
Fire Hydrant Flow Test
PWK_LANDDEV
520-7300-52090 $ 218.00
Charge
Each Permit
Minimum Fee
Minimum Fee, Plus 3.3% of the
Construction Cost
Minimum Fee First 10-Acres, Plus $567 for
each Add'l 5-Acres
Cost per Investigation
Per Field Test
DEVELOPMENT ASSISTANCE (Continued)
Per Unit
Based on Engineer's Cost Estimate
Charge
Based on Engineer's Cost Estimate
Based on Engineer's Cost Estimate
Flat Fee
Flat Fee
Based on Engineer's Cost Estimate
Minimum Fee First Acre, Plus $126 for
each Add'l Acre or Portion Thereof up to 10-
Acres
Fully Burdened Rate for Assigned Staff
Minimum Fee, Plus 0.8% of the Cost Over
$100,000
Per Unit
Each Monument Base Fee, Plus Cost of
Licensed Surveyor
Base Fee

MISCELLANEOUS FEES
Fully Burdened Rate for Assigned Staff
Based on Engineer's Cost Estimate
Cost per Test

8.8.b
Development Impact Fee Report for Fiscal Year 2021-22 Packet Pg. 154

Additional Development Related Fees Account No. Minimum Fee Engineering & Plan Check
PWK_LANDDEV
100-7010-56420 $ 291.03
Expansion of Sewer Trunk Line
(CA Institution for Men) RD 2.0
PWK_LANDDEV
254-7005-56700 $ 160.21
Expansion of Sewer Trunk Line
(CA Institution for Men) RD 4.5
PWK_LANDDEV
254-7005-56700 $ 359.09
Expansion of Sewer Trunk Line
(CA Institution for Men) RD 8.0
PWK_LANDDEV
254-7005-56700 $ 599.40
Expansion of Sewer Trunk Line
(CA Institution for Men) RD 14.0
PWK_LANDDEV
254-7005-56700 $ 958.48
Expansion of Sewer Trunk Line
(CA Institution for Men) RD 20.0
PWK_LANDDEV
254-7005-56700 $ 1,836.86
Expansion of Sewer Trunk Line
(CA Institution for Men) Commercial/Industrial
PWK_LANDDEV
254-7005-56700 $ 828.66
Intersection Design
PWK_LANDDEV
100-7010-56510 $ 49.05
SCE Easement
PWK_LANDDEV
340-7005-56710 $ 203.38
Additional Development Related Fees Account No. Minimum Fee EBP Bicycle Paths
PWK_LANDDEV
220-7005-56690 $ 2,631.00
EBP Bus Shelter
PWK_LANDDEV
220-7005-56650 $ 852.00
EBP Entry Signage
PWK_LANDDEV
220-7005-56675 $ 866.00
EBP Recycled Water
PWK_LANDDEV
253-7005-56705 $ 2,166.00
EBP Traffic Signals
PWK_LANDDEV
220-7005-56660 $ 1,187.00
Domestic & Recycled - Sensus Meters Account No. Minimum Fee 3/4 SL iPERL (Domestic) 520-3100-52050 $ 696.78
1" iPERL (Domestic/Irrigation) 520-3100-52050 $ 765.16
1 1/2" OMNI R2 TR/PL CF (Domestic) 520-3100-52050 $ 1,180.99 1 1/2" OMNI T2 TR/PL CF (Domestic/Irrigation) 520-3100-52050 $ 1,342.73 1 1/2" OMNI T2 @ TR/PL CF
(Recycled/Irrigation) 520-3100-52050 $ 1,342.73
2" OMNI R2 TR/PL CF (Domestic) 520-3100-52050 $ 1,339.40 Residential Property, per Adjusted Gross
acre
Residential Property, per Adjusted Gross
acre
Residential Property, per Adjusted Gross
acre
Commercial/Industrial Property, per
Adjusted Gross Acre
All Property, per Adjusted Gross Acre

WATER METERS
(Additional fees apply if additional parts are required. Allow six weeks for delivery.)

EAST CHINO SPECIFIC PLAN AREA
Charge
All Property, per Adjusted Gross Acre
Residential Property, per Adjusted Gross
acre
Charge
Commercial/Industrial Property, per
Adjusted Gross Acre
Commercial/Industrial Property, per
Adjusted Gross Acre
Commercial/Industrial Property, per
Adjusted Gross Acre
Residential Property, per Dwelling Unit

EUCALYPTUS BUSINESS PARK
Charge
Commercial/Industrial Property, per
Adjusted Gross Acre
Commercial/Industrial Property, per
Adjusted Gross Acre
Per Meter
Per Meter
Per Meter
Per Meter
Per Meter
Per Meter
Residential Property, per Adjusted Gross
acre

8.8.b
Development Impact Fee Report for Fiscal Year 2021-22 Packet Pg. 155

Domestic & Recycled - Sensus Meters Account No. Minimum Fee 2" OMNI T2 TR/PL CF (Domestic/Irrigation) 520-3100-52050 $ 1,444.69 2" OMNI T2 TR/PL CF (Recycled/Irrigation) 520-3100-52050 $ 1,449.69 3" OMNI T2 TR/PL CF 520-3100-52050 $ 1,897.07
3" OMNI C2 TR/PL CF 520-3100-52050 $ 2,321.69
4" OMNI T2 TR/PL CF 520-3100-52050 $ 3,676.13
4" OMNI C2 TR/PL CF 520-3100-52050 $ 4,353.34
6" OMNI T2/PL CF 520-3100-52050 $ 5,518.85
6" OMNI C2 TR/PL CF 520-3100-52050 $ 7,197.67
Downsize or Upgrade (Sensus Meters) Account No. Minimum Fee 5/8" X 3/4" SLiPerl 520-3100-52050 $ 603.35
3/4" SLiPerl 520-3100-52050 $ 603.35
1" SLiPerl 520-3100-52050 $ 671.73
1 1/2" OMNI T2 TR/PL CF Turbo/Strainer 520-3100-52050 $ 1,391.96 2" OMNI T2 TR/PL CF Turbo/Strainer 520-3100-52050 $ 1,635.76 Pair - 1-1/2" to 1" 520-3100-52050 $ 162.70
Pair 2" to 1" 520-3100-52050 $ 166.60
Pair- 1-1/2" to 2" 520-3100-52050 $ 239.60
3/4" to 1" 520-3100-52050 $ 10.80
5/8" 3/4" to 1" 520-3100-52050 $ 28.00
5/8" 3/4" to 3/4" 520-3100-52050 $ 11.70
5/8" 3/4" to 1" short 520-3100-52050 $ 10.70
1 1/2" to 1 1/2" Threaded Female 520-3100-52050 $ 48.80 2" to 2" Threaded Female 520-3100-52050 $ 60.10

WATER METERS
(Additional fees apply if additional parts are required. Allow six weeks for delivery.) Charge
Charge
Per Meter
Per Adapter
Per Meter
Per Meter
Per Meter
Per Meter
Per Meter
Per Meter
Per Meter

WATER METERS
Additional fees apply if additional parts are required for all water meters. Allow six weeks for delivery.

Per Adapter
Note: A request to increase the meter size must be submitted to Public Works for review by City Water Section staff. A request to reduce the size of the existing meter may be processed by Public Works and or Finance staff. A site survey will be conducted to determine the appropriate meter size based on flow needs. The price quoted includes installation of meters 2" or smaller. The customer is responsible for providing adaptors for installation of a smaller or larger meter.

Per Meter
Per Meter
Per Meter
Per Meter
Per Meter
Per Adapter
Per Adapter
Per Adapter
Per Adapter
Per Adapter
Per Adapter
Per Adapter

8.8.b
Development Impact Fee Report for Fiscal Year 2021-22 Packet Pg. 156

Temporary Water Usage (Jumper) 520-3100-52050 $ 213.00
Authority to Charge Fees:
*Resolution No.2020-080 (User Fees)
*Ordinance 88-19 (ECSP Development Impact Fees)
*Ordinance 88-41 (Southern California Edison
Easement Development Fees) *Ordinance 98-14
(Eucalyptus Business Park Development Impact Fees)
Inland Empire
Utilities Agency
Connection Fee
Notice:

The Inland Empire
Utilities Agency
(IEUA) requires an
additional fee for all
new and/or upsized
water meter
connections. It is
your responsibility to
contact IEUA and
pay the water meter
connection fee to
avoid any possible
disruption in water
service. Your City
receipt will be
forwarded to IEUA
for their records.

Contact IEUA at
(909) 993-1645.
1" diameter water service connections for
potable domestic services are used during
the construction phase only and removed
upon issuance of Certificate of Occupancy

8.8.b
Development Impact Fee Report for Fiscal Year 2021-22 Packet Pg. 157

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Development Impact Fee Report for Fiscal Year 2021-22 Packet Pg. 162

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Development Impact Fee Report for Fiscal Year 2021-22 Packet Pg. 163

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Development Impact Fee Report for Fiscal Year 2021-22 Packet Pg. 165

8.8.b
Development Impact Fee Report for Fiscal Year 2021-22 Packet Pg. 166 Project 10/10/22 FY2022-23 PROPOSED 5-YEAR CAPITAL PROJECTS Actual CA NEW Addl CA Total Act Exp Return to FB Act CA New Addl CA Total FY FY FY FY Number Fund Project Description 2020-21 2021-22 2021-22 2021-22 2021-22 2021-22 2021-22 2022-23 2022-23 2022-23 2023-24 2024-25 2025-26 2026-27 ST061 Pine Avenue Connection to SR71 2,630,486.07 3,562,581.07 2,244,575.28 2,594,575.28 320 Fund 100 Transfer -General Fund 100,000.00 -100,000 0.00 0.00 0.00 0.00 320 Fund 220 Transfer-B/S/T Citywide(2) 817,922.23 -17,905 800,017.23 147,073.37 652,943.86 652,943.86 G7016 320 Fund 320-SAFETEA-LU-80%(1) 1,126,120.84 1,126,120.84 588,293.48 537,827.36 537,827.36 320 Fund 260 Transfer- B/S/T Preserve DIF(3)FY 237,000.00 237,000.00 0.00 237,000.00 237,000.00 328 Fund 328- Measure I Arterial -SBCTA Funding 349,443.00 1,050,000 1,399,443.00 582,638.94 816,804.06 816,804.06 322 Fund 322-Measure I (2) 350,000.00 350,000.00
R7061 COMPLETED Pine Avenue Connection Chino Hills Reimbursement 117,905.00 0.00 0.00 320 Fund 100 Transfer -General Fund 100,000 100,000.00 100,000.00 0.00 0.00 320 Fund 220 Transfer-B/S/T Citywide(2) 17,905 17,905.00 17,905.00 0.00 0.00 ST162 Street Rehabilitation Project-Pipeline & Ramona Avenues 1,834,210.53 2,975,852.53 1,773,097.56 1,773,097.56 320 Fund 100-Transfer-General Fund 1,834,210.53 -70,000 1,764,210.53 186,565.66 1,577,644.87 1,577,644.87 322 Fund 322-Measure I (2) 211,642 211,642.00 211,642.00 0.00 0.00 327 Fund 327 SB1- Road Maint Rehab Account(1) 1,000,000 1,000,000.00 804,547.31 195,452.69 195,452.69 ST182 Bicycle, Pedestrian & Transit Improvements 1,143,678.82 1,143,678.82 924,009.98 924,009.98 320 Fund 100-Transfer-General Fund(3) 106,306.05 106,306.05 0.00 106,306.05 106,306.05 G7802 321 Fund 321-TDA Article 3 Bicycle/Pedestrian Grant 31.8%-$353,081(1) 240,604.60 240,604.60 -31,068.20 271,672.80 271,672.80 G7803 321 Fund 321- TDA Article 3 Transit Improvement Grant-50% -$87,000(2) 59,567.18 59,567.18 870.00 58,697.18 58,697.18 322 Fund 322 - Measure I 332,890.00 332,890.00 0.00 332,890.00 332,890.00 Fund 327 Road Maint Rehab Account-Local Match-G7802-$757,020&G7803-$87,000-(1&2) 327 404,310.99 404,310.99 249,867.04 154,443.95 154,443.95 ST183 Street Rehabilitation Riverside Dr & Traffic Signal Modification 369,303.19 469,303.19 169,175.49 169,175.49 320 Fund 100 Transfer-General Fund(3) 348,458.15 348,458.15 179,282.66 169,175.49 169,175.49 322 Fund 322- Measure I(2) 0.00 0.00 0.00 0.00 0.00
327 Fund 327 SB1-Road Maint Rehab Account(1) 20,845.04 100,000 120,845.04 120,845.02 0.02 0.00 0.00 ST202 Chino/Ramona Intersection Accessibility Improvements 214,289.00 214,289.00 214,289.00 214,289.00 320 Fund 100 -General Fund Transfer 214,289.00 214,289.00 0.00 214,289.00 214,289.00 ST203 Pine Ave. Improvements 433,268.15 3,390,863.15 3,146,949.29 3,146,949.29 320 Fund 260-Transfer-B/S/T Preserve DIF 433,268.15 2,939,695.00 17,900 3,390,863.15 243,913.86 3,146,949.29 3,146,949.29 ST204 Pine Ave at SR71 Interchange Ramp Improvements 1,691,332.49 1,691,332.49 1,406,324.96 1,406,324.96 G7203 320 Caltrans Grant 1L370-SOP Project(1) 1,000,000.00 1,000,000.00 0.00 1,000,000.00 1,000,000.00 320 Fund 100-Transfer-General Fund (3) 1,187.50 1,187.50 0.00 1,187.50 1,187.50 328 Fund 328-Measure I Arterial Funding-SBCTA-Reimbursement (2) 690,144.99 690,144.99 285,007.53 405,137.46 405,137.46 ST221 FY21-22 Cul-de-sac Norton Project 260,000.00 245,417.00 245,417.00 327 Fund 327 SB1- Road Maint Rehab Account ` 260,000 260,000.00 14,583.00 245,417.00 245,417.00 ST222 Kimball/El Prado/Central Traffic Improvements 165,000.00 24,766.79 24,766.79 320 Fund 220 Transfer-B/S/T Citywide ` 165,000 165,000.00 140,233.21 24,766.79 24,766.79 ST223 Madison Street Gap Closure 200,000.00 169,242.50 169,242.50 320 Fund 100-General Fund Transfer 200,000 200,000.00 30,757.50 169,242.50 169,242.50 ST231 NEW Local Street Rehabilitation Project FY2023 1,500,000.00 327 Fund 327 SB1- Road Maint Rehab Account 1,500,000.00 1,500,000.00 ST232 NEW Kimball Ave Preserve Improvements 1,056,240.94 320 Fund 260-Preserve BST 1,056,240.94 1,056,240.94
ST233 NEW Yorba Ave Street Improvements-CVUSD 400,000.00 320 Developer Contribution-On Acct 400,000.00 400,000.00 TBD Local Street Rehabilitation Project FY2024
327 Fund 327 SB1- Road Maint Rehab Account 1,456,520
8,316,568.25 5,349,695 524,542 14,190,805.25 3,872,957 0 10,317,847.85 3,306,240.94 0.00 13,624,088.79 1,456,520 0 0 0 TR131 Traffic Signal Modifications- Riverside @ Ramona 276,808.00 276,808.00 263,566.00 263,566.00 320 Fund 100 -General Fund Transfer 0.00 0.00 0.00 0.00 0.00 320 Fund 220 Transfer-B/S/T Citywide 0.00 0.00 0.00 0.00 0.00 322 Fund 322-Measure I 276,808.00 276,808.00 13,242.00 263,566.00 263,566.00 TR151 Edison Ave Traffic Signal Modifications & Interconnect/Communications- Edison Ave @ Ramona, Yorba, & Monte Vista Avenues 312,916.16 312,916.16 240,918.91 240,918.91 G7023 326 Fund 326-HSIP6-08-005 Grant(1)88.2% 71,885.25 71,885.25 0.00 71,885.25 71,885.25 322 Fund 322-Measure I (2)11.8% 22,265.50 22,265.50 22,265.00 0.50 0.00 0.00 320 Fund 100 - General Fund Transfer(3) 218,765.41 218,765.41 49,731.75 169,033.66 169,033.66 5 Year Capital Improvement Program
Transportation Group
Street Category
Street Category Totals
Traffic Category
11/2/2022
Schedule C 8.8.c
Development Impact Fee Report for Fiscal Year 2021-22 Packet Pg. 167 Project 10/10/22 FY2022-23 PROPOSED 5-YEAR CAPITAL PROJECTS Actual CA NEW Addl CA Total Act Exp Return to FB Act CA New Addl CA Total FY FY FY FY Number Fund Project Description 2020-21 2021-22 2021-22 2021-22 2021-22 2021-22 2021-22 2022-23 2022-23 2022-23 2023-24 2024-25 2025-26 2026-27 5 Year Capital Improvement Program
TR152 TSM Telephone @ Philadelphia 142,447.00 142,447.00 140,465.67 140,465.67 320 Fund 100 -General Fund Transfer 0.00 0.00 0.00 0.00 0.00 322 Fund 322-Measure I 142,447.00 142,447.00 1,981.33 140,465.67 140,465.67 TR162 COMPLETE CCTV Camera Installation 69,429.66 69,429.66 0.00 0.00 322 Fund 322-Measure I(1) 59,603.66 59,603.66 59,603.66 0.00 0.00 320 Fund 100-General Fund Transfer(2) 9,826.00 9,826.00 9,769.98 56.02 0.00 0.00 TR171 TSM- Grand Spectrum/East & West Paving-Pipeline/Roswell 2,063,551.31 2,063,551.31 885,230.13 885,230.13 322 Fund 322-Measure I(1) 863,962.74 863,962.74 863,962.00 0.74 0.00 0.00 320 Fund 100 - General Fund Transfer(2) 1,199,588.57 1,199,588.57 314,358.44 885,230.13 885,230.13 TR172 TSM-Ramona Avenue/Schaefer Avenue 114,957.29 184,957.29 17,364.15 17,364.15 322 Fund 322-Measure I(1) 98,967.29 98,967.29 81,603.14 17,364.15 17,364.15 320 Fund 100-General Fund Transfer(2) 15,990.00 70,000 85,990.00 75,261.84 10,728.16 0.00 0.00 TR181 COMPLETE Traffic Signal Battery Backup Installation & Svc Upgrades 118,939.46 118,939.46 0.00 0.00 320 Fund 100 -General Fund Transfer(2) 0.00 0.00 0.00 0.00 322 Fund 322-Measure I(1) 118,939.46 118,939.46 17,590.00 101,349.46 0.00 0.00 TR182 COMPLETE CCTV Camera Installation Phase 2 98,933.34 98,933.34 0.00 0.00 322 Fund 322-Measure I(1) 89,107.34 89,107.34 89,107.34 0.00 0.00 320 Fund 100-General Fund Transfer(2) 9,826.00 9,826.00 9,826.00 0.00 0.00 TR202 CANCELLED Traffic Signal Modification Project - Pipeline at Schaefer 396,979.00 26,979.00 0.00 0.00 322 Fund 322-Measure I 396,979.00 -370,000 26,979.00 0.00 26,979.00 0.00 0.00 TR203 CANCELLED Traffic Signal Modification- Roswell and Schaefer Ave 128,405.00 128,405.00 0.00 0.00 322 Fund 322- Measure I 128,405.00 128,405.00 0.00 128,405.00 0.00 0.00 TR204 CANCELLED West Preserve Loop at Parkside St-Intersection Imp 165,322.00 24,040.00 0.00 0.00 322 Fund 322 - Measure I 165,322.00 -141,282 24,040.00 5,720.00 18,320.00 0.00 0.00 TR211
10,000.00 10,000.00 7,592.67 7,592.67
322 Fund 322 - Measure I 10,000.00 10,000.00 2,407.33 7,592.67 7,592.67 TR212 Traffic Signal Install - Monte Vista and Walnut 5,000.00 50,000.00 50,000.00 100,000.00 322 Fund 322 - Measure I 5,000.00 45,000 50,000.00 0.00 50,000.00 50,000.00 320 Fund 100-General Fund Transfer 50,000.00 50,000.00
TR213 Traffic Signal Install - Merrill and Hellman-Reimbursement 390,000.00 390,000.00 390,000.00 320 Fund 260- BST Preserve 390,000 390,000.00 0.00 390,000.00 390,000.00 TR214 Traffic Signal Upgrades - Philadelphia/Town Square 105,360.00 35,000.00 33,444.66 33,444.66 322 Fund 322 - Measure I 105,360.00 -70,360 35,000.00 1,555.34 33,444.66 33,444.66 TR220 Traffic Signal Mod. Project - San Antonio Ave at Walnut , Philadelphia St at Monte Vista Ave 46,000.00 46,000.00 46,000.00
322 Fund 322-Measure I 46,000 46,000.00 0.00 46,000.00 46,000.00 TR221 CCTV Camera Installation Phase 3 220,000.00 220,000.00 220,000.00 322 Fund 322-Measure I 220,000 220,000.00 0.00 220,000.00 220,000.00 TBD Traffic Signal Mod. - Central Ave/Eucalyptus Ave.
322 Fund 322- Measure I 300,000
TBD CCTV Camera Installation Phase 4
322 Fund 322-Measure I 225,000
4,009,048.22 701,000 -511,642 4,198,406.22 1,617,985 285,839 2,294,582.19 0.00 50,000.00 2,344,582.19 525,000 0 0 0 12,325,616.47 6,050,695 12,900 18,389,211.47 5,490,943 285,839 12,612,430.04 3,306,240.94 50,000.00 15,968,670.98 1,981,520 0 0 0 WA161 Water Main Replacement - Lincoln Ave-Third to Telephone, Washington AveThird to Telephone, Lincoln Ave-Russell to Third, Lincoln Ave-Telephone to Seventh, Telephone Ave-Riverside to Walnut, Monte Vista Ave- Riverside to Walnut
582,979.59 293,335.78 162,199.38
520 Fund 520-Water Fund 582,979.59 -289,644 293,335.78 131,136.40 162,199.38 WA162 COMPLETE Water Main Rehab Project- Victoria St- Ramona to Santa Ana, Ramona AveWalnut to Victoria, Santa Ana Pl- Victoria to 250ft Northerly 0.00 0.00 0.00 520 Fund 520-Water Fund 0.00 0.00 0.00
Traffic Category Totals
Transportation Group Totals
Enterprise Group
Water Category
Traffic Signal Modification Project - Riverside Dr at Magnolia and Riverside Dr at Mountain Ave
11/2/2022

8.8.c
Development Impact Fee Report for Fiscal Year 2021-22 Packet Pg. 168 Project 10/10/22 FY2022-23 PROPOSED 5-YEAR CAPITAL PROJECTS Actual CA NEW Addl CA Total Act Exp Return to FB Act CA New Addl CA Total FY FY FY FY Number Fund Project Description 2020-21 2021-22 2021-22 2021-22 2021-22 2021-22 2021-22 2022-23 2022-23 2022-23 2023-24 2024-25 2025-26 2026-27 5 Year Capital Improvement Program
WA172 Central Ave Water Line Replacement- Chino to Schaefer 1,696,919.60 546,919.60 115,554.08 115,554.08 520 Fund 520-Water Fund 1,696,919.60 -1,150,000 546,919.60 431,365.52 115,554.08 115,554.08 Quadrant I 1,052,108.37 2,127,108.37 2,109,769.87 2,109,769.87 WA17A COMPLETE 520 WLR Quadrant 1.1 Various Projects 0.00 0.00 0.00 0.00 0.00 WA17B 520 WLR- Quadrant 1.2 Various Projects 1,052,108.37 1,075,000 2,127,108.37 17,338.50 0.00 2,109,769.87 2,109,769.87 Quadrant III 380,511.75 380,511.75 281,387.42 281,387.42 WA19A COMPLETE 520 WLR- Quadrant 3.1 Various Projects 0.00 0.00 0.00 0.00 0.00 WA19B 520 WLR- Quadrant 3.2 Various Projects 380,511.75 380,511.75 99,124.33 281,387.42 281,387.42 WA18A COMPLETE St. Route 60/ 3 Bridge Crossings 38,873.72 38,873.72 33,619.75 33,619.75 520 Fund 520- Water Fund 0.00 0.00 0.00 0.00 0.00
520 Cal Trans Reimbursement-520- Water Fund 0.00 0.00 0.00 0.00 0.00 530 Cal Trans Reimbursement -530-Sewer Fund 38,873.72 38,873.72 5,253.97 33,619.75 33,619.75 Carry Over Balance of this project to R2071/R2072/R2073 0.00 0.00 0.00 0.00 0.00 WA19C Eastside Water Treatment Facility Expansion & Brine Pipeline 11,104,934.02 17,739,934.02 5,161,667.33 5,161,667.33 520 Fund 520- Water Fund 6,862,438.00 5,885,000 12,747,438.00 12,578,266.69 169,171.31 169,171.31 520 Fund 253 Citywide DIF Transfer- Water Fund 694,298.00 614,351 -614,351 694,298.00 0.00 694,298.00 694,298.00 520 Fund 261 Preserve DIF Transfer- Water Fund 3,548,198.02 3,548,198.02 0.00 3,548,198.02 3,548,198.02 520 Fund 520- Water Fund - Use Fund 253 when available 0.00 0.00 0.00 0.00 4,411,667 325 Fund 325- SCAQMD Fund 750,000 750,000.00 0.00 750,000.00 750,000.00 WA211 Well 11 Pipeline Project 4,280,085.80 4,280,085.80 3,035,209.86 3,035,209.86 520 Fund 520-Water Fund 4,280,085.80 4,280,085.80 1,244,875.94 3,035,209.86 3,035,209.86 WA212 State Street Water Treatment Project 2,613,920.53 5,066,537.53 3,685,206.60 18,252,174.60 G7211 520 Federal Grant -Water SMART BOR-DO-20-F002 750,000.00 750,000.00 0.00 750,000.00 750,000.00 520 Fund 520-Water Fund 1,863,920.53 2,452,617 4,316,537.53 1,381,330.93 2,935,206.60 14,566,968.00 17,502,174.60 WA213 Benson Reservoir Improvement Project 693,560.00 1,793,560.00 1,793,560.00 4,419,560.00 520 Fund 520- Water Fund 693,560.00 1,100,000 1,793,560.00 0.00 1,793,560.00 2,626,000.00 4,419,560.00 WA214 Well 17 Equipping Project 481,328.28 4,131,328.28 3,821,216.50 3,821,216.50 520 Fund 520-Water Fund 481,328.28 4,000,000 -350,000 4,131,328.28 310,111.78 3,821,216.50 0.00 3,821,216.50 1,660,000 WA221 Water Main Line Replacement- Central Ave- Chino to C St 300,000.00 242,758.87 1,542,758.87 520 Fund 520-Water Fund 300,000 300,000.00 57,241.13 242,758.87 1,300,000.00 1,542,758.87 WA222 Water Main Line Replacement - Dupont Ave 800,000.00 743,738.87 743,738.87 520 Fund 520-Water Fund 800,000 800,000.00 56,261.13 743,738.87 743,738.87 2,400,000 WA223 Water Main Line Replacement- Russell Ave 125,000.00 123,320.00 623,320.00 520 Fund 520-Water Fund 125,000 125,000.00 1,680.00 123,320.00 500,000.00 623,320.00 WA224 Water Main Replacement - B St Alley 425,000.00 423,320.00 1,698,320.00 520 Fund 520- Water Fund 425,000 425,000.00 1,680.00 423,320.00 1,275,000.00 1,698,320.00 WA225 Ayala Park Recycled Water 115,643.00 107,393.87 107,393.87 520 Fund 520- Water Fund 115,643 115,643.00 8,249.13 107,393.87 107,393.87 WA231 NEW Well 4 & 6 Treatment Plant Project- Study 1,260.00 0.00 2,000,000.00 520 Fund 520- Water Fund 1,260 1,260.00 1,260.00 0.00 2,000,000.00 2,000,000.00 4,901,500 WA232 NEW Eastside Reservoir Project 140.00 0.00 2,151,000.00 520 Fund 520- Water Fund 140 140.00 140.00 0.00 2,151,000.00 2,151,000.00 2,140,000 WA233 NEW Well 20 Bon View/Schaefer Project 500,000.00
520 Fund 520- Water Fund 500,000.00 500,000.00 5,000,000 WA234 NEW Well 16 Upgrade Project 250,000.00
520 Fund 520- Water Fund 250,000.00 250,000.00
22,925,221.66 14,150,350 1,089,666 38,165,237.85 16,325,315.45 0.00 21,839,922.40 25,168,968.00 0.00 46,846,691.02 10,611,667 5,000,000 0 4,901,500 SW200 Sewer Reline FY2019-20 Various Locations 0.00 24,000.00 24,000.00 24,000.00 530 Fund 530-Sewer Fund 0.00 24,000 24,000.00 0.00 24,000.00 24,000.00 SW201 Preserve Lift Station Expansion & Improvement Project- DEV.REIMBURSEMENT 402,776.00 402,776.00 402,776.00 960,000.00 530 Fund 262 Transfer- Preserve Sewer DIF Fund 402,776.00 402,776.00 0.00 402,776.00 0.00 402,776.00 530 Fund 530 Sewer Fund 557,224.00 557,224.00
Water Category Totals
Sewer Category
11/2/2022

8.8.c
Development Impact Fee Report for Fiscal Year 2021-22 Packet Pg. 169 Project 10/10/22 FY2022-23 PROPOSED 5-YEAR CAPITAL PROJECTS Actual CA NEW Addl CA Total Act Exp Return to FB Act CA New Addl CA Total FY FY FY FY Number Fund Project Description 2020-21 2021-22 2021-22 2021-22 2021-22 2021-22 2021-22 2022-23 2022-23 2022-23 2023-24 2024-25 2025-26 2026-27 5 Year Capital Improvement Program
SW211 Yorba Sewer Main Replacement Project-Schaefer to Eucalyptus 2,297,953.00 5,117,274.00 4,904,624.50 4,904,624.50 530 Fund 530-Sewer Fund 2,297,953.00 2,819,321 5,117,274.00 212,649.50 4,904,624.50 4,904,624.50 SW212 Central Ave Sewer Reline Project- 499,058.00 499,058.00 246,615.50 246,615.50 530 Fund 530-Sewer Fund 499,058.00 499,058.00 252,442.50 246,615.50 246,615.50 SW213 Sewer Reline Project FY20-21 235,680.15 61,559.15 5,000.90 5,000.90 530 Fund 530-Sewer Fund 235,680.15 -174,121 61,559.15 56,558.25 5,000.90 5,000.90 SW220 Sewer Reline FY2021-22 Schaefer Ave (Central to Monte Vista), 12th St (Edison to Schaefer) 1,674,121.00 1,673,338.00 1,673,338.00
530 Fund 530- Sewer Fund 1,500,000 174,121 1,674,121.00 783.00 1,673,338.00 1,673,338.00 SW231 NEW Sewer Rehab FY2023 6th Street Alley (B to C), Santa Ana Pl (Riverside to Park) Holly Ave- Walnut to the North 950,000.00
530 Fund 530- Sewer Fund 950,000.00 950,000.00
TBD Sewer Rehab FY2023-24 Walnut Ave-Benson to Oaks, Walnut Ave- Oaks to Magnolia
Funding TBD from Sewer Fund and or DIF 1,038,125
TBD Sewer Rehab FY2024-25- Grand Ave-Pipeline to Roswell, Roswell Ave-Grand Ave to Schaefer
Funding TBD from Sewer Fund and or DIF 1,543,125 1,543,125 3,435,467.15 4,343,321 0 7,778,788.15 522,433.25 0.00 7,256,354.90 1,507,224.00 0.00 8,763,578.90 0 1,038,125 1,543,125 1,543,125 SD121 COMPLETE Magnolia Ave Storm Drain Project-Salem & Carissa 134,153.68 134,153.68 0.00 540 Fund 540- Storm Drain 0.00 0.00 0.00
540 Fund 255 Transfer-Storm Drain DIF Fund 134,153.68 134,153.68 35,836.41 98,317.27 0.00 SD151 COMPLETE Chino Ave Storm Drain Project-Oaks to Benson 107,547.66 107,547.66 0.00 540 Fund 255 Transfer-Storm Drain DIF(1) 84,313.23 84,313.23 83,168.44 1,144.79 0.00 320 Fund 100-Transfer-General Fund(2) 23,234.43 23,234.43 17,848.00 5,386.43 0.00 SD153 3 System Storm Drain Proj-Ross, Walnut & Magnolia Avenues 1,786,196.50 2,357,196.50 540,506.93 540,506.93 540 Fund 540-Storm Drain Fund 1,786,196.50 50,000 1,836,196.50 1,299,452.20 536,744.30 536,744.30 520 Fund 520-Water Fund 521,000 521,000.00 517,237.37 3,762.63 3,762.63 SD200 Benson Ave Storm Drain - Philadelphia to 1600 feet North 667,413.13 2,207,413.13 981,946.67 981,946.67 540 Fund 540- Storm Drain Fund 667,413.13 900,000 640,000 2,207,413.13 1,225,466.46 981,946.67 981,946.67 SD211 Storm Drain Project -11th St. - Chino to Riverside Dr. 118,549.63 118,549.63 70,426.57 70,426.57 540 Fund 540-Storm Drain 118,549.63 118,549.63 48,123.06 70,426.57 70,426.57 SD221 East End Storm Drain- East End north of Esperanza 100,000.00 100,000.00 100,000.00 540 Fund 540-Storm Drain 100,000 100,000.00 0.00 100,000.00 100,000.00 SD222 Storm Drain Rehab FY2021-22-Philadelphia/Monte Vista to Marshall Elementary 2,100,000.00 1,943,767.32 1,943,767.32 540 Fund 540-Storm Drain 2,100,000 2,100,000.00 156,232.68 1,943,767.32 1,943,767.32 SD223 Storm Drain Rehab FY2021-22-Mountain Avenue at Chino Avenue 2,100,000.00 2,081,978.00 2,081,978.00 540 Fund 540-Storm Drain 2,100,000 2,100,000.00 18,022.00 2,081,978.00 2,081,978.00 SD231 NEW Catch Basin Trash Capture Retrofit 100,000.00 540 Fund 540-Storm Drain 100,000.00 100,000.00
TBD Storm Drain Rehab FY2023-24 -Riverside Dr./Benson to Oaks 540 Fund 540-Storm Drain 2,150,000
TBD Storm Drain Rehab FY2024-25-Francis Ave./Norton to Monte Vista 540 Fund 540-Storm Drain 2,200,000
2,813,860.60 5,200,000 1,211,000 9,224,860.60 3,401,386.62 104,848.49 5,718,625.49 100,000.00 0.00 5,818,625.49 2,150,000 2,200,000 0 0 SN161 Alley/Sewer/Water Rehab Project -Design-B St Alley 282,565.49 285,566.16 80,296.67 80,296.67 550 Waste Management CIP Contribution-Fund 550-Sanitation Fund(1) 84,427.89 3,001 87,428.56 87,428.56 0.00 0.00 520 Fund 520-Water Fund(2) 198,137.60 198,137.60 117,840.93 80,296.67 80,296.67 SN211 Alley/Sanitation Rehab FY2020-21-13th to 14th 1,830,021.66 2,838,021.66 1,333,625.55 1,333,625.55 550 Waste Mgmt. CIP Contribution Reserve- Fund 550-Sanitation Fund(1) 420,021.66 638,000 1,058,021.66 1,058,021.66 0.00 0.00 550 Fund 550-Sanitation Fund(2) 1,410,000.00 1,410,000.00 420,201.33 989,798.67 989,798.67 322 Fund 322-Measure I 370,000 370,000.00 26,173.12 343,826.88 343,826.88 Sewer Category Totals
Storm Drain Category
Storm Drain Category Totals
Sanitation Category
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8.8.c
Development Impact Fee Report for Fiscal Year 2021-22 Packet Pg. 170 Project 10/10/22 FY2022-23 PROPOSED 5-YEAR CAPITAL PROJECTS Actual CA NEW Addl CA Total Act Exp Return to FB Act CA New Addl CA Total FY FY FY FY Number Fund Project Description 2020-21 2021-22 2021-22 2021-22 2021-22 2021-22 2021-22 2022-23 2022-23 2022-23 2023-24 2024-25 2025-26 2026-27 5 Year Capital Improvement Program
SN221 Alley/Sanitation Rehab FY2021-22-VARIOUS 800,000.00 730,192.84 730,192.84 550 Fund 550-Sanitation Fund 800,000 800,000.00 69,807.16 730,192.84 730,192.84 SN231 NEW Alley/Sanitation Rehab FY2022-23-12th St/Edison to Schaefer 800,000.00 550 Fund 550-Sanitation Fund 800,000.00 800,000.00
TBD Alley/Sanitation Rehab FY2023-24
550 Fund 550-Sanitation Fund 800,000
2,112,587.15 800,000 1,011,001 3,923,587.82 1,779,472.76 0.00 2,144,115.06 800,000.00 0.00 2,944,115.06 0 800,000 0 0 31,287,136.56 24,493,671 3,311,667 59,092,474.42 22,028,608 104,848 36,959,017.85 27,576,192 0 64,373,010.47 12,761,667 9,038,125 1,543,125 6,444,625 MS171 SCADA Replacement Project 44,348.74 44,348.74 0.00 0.00 COMPLETE 520 Fund 520- Water Fund 44,348.74 44,348.74 5,938.10 38,410.64 0.00 0.00 MS202 Sidewalk/Crossing Access Improvements 250,458.00 425,458.00 405,096.98 405,096.98 322 Fund 322 Measure I 244,618.00 244,618.00 20,361.02 224,256.98 224,256.98 320 Fund 100- Transfer- General Fund 5,840.00 175,000 180,840.00 0.00 180,840.00 180,840.00 MS204 Executime Project 23,193.75 23,193.75 3,893.75 3,893.75 Completed 610 Fund 610- Central Services Fund 23,193.75 23,193.75 19,300.00 3,893.75 3,893.75 G4904 130 Fund 130- COPS Program 0.00 0.00 0.00 0.00 0.00 MS212 Pavement Management System Software Project 200,000.00 200,000.00 95,136.90 95,136.90 327 Fund 327 - RMRA 200,000.00 200,000.00 104,863.10 95,136.90 95,136.90 MS232 NEW Chino Spectrum Traffic Study 150,000.00
322 Fund 322- Measure I 150,000.00 150,000.00
MS233 NEW Citywide Telecommunications Master Plan 50,000.00 322 PARK 50,000.00 50,000.00
MS234 NEW SR71/SR240 VIADUCT 200,000.00
328 Fund 328 - Measure I Arterial Subprogram 200,000.00 200,000.00 MS235 NEW Share Paths Entrances at the Preserve 50,000.00 100 General Fund with a Fund 260 -BST Preserve Transfer 50,000.00 50,000.00 G6220 CDBG Alley Project-East-West North Chino Ave 374,824.54 323,251.54 323,251.54 350 Fund 350-Comm Dev Block Grant(1) 374,825 374,824.54 51,573.00 323,251.54 323,251.54 518,000.49 374,825 175,000 1,067,825.03 202,035.22 38,410.64 827,379.17 450,000.00 0.00 1,277,379.17 0 0 0 0 PK181 Ayala Park Improvements Project-Phase 1 125,000.00 127,539.90 49,608.27 144,358.27 340 Fund 340-Park Fund 120,000.00 2,539.90 122,539.90 73,931.63 48,608.27 94,750.00 143,358.27 610 Fund 610- Central Services Fund 5,000.00 5,000.00 4,000.00 1,000.00 1,000.00 PK183 Monte Vista Pk Imp-Restroom/Shade Structure/DEMO-377,950/ROW-Exp-160,450 437,388.93 612,388.93 560,162.31 560,162.31 G7800 340 St of Ca Housing Related Grant(1) 0.00 0.00 0.00 0.00 0.00 340 Fund 340-Park Fund(3) 0.00 0.00 0.00 0.00 0.00
340 Fund 240 Transfer-Park DIF(2) 0.00 0.00 0.00 0.00 0.00 340 Fund 100 Transfer-General Fund(5) 164,798.55 175,000 339,798.55 0.00 339,798.55 339,798.55 2,405,000.00 350 St of Ca Housing Related Grant(1) 260,790.38 260,790.38 49,726.62 211,063.76 211,063.76 610 Fund 610- Central Services Fund 11,800.00 11,800.00 2,500.00 9,300.00 9,300.00 PK200 Chino Rancho Park Development 2,824,176.12 2,824,176.12 2,744,522.47 2,744,522.47 G8201 340 Prop 68 Grant Funds-Round 3 2,824,176.12 -10,000 2,814,176.12 79,653.65 2,734,522.47 2,734,522.47 G8204 340 2021 CPRS Grant - Rancho Park 10,000 10,000.00 0.00 10,000.00 10,000.00 MS213 COMPLETE Monte Vista Property Purchase 14,639.45 14,639.45 0.00 0.00 340 Fund 340- Park Fund 14,639.45 14,639.45 0.00 14,639.45 0.00 0.00 PK221 COMPLETE Ayala Park -N. Parking Lot/Pavilion Accessibility Improvements 1,724,738.08 93,998.97 93,998.97 340 Fund 100- General Fund Transfer 1,594,100 130,638 1,724,738.08 1,630,739.11 93,998.97 93,998.97 PK222 Ayala Park -Multi-Use Trail Accessibility Improvements 511,000.00 511,000.00 511,000.00 340 Fund 100- General Fund Transfer 511,000 511,000.00 0.00 511,000.00 511,000.00 PK223 Walnut Park Playground Improvements-Surface/Shade/Equip 291,854.00 286,587.87 286,587.87 G8223 340 The Natural Resource Agency Dept Grant 232,854 232,854.00 0.00 232,854.00 232,854.00 340 Fund 100- General Fund Transfer 59,000 59,000.00 5,266.13 53,733.87 53,733.87 PK231 NEW Ayala Park Improvements-Softball Fields 1-4 2,521,000.00 Special Revenue Group
Miscellaneous Category
Miscellaneous Category Totals
Parks Category
Enterprise Group Totals
Sanitation Category Total
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8.8.c
Development Impact Fee Report for Fiscal Year 2021-22 Packet Pg. 171 Project 10/10/22 FY2022-23 PROPOSED 5-YEAR CAPITAL PROJECTS Actual CA NEW Addl CA Total Act Exp Return to FB Act CA New Addl CA Total FY FY FY FY Number Fund Project Description 2020-21 2021-22 2021-22 2021-22 2021-22 2021-22 2021-22 2022-23 2022-23 2022-23 2023-24 2024-25 2025-26 2026-27 5 Year Capital Improvement Program
340 Fund 100- General Fund Transfer 500,000.00 500,000.00 340 Fund 340-Park Fund 2,021,000.00 2,021,000.00
PK232 NEW Liberty Park Playground Improvements 834,750.00 340 Fund 100- General Fund Transfer 834,750.00 834,750.00 PK233 Carolyn Owens Comm Center Playground Project
340 Fund 100- General Fund Transfer 240,101
PK234 NEW Carolyn Owens Comm Center Demonstration Garden- 320,129.00 340 Fund 520- Water Fund 320,129.00 320,129.00
PK235 NEW Ayala Park Improvements-APOC 1,110,000.00
340 Fund 100- General Fund Transfer 1,110,000.00 1,110,000.00 PK236 NEW Ayala Park Improvements-Path of Travel Accessibility 911,000.00 340 Fund 100- General Fund Transfer 911,000.00 911,000.00 TBD 340 Villa Park Playground Improvements
Fund 100- General Fund Transfer 1,500,000
TBD Heritage Park Improvements
340 Fund 100- General Fund Transfer 1,500,000
TBD McLeod Park Playground Improvements
340 Fund 100- General Fund Transfer 700,000
3,401,204.50 2,581,954 123,178 6,106,336.48 1,845,817.14 14,639.45 4,245,879.89 5,696,879.00 94,750.00 10,037,508.89 4,145,101 1,500,000 700,000 0 PF192 COMPLETE Senior Center Improvements Project Phase I (Interior) 74,345.56 74,345.56 25,192.77 650 Fund 650-Building Management Fund 74,345.56 74,345.56 49,152.79 25,192.77 PF200 Civic Center Accessibility Improvements 536,295.28 661,295.28 660,980.28 660,980.28 650 Fund 650 - Building Management Fund 536,295.28 125,000 661,295.28 315.00 660,980.28 660,980.28 1,000,000 506,000 PF210 Sep PF200 City Hall Interior Accessibility Improvements 542,808.00 1,542,808.00 1,505,861.73 1,505,861.73 650 Fund 650 - Building Management Fund 542,808.00 542,808.00 36,946.27 505,861.73 505,861.73 650 Fund 100 General Fund Transfer 1,000,000 1,000,000.00 0.00 1,000,000.00 0.00 1,000,000.00 300,000 PF201 Old School House Museum- Historical Society Contribution 530,293.52 1,050,293.52 1,004,341.69 1,004,341.69 650 Fund 650- Building Management Fund 247,667.87 520,000 767,667.87 0.00 767,667.87 767,667.87 650 Fund 650- Building Management Fund-Parking Lot 58,000.00 58,000.00 0.00 58,000.00 58,000.00 350 Fund 350-CDBG Fund 224,625.65 224,625.65 45,951.83 178,673.82 178,673.82 PF202 COMPLETE Monte Vista Park Rec Center and Park Exp 11,800.00 8,511,800.00 0.00 340 Fund 340 Park Fund 11,800.00 11,800.00 945.12 10,854.88 0.00 G8954 650 Grant Funds 0.00 8,500,000 8,500,000.00 0.00 8,500,000.00 0.00 TBD 350 CDBG Section 108 Loan 2,800,000
PF203 SC/Library Exterior Accessibility Improvements 870,208.67 1,970,208.67 1,969,938.67 1,969,938.67 650 Fund 100 - General Fund Transfer 870,208.67 1,100,000 1,970,208.67 270.00 1,969,938.67 1,969,938.67 1,100,000 650 Grant Funding for Landscape 0.00 0.00 0.00 0.00
PF220 City Hall Administration Remodel 474,950.00 474,950.00 474,950.00 650 Fund 100 - General Fund Transfer 474,950 474,950.00 0.00 474,950.00 474,950.00 PF231 Fire Station #61 Project-Demo & Landscape
650 Demo-1,371,600/Landscape-913,953 Fund 100 - General Fund Transfer 1,821,553 650 Fund 240 - Commercial/Industrial Park Fund Transfer 464,000 PF232 NEW PW Svc Center Modular Building 1,550,900.00
650 Fund 650- Water Fund 520 Transfer 1,550,900.00 1,550,900.00 TBD 7th Street Theater Roof Replacement
650 Fund 650 - Building Management Fund 400,000
TBD Community Building Improvements- Exterior
650 Fund 650 - Building Management Fund 800,000
TBD Community Building Improvements- Interior
650 Fund 650 - Building Management Fund 1,200,000
2,565,751.03 11,245,000 474,950 14,285,701.03 133,581.01 8,510,854.88 5,641,265.14 1,550,900.00 0.00 7,166,972.37 7,585,553 1,606,000 1,200,000 0 6,484,956.02 14,201,779 773,128 21,459,862.54 2,181,433 8,563,904.97 10,714,524.20 7,697,779 94,750 18,481,860.43 11,730,654 3,106,000 1,900,000 0 50,097,709.05 44,746,145 4,097,695 98,941,548.43 29,700,984 8,954,592 60,285,972 38,580,212 144,750 98,823,542 26,473,841 12,144,125 3,443,125 6,444,625 Parks Category Totals
Public Facilities Category
Public Facilities Category Totals
Special Revenue Group Totals
Grand Total All Groups
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8.8.c
Development Impact Fee Report for Fiscal Year 2021-22 Packet Pg. 172 Project 10/10/22 FY2022-23 PROPOSED 5-YEAR CAPITAL PROJECTS Actual CA NEW Addl CA Total Act Exp Return to FB Act CA New Addl CA Total FY FY FY FY Number Fund Project Description 2020-21 2021-22 2021-22 2021-22 2021-22 2021-22 2021-22 2022-23 2022-23 2022-23 2023-24 2024-25 2025-26 2026-27 5 Year Capital Improvement Program
ST163 Edison Ave. Improvements 2,507,640.26 2,531,274.26 2,513,208.19 2,513,208.19 101 Fund 101-Successor Agency Admin Cost 0.00 23,214 420 23,634.00 18,066.07 5,567.93 5,567.93 401 Fund 401- Successor Agency-Admin 587,741.26 587,741.26 0.00 587,741.26 587,741.26 703 Fund 703- Retirement Obligation 1,919,899.00 1,919,899.00 0.00 1,919,899.00 1,919,899.00 2,507,640.26 23,214 420 2,531,274.26 18,066.07 0 2,513,208.19 0 0 2,513,208.19 0 0 0 0 R7200 Central Ave. St. Rte. 60 Improvements- REIMBURSEMENT 13,670,759.72 14,745,842.72 9,571,353.21 9,571,353.21 320 Fund 220 Transfer- B/S/T Citywide DIF 11,127,017.29 1,075,083 12,202,100.29 4,624,489.51 7,577,610.78 7,577,610.78 320 Fund 260-Transfer- B/S/T Preserve DIF 1,519,237.43 1,519,237.43 550,000.00 969,237.43 969,237.43 320 City of Montclair Reimbursement 74,964.00 74,964.00 0.00 74,964.00 74,964.00 320 County of San Bernardino Reimbursement 949,541.00 949,541.00 0.00 949,541.00 949,541.00 R8001 San Antonio Ave Regional Storm Drain CO-OP 645,000.00 645,000.00 645,000.00 645,000.00 540 Fund 540- Storm Drain Fund 645,000.00 645,000.00 0.00 645,000.00 645,000.00 540 S/B County and City of Ontario 0.00 0.00 0.00 0.00 0.00 R9701 Well 33/Plant 30 Treatment Project 2,550,000.00 2,550,000.00 2,550,000.00 2,550,000.00 520 Reimbursement - Fund 520- Water Fund 2,550,000.00 2,550,000.00 0.00 2,550,000.00 2,550,000.00 R2071 3 Bridges Benson Ave Sewer Line- #24768-Cal Trans 1,286,265.69 1,286,265.69 301,836.78 301,836.78 Grand Total Successor Agency Category Total
Reimbursements and Non-Capital Improvement Project Group Reimbursement Project Category
Successor Agency Project Category
Successor Agency Projects-Information Only
RDA-ROPS Project
11/2/2022

8.8.c
Development Impact Fee Report for Fiscal Year 2021-22 Packet Pg. 173 Project 10/10/22 FY2022-23 PROPOSED 5-YEAR CAPITAL PROJECTS Actual CA NEW Addl CA Total Act Exp Return to FB Act CA New Addl CA Total FY FY FY FY Number Fund Project Description 2020-21 2021-22 2021-22 2021-22 2021-22 2021-22 2021-22 2022-23 2022-23 2022-23 2023-24 2024-25 2025-26 2026-27 5 Year Capital Improvement Program
530 Reimbursed by St of Ca-DOT-Fund 530- Sewer Fund 1,286,265.69 1,286,265.69 984,428.91 301,836.78 301,836.78 R2072 3 Bridges Benson & Monte Vista Water Line- #24278 Cal Trans 669,544.37 868,946.87 480,336.08 480,336.08 520 Reimbursed by St of Ca DOT-Fund 520- Water Fund 669,544.37 199,403 868,946.87 388,610.79 480,336.08 480,336.08 R2073 COMPLETE 3 Bridges Pipeline Ave Sewer Line- #24769- Cal Trans 0.00 0.00 530 Reimbursed by St of Ca DOT-Fund 530- Sewer Fund 0.00 0.00 R7221 East End Ave County Reimbursement Project 539,000.00 539,000.00 539,000.00 322 Fund 322-Measure I -County Reimbursement 235,000 235,000.00 0.00 235,000.00 235,000.00 322 Fund 322-Measure I -City Share 304,000 304,000.00 0.00 304,000.00 304,000.00 R7231 NEW Chino Hills Parkway Pavement Rehabilitation-CO-OP Reimbursement Agreement 1,000,000.00 322 Fund 322-Measure I 1,000,000.00 1,000,000.00
ST171 COMPLETE Philadelphia Street Rehabilitation Project County Reimbursement 0.00 0.00 320 Fund 100-Transfer-General Fund 0.00 0.00
320 Fund 100-Transfer-General Fund 0.00 0.00
327 Fund 327-SB1 Road Maint Rehab Acct 0.00 0.00
18,821,569.78 0 1,813,486 20,635,055.28 6,547,529.21 0.00 14,087,526.07 1,000,000.00 0.00 15,087,526.07 0 0 0 0 Local Roadway Safety Plan 80,000.00 5,821.71 5,821.71
G7204 320 State of Ca Grant- Cal Trans 72,000 72,000.00 66,760.46 5,239.54 5,239.54 N7210 320 Fund 100-Transfer-General Fund 8,000 8,000.00 7,417.83 582.17 582.17 IC508 COMPLETE Accela Automation Project 117,497.28 117,497.28 0.00 0.00 610 Fund 233 Transfer-General Facilities DIF 117,497.28 117,497.28 117,156.60 340.68 0.00 0.00 MS181 Local Street Overlay Program-Maintenance 58,982.71 1,787,576.52 1,142,494.89 1,238,494.89 320 Fund 100- General Fund 58,982.71 1,304,200 1,363,182.71 355,437.82 1,007,744.89 1,007,744.89 520 Fund 520 - Water Fund 289,644 289,643.81 289,643.81 0.00 0.00 322 Fund 322-Measure I 134,750 134,750.00 0.00 134,750.00 96,000.00 230,750.00 MS191 Traffic Signal Cabinet Project-4th Year of a 5Yr Program 119,070.99 119,070.99 119,070.99 469,070.99 320 Fund 100- General Fund 119,070.99 119,070.99 0.00 119,070.99 350,000.00 469,070.99 350,000 MS201 Water Master Plan/GIS Conversion Project 360,954.30 360,954.30 261,945.84 261,945.84 520 Fund 520 - Water Fund 360,954.30 360,954.30 99,008.46 261,945.84 261,945.84 MS205 Storm Drain Master Plan-Preserve-DEV SVCS 200,902.19 200,902.19 109,848.16 109,848.16 100 Fund 263 Storm Drain Preserve-DIF 200,902.19 200,902.19 91,054.03 109,848.16 109,848.16 MS211 Sewer Master Plan Update 395,596.40 485,596.40 138,770.27 138,770.27 530 Fund 530- Sewer Fund 395,596.40 90,000 485,596.40 346,826.13 138,770.27 138,770.27 MS214 9th Street House Demo-Landscape 0.00 0.00 0.00 76,815.00 650 Fund 650-Building Mgmt. Fund 0.00 0.00 0.00 0.00
650 Fund 100-General Fund Transfer 0.00 76,815.00 76,815.00 MS215 City Facilities Fiber & Conduit Installation Project 0.00 200,000.00 200,000.00 200,000.00 320 Fund 100- Transfer- General Fund 0.00 0.00 0.00 0.00 0.00 610 Fund 610- Central Services Fund 0.00 200,000 200,000.00 0.00 200,000.00 200,000.00 MS221 Citywide Signage Project 400,000.00 160,202.43 635,202.43 327 Fund 327 SB1- Road Maint Rehab Account 400,000 400,000.00 239,797.57 160,202.43 475,000.00 635,202.43 MS222 Preserve/College Park Slurry Project 900,000.00 882,198.00 882,198.00 322 Fund 322- Measure I 900,000 900,000.00 17,802.00 882,198.00 882,198.00 MS231 NEW Euclid Ave Study-Flood Zone 500,000.00
328 Fund 328- Measure I Arterial Subprogram 500,000.00 500,000.00 N8074 Civic Center Master Plan 175,090.80 200,090.80 66,438.17 121,197.17 650 Fund 650 - Building Management Fund 175,090.80 25,000 200,090.80 133,652.63 66,438.17 54,759.00 121,197.17 NC221 PD Handheld Radio Replacement Project- 2 OF 5 Year Replacement 201,706.44 17,289.13 226,289.13 660 Fund 660 - Equipment Management Fund 190,000 11,706 201,706.44 184,417.31 17,289.13 209,000.00 226,289.13 NC222 PD Vehicle Radio Replacement Project 2 OF 5 Year Replacement 140,400.00 3,321.12 157,761.12 660 Fund 660 - Equipment Management Fund 140,400 140,400.00 137,078.88 3,321.12 154,440.00 157,761.12 NC223 Miscellaneous ROW Land Acquisition-Preserve 1,011,116.00 1,011,116.00 1,011,116.00 320 Fund 260-Transfer-B/S/T Preserve DIF 1,011,116 1,011,116.00 0.00 1,011,116.00 1,011,116.00 NC231 NEW Citywide Slurry FY2023 6,538.00 0.00 1,500,000.00 Reimbursement Category Totals
Non-Capital Improvement Project Category
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8.8.c
Development Impact Fee Report for Fiscal Year 2021-22 Packet Pg. 174 Project 10/10/22 FY2022-23 PROPOSED 5-YEAR CAPITAL PROJECTS Actual CA NEW Addl CA Total Act Exp Return to FB Act CA New Addl CA Total FY FY FY FY Number Fund Project Description 2020-21 2021-22 2021-22 2021-22 2021-22 2021-22 2021-22 2022-23 2022-23 2022-23 2023-24 2024-25 2025-26 2026-27 5 Year Capital Improvement Program
320 Fund 100 General Fund Transfer 6,538 6,538.00 6,538.00 0.00 1,500,000.00 1,500,000.00 ST173 Transportation ROW ADA Improvements 376,848.75 301,848.75 301,848.75 301,848.75 320 Fund 100 Transfer-General Fund 376,848.75 100,000 -175,000 301,848.75 0.00 301,848.75 301,848.75 1,804,943.42 4,625,360 82,994 6,513,297.67 2,092,591.53 340.68 4,420,365.46 3,361,255.00 54,759.00 7,836,379.46 350,000 0 0 0 Grand Total of Reimbursement and Non-Capital Projects 20,626,513.20 $4,625,360 $1,896,480 27,148,352.95 8,640,120.74 $341 18,507,891.53 4,361,255.00 54,759.00 22,923,905.53 $350,000 $0 $0 $0 Non-Capital Improvement Category Totals
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8.8.c
Development Impact Fee Report for Fiscal Year 2021-22 Packet Pg. 175 Fund Note/Loan
Original
Amount
Balance as
of 6/30/21 Principal Paid
Outstanding
Balance as of
6/30/22
Transportation
Development DIF None - - - -
Law Enforcement DIF None - - - -
Fire Protection DIF None - - - -
General Facilities DIF None - - - -
Library Facilities DIF None - - - -
Community Facilities
DIF None - - - -
Water DIF None - - - -
Sewer DIF None - - - -
Storm Drain DIF None - - - -
Congestion Mitigation
Plan DIF None - - - -
- - - -
Development Impact Fee Analysis - Notes and Loans Receivable FY 2021-22
Total
Note: There are currently no outstanding Development Impact Fee loans Schedule D

8.8.d
Development Impact Fee Report for Fiscal Year 2021-22 Packet Pg. 176 Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

FINANCE DEPARTMENT
COUNCIL MEETING DATE: DECEMBER 6, 2022
TO: LINDA REICH, CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE
SUBJECT: COMMUNITY FACILITIES DISTRICTS ANNUAL REPORTING FOR FISCAL YEAR ENDING JUNE 30, 2022.

RECOMMENDATION
Receive and file the Community Facilities Districts Report pursuant to Senate Bill 165.

FISCAL IMPACT
There is no fiscal impact to the City.

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:
• Financial Stability

8.9 CONSENT CALENDAR Packet Pg. 177
COUNCIL MEETING DATE: DECEMBER 6, 2022
SUBJECT: COMMUNITY FACILITIES DISTRICTS ANNUAL REPORTING FOR FISCAL YEAR ENDING JUNE 30, 2022
PAGE 2

BACKGROUND
Senate Bill 165 enacted the Local Agency Special Tax and Bond Accountability Act. This Act requires that any local special tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the special tax, requires that the proceeds of the special tax be applied to those purposes, requires the creation of an account into which the proceeds shall be deposited, and requires that an annual report containing specified information concerning the use of the proceeds be prepared. The Act only applies to bonds issued on or after January 1, 2001 in accordance with Section 53410 of the California Government Code.

Most of the requirements of the Act are handled at the formation (bond issuance) of the Community Facilities District and some are handled through annual reports.

The City has issued the following Community Facilities Districts bonds since January 1, 2001:

CFD 2001-1; CFD 2003-1; CFD 2003-2; CFD 2003-3 Improvement Area 1; CFD 2003-3 Improvement Area 2; CFD 2003-3 Improvement Area 6, CFD 2003-3 Improvement Area 7, CFD 2003-3 Improvement Area 8; CFD 2003-4; CFD 2005-1 Improvement Area 1; CFD 2005-1 Improvement Area 2; CFD 2005-1 Improvement Area 3; CFD 2005-1 Improvement Area 4; CFD 2005-2; CFD 2006-1; CFD 2006-2; CFD 2006-3, CFD 2009-1, CFD 2016-1, CFD 2016-2 and CFD 2019-1. These special tax bond issues are subject to Senate Bill 165 requirements.

ISSUES/ANALYSIS
Section 53411 of the California Government Code deals with annual reports and states, “The chief fiscal officer of the issuing local agency shall file a report with its governing body no later than January 1st, and at least once a year thereafter. The annual report shall contain the following:
a) The amount of funds collected and expended
b) The status of any project required or authorized to be funded as identified in subdivision (a) of Section 53410.”
The report, complying with Section 53411 of the California Government Code, has been compiled for Fiscal Year ending June 30, 2022 by the City’s special district consultant, Webb & Associates. Detailed information concerning CFD boundaries, outstanding balances, or project status, can be obtained by contacting the City of Chino Finance Department.

Attachment: Exhibit 1 - Senate Bill 165 Reports

8.9 CONSENT CALENDAR Packet Pg. 178
Senate Bill 165
Report for Calendar Year 2022
City of Chino
Prepared For
December 2022

8.9.a
Community Facilities District Annual Reporting Packet Pg. 179 Table of Contents
Sections
Section 1. Community Facilities District No. 2001-1_________________________________ 1 Section 2. Community Facilities District No. 2003-1_________________________________ 3 Section 3. Community Facilities District No. 2003-2_________________________________ 5 Section 4. Community Facilities District No. 2003-3 Improvement Area 1 _______________ 7 Section 5. Community Facilities District No. 2003-3 Improvement Area 2 _______________ 9 Section 6. Community Facilities District No. 2003-3 Improvement Area 6 ______________ 11 Section 7. Community Facilities District No. 2003-3 Improvement Area 7 ______________ 13 Section 8. Community Facilities District No. 2003-3 Improvement Area 8 ______________ 15 Section 9. Community Facilities District No. 2003-4________________________________ 17 Section 10. Community Facilities District No. 2005-1 Improvement Area 1 ______________ 19 Section 11. Community Facilities District No. 2005-1 Improvement Area 2 ______________ 21 Section 12. Community Facilities District No. 2005-1 Improvement Area 3 ______________ 23 Section 13. Community Facilities District No. 2005-1 Improvement Area 4 ______________ 25 Section 14. Community Facilities District No. 2005-2________________________________ 27 Section 15. Community Facilities District No. 2006-1________________________________ 29 Section 16. Community Facilities District No. 2006-2________________________________ 31 Section 17. Community Facilities District No. 2006-3________________________________ 33 Section 18. Community Facilities District No. 2009-1________________________________ 35 Section 19. Community Facilities District No. 2016-1________________________________ 37 Section 20. Community Facilities District No. 2016-2________________________________ 39 Section 21. Community Facilities District No. 2019-1________________________________ 41

8.9.a
Community Facilities District Annual Reporting Packet Pg. 180

1. Community Facilities District No. 2001-1 ____________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2022 1 Community Facilities District No. 2001-1
2021 Special Tax Refunding Bonds
Senate Bill 165 shall be cited as the Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act requires that any local Special Tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the Special Tax, requires that the proceeds of the Special Tax be applied to those purposes, requires the creation of an account into which the proceeds shall be deposited, and requires an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001, in accordance with Sections 50075.1 and 53410 of the California Government Code.

Some of the requirements of the Act are handled at the formation (bond issuance) of the Special Tax District and others are handled through annual reports. This section of the report intends to comply with Sections 50075.3 and 53411 of the California Government Code which states:

The Chief Fiscal Officer of the issuing local agency shall file a report with its governing body no later than January 1, after the bonds have been issued and at least once a year thereafter. The annual report shall contain all of the following:
a. The amount of funds collected and expended.

Fiscal Year 2021-22 Revenues (1)
Special Taxes Levied $186,719
Less: Delinquency as of 6/30/2022 $0
Total Special Taxes Received $186,719
2021 Expenditures (2)
Bond Interest – 3/1/2022 $16,689
Bond Interest – 9/1/2022 $16,689
Bond Principal – 9/1/2022 $150,000
Administrative Expenses(3) $5,533
Surplus Fund Credit ($2,191)
Total Expenditures $186,720
City Held Fund Balance 6/30/2022 $197,460
(1) Amount Enrolled for the Fiscal Year 2021-22 to pay for Principal, Interest and Administrative Expenses. (2) Due to available surplus funds, amount enrolled was less than projected expenditures. (3) Amount allocated to Administrative Expenses and may not have been expended in its entirety. b. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Section 53410.

The District is comprised of approximately 68.9 acres of land, including approximately 65.2 taxable acres, located in the southwestern portion of the City of Chino. The area is located north of Bickmore Avenue, west of Fern Avenue, and south of Kimball Avenue.

The District was formed to construct certain storm drainage, sewer and water lines, streetlights, traffic lights, signage, curbs and gutters, sidewalks, and landscaping along certain avenues.

This District is one of the six Local Obligations of the City of Chino Public Financing Authority (PFA) Refunding Bonds, Series of 2021A. The City of Chino PFA Marks-Roos Revenue Pool is also comprised of Community Facilities District Nos. 2003-1, 2003-2, 2003-3 IA 1, 2003-4 and 2009-1; please see separate reports for information regarding these Districts.

8.9.a
Community Facilities District Annual Reporting Packet Pg. 181

1. Community Facilities District No. 2001-1 ____________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2022 2 The following table shows the initial amount deposited to the Improvement Fund, the amount expended, the District’s June 30, 2022, Improvement Fund balance, and the project status:

Improvement Fund Balances as of June 30, 2022
District Name
Initial Amount Deposited
to Improvement Fund (1) Amount Expended
June 30, 2022
Balance Project Status
CFD No. 2001-1 $2,657,753.59 $2,657,753.59 $0.00 Completed (1) Included Series 2002 initial deposit.

Improvements have been completed in the District. The Improvement fund has been closed.

8.9.a
Community Facilities District Annual Reporting Packet Pg. 182

2. Community Facilities District No. 2003-1 _________________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2022 3 Community Facilities District No. 2003-1
2021 Special Tax Refunding Bonds
Senate Bill 165 shall be cited as the Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act requires that any local Special Tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the Special Tax, requires that the proceeds of the Special Tax be applied to those purposes, requires the creation of an account into which the proceeds shall be deposited, and requires an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001, in accordance with Sections 50075.1 and 53410 of the California Government Code.

Some of the requirements of the Act are handled at the formation (bond issuance) of the Special Tax District and others are handled through annual reports. This section of the report intends to comply with Sections 50075.3 and 53411 of the California Government Code which states:

The Chief Fiscal Officer of the issuing local agency shall file a report with its governing body no later than January 1, after the bonds have been issued and at least once a year thereafter. The annual report shall contain all of the following:
a. The amount of funds collected and expended.
b. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Section 53410.

The District is comprised of approximately 53.70 acres of land, including approximately 40.20 taxable acres, and is located north of Schaefer Ave, east of Cypress Ave, south of Chino Ave, and west of San Antonio Ave.

The District was formed to finance certain backbone infrastructure required in connection with the previous development of property within the District, including street, landscaping, bridge, storm drain, sewer, water, dry utilities infrastructure improvements, design and construction of monumentation, and traffic signal installation.

This District is one of the six Local Obligations of the City of Chino Public Financing Authority (PFA) Refunding Bonds, Series of 2021A. The City of Chino PFA Marks−Roos Revenue Pool is also comprised of Community Facilities Fiscal Year 2021-22 Revenues (1)
Special Taxes Levied $459,104
Less: Delinquency as of 6/30/2022 ($4,070)
Total Special Taxes Received $455,034
2021 Expenditures (2)
Bond Interest – 3/1/2022 $46,940
Bond Interest – 9/1/2022 $46,940
Bond Principal – 9/1/2022 $360,000
Administrative Expenses(3) $11,289
Surplus Fund Credit ($6,063)
Total Expenditures $459,106
City Held Fund Balance 6/30/2022 $504,861
(1) Amount Enrolled for the Fiscal Year 2021-22 to pay for Principal, Interest, and Administrative Expenses. (2) Due to available surplus funds, amount enrolled was less than projected expenditures. (3) Amount allocated to Administrative Expenses and may not have been expended in its entirety.

8.9.a
Community Facilities District Annual Reporting Packet Pg. 183

2. Community Facilities District No. 2003-1 _________________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2022 4 District Nos. 2001−1, 2003−2, 2003−3 IA 1, 2003−4 and 2009−1; please see separate reports for information regarding these Districts.

The following table shows the initial amount deposited to the Improvement Fund, the amount expended, the District’s June 30, 2022, Improvement Fund balance, and the project status:

Improvement Fund Balances as of June 30, 2022
District Name
Initial Amount Deposited
to Improvement Fund Amount Expended
June 30, 2022
Balance Project Status
CFD No. 2003-1 $6,412,889.00 $6,412,889.00 $0.00 Completed (1) Includes Series 2004 initial deposit.

Improvements have been completed in the District. The Improvement Fund has been closed.

8.9.a
Community Facilities District Annual Reporting Packet Pg. 184

3. Community Facilities District No. 2003-2 _________________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2022 5 Community Facilities District No. 2003-2
2021 Special Tax Refunding Bonds
Senate Bill 165 shall be cited as the Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act requires that any local Special Tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the Special Tax, requires that the proceeds of the Special Tax be applied to those purposes, requires the creation of an account into which the proceeds shall be deposited, and requires an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001, in accordance with Sections 50075.1 and 53410 of the California Government Code.

Some of the requirements of the Act are handled at the formation (bond issuance) of the Special Tax District and others are handled through annual reports. This section of the report intends to comply with Sections 50075.3 and 53411 of the California Government Code which states:

The Chief Fiscal Officer of the issuing local agency shall file a report with its governing body no later than January 1, after the bonds have been issued and at least once a year thereafter. The annual report shall contain all of the following:
a. The amount of funds collected and expended.

Fiscal Year 2021-22 Revenues (1)
Special Taxes Levied $420,883
Less: Delinquency as of 6/30/2022 ($1,101)
Total Special Taxes Received $419,782
2021 Expenditures (2)
Bond Interest – 3/1/2022 $42,862
Bond Interest – 9/1/2022 $42,862
Bond Principal – 9/1/2022 $330,000
Administrative Expenses(3) $12,122
Surplus Fund Credit ($6,963)
Total Expenditures $420,883
City Held Fund Balance 6/30/2022 $480,636
(1) Amount Enrolled for the Fiscal Year 2021-22 to pay for Principal, Interest, and Administrative Expenses. (2) Due to available surplus funds, amount enrolled was less than projected expenditures. (3) Amount allocated to Administrative Expenses and may not have been expended in its entirety. b. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Section 53410.

The District is comprised of approximately 38 acres of land located in the City of Chino, immediately south of Chino Avenue, between Fern Avenue on the west and Euclid Avenue on the east.

The District was formed to finance curbs, gutters, sidewalks, streetlights, traffic signal, street signs, grading, adjustment of structural sections, adjustment of manholes, access ramps, fire hydrants, and parkway landscaping, including irrigation.

This District is one of the six Local Obligations of the City of Chino Public Financing Authority (PFA) Refunding Bonds, Series of 2021A. The City of Chino PFA Marks−Roos Revenue Pool is also comprised of Community Facilities District Nos. 2001−1, 2003−1, 2003−3 IA 1, 2003−4 and 2009−1; please see separate reports for information regarding these Districts.

8.9.a
Community Facilities District Annual Reporting Packet Pg. 185

3. Community Facilities District No. 2003-2 _________________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2022 6 The following table shows the Initial Amount deposited to the Improvement Fund, the amount expended, the District’s June 30, 2022, Improvement Fund balance, and the project status:

Improvement Fund Balances as of June 30, 2022
District Name
Initial Amount Deposited
to Improvement Fund (1) Amount Expended
June 30, 2022
Balance Project Status
CFD No. 2003-2 $6,082,783.00 $6,082,783.00 $0.00 Completed (1) Includes Series 2004 initial deposit.

Improvements have been completed in the District. The Improvement Fund has been closed.

8.9.a
Community Facilities District Annual Reporting Packet Pg. 186

4. Community Facilities District No. 2003-3 Improvement Area 1 ________________________ City of Chino Senate Bill 165 Report for Calendar Year 2022 7 Community Facilities District No. 2003-3 Improvement Area 1 2021 Special Tax Refunding Bonds
Senate Bill 165 shall be cited as the Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act requires that any local Special Tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the Special Tax, requires that the proceeds of the Special Tax be applied to those purposes, requires the creation of an account into which the proceeds shall be deposited, and requires an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001, in accordance with Sections 50075.1 and 53410 of the California Government Code.

Some of the requirements of the Act are handled at the formation (bond issuance) of the Special Tax District and others are handled through annual reports. This section of the report intends to comply with Sections 50075.3 and 53411 of the California Government Code which states:

The Chief Fiscal Officer of the issuing local agency shall file a report with its governing body no later than January 1, after the bonds have been issued and at least once a year thereafter. The annual report shall contain all of the following:
a. The amount of funds collected and expended.

Fiscal Year 2021-22 Revenues (1)
Special Taxes Levied $2,191,226
Less: Delinquency as of 6/30/2022 ($17,547)
Total Special Taxes Received $2,173,679
2021 Expenditures
Bond Interest – 3/1/2022 $164,846
Bond Interest – 9/1/2022 $164,846
Bond Principal – 9/1/2022 $1,105,000
Administrative Expenses(2) $25,388
Total Expenditures $1,460,080
City Held Fund Balance 6/30/2022 $2,003,484
(1) Amount Enrolled for the Fiscal Year 2021-22 to pay for Principal, Interest, Administrative Expenses, and Developer Reimbursement (upon request). (2) Amount allocated to Administrative Expenses and may not have been expended in its entirety. b. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Section 53410.

The District is comprised of approximately 143.11 acres of land located in the City, along the south side of Kimball Avenue between Euclid Avenue and Hellman Avenue.

The District was formed to construct certain grading, streets and traffic signals, landscaping, reclaimed water facilities, sewer improvements, water facilities, storm drainage, park improvements, dry utilities, community amenities, and fire facilities.

This District is one of the six Local Obligations of the City of Chino Public Financing Authority (PFA) Refunding Bonds, Series of 2021A. The City of Chino PFA Marks−Roos Revenue Pool is also comprised of Community Facilities District Nos. 2001−1, 2003−1, 2003−2, 2003−4 and 2009−1; please see separate reports for information regarding these Districts.

8.9.a
Community Facilities District Annual Reporting Packet Pg. 187

4. Community Facilities District No. 2003-3 Improvement Area 1 ________________________ City of Chino Senate Bill 165 Report for Calendar Year 2022 8 The following table shows the initial amount deposited to the Improvement Fund, the amount expended, the District’s June 30, 2022, Improvement Fund balance, and the project status:

Improvement Fund Balances as of June 30, 2022
District Name
Initial Amount Deposited
to Improvement Fund (1) Amount Expended
June 30, 2022
Balance Project Status
CFD No. 2003-3 IA 1 $20,231,459.00 $20,231,459.00 $0.00 Completed (1) Includes Series 2004 initial deposit.

Improvements have been completed in the District. The Improvement Fund has been closed.

8.9.a
Community Facilities District Annual Reporting Packet Pg. 188

5. Community Facilities District No. 2003-3 Improvement Area 2 ________________________ City of Chino Senate Bill 165 Report for Calendar Year 2022 9 Community Facilities District No. 2003-3 Improvement Area 2 2015 Special Tax Refunding Bonds
Senate Bill 165 shall be cited as the Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act requires that any local Special Tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the Special Tax, requires that the proceeds of the Special Tax be applied to those purposes, requires the creation of an account into which the proceeds shall be deposited, and requires an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001, in accordance with Sections 50075.1 and 53410 of the California Government Code.

Some of the requirements of the Act are handled at the formation (bond issuance) of the Special Tax District and others are handled through annual reports. This section of the report intends to comply with Sections 50075.3 and 53411 of the California Government Code which states:

The Chief Fiscal Officer of the issuing local agency shall file a report with its governing body no later than January 1, after the bonds have been issued and at least once a year thereafter. The annual report shall contain all of the following:
a. The amount of funds collected and expended.

Fiscal Year 2021-22 Revenues (1)
Special Taxes Levied $1,852,608
Less: Delinquency as of 6/30/2022 ($15,424)
Total Special Taxes Received $1,837,184
2021 Expenditures
Bond Interest – 3/1/2022 $363,000
Bond Interest – 9/1/2022 $363,000
Bond Principal – 9/1/2022 $740,000
Administrative Expenses(2) $17,552
Total Expenditures $1,483,552
City Held Fund Balance 6/30/21 $1,462,868
(1) Amount Enrolled for the Fiscal Year 2021-22 to pay for Principal, Interest, Administrative Expenses, and Developer Reimbursement (upon request). (2) Amount allocated to Administrative Expenses and may not have been expended in its entirety. b. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Section 53410.

The Improvement Area is comprised of approximately 133 acres and is divided into two subareas. Subarea A is comprised of approximately 74 acres of land and is bounded by Rincon Meadows Avenue, Kimball Avenue, Mill Creek Avenue and Bickmore Avenue. Subarea B is comprised of approximately 59 acres of land bounded by Kimball Avenue on the North, an easement owned by Southern California Edison on the South and Subarea D on the east.

The District was formed to construct certain roadway, bridges, sewers, water and reclaimed water facilities, dry utilities, storm drains, street and parkway landscaping, curbs and gutters, medians, median landscaping, traffic signals, entry signage, parks, trails, fire facilities, library facilities, and public community facilities.

The District is one of the four Local Obligations of the Chino Public Financing Authority (PFA) Local Agency Refunding Bonds, Series 2015A. The City of Chino PFA Marks-Roos Revenue Pool is also comprised of Community

8.9.a
Community Facilities District Annual Reporting Packet Pg. 189

5. Community Facilities District No. 2003-3 Improvement Area 2 ________________________ City of Chino Senate Bill 165 Report for Calendar Year 2022 10 Facilities District Nos. 2005-1 IA 1, 2005-2 and 2006-2; please see separate reports for information regarding these Districts.

The following table shows the initial amount deposited to the Improvement Fund, the amount expended, the District’s June 30, 2022, Improvement Fund balance, and the project status:

Improvement Fund Balances as of June 30, 2022
District Name
Initial Amount Deposited
to Improvement Fund (1) Amount Expended
June 30, 2022
Balance Project Status
CFD No. 2003-3 IA 2 $22,537,953.51 $22,537,953.51 $0.00 Completed (1) Includes Series 2006 initial deposit.

Improvements have been completed in the District. The Improvement Fund has been closed.

8.9.a
Community Facilities District Annual Reporting Packet Pg. 190

6. Community Facilities District No. 2003-3 Improvement Area 6 ________________________ City of Chino Senate Bill 165 Report for Calendar Year 2022 11 Community Facilities District No. 2003-3 Improvement Area 6 2015 Special Tax Bonds
Senate Bill 165 shall be cited as the Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act requires that any local Special Tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the Special Tax, requires that the proceeds of the Special Tax be applied to those purposes, requires the creation of an account into which the proceeds shall be deposited, and requires an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001, in accordance with Sections 50075.1 and 53410 of the California Government Code.

Some of the requirements of the Act are handled at the formation (bond issuance) of the Special Tax District and others are handled through annual reports. This section of the report intends to comply with Sections 50075.3 and 53411 of the California Government Code which states:

The Chief Fiscal Officer of the issuing local agency shall file a report with its governing body no later than January 1, after the bonds have been issued and at least once a year thereafter. The annual report shall contain all of the following:
a. The amount of funds collected and expended.

Fiscal Year 2021-22 Revenues (1)
Special Taxes Levied $957,170
Less: Delinquency as of 6/30/2022 ($2,208)
Total Special Taxes Received $954,962
2021 Expenditures
Bond Interest – 3/1/2022 $271,844
Bond Interest – 9/1/2022 $271,844
Bond Principal – 9/1/2022 $290,000
Administrative Expenses (2) $10,549
Total Expenditures $844,237
City Held Fund Balance 6/30/2022 $678,107
(1) Amount Enrolled for the Fiscal Year 2021-22 to pay for Principal, Interest, Administrative Expenses, and Developer Reimbursement (upon request). (2) Amount allocated to Administrative Expenses and may not have been expended in its entirety. b. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Section 53410.

The District is comprised of approximately 30.88 gross acres of land (including approximately 19.59 taxable acres) and is divided into three zones. Zones 1 and 2 are located south of Bickmore Avenue between Rincon Meadows and Mill Creek Avenue. Zone 3 is located south of Kimball Avenue and west of Hellman Avenue.

The District was formed to finance backbone infrastructure, including water and storm drain improvements.

8.9.a
Community Facilities District Annual Reporting Packet Pg. 191

6. Community Facilities District No. 2003-3 Improvement Area 6 ________________________ City of Chino Senate Bill 165 Report for Calendar Year 2022 12 The following table shows the initial amount deposited to the Improvement Fund, the amount expended, the District’s June 30, 2022, Improvement Fund balance, and the project status:

Improvement Fund Balances as of June 30, 2022
District Name
Initial Amount Deposited
to Improvement Fund (1) Amount Expended
June 30, 2022
Balance Project Status
CFD No. 2003-3 IA 6 $12,488,492.30 $12,488,471.18 $21.12 Completed (1) Includes Series 2015 initial deposit.

Improvements have been completed in the District.

8.9.a
Community Facilities District Annual Reporting Packet Pg. 192

7. Community Facilities District No. 2003-3 Improvement Area 7 ________________________ City of Chino Senate Bill 165 Report for Calendar Year 2022 13 Community Facilities District No. 2003-3 Improvement Area 7 2018 and 2020 Special Tax Bonds
Senate Bill 165 shall be cited as the Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act requires that any local Special Tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the Special Tax, requires that the proceeds of the Special Tax be applied to those purposes, requires the creation of an account into which the proceeds shall be deposited, and requires an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001, in accordance with Sections 50075.1 and 53410 of the California Government Code.

Some of the requirements of the Act are handled at the formation (bond issuance) of the Special Tax District and others are handled through annual reports. This section of the report intends to comply with Sections 50075.3 and 53411 of the California Government Code which states:

The Chief Fiscal Officer of the issuing local agency shall file a report with its governing body no later than January 1, after the bonds have been issued and at least once a year thereafter. The annual report shall contain all of the following:
c. The amount of funds collected and expended.

Fiscal Year 2021-22 Revenues (1)
Special Taxes Levied $2,626,035
Less: Delinquency as of 6/30/2022 ($48,208)
Total Special Taxes Received $2,577,827
2021 Expenditures
Bond Interest – 3/1/2022 $816,088
Bond Interest – 9/1/2022 $816,088
Bond Principal – 9/1/2022 $720,000
Administrative Expenses (2) $22,336
Developer Reimbursement $38,000
Total Expenditures $2,412,512
City Held Fund Balance 6/30/2022 $1,716,070
(1) Amount Enrolled for the Fiscal Year 2021-22 to pay for Principal, Interest, Administrative Expenses, and Developer Reimbursement (upon request).
(2) Amount allocated to Administrative Expenses and may not have been expended in its entirety. d. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Section 53410.

The District is comprised of approximately 83.7 gross acres of land (including approximately 56.70 taxable acres) and is divided into three zones. Zones 1 and 2 are located south of Hellman and west of Pine Avenue. Zone 3 is located north of Kimball Avenue and east of Rincon Meadows Avenue.

The District was formed to finance backbone infrastructure, including water and storm drain improvements.

8.9.a
Community Facilities District Annual Reporting Packet Pg. 193

7. Community Facilities District No. 2003-3 Improvement Area 7 ________________________ City of Chino Senate Bill 165 Report for Calendar Year 2022 14 The following table shows the initial amount deposited to the Improvement Fund, the amount expended, the District’s June 30, 2022, Improvement Fund balance, and the project status:

Improvement Fund Balances as of June 30, 2022
District Name
Initial Amount Deposited
to Improvement Fund Amount Expended
June 30, 2022
Balance Project Status
CFD No. 2003-3 IA 7 $38,307,155.80 $38,307,100.41 $55.39 Completed Improvements have been completed in the District.

8.9.a
Community Facilities District Annual Reporting Packet Pg. 194

8. Community Facilities District No. 2003-3 Improvement Area 8 ________________________ City of Chino Senate Bill 165 Report for Calendar Year 2022 15 Community Facilities District No. 2003-3 Improvement Area 8 2021 Special Tax Bonds
Senate Bill 165 shall be cited as the Local Agency Special Tax and Bond Accountability Act (the “Act”). This Act requires that any local Special Tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the Special Tax, require that the proceeds of the Special Tax be applied to those purposes, require the creation of an account into which the proceeds shall be deposited, and require an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001, in accordance with Sections 50075.1 and 53410 of the California Government Code.

Some of the requirements of the Act are handled at the formation (bond issuance) of the Special Tax District and others are handled through annual reports. This section of the report intends to comply with Sections 50075.3 and 53411 of the California Government Code which states:

The Chief Fiscal Officer of the issuing local agency shall file a report with its governing body no later than January 1, after the bonds have been issued and at least once a year thereafter. The annual report shall contain all of the following:
a. The amount of funds collected and expended.

Fiscal Year 2021-22 Revenues(1)
Special Taxes Levied $563,100
Less: Delinquency as of 6/30/2022 $6,800
Total Special Taxes Received $569,900
2021 Expenditures
Bond Interest – 3/1/2022 $174,625
Bond Interest – 9/1/2022 $419,100
Bond Principal – 9/1/2022 $0
Administrative Expenses (2) $8,896
Developer Reimbursement $0
Total Expenditures $602,621
City Held Fund Balance 6/30/2022 $522,175
(1) Amount Enrolled for the Fiscal Year 2021-22 to pay for Principal, Interest, Administrative Expenses, and Developer Reimbursement (upon request).
(2) Amount allocated to Administrative Expenses and may not have been expended in its entirety. b. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Section 53410.

The District is comprised of approximately 22.39 gross acres. Zone 1 is located west of East Preserve Loop and south of Forest Park Street in the City of Chino. Zone 2 is located south of Forest Park Street and east of Main Street. Zone 3 is located south of Garden Park Street and east of West Preserve Loop.

CFD No. 2003-3 IA 8 is a non-bonded district and was formed to finance certain backbone infrastructure required in connection with the previous development of property within the District, including street, landscaping, bridge, storm drain, sewer, water, and dry utilities infrastructure improvements, design and construction of monuments, and traffic signal installation.

8.9.a
Community Facilities District Annual Reporting Packet Pg. 195

8. Community Facilities District No. 2003-3 Improvement Area 8 ________________________ City of Chino Senate Bill 165 Report for Calendar Year 2022 16 The following table shows the initial amount deposited to the Improvement Fund, the amount expended, the District’s June 30, 2022, Improvement Fund balance, and the project status:

Improvement Fund Balances as of June 30, 2022
District Name
Initial Amount Deposited
to Improvement Fund Amount Expended
June 30, 2022
Balance Project Status
CFD No. 2003-3 IA 8 $22,016,786.70 $17,926,019.16 $4,090,767.54 In Progress It is anticipated that Improvement Funds will be expended as reimbursement requests are made for approved facilities.

8.9.a
Community Facilities District Annual Reporting Packet Pg. 196

9. Community Facilities District No. 2003-4 _________________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2022 17 Community Facilities District No. 2003-4
2021 Special Tax Refunding Bonds
Senate Bill 165 shall be cited as the Local Agency Special Tax and Bond Accountability Act. This Act requires that any local Special Tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the Special Tax, requires that the proceeds of the Special Tax be applied to those purposes, requires the creation of an account into which the proceeds shall be deposited, and requires an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001, in accordance with Sections 50075.1 and 53410 of the California Government Code.

Some of the requirements of the Act are handled at the formation (bond issuance) of the Special Tax District and others are handled through annual reports. This section of the report intends to comply with Sections 50075.3 and 53411 of the California Government Code which states:

The Chief Fiscal Officer of the issuing local agency shall file a report with its governing body no later than January 1, after the bonds have been issued and at least once a year thereafter. The annual report shall contain all of the following:
a. The amount of funds collected and expended.

Fiscal Year 2021-22 Revenues (1)
Special Taxes Levied $379,226
Less: Delinquency as of 6/30/2022 $0
Total Special Taxes Received $379,226
2021 Expenditures (1)(2)
Bond Interest – 3/1/2022 $38,665
Bond Interest – 9/1/2022 $38,665
Bond Principal – 9/1/2022 $300,000
Administrative Expenses(3) $5,598
Surplus Fund Credit ($3,702)
Total Expenditures $379,226
City Held Fund Balance 6/30/2022 $397,119
(1) Amount Enrolled for the Fiscal Year 2021-22 to pay for Principal, Interest and Administrative Expenses. (2) Due to available surplus funds, amount enrolled was less than projected expenditures. (3) Amount allocated to Administrative Expenses and may not have been expended in its entirety. b. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Section 53410.

The District is comprised of approximately 96.20 acres of land, including approximately 94.66 taxable acres, and is located in the City, on the east and west side of Mountain Avenue from Kimball Avenue to Bickmore Avenue.

The District was formed to fund infrastructure needed for new development, roadway, sewer, water, gas, storm drain, streets and parkways, curbs and gutters, bridges, traffic signals, entry signage, appurtenant work, and development impact fees.

This District is one of the six Local Obligations of the City of Chino Public Financing Authority (PFA) Refunding Bonds, Series of 2021A. The City of Chino PFA Marks−Roos Revenue Pool is also comprised of Community Facilities District Nos. 2001−1, 2003−1, 2003−2, 2003−3 IA 1 and 2009−1; please see separate reports for information regarding these Districts.

8.9.a
Community Facilities District Annual Reporting Packet Pg. 197

9. Community Facilities District No. 2003-4 _________________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2022 18 The following table shows the initial amount deposited to the Improvement Fund, the amount expended, the District’s June 30, 2022, Improvement Fund balance and the project status:

Improvement Fund Balances as of June 30, 2022
District Name
Initial Amount Deposited
to Improvement Fund (1) Amount Expended
June 30, 2022
Balance Project Status
CFD 2003-4 $5,503,141.00 $5,503,141.00 $0.00 Completed
(1) Includes Series 2004 initial deposit.

Improvements have been completed in the District. The Improvement Fund has been closed.

8.9.a
Community Facilities District Annual Reporting Packet Pg. 198

10. Community Facilities District No. 2005-1 Improvement Area 1 ________________________ City of Chino Senate Bill 165 Report for Calendar Year 2022 19 Community Facilities District No. 2005-1 Improvement Area 1 2015 Special Tax Refunding Bonds
Senate Bill 165 shall be cited as the Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act requires that any local Special Tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the Special Tax, requires that the proceeds of the Special Tax be applied to those purposes, requires the creation of an account into which the proceeds shall be deposited, and requires an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001, in accordance with Sections 50075.1 and 53410 of the California Government Code.

Some of the requirements of the Act are handled at the formation (bond issuance) of the Special Tax District and others are handled through annual reports. This section of the report intends to comply with Sections 50075.3 and 53411 of the California Government Code which states:

The Chief Fiscal Officer of the issuing local agency shall file a report with its governing body no later than January 1, after the bonds have been issued and at least once a year thereafter. The annual report shall contain all of the following:
a. The amount of funds collected and expended.

Fiscal Year 2021-22 Revenues (1)
Special Taxes Levied $1,537,820
Less: Delinquency as of 6/30/2022 ($12,923)
Total Special Taxes Received $1,524,897
2021 Expenditures
Bond Interest – 3/1/2022 $311,000
Bond Interest – 9/1/2022 $311,000
Bond Principal – 9/1/2022 $635,000
Administrative Expenses(2) $21,814
Total Expenditures $1,278,814
City Held Fund Balance 6/30/2022 $2,095,826
(1) Amount Enrolled for the Fiscal Year 2021-22 to pay for Principal, Interest, Administrative Expenses, and Developer Reimbursement (upon request).
(2) Amount allocated to Administrative Expenses and may not have been expended in its entirety. b. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Section 53410.

The District is divided into nine planning areas and is comprised of approximately 94.40 acres of land and is bounded by Cypress Avenue, Euclid Avenue, Clemson Street and the northwest quadrant of San Antonio Avenue and Eucalyptus Avenue.

The Public Facilities within the District are proposed to consist of backbone infrastructure needed for new development such as roadway, sewer, water, storm drain, street and parkway, curbs and gutters, traffic signals, dry utilities, landscaping improvements, appurtenances and appurtenant work, and development impact fees that are used by the City to construct infrastructure.

The District is one of the four Local Obligations of the Chino Public Financing Authority (PFA) Local Agency Refunding Bonds, Series 2015A. The City of Chino PFA Marks-Roos Revenue Pool is also comprised of Community

8.9.a
Community Facilities District Annual Reporting Packet Pg. 199

10. Community Facilities District No. 2005-1 Improvement Area 1 ________________________ City of Chino Senate Bill 165 Report for Calendar Year 2022 20 Facilities District Nos. 2003-3 IA 2, 2005-2 and 2006-2; please see separate reports for information regarding these Districts.

The following table shows the initial amount deposited to the Improvement Fund, the amount expended, the District’s June 30, 2022, Improvement Fund balance and the project status:

Improvement Fund Balances as of June 30, 2022
District Name
Initial Amount Deposited to
Improvement Fund (1) Amount Expended
June 30, 2022
Balance Project Status
CFD No. 2005-1 IA 1 $20,799,104.23 $20,799,104.23 $0.00 Completed (1) Includes Series 2007 initial deposit.

Improvements have been completed in the District. The Improvement Fund has been closed.

8.9.a
Community Facilities District Annual Reporting Packet Pg. 200

11. Community Facilities District No. 2005-1 Improvement Area 2 ________________________ City of Chino Senate Bill 165 Report for Calendar Year 2022 21 Community Facilities District No. 2005-1 Improvement Area 2 2019 Special Tax Refunding Bonds
Senate Bill 165 shall be cited as the Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act requires that any local Special Tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the Special Tax, requires that the proceeds of the Special Tax be applied to those purposes, requires the creation of an account into which the proceeds shall be deposited, and requires an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001, in accordance with Sections 50075.1 and 53410 of the California Government Code.

Some of the requirements of the Act are handled at the formation (bond issuance) of the Special Tax District and others are handled through annual reports. This section of the report intends to comply with Sections 50075.3 and 53411 of the California Government Code which states:

The Chief Fiscal Officer of the issuing local agency shall file a report with its governing body no later than January 1, after the bonds have been issued and at least once a year thereafter. The annual report shall contain all of the following:
a. The amount of funds collected and expended.

Fiscal Year 2021-22 Revenues (1)
Special Taxes Levied $168,319
Less: Delinquency as of 6/30/2022 ($591)
Total Special Taxes Received $167,728
2021 Expenditures
Bond Interest – 3/1/2022 $32,469
Bond Interest – 9/1/2022 $32,469
Bond Principal – 9/1/2022 $55,000
Administrative Expenses (2) $9,213
Total Expenditures $129,151
City Held Fund Balance 6/30/2022 $309,904
(1) Amount Enrolled for the Fiscal Year 2021-22 to pay for Principal, Interest, Administrative Expenses, and Developer Reimbursement (upon request).
(2) Amount allocated to Administrative Expenses and may not have been expended in its entirety. b. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Section 53410.

The District is comprised of approximately 54.4 net acres and contains three zones. The area is located within the City, and is located north of Cypress Avenue, west of Mountain Avenue, and south of Edison Avenue.

The Public Facilities within the District are proposed to consist of backbone infrastructure needed for new development, such as roadway, sewer, water, dry utilities, storm drain, street and parkway, curb and gutter, traffic signal, entry signage, and appurtenances and appurtenant work.

The District is one of two Local Obligations of the Chino Public Financing Authority (PFA) Local Agency Refunding Bonds, Series 2019A. The City of Chino PFA Marks-Roos Revenue Pool is also comprised of Community Facilities District No. 2006-3; please see separate report for information regarding this District.

8.9.a
Community Facilities District Annual Reporting Packet Pg. 201

11. Community Facilities District No. 2005-1 Improvement Area 2 ________________________ City of Chino Senate Bill 165 Report for Calendar Year 2022 22 The following table shows the initial amount deposited to the Improvement Fund, the amount expended, the District’s June 30, 2022, Improvement Fund balance and the project status:

Improvement Fund Balances as of June 30, 2022
District Name
Initial Amount Deposited
to Improvement Fund (1) Amount Expended
June 30, 2022
Balance Project Status
CFD No. 2005-1 IA 2 $1,695,432.81 $1,675,407.76 $20,025.05 In Progress (1) Includes Series 2014 initial deposit.

The developer is in the process of preparing and submitting payment requests for the remaining balance. The construction of the Facilities and Fees in connection with the development of property within the District continues as additional development occurs.

8.9.a
Community Facilities District Annual Reporting Packet Pg. 202

12. Community Facilities District No. 2005-1 Improvement Area 3 ________________________ City of Chino Senate Bill 165 Report for Calendar Year 2022 23 Community Facilities District No. 2005-1 Improvement Area 3 2015 Special Tax Bonds
Senate Bill 165 shall be cited as the Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act requires that any local Special Tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the Special Tax, requires that the proceeds of the Special Tax be applied to those purposes, requires the creation of an account into which the proceeds shall be deposited, and requires an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001, in accordance with Sections 50075.1 and 53410 of the California Government Code.

Some of the requirements of the Act are handled at the formation (bond issuance) of the Special Tax District and others are handled through annual reports. This section of the report intends to comply with Sections 50075.3 and 53411 of the California Government Code which states:

The Chief Fiscal Officer of the issuing local agency shall file a report with its governing body no later than January 1, after the bonds have been issued and at least once a year thereafter. The annual report shall contain all of the following:
a. The amount of funds collected and expended.

Fiscal Year 2021-22 Revenues (1)
Special Taxes Levied $205,032
Less: Delinquency as of 6/30/2022 ($3,170)
Total Special Taxes Received $201,862
2021 Expenditures
Bond Interest – 3/1/2022 $49,938
Bond Interest – 9/1/2022 $49,938
Bond Principal – 9/1/2022 $65,000
Administrative Expenses (2) $8,874
Total Expenditures $173,750
City Held Fund Balance 6/30/2022 $318,745
(1) Amount Enrolled for the Fiscal Year 2021-22 to pay for Principal, Interest, Administrative Expenses, and Developer Reimbursement (upon request).
(2) Amount allocated to Administrative Expenses and may not have been expended in its entirety.

b. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Section 53410.

The District is comprised of approximately 19.81 net taxable acres and is divided into three zones bounded by Cypress Avenue, Edison Avenue, and Marquette Avenue, Satterfield Way, and intersected by Eucalyptus Avenue.

The Public Facilities within the District are proposed to consist of backbone infrastructure needed for new development such as roadway, sewer, water, storm drain, street and parkway, curbs and gutters, traffic signals, dry utilities, landscaping improvements, and appurtenances and appurtenant work.

8.9.a
Community Facilities District Annual Reporting Packet Pg. 203

12. Community Facilities District No. 2005-1 Improvement Area 3 ________________________ City of Chino Senate Bill 165 Report for Calendar Year 2022 24 The following table shows the initial amount deposited to the Improvement Fund, the amount expended, the District’s June 30, 2022, Improvement Fund balance, and the project status:

Improvement Fund Balances as of June 30, 2022
District Name
Initial Amount Deposited
to Improvement Fund (1) Amount Expended
June 30, 2022
Balance Project Status
CFD No. 2005-1 IA 3 $2,372,493.97 $2,075,647.76 $296,846.21 In Progress (1) Includes Series 2015 initial deposit.

It is anticipated that Improvement Funds will be expended as Developer Reimbursement requests are made for approved facilities.

8.9.a
Community Facilities District Annual Reporting Packet Pg. 204

13. Community Facilities District No. 2005-1 Improvement Area 4 ________________________ City of Chino Senate Bill 165 Report for Calendar Year 2022 25 Community Facilities District No. 2005-1 Improvement Area 4 2016 Special Tax Bonds
Senate Bill 165 shall be cited as the Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act requires that any local Special Tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the Special Tax, requires that the proceeds of the Special Tax be applied to those purposes, requires the creation of an account into which the proceeds shall be deposited, and requires an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001, in accordance with Sections 50075.1 and 53410 of the California Government Code.

Some of the requirements of the Act are handled at the formation (bond issuance) of the Special Tax District and others are handled through annual reports. This section of the report intends to comply with Sections 50075.3 and 53411 of the California Government Code which states:

The Chief Fiscal Officer of the issuing local agency shall file a report with its governing body no later than January 1, after the bonds have been issued and at least once a year thereafter. The annual report shall contain all of the following:
a. The amount of funds collected and expended.

Fiscal Year 2021-22 Revenues (1)
Special Taxes Levied $410,824
Less: Delinquency as of 6/30/2022 ($9,881)
Total Special Taxes Received $400,943
2021 Expenditures
Bond Interest – 3/1/2022 $89,378
Bond Interest – 9/1/2022 $89,378
Bond Principal – 9/1/2022 $175,000
Administrative Expenses (2) $12,840
Total Expenditures $366,596
City Held Fund Balance 6/30/2022 $514,433
(1) Amount Enrolled for the Fiscal Year 2021-22 to pay for Principal, Interest, Administrative Expenses, and Developer Reimbursement (upon request).
(2) Amount allocated to Administrative Expenses and may not have been expended in its entirety. b. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Section 53410.

The District contains approximately 55.91 net taxable acres and is divided into three zones. The District is located south of Edison Avenue, west of Euclid Avenue, north of Cypress Avenue, and lies on both sides of Eucalyptus Avenue.

The Public Facilities within the District are proposed to consist of backbone infrastructure needed for new development such as roadway, sewer, water, storm drain, street and parkway, curbs and gutters, traffic signals, dry utilities, landscaping improvements, and appurtenances and appurtenant work.

8.9.a
Community Facilities District Annual Reporting Packet Pg. 205

13. Community Facilities District No. 2005-1 Improvement Area 4 ________________________ City of Chino Senate Bill 165 Report for Calendar Year 2022 26 The following table shows the initial amount deposited to the Improvement Fund, the amount expended, the District’s June 30, 2022, Improvement Fund balance, and the project status:

Improvement Fund Balances as of June 30, 2022
District Name
Initial Amount Deposited
to Improvement Fund (1) Amount Expended
June 30, 2022
Balance Project Status
CFD No. 2005-1 IA 4 $6,011,932.90 $5,857,050.86 $154,882.04 In Progress (1) Includes Series 2016 initial deposit.

It is anticipated that Improvement Funds will be expended as Developer Reimbursement requests are made for approved facilities.

8.9.a
Community Facilities District Annual Reporting Packet Pg. 206

14. Community Facilities District No. 2005-2 _________________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2022 27 Community Facilities District No. 2005-2
2015 Special Tax Refunding Bonds
Senate Bill 165 shall be cited as the Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act requires that any local Special Tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the Special Tax, requires that the proceeds of the Special Tax be applied to those purposes, requires the creation of an account into which the proceeds shall be deposited, and requires an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001, in accordance with Sections 50075.1 and 53410 of the California Government Code.

Some of the requirements of the Act are handled at the formation (bond issuance) of the Special Tax District and others are handled through annual reports. This section of the report intends to comply with Sections 50075.3 and 53411 of the California Government Code which states:

The Chief Fiscal Officer of the issuing local agency shall file a report with its governing body no later than January 1, after the bonds have been issued and at least once a year thereafter. The annual report shall contain all of the following:
a. The amount of funds collected and expended.

Fiscal Year 2021-22 Revenues (1)
Special Taxes Levied $396,727
Less: Delinquency as of 6/30/2022 ($2,852)
Total Special Taxes Received $393,875
2020 Expenditures
Bond Interest – 3/1/2022 $85,875
Bond Interest – 9/1/2022 $85,875
Bond Principal – 9/1/2022 $175,000
Administrative Expenses(2) $9,657
Developer Reimbursement $36,990
Total Expenditures $393,397
City Held Fund Balance 6/30/2022 $310,283
(1) Amount Enrolled for the Fiscal Year 2021-22 to pay for Principal, Interest and Administrative Expenses. (2) Amount allocated to Administrative Expenses and may not have been expended in its entirety. b. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Section 53410.

The District is comprised of approximately 20 acres of land located in the City, within a master-planned community called The Preserve at Chino. The area is north of Bickmore Avenue, west of Rincon Meadows Avenue, and south of Kimball Avenue.

The District was formed to finance certain infrastructure improvements to support development within the District, including law enforcement, fire facilities, road, bridge, traffic signals, drainage, water storage and distribution, sewage collection and disposal, general public facilities, library, community center, open space, and park improvements.

The District is one of the four Local Obligations of the Chino Public Financing Authority (PFA) Local Agency Refunding Bonds, Series 2015A. The City of Chino PFA Marks-Roos Revenue Pool is also comprised of Community

8.9.a
Community Facilities District Annual Reporting Packet Pg. 207

14. Community Facilities District No. 2005-2 _________________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2022 28 Facilities District Nos. 2003-3 IA 2, 2005-1 IA 1, and 2006-2; please see separate reports for information regarding these Districts.

The following table shows the initial amount deposited to the Improvement Fund, the amount expended, the District’s June 30, 2022, Improvement Fund balance, and the project status:

Improvement Fund Balances as of June 30, 2022
District Name
Initial Amount Deposited
to Improvement Fund (1) Amount Expended
June 30, 2022
Balance Project Status
CFD No. 2005-2 $5,187,000.00 $5,187,000.00 $0.00 Completed (1) Includes Series 2006 initial deposit.

All improvements have been completed in the District. The Improvement Fund has been closed.

8.9.a
Community Facilities District Annual Reporting Packet Pg. 208

15. Community Facilities District No. 2006-1 _________________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2022 29 Community Facilities District No. 2006-1
2016 Special Tax Refunding Bonds
Senate Bill 165 shall be cited as the Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act requires that any local Special Tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the Special Tax, requires that the proceeds of the Special Tax be applied to those purposes, requires the creation of an account into which the proceeds shall be deposited, and requires an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001, in accordance with Sections 50075.1 and 53410 of the California Government Code.

Some of the requirements of the Act are handled at the formation (bond issuance) of the Special Tax District and others are handled through annual reports. This section of the report intends to comply with Sections 50075.3 and 53411 of the California Government Code which states:

The Chief Fiscal Officer of the issuing local agency shall file a report with its governing body no later than January 1, after the bonds have been issued and at least once a year thereafter. The annual report shall contain all of the following:
a. The amount of funds collected and expended.

Fiscal Year 2021-22 Revenues (1)
Special Taxes Levied $247,346
Less: Delinquency as of 6/30/2022 ($1,860)
Total Special Taxes Received $245,486
2021 Expenditures (2)
Bond Interest – 3/1/2022 $64,028
Bond Interest – 9/1/2022 $64,028
Bond Principal – 9/1/2022 $140,000
Administrative Expenses (3) $9,965
Surplus Fund Credit ($30,674)
Total Expenditures $247,347
City Held Fund (441) Balance 6/30/2021 $553,799
City Held Fund (841) Balance 6/30/2021 $267,887
(1) Amount enrolled for the Fiscal Year 2021-22 to pay for Principal, Interest and Administrative Expenses. (2) Due to available surplus funds, amount enrolled was less than projected expenditures. (3) Amount allocated to Administrative Expenses and may not have been expended in its entirety. b. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Section 53410.

The District is comprised of approximately 12.22 net acres of land located in the City and consists of Tract No. 17147. The area is located south of Kimball Avenue, west of W. Preserve Loop, north of Spring Hill Street, and east of Mill Creek Avenue.

The District was formed to fund backbone infrastructure needed for new development such as roadway, bridge, sewer, water, dry utilities, storm drain, street and parkway, curb and gutter, traffic signal, entry signage, appurtenances and appurtenant work, and development impact fees used by the City to construct infrastructure.

8.9.a
Community Facilities District Annual Reporting Packet Pg. 209

15. Community Facilities District No. 2006-1 _________________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2022 30 The following table shows the initial amount deposited to the Improvement Fund, the amount expended, the District’s June 30, 2022, Improvement Fund balance, and the project status:

Improvement Fund Balances as of June 30, 2022
District Name
Initial Amount Deposited
to Improvement Fund (1) Amount Expended
June 30, 2022,
Balance Project Status
CFD No. 2006-1 $3,904,374.96 $3,393,858.80 $510,516.16 Completed (1) Includes Series 2013 initial deposit.

It is anticipated that the remainder of the unclaimed Improvement Funds will be transferred to the City for the benefit of CFD No. 2006-1.

8.9.a
Community Facilities District Annual Reporting Packet Pg. 210

16. Community Facilities District No. 2006-2 _________________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2022 31 Community Facilities District No. 2006-2
2015 Special Tax Refunding Bonds
Senate Bill 165 shall be cited as the Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act requires that any local Special Tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the Special Tax, requires that the proceeds of the Special Tax be applied to those purposes, requires the creation of an account into which the proceeds shall be deposited, and requires an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001, in accordance with Sections 50075.1 and 53410 of the California Government Code.

Some of the requirements of the Act are handled at the formation (bond issuance) of the Special Tax District and others are handled through annual reports. This section of the report intends to comply with Sections 50075.3 and 53411 of the California Government Code which states:

The Chief Fiscal Officer of the issuing local agency shall file a report with its governing body no later than January 1, after the bonds have been issued and at least once a year thereafter. The annual report shall contain all of the following:
a. The amount of funds collected and expended.

Fiscal Year 2021-22 Revenues (1)
Special Taxes Levied $541,199
Less: Delinquency as of 6/30/2022 ($3,645)
Total Special Taxes Received $537,554
2021 Expenditures (2)
Bond Interest – 3/1/2022 $137,375
Bond Interest – 9/1/2022 $137,375
Bond Principal – 9/1/2022 $280,000
Administrative Expenses (3) $14,333
Surplus Fund Credit ($27,882)
Total Expenditures $541,201
City Held Fund Balance 6/30/2022 $609,231
(1) Amount Enrolled for the Fiscal Year 2021-22 to pay for Principal, Interest and Administrative Expenses. (2) Due to available surplus funds, amount enrolled was less than projected expenditures. (3) Amount allocated to Administrative Expenses and may not have been expended in its entirety. b. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Section 53410.

The District is comprised of approximately 28.87 net acres of land located in the City and consists of Tract No. 16953. The area is located north of Chino Avenue, east of Fern Avenue, south of E. Riverside Drive, and west of Euclid Avenue.

The District was formed to construct roadway, sewer, water, gas, storm drain, street and parkway, curb and gutter, traffic signals, bus shelters, entry signage, bicycle path improvements, and appurtenances and appurtenant work.

The District is one of the four Local Obligations of the Chino Public Financing Authority (PFA) Local Agency Refunding Bonds, Series 2015A. The City of Chino PFA Marks-Roos Revenue Pool is also comprised of Community Facilities District Nos. 2003-3 IA 2, 2005-1 IA 1, and 2005-2; please see separate reports for information regarding these Districts.

8.9.a
Community Facilities District Annual Reporting Packet Pg. 211

16. Community Facilities District No. 2006-2 _________________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2022 32 The following table shows the initial amount deposited to the Improvement Fund, the amount expended, the District’s June 30, 2022, Improvement Fund balance, and the project status:

Improvement Fund Balances as of June 30, 2022
District Name
Initial Amount Deposited
to Improvement Fund (1) Amount Expended
June 30, 2022
Balance Project Status
CFD No. 2006-2 $8,088,444.40 $8,088,444.40 $0.00 Completed (1) Includes Series 2006 initial deposit.

All improvements have been completed in the District. The Improvement Fund has been closed.

8.9.a
Community Facilities District Annual Reporting Packet Pg. 212

17. Community Facilities District No. 2006-3 _________________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2022 33 Community Facilities District No. 2006-3
2019 Special Tax Bonds
Senate Bill 165 shall be cited as the Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act requires that any local Special Tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the Special Tax, require that the proceeds of the Special Tax be applied to those purposes, require the creation of an account into which the proceeds shall be deposited, and require an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001, in accordance with Sections 50075.1 and 53410 of the California Government Code.

Some of the requirements of the Act are handled at the formation (bond issuance) of the Special Tax District and others are handled through annual reports. This section of the report intends to comply with Sections 50075.3 and 53411 of the California Government Code which states:

The Chief Fiscal Officer of the issuing local agency shall file a report with its governing body no later than January 1, after the bonds have been issued and at least once a year thereafter. The annual report shall contain all of the following:
a. The amount of funds collected and expended.

Fiscal Year 2021-22 Revenues (1)
Special Taxes Levied $331,256
Less: Delinquency as of 6/30/2022 ($1,809)
Total Special Taxes Received $329,447
2021 Expenditures (2)
Bond Interest – 3/1/2022 $86,791
Bond Interest – 9/1/2022 $86,791
Bond Principal – 9/1/2022 $150,000
Administrative Expenses(3) $9,994
Surplus Fund Credit ($2,319)
Total Expenditures $331,257
City Held Fund Balance 6/30/2022 $304,577
(1) Amount Enrolled for the Fiscal Year 2021-22 to pay for Principal, Interest and Administrative Expenses. (2) Due to available surplus funds, amount enrolled was less than projected expenditures. (3) Amount allocated to Administrative Expenses and may not have been expended in its entirety. b. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Section 53410.

The District is comprised of approximately 36.57 gross acres of land located in the City and consists of Tract No. 17055. The area is located north of Pine Avenue, east of Mill Creek Avenue, south of Bickmore Avenue, and west of W. Preserve Loop.

The District was formed to fund backbone infrastructure needed for new development such as: storm drain, sewer, water, street improvements, traffic signals, public park improvements, landscaping, and appurtenances and appurtenant work as well as certain development impact fees used by the City to construct infrastructure.

The District is one of two Local Obligations of the Chino Public Financing Authority (PFA) Local Agency Refunding Bonds, Series 2019A. The City of Chino PFA Marks-Roos Revenue Pool is also comprised of Community Facilities District No. 2005-1 IA 2; please see separate report for information regarding this District.

8.9.a
Community Facilities District Annual Reporting Packet Pg. 213

17. Community Facilities District No. 2006-3 _________________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2022 34 The following table shows the initial amount deposited to the Improvement Fund, the amount expended, the District’s June 30, 2022, Improvement Fund balance, and the project status:

Improvement Fund Balances as of June 30, 2022
District Name
Initial Amount Deposited
to Improvement Fund (1) Amount Expended
June 30, 2022
Balance Project Status
CFD No. 2006-3 $4,920,905.05 $4,248,093.37 $672,811.68 In Progress (1) Includes Series 2013 initial deposit.

It is anticipated that Improvement Funds will be expended as Developer Reimbursement requests are made for approved facilities.

8.9.a
Community Facilities District Annual Reporting Packet Pg. 214

18. Community Facilities District No. 2009-1 _________________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2022 35 Community Facilities District No. 2009-1
2021 Special Tax Refunding Bonds
Senate Bill 165 shall be cited as the Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act requires that any local Special Tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the Special Tax, requires that the proceeds of the Special Tax be applied to those purposes, requires the creation of an account into which the proceeds shall be deposited, and requires an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001, in accordance with Sections 50075.1 and 53410 of the California Government Code.

Some of the requirements of the Act are handled at the formation (bond issuance) of the Special Tax District and others are handled through annual reports. This section of the report intends to comply with Sections 50075.3 and 53411 of the California Government Code which states:

The Chief Fiscal Officer of the issuing local agency shall file a report with its governing body no later than January 1, after the bonds have been issued and at least once a year thereafter. The annual report shall contain all of the following:
a. The amount of funds collected and expended.

Fiscal Year 2021-22 Revenues (1)
Special Taxes Levied $834,780
Less: Delinquency as of 6/30/2022 $0
Total Special Taxes Received $834,780
2021 Expenditures (2)
Bond Interest – 3/1/2022 $142,339
Bond Interest – 9/1/2022 $142,339
Bond Principal – 9/1/2022 $550,000
Administrative Expenses (3) $5,511
Surplus Fund Credit ($5,408)
Total Expenditures $834,781
City Held Fund Balance 6/30/2022 $795,532
(1) Amount Enrolled for the Fiscal Year 2021-22 to pay for Principal, Interest and Administrative Expenses. (2) Due to available surplus funds, amount enrolled was less than projected expenditures. (3) Amount allocated to Administrative Expenses and may not have been expended in its entirety.

b. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Section 53410.

The District is comprised of approximately 59 acres of land, all of which are taxable, and is located in the City south of Kimball Avenue, west of Euclid Avenue, and is intersected by Fern and Bickmore Avenues.

The District was formed to finance backbone infrastructure needed for new development, such as roadway, bridge, sewer, water, reclaimed water, dry utilities, storm drain, street and parkway landscaping, curb and gutter, medians, median landscaping, traffic signals, entry signage, parks, trails, fire facilities, library and public community facilities, appurtenances and appurtenant work, and development impact fees that are used by the City to construct infrastructure.

This District is one of the six Local Obligations of the City of Chino Public Financing Authority (PFA) Refunding Bonds, Series of 2021A. The City of Chino PFA Marks−Roos Revenue Pool is also comprised of Community Facilities

8.9.a
Community Facilities District Annual Reporting Packet Pg. 215

18. Community Facilities District No. 2009-1 _________________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2022 36 District Nos. 2001−1, 2003−1, 2003−2, 2003−3 IA 1, and 2003−4; please see separate reports for information regarding these Districts.

The following table shows the initial amount deposited to the Improvement Fund, the amount expended, the District’s June 30, 2022, Improvement Fund balance, and the project status:

Improvement Fund Balances as of June 30, 2022
District Name
Initial Amount Deposited
to Improvement Fund (1) Amount Expended
June 30, 2022
Balance Project Status
CFD No. 2009-1 $11,034,467.00 $11,034,467.00 $0.00 Completed (1) Includes Series 2010 initial deposit.

All improvements have been completed in the District. The Improvement Fund has been closed.

8.9.a
Community Facilities District Annual Reporting Packet Pg. 216

19. Community Facilities District No. 2016-1 _________________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2022 37 Community Facilities District No. 2016-1
2020 Special Tax Bonds
Senate Bill 165 shall be cited as the Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act requires that any local Special Tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the Special Tax, requires that the proceeds of the Special Tax be applied to those purposes, requires the creation of an account into which the proceeds shall be deposited, and requires an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001, in accordance with Sections 50075.1 and 53410 of the California Government Code.

Some of the requirements of the Act are handled at the formation (bond issuance) of the Special Tax District and others are handled through annual reports. This section of the report intends to comply with Sections 50075.3 and 53411 of the California Government Code which states:

The Chief Fiscal Officer of the issuing local agency shall file a report with its governing body no later than January 1, after the bonds have been issued and at least once a year thereafter. The annual report shall contain all of the following:
c. The amount of funds collected and expended.

Fiscal Year 2021-22 Revenues (1)
Special Taxes Levied $532,155
Less: Delinquency as of 6/30/2022 ($9,563)
Total Special Taxes Received $522,592
2020 Expenditures (2)
Bond Interest – 3/1/2022 $174,272
Bond Interest – 9/1/2022 $174,272
Bond Principal – 9/1/2022 $175,000
Administrative Expenses(3) $8,612
Total Expenditures $532,156
City Held Fund Balance 6/30/2022 $376,082
(1) Amount Enrolled for the Fiscal Year 2021-22 to pay for Principal, Interest and Administrative Expenses. (2) Due to available surplus funds, amount enrolled was less than projected expenditures. (3) Amount allocated to Administrative Expenses and may not have been expended in its entirety. d. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Section 53410.

The District is comprised of approximately 18.42 gross acres of land located in the City and consists of Tract No. 18858. The area is located north of Bickmore Avenue and east of Euclid Avenue.

The District was formed to finance certain backbone infrastructure required in connection with the previous development of property within the District, including street, landscaping, bridge, storm drain, sewer, water, dry utilities infrastructure improvements, design and construction of monumentation, and traffic signal installation.

The following table shows the initial amount deposited to the Improvement Fund, the amount expended, the District’s June 30, 2022, Improvement Fund balance, and the project status:

8.9.a
Community Facilities District Annual Reporting Packet Pg. 217

19. Community Facilities District No. 2016-1 _________________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2022 38 Improvement Fund Balances as of June 30, 2022
District Name
Initial Amount Deposited
to Improvement Fund (1) Amount Expended
June 30, 2022
Balance Project Status
CFD No. 2016-1 $9,600,000.00 $4,420,907.98 $5,179,092.02 In Progress (1) Includes Series 2017 initial deposit.

It is anticipated that Improvement Funds will be expended as Developer Reimbursement requests are made for approved facilities.

8.9.a
Community Facilities District Annual Reporting Packet Pg. 218

20. Community Facilities District No. 2016-2 _________________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2022 39 Community Facilities District No. 2016-2
2017 Special Tax Bonds
Senate Bill 165 shall be cited as the Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act requires that any local Special Tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the Special Tax, requires that the proceeds of the Special Tax be applied to those purposes, requires the creation of an account into which the proceeds shall be deposited, and requires an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001, in accordance with Sections 50075.1 and 53410 of the California Government Code.

Some of the requirements of the Act are handled at the formation (bond issuance) of the Special Tax District and others are handled through annual reports. This section of the report intends to comply with Sections 50075.3 and 53411 of the California Government Code which states:

The Chief Fiscal Officer of the issuing local agency shall file a report with its governing body no later than January 1, after the bonds have been issued and at least once a year thereafter. The annual report shall contain all of the following:
e. The amount of funds collected and expended.

Fiscal Year 2021-22 Revenues (1)
Special Taxes Levied $493,438
Less: Delinquency as of 6/30/2022 ($3,558)
Total Special Taxes Received $489,880
2020 Expenditures (2)
Bond Interest – 3/1/2022 $161,213
Bond Interest – 9/1/2022 $161,213
Bond Principal – 9/1/2022 $160,000
Administrative Expenses (3) $12,744
Surplus Fund Credit ($1,730)
Total Expenditures $493,440
City Held Fund Balance 6/30/2022 $400,446
(1) Amount Enrolled for the Fiscal Year 2021-22 to pay for Principal, Interest and Administrative Expenses. (2) Due to available surplus funds, amount enrolled was less than projected expenditures. (3) Amount allocated to Administrative Expenses and may not have been expended in its entirety. f. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Section 53410.

The District is comprised of approximately 39.10 gross acres of land located in the City and consists of Tract Nos. 18971-1 and 18972. The area is located north of Eucalyptus Avenue, between San Antonio Avenue and Euclid Avenue.

The District was formed to fund backbone infrastructure needed for new development such as roadway, bridge, sewer, water, reclaimed water, dry utilities, storm drain, street and parkway, landscaping, curb and gutter, medians, median landscaping, traffic signals, entry signage, parks, trails, fire facilities, library facilities and public community facilities, and appurtenances and appurtenant work.

8.9.a
Community Facilities District Annual Reporting Packet Pg. 219

20. Community Facilities District No. 2016-2 _________________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2022 40 The following table shows the initial amount deposited to the Improvement Fund, the amount expended, the District’s June 30, 2022, Improvement Fund balance, and the project status:

Improvement Fund Balances as of June 30, 2022
District Name
Initial Amount Deposited
to Improvement Fund (1) Amount Expended
June 30, 2022
Balance Project Status
CFD No. 2016-2 $7,191,422.32 $3,785,089.61 $3,406,332.71 In Progress (1) Includes Series 2017 initial deposit.

It is anticipated that Improvement Funds will be expended as Developer Reimbursement requests are made for approved facilities.

8.9.a
Community Facilities District Annual Reporting Packet Pg. 220

21. Community Facilities District No. 2019-1 _________________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2022 41 Community Facilities District No. 2019-1
2020 Special Tax Bonds
Senate Bill 165 shall be cited as the Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act requires that any local Special Tax/local bond measure subject to voter approval contain a statement indicating the specific purposes of the Special Tax, requires that the proceeds of the Special Tax be applied to those purposes, requires the creation of an account into which the proceeds shall be deposited, and requires an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001, in accordance with Sections 50075.1 and 53410 of the California Government Code.

Some of the requirements of the Act are handled at the formation (bond issuance) of the Special Tax District and others are handled through annual reports. This section of the report intends to comply with Sections 50075.3 and 53411 of the California Government Code which states:

The Chief Fiscal Officer of the issuing local agency shall file a report with its governing body no later than January 1, after the bonds have been issued and at least once a year thereafter. The annual report shall contain all of the following:
g. The amount of funds collected and expended.

Fiscal Year 2021-22 Revenues (1)
Special Taxes Levied $596,778
Less: Delinquency as of 6/30/2022 ($4,379)
Total Special Taxes Received $592,399
2020 Expenditures
Bond Interest – 3/1/2022 $203,300
Bond Interest – 9/1/2022 $203,300
Bond Principal – 9/1/2022 $180,000
Administrative Expenses (2) $10,179
Total Expenditures $596,779
City Held Fund Balance 6/30/2022 $423,695
(1) Amount Enrolled for the Fiscal Year 2021-22 to pay for Principal, Interest and Administrative Expenses. (2) Amount allocated to Administrative Expenses and may not have been expended in its entirety. h. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Section 53410.

The District is comprised of approximately 20.48 gross acres of land located north of Bickmore Avenue, between Sultana Avenue and Rincon Meadows Avenue.

The District was formed to finance certain backbone infrastructure required in connection with the previous development of property within the District, including new development, such as roadway, bridge, sewer, water, reclaimed water, dry utilities, storm drain, street and parkway landscaping, curb and gutter, medians, median landscaping, traffic signals, entry signage, parks, trails, fire facilities, library facilities and public community facilities, appurtenances and appurtenant work, and development impact fees that are used by the City to construct infrastructure.

8.9.a
Community Facilities District Annual Reporting Packet Pg. 221

21. Community Facilities District No. 2019-1 _________________________________________ City of Chino Senate Bill 165 Report for Calendar Year 2022 42 The following table shows the initial amount deposited to the Improvement Fund, the amount expended, the District’s June 30, 2022, Improvement Fund balance, and the project status:

Improvement Fund Balances as of June 30, 2022
District Name
Initial Amount Deposited
to Improvement Fund Amount Expended
June 30, 2022
Balance Project Status
CFD No. 2019-1 $9,719,861.89 $8,640,235.72 $1,079,626.17 In Progress It is anticipated that Improvement Funds will be expended as Developer Reimbursement requests are made for approved facilities.

8.9.a
Community Facilities District Annual Reporting Packet Pg. 222

8.9.a
Community Facilities District Annual Reporting Packet Pg. 223 Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: DECEMBER 6, 2022
TO: LINDA REICH, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR SUBJECT: FIRE SUPPRESSION FACILITIES, VEHICLES AND EQUIPMENT

DEVELOPMENT IMPACT FEE CREDIT FINAL RECONCILIATION - CHINO DEVELOPMENT CORPORATION.

RECOMMENDATION
1) Authorize Fire Suppression Facilities, Vehicles and Equipment Development Impact Fee credit in the amount of $781,267.65 per the terms of Construction Credit Agreement No. 2021- 086 with Chino Development Corporation for the Kimball Avenue Fire Station No. 63; 2) apply the authorized credit amount to the remaining balance owed per the terms of the agreement bringing a zero balance forward, thus, fulfilling the City’s credit obligation to Chino Development Corporation; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.

FISCAL IMPACT
Staff prepared a detailed review for the Fire Suppression Facilities, Vehicles and Equipment Development Impact Fee credits issued to the developer for its multiple development projects in The Preserve over the last year. It was determined that $881,660.23 in development impact fee credit was issued to Chino Development Corporation, which exceeds the balance owed to the developer in the amount of $781,267.65. Consequently, staff issued an invoice to Chino Development Corporation in the amount of $100,392.58 for the over issuance of credit, which has been paid in full.

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
· Responsible Long-Range Planning

8.10 CONSENT CALENDAR Packet Pg. 224
COUNCIL MEETING DATE: DECEMBER 6, 2022
SUBJECT: FIRE SUPPRESSION FACILITIES, VEHICLES AND EQUIPMENT

DEVELOPMENT IMPACT FEE CREDIT FINAL RECONCILIATION - CHINO DEVELOPMENT

CORPORATION
PAGE 2

BACKGROUND
On June 1, 2004, the City entered into the Preserve Development Agreement (“DA”) with Chino Holding Company, Chino Preserve Development Corporation, and Chino Development Corporation collectively referred to as “Lewis.” The DA required Lewis to construct a fire station in the Preserve Specific Plan area to the satisfaction of the City and the Chino Valley Independent Fire District.

Subsequently, the Planning Commission approved Site Approval 2004-04 for the construction of a 10,667 square-foot fire station facility on 1.2-acres within the Airport Development zone at 7550 Kimball Avenue, which is now Station 63.

Station 63 was satisfactorily constructed to meet City specifications, and was formally accepted as complete by the City Council on August 5, 2008. In conjunction with the formal acceptance of the fire station, the City Council approved a credit agreement between the City and Lewis (“Agreement”) attached as Exhibit 1. Pursuant to the terms of the Agreement, Lewis will receive fire development impact fee credit for the actual validated costs in amount not to exceed $5,235,616.00.

The Station is a master-planned facility and is included in the City’s Preserve and Citywide Fire Suppression Facilities, Vehicles and Equipment Development Impact Fee (“DIF”) program. The DIF Ordinance provides that if, as a condition of approval of a development project, a developer constructs a public facility identified in the DIF Nexus and Calculation Report, for which a DIF is imposed, the Developer shall be eligible to receive reimbursement and a fee credit toward the DIF imposed on the development project for the same type of public facility so constructed and shall be entitled to credit for eligible costs of constructing the public facilities.

ISSUES/ANALYSIS
The City Engineer reviewed the final accepted/approved as-built plans, specifications and supporting documentation and determined that $5,235,616 (“the Validated Costs”) is eligible for Fire Suppression Facilities, Vehicles and Equipment DIF credit. The Developer received credits in the Preserve for multiple residential and commercial development projects in the amount of $4,454,348.35, which was deducted from the Validated Costs mentioned above, bringing a balance still owed to Lewis in the amount of $781,267.65 per the Fiscal Year 2020-21 annual reconciliation.

For Fiscal Year 2021-22, City staff performed a detailed review of the credits issued to the developer for its multiple development projects in The Preserve, which is outlined in Exhibit 2.

During staff’s annual Fire Suppression Facilities, Vehicles and Equipment DIF credit reconciliation, it was determined that $881,660.23 in DIF credit was issued to Lewis over the last year, which exceeds the balance owed in the amount of $781,267.65. Therefore, staff issued an invoice to Lewis in the amount of $100,392.58 for the over issuance of credit, which has been paid in full. The remaining balance owed to LMC moving forward is now zero, thus fulfilling the terms of the agreement.

The City and its staff continue to work with developers in the construction and financing of master planned facilities such as Fire Station 63. These types of improvements are part of the City’s long range planning efforts to ensure the orderly development of The Preserve Specific Plan area. In addition, the City’s goal of sustaining financial stability and integrity in the implementation of the DIF program would be achieved through the continued efforts to fulfill the

8.10 CONSENT CALENDAR Packet Pg. 225
COUNCIL MEETING DATE: DECEMBER 6, 2022
SUBJECT: FIRE SUPPRESSION FACILITIES, VEHICLES AND EQUIPMENT

DEVELOPMENT IMPACT FEE CREDIT FINAL RECONCILIATION - CHINO DEVELOPMENT

CORPORATION
PAGE 3
terms of the Agreement.

Attachments:

Exhibit 1 - Construction Credit Agreement
Exhibit 2 - Credit Reconciliation

8.10 CONSENT CALENDAR Packet Pg. 226
i d

CERTIFICATE
OF

EXECUTIVE VICE PRESIDENT/ CHIEF FINANCIAL OFFICER
OF

CHINO DEVELOPMENT CORPORATION
The undersigned hereby certifies the following:

1. The document attached to this certification is a true and redacted copy of a resolution adopted by Unanimous Written Consent of the Board of Directors of Chino Development Corporation, effective as of September 12, 2003, and the same has not been revoked, modified, or amended with respect to the matters for which this Certificate has been requested; and

2. I, John M. Goodman, Executive Vice President/ Chief Financial Officer of Chino Development Corporation, ( the" Corporation") certify that, as of the date of this Certificate, the individual named below holds office with the Corporation set forth beside his name and the signature beside the name of the individual is the true signature of that individual.

Signat a / Name Office Held

1. Bryan T. Goodman Senior Vice President
Certi led 07/ 28/ 2020
Jo
cutive
Goodman
Vice President/CFO, of Chino
Development Corporation
a California Corporation

8.10.a
Fire DIF Credits - Lewis (Final True-Up) Packet Pg. 227

UNANIMOUS WRITTEN CONSENT
OF THE

BOARD OF DIRECTORS OF

CHINO DEVELOPMENT CORPORATION

A CALIFORNIA CORPORATION
The undersigned Directors of Chino Development Corporation, a California corporation the " Corporation"), have consented to taking the following actions and adopting the following resolutions pursuant to Section 307( b) of the California Corporations Code and Section 3. 11 of Article 3 of the Bylaws of the corporation:

REDACTED)
NOW THEREFORE BE IT RESOLVED that Richard A. Lewis, Corporate President, Robert E. Lewis, Executive Vice President, Roger G. Lewis, Executive Vice President/Assistant Secretary, Randall W. Lewis, Executive Vice President, John M.

Goodman, Senior Vice President/ Chief Financial Officer, or David R. Lewis, Vice President individually, a" Senior Officer" and collectively, the" Senior Officers") each one acting alone be, and each one acting alone hereby is, authorized and empowered to act for and on behalf of and in the name of the Corporation as its corporate act and deed, in connection with ANY AND ALL OF the business activities of the Corporation including, without limitation: ( 1) to negotiate and enter into acquisition, development, construction, marketing, and sale or lease agreements for the acquisition, development, construction, marketing, and sale or leasing of real property in connection with such business activities; 2) to amend any such acquisition, development, construction, marketing, and sale or lease agreements to better reflect the understanding of the parties; ( 3) to appear before governmental and quasi- governmental bodies, boards, and agencies to obtain governmental permits and other approvals In connection with the business activities of the Corporation; ( 4) to negotiate and enter into construction and permanent loans and loan commitments and agreements ( collectively, " Loans") to be secured by specifically CDC: COMPREHENSIVE RESOLUTION 1- September 12, 2003

8.10.a
Fire DIF Credits - Lewis (Final True-Up) Packet Pg. 228 designated real property (" Real Property") of the Corporation with institutional lenders collectively, " Lenders") such as banks, savings and loan associations; insurance companies, state and federal agencies, and the like;( 5) to execute and deliver to Lenders such notes or other evidences of indebtedness of the Corporation for such Loans, as a particular Lender may require, and to execute and deliver, from time to time, renewals or extensions of such notes or other evidences of Indebtedness; ( 6) to grant a security interest in, transfer, or otherwise hypothecate or deed in trust for a particular Lender' s benefit and deliver by such instruments in writing or otherwise as may be demanded by the Lender, the Real Property and any of the other real or personal property of the Corporation used in connection with the Real Property as may be required by the Lender to secure the payment of any notes or other indebtedness of the Corporation to the Lender,( 7) to amend any such notes, deeds of trust, or other agreements to reflect better the understanding of the parties; ( 8) to perform all other acts and execute and deliver all other instruments which any Senior Officer acting alone may deem necessary to carry out the purposes of the resolutions set forth in this Unanimous Consent; and ( 9) to perform, acting alone, each of the specific actions described in the resolution entitled Comprehensive Authorization", as such resolution is either set forth below or adopted at some later time, in the name, and for and on behalf of the Corporation; moreover, any Senior Officer may, in executing any documents or in taking any actions as authorized by this section, identify himself or herself by his or her then current corporate title or as an Authorized Agent" and any Senior Officer designated in this section as an Authorized Agent may delegate to another, and is authorized and empowered to substitute another for himself or herself, with full powers In such substitution to act In his or her stead in the same manner as if such delegate had been named herein as an Authorized Agent.

BE IT FURTHER RESOLVED that the signature of any single Senior Officer on. any acquisition agreement, development agreement, construction agreement, marketing agreement, sale or lease agreement, or other instrument or agreement executed in connection with the business affairs of the Corporation shall conclusively be deemed to be evidence of his or her approval on behalf of the Corporation, of such acquisition agreement, development agreement, construction agreement, marketing agreement, sale or lease agreement or other instrument or agreement;

REDACTED)
CDC: COMPREHENSIVE RESOLUTION 2- September 12, 2003

8.10.a
Fire DIF Credits - Lewis (Final True-Up) Packet Pg. 229

REDACTED)
CDC: COMPREHENSIVE RESOLUTION 3- September 12, 2003
1 8.10.a
Fire DIF Credits - Lewis (Final True-Up) Packet Pg. 230

REDACTED)
CDC: COMPREHENSIVE RESOLUTION 0- September 12, 2003

8.10.a
Fire DIF Credits - Lewis (Final True-Up) Packet Pg. 231

REDACTED)
This Unanimous Written Consent may be executed by the several members of the Board of Directors in multiple counterparts. All of the counterparts, or signed signature pages thereof attached to one counterpart, shall constitute the appropriate approval of this Unanimous Written Consent and shall be filed in the Book Minute of the Corporation.

This Unanimous ' en Consent is executed to p
ve eptember 12, 2003.

Richard A. Lew o s
Ublil IA Robert E. Lewis Randall W. Lewis
J•kif M. Goodman
CDC: COMPREHENSIVE RESOLUTION 5- September 12, 2003

8.10.a
Fire DIF Credits - Lewis (Final True-Up) Packet Pg. 232 Contract No.: ZOO.. 1 -- b 8 6
Approval Date: — i Z ) Z 0 .4 Zed

CONSTRUCTION CREDIT AGREEMENT

THE PRESERVE FIRE SUPPRESSION, VEHICLES & EQUIPMENT

DEVELOPMENT IMPACT FEE PROGRAM
KIMBALL AVENUE NO. 63)
This CONSTRUCTION CREDIT AGREEMENT (" Agreement") is entered into this 2I s` day of July 2020 (` Effective Date"), by and between CITY OF CHINO, a California municipal corporation (" City"), and CHINO DEVELOPMENT CORPORATION, a California corporation Developer"). City and Developer are sometimes hereinafter referred to individually as " Party" and jointly as " Parties".

RECITALS
A. Pursuant to that certain Preserve Development Agreement No. 2004- 073 effective July 1, 2004, Developer is required to design and construct a fire station in the Preserve Specific Plan area to the satisfaction of the City and the Chino Valley Independent Fire District as a condition precedent to obtaining development approvals.

B. The Chino Planning Commission approved Site Approval 2004- 04 for the construction of a 10, 667 square- foot fire station facility on 1. 2- acres owned by the County of San Bernardino within the Airport Development zone ( the " Project"). The Project is located on the north side of Kimball Avenue, west of Bon View Avenue.

C. Developer has completed all work required in connection with the design and construction of the Project according to the specifications of the City and under the inspection of, and to the satisfaction of the City Engineer of the City. The Project was formally accepted by the City Council on August 5, 2008.

D. Developer received Community Facilities District proceeds as set forth in the Fire Fees Credit Reconciliation ( defined in Section 2. 2 below) to fund of the Project pursuant to the requirements set forth in Acquisition Agreement 2004- 059. Developer is ineligible to receive additional cash reimbursements through other publicly funded programs.

E. The Project is a master- planned facility and is included in the City' s Development Impact Fee ( DIF) program. The Project is eligible for DIF credit per the Chino Municipal Code, Chapters 3. 45 entitled " Preserve Development Impact Fees" ( the " DIF Ordinance").

F. The DIF Ordinance provides that if, as a condition of approval of a development project, a developer constructs a public facility identified in the Nexus Reports, for which a development impact fee is imposed, Developer shall be eligible to receive a fee credit toward the 30- 20v2

8.10.a
Fire DIF Credits - Lewis (Final True-Up) Packet Pg. 233 DIFs imposed on the Project for the same type of public facility so constructed, and shall be entitled to credit for eligible costs of constructing the public facility, provided that developer complies with the requirements of the DIF Ordinance as it may be amended from time to time. The DIF Ordinance specifically requires that the developer and City enter into a credit agreement.

Ci. City and Developer desire to enter into this Agreement for the following purposes:
i) to provide the methodology for establishing the D1F credit amount to which Developer is entitled against Fire. Fees ( defined in Section 2. 2 below) and ( ii) to establish the requirements for Developer' s transfer or application of all or any portion of such credits to a third party.

NOW, THEREFORE, for the purposes set forth herein, Developer and City hereby agree as follows:

AGREEMENT:

1. Incorporation of Recitals. The Parties hereby affirm the facts set forth in the Recitals above and agree to the incorporation of the Recitals as though fully set forth herein.

2. Preserve DIF Credit.

2. 1 DIF Ordinance Credit Amount. The City Engineer has determined that the total costs of the Project that are eligible for credit pursuant to the DIF Ordinance is to he Five Million Two Hundred Thirty- Five Thousand Six Hundred Sixteen Dollars ($ 5, 235, 616. 00) Total DIF Cost").

2. 2 Past Project Credits. City previously issued to Developer or its assignees project credit in the amount of Four Million One Hundred Five Thousand One Hundred SeventyOne Dollars ($ 4, 105, 171. 00) against The Preserve Fire Suppression Facilities, Vehicles and Equipment DIF (" Fire Fees") otherwise due and payable within that certain real property owned by Developer and/ or its affiliates as more particularly described on Exhibit I attached hereto and made a part hereof (" Developer' s Properties") pursuant to the DIF Ordinance (" Past Project Credit"), as more particularly set forth in Exhibit 2 titled '` Fire Fees Credit Reconciliation" attached hereto and made part of hereof.

2. 3 Future Project Credits. An amount equal to the Total DIF Cost less the Past Project Credit ( the " Fire Credit Amount"), namely One Million One Hundred Thirty Thousand Four Hundred Forty- Five Dollars ($ 1, 130, 44.5. 00), remains to he credited to Developer for future Preserve DIF Fire Fees otherwise due and payable by Developer anywhere within the Developer' s Properties (' Credits"). Any Credits used by the Developer toward any future project on the Developer' s Properties shall be applied against the amount of the Preserve DIF Fire Fees at the time the Developer becomes liable for its payment.

2. 4 Annual Reconciliation. On the first business day on or following each July 1st commencing on July 1, 2021, City and Developer representatives shall meet for the purpose ascertaining the amount of the Credits issued by City to the Developer from Preserve DIF Fire Fees for Developer' s Properties. City and Developer shall prepare a document that reconciles the amount of Credits taken by the Developer attributable to the prior calendar year that shall be approved by the City Council. When approved by the City Council said reconciliation document o- 3o- 2ov2

8.10.a
Fire DIF Credits - Lewis (Final True-Up) Packet Pg. 234 shall constitute a revision of Fire Credit Amount then remaining and it shall be binding on the Parties.

3. DIF Addendum. Developer shall have the right to assign all or portions of the Credit Amount in accordance with the requirements specified in the DIF Credit Addendum attached hereto as Exhibit 3, which assignment will require City' s written acknowledgement.

Developer understands that strict compliance with the assignment restrictions is critical to allow City to track the total amount of Credits previously applied and remaining and Developer' s failure to comply with the assignment requirements in the DIF Credit Addendum may result in delays in the processing of Credit assignments by the City.

4. Assignment. Developer may assign this Agreement to a third party subject to the approval of City' s Director of Development Services in his reasonable discretion. If Developer desires to assign this Agreement, Developer shall provide detailed information as to the proposed assignee as requested by City.

5. Miscellaneous.

5. 1 Relationship between the Parties. The Parties hereby mutually agree that this Agreement shall not operate to create the relationship of partnership, joint venture, or agency between City and Developer. Developer' s contractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall he deemed to make Developer or its contractors an agent or contractor of City.

5. 2 Authority to Enter Agreement. Each person executing this Agreement on behalf of Developer represents and warrants that he or she has the legal power, right and authority to execute this Agreement on behalf of Developer and that this Agreement is binding upon Developer.

5. 3 Notices. Any notice, demand, request, consent, approval, or communication either Party desires or is required to give to the other Party or any person shall be in writing and either served personally, communicated electronic mail ( with a receipt requested), or sent by prepaid, first- class mail to the address set forth below. Notice shall be deemed communicated immediately upon personal delivery, fax or email receipt, or forty- eight ( 48) hours from the time of mailing if mailed as provided in this Section:

To City: City of Chino
13220 Central Avenue
Chino, CA 91710
Attn: Nicholas S. Liguori, AICP
Director of Development Services
Email: nliguori' o citvofchino. oru
With Copy to: Aleshire & Wynder, LLP
188881 Von Karman Ave., Suite 1700
Irvine, CA 92612
Attn: Fred Galante, Esq.

Email: (`s. Il an1Q.. awattoine`_s_com.
3 0- 10- 2ov2

8.10.a
Fire DIF Credits - Lewis (Final True-Up) Packet Pg. 235 To Developer: Chino Development Corporation
1 156 North Mountain Avenue
Upland, CA 91786
Attn: Mr. Bryan T. Goodman
With a
copy to: Lewis Management Corp.
1 156 North Mountain Avenue
Upland, CA 91786
Attn: Jay Dupre, Esc]
Email: jj.dupre@lewismc. com

5. 4 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.

5. 5 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and executed by both Parties.

5. 6 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise.

5. 7 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation.

5. 8 No Third- Party Beneficiaries. There are no intended third- party beneficiaries of any right or obligation assumed by the Parties.

5. 9 Invalidity; Severability. 11' any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

5. 10 Governing Law; Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties' activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of San Bernardino, California.

5. 11 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument.

5. 12 City Officers and Employees. No officer or employee of City shall be personally liable to Developer or any successors in interest in the event of any default or breach by City or for any amount that may become due to Developer or any successor( s) in interest or for breach of any obligation of the terms of this Agreement. No officer or employee of Developer 4 r,- 10- 2ov2

8.10.a
Fire DIF Credits - Lewis (Final True-Up) Packet Pg. 236 shall he personally liable to City or any successor( s) in interest in the event of any default or breach by Developer or for any amount that may become due to City or their successors in interest or for breach of any obligation of the terms of this Agreement.

5. 13 Entire Agreement. This Agreement contains the entire agreement between City and Developer and supersedes any prior oral or written statements or agreements between City and Developer.

5. 14 Exhibits. The following exhibits are attached hereto and incorporated herein by reference:

Exhibit 1 List of Developer' s Properties
Exhibit 2 Fire Fees Credit Reconciliation
Exhibit 3 DIF Credit Addendum
SIGNATURES ON FOLLOWING PAGE]
5 b- 30- 20v2

8.10.a
Fire DIF Credits - Lewis (Final True-Up) Packet Pg. 237 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.

DEVELOPER" CITY"

CHINO DEVELOPMENT

CORPORATION,
a California corporation
By: CITY OF CHINO, a municipal corporation
NameIts: thoriz d Agent
By:

By: Matth Ilantyne
Name: City anager
Its: Authorized Agent
DATED: / 6• ' 1 , 2020
ATTEST:

Angela bles, City Clerk
APP VED AS TO CONTENT:

Nicholas S. L guori, AICP
Director of evelopment Services
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
By:

Fred Galante, City Attorney
DEVELOPER: TWO PERSONS AUTHORIZED BY THE APPLICABLE ENTITY FORMATION DOCUMENTS SHALL EXECUTE THIS AGREEMENT. COPIES OF

APPLICABLE DOCUMENTS EVIDENCING SUCH AUTHORITY SHALL BE PROVIDED TO CITY. DEVELOPER SIGNATURES SHALL BE DULY NOTARIZED,

AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE APPLICABLE FORMATION DOCUMENTS FOR THE ENTITY. 6 6- 30- 20v2

8.10.a
Fire DIF Credits - Lewis (Final True-Up) Packet Pg. 238 DocuSign Envelope ID: D45BE860- BC49- 4FEE- BB8B- 274B6B8C8160 IN WITNESS WI-IF;RFOF, the Parties hereto have executed this Agreement as of the day and year first above written.

DEVELOPER" CITY"

CHINO DEVELOPMENT

CORPORATION,
a California corporation
By: _ t!' CITY OF CHINO, a municipal corporation
Name• yG,„
Its: thorize Agent
By:

By: Matthew C. l3allantyne
Name: City Manager
Its: Authorized Agent
DATED 2020
ATTEST:

Angela Robles, City Clerk
APPI OVED AS TO CONTENT:

Nicholas S. L guori, AICP
Director of . evelopment Services
APPROVED AS TO FORM:

ALEsSI- IIRE & WYNDER, LLP
DocuSigned by:

By: t- 7DIIFS F77-
Fred Galante, City Attorney
DEVELOPER: TWO PERSONS AUTHORIZED BY THE APPLICABLE ENTITY FORMATION DOCUMENTS SHALL EXECUTE THIS AGREEMENT. COPIES OF

APPLICABLE DOCUMENTS EVIDENCING SUCH AUTHORITY SHALL BE PROVIDED TO CITY. DEVELOPER SIGNATURES SHALL BE DULY NOTARIZED,

AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE APPLICABLE FORMATION DOCUMENTS FOR TIIE ENTITY. 6 c,-30- 20v2

8.10.a
Fire DIF Credits - Lewis (Final True-Up) Packet Pg. 239

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of San Bernardino
On July 21, 2020 before me, Tanya K. Nesmith, Notary Public insert name and title of the officer)
personally appeared Bryan Goodman
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/they executed the same in his/ her/ their authorized capacity( ies), and that by his/ her/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

TANYA K. NESMITH
WITNESS my hand and official seal. Notary Public- California San Bernardino County
4r
Commission JI 2254448
My Comm. Exp res Aug 16- 2C22

4. Signature 71/ ', 4' ' pe/ my , r, Seal

8.10.a
Fire DIF Credits - Lewis (Final True-Up) Packet Pg. 240

EXHIBIT I

LIST OF DEVELOPER' S PROPERTIES
ATTACHED]
A- 1

8.10.a
Fire DIF Credits - Lewis (Final True-Up) Packet Pg. 241 The Preserve at Chino( CDC, CPDC, HCP)
Fire DIF as of 05/ 29/ 2020
Entity Builder Project Tract BP Pulled Fee Table Density Fire Fee CDC John Laing Secret Garden 16519 4 FEE0604 LDR 1, 820 CDC John Laing Secret Garden 16519 80 FEE1204 LDR 39, 200 John Laing Secret Garden 16519 Total 84 41, 020
CDC Lennar Garden Glen I 16520 17 FEE0604 LDR 7, 735
CDC Lennar Garden Glen I 16520 34 FEE1204 LDR 16, 660
Lennar Garden Glen I 16520 Total 51 24, 395
CDC K. Hoy. Ten Bloom Rd 16521 3 FEE0604 LDR 1, 365
CDC K. Hov. Ten Bloom Rd 16521 66 FEE1204 LDR 32, 340
K. Hoy. Ten Bloom Rd 16521 Total 69 33, 705
CDC Centex Canterburry Grovel 16522 3 FEE0604 LDR 1, 365 CDC Centex Canterburry Grove I 16522 44 FEE1204 LDR 21, 560 CDC Centex Canterburry GroveI 16522 1 FEE1206 LDR 1, 280 Centex Canterburry Grove I 16522 Total 48 24, 205
CDC Shea Iris 16523 3 FEE0604 LDR 1, 365
CDC Shea Iris 16523 58 FEE1204 LDR 28, 420
Shea Iris 16523 Total 61 29, 785
CDC Standard Pacific Hidden Hollow 17148 12 FEE1205 LDR 14, 220 CDC Standard Pacific Hidden Hollow 1. 7148 N/ A N/ A
CDC Standard Pacific Hidden Hollow 17148 34 FEE1206 LDR 43, 520 CDC Standard Pacific Hidden Hollow 17148 8 FEE1207 LDR 10, 360 CDC Standard Pacific Hidden Hollow 17148 27 FEE1208 LDR 34, 965 Standard Pacific Hidden Hollow 17148 Total 81 103, 065
CDC Standard Pacific Shady Lane 17149 12 FEE1205 LDR 14, 220 CDC Standard Pacific Shady Lane 17149 9 FEE1006 LDR 10, 665 CDC Standard Pacific Shady Lane 17149 32 FEE1206 LDR 40, 960 CDC Standard Pacific Shady Lane ( a) 17149 5 FEE1207 LDR 6, 475 CDC Standard Pacific Shady Lane 17149 2 FEE1208 LDR 2, 590 Standard Pacific Shady Lane 17149 Total 60 74, 910
CDC Shea Enchanted Forest 17150 54 FEE1006 LDR 63, 990
CDC Shea Enchanted Forest 17150 1 FEE1206 LDR 1, 280
Shea Enchanted Forest 17150 Total 55 65, 270
CDC Pardee Candlewood 17266 3 FEE1205 L. DR 3, 555
CDC Pardee Candlewood 17266 9 FEE1006 LDR 10, 665
CDC Pardee Candlewood 17266 10 FEE1206 LDR 12, 800
CDC Pardee Candlewood 17266 14 FEE1207 LDR 18, 130
CDC Pardee Candlewood 17266 24 FEE1208 LDR 31, 080
CDC Pardee Candlewood 17266 4 FEE1209 LDR 4, 672
Pardee Candlewood 17266 Total 64 80, 902
CDC KB Evergreen 17357 3 FEE1204 MDR 1, 470
CDC KB Evergreen 17357 2 FEE1206 MDR 2, 560
CDC KB Evergreen 17357 50 FEE1006 MDR 59, 250
CDC KB Evergreen 17357 3 FEE1209 MDR 3, 504
KB Evergreen 17357 Total 58 66, 784
CDC Brookfield Mulberry- Casita 17390 7 FEE1204 MDR 3, 430 CDC Brookfield Mulberry- Casita 17390 56 FEE1205 MDR 66, 360 CDC Brookfield Mulberry- Cottage 17390 63 FEE1205 MDR 74, 655 Brookfield Mulberry- Cottage 17390 Total 126 144, 445
CDC Centex Citrus Commons 17514 118 FEE1. 204 HDR 52, 510 CDC Centex Citrus Commons 17514 N/ A N/ A
Centex Citrus Commons 17514 Total 118 52, 510
CDC Centex Agave 17515 104 FEE1204 MDR 50, 960
CDC Centex Agave 17515 N/ A N/ A
Centex Agave 17515 Total 104 50, 960
CPDC Western National Affordable Apartments 17571 250 FEE1206 HDR 291, 000 Western National Affordable Apartments 17571 Total 250 291, 000 CPDC Cal Atlantic Amelia( stark) 17574 110 FEE1217 MDR 134, 640 Cal Atlantic Amelia( stark) 17574 Total 110 134, 640
CDC Centex Canterburry Grove II 17610 27 FEE1205 LDR 31, 995 CDC Centex Canterburry Grove II 17610 21 FEE1206 LDR 26, 880 Centex Canterburry Grove II 17610 Total 48 58, 875
CDC KB Cantata 17611 21 FEE1213 LDR 24, 507
KB Cantata 17611 Total 21 24, 507
CDC KB Anatta 17612 42 FEE1213 LDR 49, 014
KB Ariatta 17612 Total 42 49,014
CDC Lennar Garden Glen II 17613 17 FEE1205 LDR 20, 145
CDC Lennar Garden Glen II 17613 17 FEE1205 LDR 20, 145
CDC Lennar Garden Glen II 17613 17 FEE1206 LDR 21, 760
TADS\ ENGINEERING\ DIF\ LOC\ FIRE STATION 1163\ Pat Loy's\ Fire DIE Fee Analysis Without Future Units 05. 29. 20 7/ 15/ 2020 3: 38 PM Page 1 of 2

8.10.a
Fire DIF Credits - Lewis (Final True-Up) Packet Pg. 242 The Preserve at Chino( CDC, CPDC, HCP)
Fire DIF as of 05/ 29/ 2020
Entity Builder Project Tract BP Pulled Fee Table Density Fire Fee Lennar Garden Glen II 17613 Total 51 62, 050
CDC Shea Tetherwind 17616 162 FEE1205 HDR 174, 636
Shea Tetherwind 17616 Total 162 174, 636
CDC Woodside Homes Palisades 17635 N/ A N/ A
CDC Woodside Homes Palisades 17635 79 FEE1215 LDR 94, 800 CDC Woodside Homes Palisades 17635 N/ A N/ A
Woodside Homes Palisades 17635 Total 79 94,800
CDC Richmond American Harvest Lot 10& 12- Pineberry 18479 18 FEE0418 LDR 20, 628 CDC Richmond American Harvest Lot 10& 12- Pineberry 18479 18 FEE1019 LDR 21, 366 CPDC Richmond American Harvest Lot 10& 12- Pineberry 18479 3 FEE0418 LDR 3, 438 Richmond American Harvest Lot 10& 12- Pineberry 18479 Total 39 45, 432 CDC KB Lynbrook 18693 26 FEE1215 MDR 31, 200
CDC KB Lynbrook 18693 88 FEE1216 MDR 107, 712
KB Lynbrook 18693 Total 114 138, 912
CDC K. Hov. Sonata 18778 N/ A 0
CDC K. Hoy. Sonata 18778 65 FEE1215 LDR 78, 000
K. Hov. Sonata 18778 Total 65 78,000
CDC Deboer De- hoer 18890 14 FEE1216 LDR 17, 136
CPDC Deboer De- boer 18890 56 FEE1216 LDR 68, 544
Deboer De- boer 18890 Total 70 85,680
CDC Richmond American Harvest Lot 11- Vineyard 19935 12 FEE0418 LDR 13, 752 CDC Richmond American Harvest Lot 11- Vineyard 19935 29 FEE1019 LDR 34, 423 CPDC Richmond American Harvest Lot 11- Vineyard 19935 2 FEE0418 LOR 2, 292 Richmond American Harvest Lot 11- Vineyard 19935 Total 43 50,467 CDC Woodside Homes Harvest Lot 4- Sunrise Harvest 19936 56 FEE1217 LOR 68, 544 Woodside Homes Harvest Lot 4- Sunrise Harvest 19936 Total 56 68, 544 CPDC Lennar Harvest Lot 1- Olive Grove 19946 30 FEE1217 MDR 36, 720 Lennar Harvest Lot 1- Olive Grove 19946 Total 30 36, 720 CPDC Richmond American Harvest Lot 2- Heirloom 19947 42 FEE1217 MDR 51, 408 Richmond American Harvest Lot 2- Heirloom 19947 Total 42 51, 408 CDC Lennar Harvest Lot 3- Olive Grove 19948 20 FEE1217 MDR 24, 480 Lennar Harvest Lot 3- Olive Grove 19948 Total 20 24, 480 CDC Lennar Harvest LotS- Autumn Field 19949 30 FEE1217 MDR 36, 720 CPDC Lennar Harvest Lot 5- Autumn Field 19949 52 FEE1217 MDR 63, 648 Lennar Harvest Lot 5- Autumn Field 19949 Total 82 100, 368 CDC Richmond American Harvest Lot 6- Heirloom 19950 22 FEE1217 LDR 26, 928 CPDC Richmond American Harvest Lot 6- Heirloom 19950 40 FEE1217 LDR 48, 960 Richmond American Harvest Lot 6- Heirloom 19950 Total 62 75, 888 CDC Lennar Harvest Lots 7& 9- Summerfield 19951 52 FEE0418 MDRD 59, 592 CPDC Lennar Harvest Lots 7& 9- Summerfield 19951 41 FEE0418 MDRD 46, 986 Lennar Harvest Lots 7& 9- Summerfield 19951 Total 93 106, 578 CDC Lennar Harvest Lot 8- Olive Grove II 19952 15 FEE0418 MDRD 17, 190 CPDC Lennar Harvest Lot 8- Olive Grove II 19952 42 FEE0418 MDRD 48, 132 Lennar Harvest Lot 8- Olive Grove II 19952 Total 57 65, 322 CDC TriPointe Lot 14/ 15- Hazel 20102 63 FEE0418 HDR20 46, 557 CDC TriPointe Lot 14/ 15- Hazel 20102 28 FEE1019 HDR20 21, 448 TriPointe Lot 14/ 15- Hazel 20102 Total 91 68, 005
CDC TriPointe Lot 14/ 15- Ivy 20102- 1 42 FEE0418 HDR20 31, 038 CDC TriPointe Lot 14/ 15- Ivy 20102- 1 23 FEE1019 HDR20 17, 618 TriPointe Lot 14/ 15- Ivy 20102- 1 Total 65 48, 656
HCP LMC Homecoming- Ph 1 16420- 1 152 FEE1213 HDR 161, 424 HCP LMC Homecoming- Ph 2 16420- 1 189 FEE1213 HDR 200, 718 HCP LMC Homecoming- Ph 3 16420- 1 458 FEE1215 HDR 500, 136 LMC Homecoming- Ph 3 16420- 1 Total 799 862, 278
HCP LMC Homecoming- Ph 4 19980 454 FEE1217 HDR 505, 756 LMC Homecoming- Ph 4 19980 Total 454 505, 756
Grand Total 3, 924 4, 093, 972
Car Wash 4, 656
7- 11 2, 848
Jiffy Lube 3, 696
4, 105, 171
T:\ DS\ ENGINEERING\ DIF\ LOC\ FIRE STATION 463\ Pat Loy' s\ Fire DIF Fee Analysis Without Future Units 05. 29. 20 7/ 15/ 2020 3: 38 PM Page 2 of 2

8.10.a
Fire DIF Credits - Lewis (Final True-Up) Packet Pg. 243 EXHIBIT 2

FIRE FEES CREDIT RECONCILIATION
CFD Draws for Fire Station No. 63
Payment - CFD 2003- 3 Base Draw # 8 $ ( 4, 096, 979. 00) Payment - CFD 2003- 3 Supplemental Draw # 8 $ ( 1, 074, 338. 00) Cash Payment Subtotal $ ( 5, 171, 317. 00)
Additional Soft Costs
SoCal Edison $ 47, 990. 00
Stanley F. Yelich, Inc. $ 1, 229. 80
Steven Andrews Engineering $ 2, 000. 00
Titan Engineering, Inc. $ 10, 579. 20
WLC Architets $ 2, 500. 00
Additional Soft Costs Subtotal $ 64, 299. 00
Total Project Costs $ 5, 235, 616. 00
Max Fire Credits ( Nexus Study) $ 5, 235, 616. 00
Audited Credits $ ( 4, 105, 171. 00)
Credit Balance $ 1, 130, 445. 00
A- 2

8.10.a
Fire DIF Credits - Lewis (Final True-Up) Packet Pg. 244 EXHIBIT 3 — DIF CREDIT ADDENDUM
Assignment of Credit)
Contract No.:

Assignor: CHINO DEVELOPMENT CORPORATION
Project Name: Kimball Avenue Fire Station No. 63
Per Section 2 and Section 3 of the Agreement:

Actual Cost 5, 235, 616. 00
Past Credits 4, 105, 171. 00)
Subtotal 1, 130, 445. 00
Assigned Credits
Credit Balance Forward
CHINO DEVELOPMENT CORPORATION is hereby transferring credits in in the amount of to:
o Assignee:

Attn:

Credit Transfer Amount: $
Remaining Credit:

Any transfer or assignment of credits or reimbursement rights acknowledged in this Addendum shall be made in accordance with City procedures, on a form approved by and acknowledged by the City. All parties to this Addendum agree that City will have no obligation to recognize or honor an assignment or transfer that does not comply with the terms of this Addendum." SIGNATURES ON FOLLOWING PAGE]
A- 3

8.10.a
Fire DIF Credits - Lewis (Final True-Up) Packet Pg. 245 16519 John Laing Secret Garden 84 84 $ (41,020.00)
16520 Lennar Garden Glen 51 51 $ (24,395.00)
16521 K. Hovnanian Ten Bloom Road 69 69 $ (33,705.00)
16522 Centex Canterbury Grove 48 48 $ (24,205.00)
16523 Shea Iris 61 61 $ (29,785.00)
17148 Standard Pacific Hidden Hollow 81 81 $ (103,065.00) 17149 Standard Pacific Shady Lane 60 60 $ (74,910.00)
17150 Shea Enchanted Forest 55 55 $ (65,270.00)
17266 Pardee Candlewood 64 64 $ (80,902.00)
17357 KB Home Evergreen 58 58 $ (66,784.00)
17390 Brookfield Mulberry 126 126 $ (144,445.00)
17514 Centex Citrus Commons 118 118 $ (52,510.00)
17515 Centex Agave 104 104 $ (50,960.00)
17571 Western National Affordable Apartments 250 250 $ (291,000.00) 17574 Cal Atlantic Amelia (Stark) 110 110 $ (134,640.00) 17610 Centex Canterbury Grove II 48 48 $ (58,875.00)
17611 KB Home Cantata 21 21 $ (24,507.00)
17612 KB Home Ariatta 42 42 $ (49,014.00)
17613 Lennar Garden Glen II 51 51 $ (62,050.00)
17616 Shea Tetherwind 162 162 $ (191,970.00)
17635 Woodside Palisades 79 79 $ (94,800.00)
18479 Richmond American Pineberry 68 68 $ (79,855.00)
18693 KB Home Lynbrook 114 114 $ (138,912.00)
18778 K. Hovnanian Sonata 65 65 $ (78,000.00)
18890 William Lyon Laurel Lane 70 70 $ (85,680.00)
19935 Richmond American Vineyard 73 73 $ (85,913.00)
19936 Woodside Sunrise Harvest 56 56 $ (68,544.00)
19946 Lennar Harvest Olive Grove 30 30 $ (36,720.00)
19947 Richmond American Heirloom 42 42 $ (51,408.00)
19948 Lennar Harvest Olive Grove 27 27 $ (33,048.00)
19949 Lennar Autumn Field/ Harvest Orchards 82 82 $ (100,368.00) 19950 Richmond American Heirloom/Harvest Gardens 62 62 $ (75,888.00) 19951 Lennar Summerfield 93 93 $ (106,578.00)
19952 Lennar Olive Grove II 57 57 $ (65,322.00)
19953 Richmond American Pineberry 10 10 $ (11,870.00)
19980 LOC Homecoming (Phase 4) 454 454 $ (505,756.00)
20102 Tripointe Homes Hazel 154 154 $ (116,263.00)
20165 Century Communities Greenway @ The Preserve 79 76 $ (90,212.00) 20166 KB Home Driftstone (Block 4) 69 69 $ (81,903.00)
20167 Lennar Voyage @ Discovery Park (Block 4) 60 59 $ (70,033.00) 20168 Richmond American Parklin @ The Preserve 68 65 $ (77,155.00) 20170 Richmond American Gardenside (Liberty Deluxe repeat) 80 80 $ (94,960.00) 20171 Tripointe Homes Delia (The Bungalows) 123 123 $ (94,218.00) 20172 Pulte Homes Monarch (Stark repeat) 76 76 $ (90,212.00) 20231 Lennar Morning Sun (Lot 11) 106 106 $ (81,196.00) 20232 William Lyon Verbena (Lot 11) 70 70 $ (53,620.00) 20236 LOC Homecoming (Phase 5) 184 184 $ (140,944.00)
20248 Lennar Block 4 (TBD) 56 - $ -
20249 LOC Block 4 (TBD) 56 - $ -
20270 Richmond American Gardenside (Liberty Deluxe repeat) 36 36 $ (42,732.00) 16420-1 LOC Homecoming (Phase 1) 152 152 $ (161,424.00) 16420-1 LOC Homecoming (Phase 2) 189 189 $ (200,718.00) 16420-1 LOC Homecoming (Phase 3) 458 458 $ (500,136.00) 20102-1 Tripointe Homes Ivy 113 113 $ (85,424.00)
Residential Credits 5,174 5,055 $ (5,203,824.00)
$ (106.00)
$ (4,655.56)
$ (2,848.30)
$ (3,695.51)
$ (120,879.21)
$ (132,184.58)
$ (5,336,008.58)
$ 5,235,616.00
$ (5,336,008.58)
$ (100,392.58)
FY 2022 Audited Credit Amount $ (881,660.23)
Total Credits Issued through October 2022
Balance Credit/(Owed) to City
Recreation Center
Credits Issued
Commercial - Car Wash
Commercial - 7/11 & Gas Station
Commercial - Jiffy Lube
Town Center
Total Credits
Maximum Fire Credits Available
Commerical/Misc. Credits
Exhibit 2 - Credit Reconciliation
Tract No. Homebuilder Total Units
Total Building
Neigborhood Permits

8.10.b
Fire DIF Credits - Lewis (Final True-Up) Packet Pg. 246 Revenue: Expenditure: 5207310 - 48008 - WA225
Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: DECEMBER 6, 2022
TO: LINDA REICH, CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: CONSTRUCTION CONTINGENCY INCREASE FOR PROJECT NO. WA225 RECYCLED WATER PROJECT AT AYALA PARK.

RECOMMENDATION
1) Authorize an increase of $3,202.30 in construction contingency expenditures for a revised amount of $11,834.30; 2) approve a not to exceed total contract amount of $98,161.30 to Contract No. 2022-152 with Norfork, Inc., Rancho Cucamonga, CA., for the Recycled Water Project at Ayala Park (WA225); and 3) authorize the City Manager to execute the necessary documents on behalf of the City.

FISCAL IMPACT
Sufficient funds are included in the Fiscal Year 2022-23 Capital Improvement Program budget for Project WA225
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image
• Responsible Long-Range Planning

8.11 CONSENT CALENDAR Packet Pg. 247
COUNCIL MEETING DATE: DECEMBER 6, 2022
SUBJECT: CONSTRUCTION CONTINGENCY INCREASE FOR PROJECT NO. WA225

RECYCLED WATER PROJECT AT AYALA PARK
PAGE 2

BACKGROUND
On September 7, 2021, the City Council awarded a construction contract to Norfork, Inc.

Rancho Cucamonga, CA, to construct Project No. WA225 - Recycled Water Project at Ayala Park for $86,327.00. Surveying and potholing were not part of the design scope of work for Project No. WA225 therefore, during the early stages of construction, potholing was performed to determine the true elevation and connection points of the 30-inch IEUA water main line along College Park Avenue and City-owned irrigation line. The contractor determined that the 30-inch IEUA water main required more excavation and additional material than the engineer estimated.

The contractor also determined that the connection point of the City-owned irrigation line needs to shift approximately forty-five feet west. During construction, following the forty-five-foot shift, the contractor identified another utility crossing that was not identified on the original design’s plan. The total cost Contract Change Order No.1 is $11,834.30.

ISSUES/ANALYSIS
Staff recommends a construction contingency increase of $3,202.30 for a not to exceed total contract amount of $98,161.30. Additionally, it should be noted that the original $8,632.00 construction contingency approved by City Council will be used towards Contract Change Order No 1. Provided below is a summary of the current accounting costs for MA 225.

Original Construction Contract Amount $86,327.00
Council Approved Contingency $8,632.00
Additional Contingency $3,202.30
Revised Contract Amount $98,161.30

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Norfork Inc.

LIC. NO. A-868794
Mike Noriega
P.O. Box 1344
Rancho Cucamonga, CA
Phone (909) 685-4065 Fax (877) 768-8257

CHANGE ORDER
Option 1
CO #101-1
DATE: FEBRUARY 27, 2022
TO:

City Of Chino
FOR:

City of Chino

AYALA PARK RECLAIM WATER SERVICE
Offset

9.6 Depth to 5.6 Depth

ITEM DESCRIPTION QTY UNIT PRICE AMOUNT

MATERIAL

1. Fittings MJ x Flange 45 degrees 2 198.50 397.00

2. Retainer Kits for D.I.P 2 75.00 150.00

3. 6” Ductile Iron Pipe 5’ 29.00 145.00

4. 4’ Valve Stem Extension 1 187.00 187.00

5. Concrete Ready mix for thrust Block & Rebar 1 150.00 150.00 TOTAL 1029.00
LABOR

1. 2 LABORERS 16 HRS 77.51 1240.16

2. 1 OPERATOR 8 HRS 97.64 781.12

3. 1 FOREMAN 8 HRS 106.37 850.80
TOTAL 2872.08

EQUIPMENT

1. BACKHOE/LOADER 8 HRS 78.50 628.00

2. DUMP TRUCK 8 HRS 65.00 520.00

3. SERVICE TRUCK/TOOLS 8 HRS 85.00 680.00

4. SHORING ADDTL DEPTH/STEEL PLATES ECT 1 DAY 500.00 500.00

5. TRAFFIC CONTROL 1 DAY 600.00 600.00
TOTAL 2,928.00
SUBTOTAL 6,829.08
15%

OVERHEAD &
PROFIT
1,024.36
GRAND TOTAL: $7,853.44
NORFORK INC.

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Construction Contingency Increase - WA225 Recycled Packet Pg. 249 Norfork Inc.

LIC. NO. A-868794
Mike Noriega
P.O. Box 1344
Rancho Cucamonga, CA
Phone (909) 685-4065 Fax (877) 768-8257

CHANGE ORDER
CO #101-5
DATE: JUNE 15, 2022
TO:

City Of Chino
FOR:

City of Chino

AYALA PARK RECLAIM WATER SERVICE
Offset Over Storm Drain

5.6 Depth to 2.6 Depth
Raise meter to serviceable depth.

ITEM DESCRIPTION QTY UNIT PRICE AMOUNT

MATERIAL

1. 6” Flange x Flange 90’s 2 227.50 455.00

2. 6” x 3’ Spools 2 243.25 486.50

3. 6” Bolt Sets 4 36.00 144.00

4. Concrete/Radar for hurst blocks 2 150.00 300.00
TOTAL 1,385.50
LABOR

1. 2 LABORERS 8 HRS 77.51 620.08

2. 1 OPERATOR 4 HRS 97.64 390.56

3. 1 FOREMAN 4 HRS 106.37 425.48
TOTAL 1,436.12

EQUIPMENT

1. MINI EXCAVATOR 4 75.00 300.00

2. SERVICE TRUCK/TOOLS 4 85.00 340.00
TOTAL 640.00
SUBTOTAL 3,461.62
15% OVERHEAD &
PROFIT
519.24
GRAND TOTAL $3,980.86
NORFORK INC.

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Construction Contingency Increase - WA225 Recycled Packet Pg. 250 Revenue: 33081404-59380 Expenditure: 33081404-43650
Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

COMMUNITY SERVICES DEPARTMENT
COUNCIL MEETING DATE: DECEMBER 6, 2022
TO: LINDA REICH, CITY MANAGER
FROM: SILVIA AVALOS, COMMUNITY SERVICES DIRECTOR
SUBJECT: ADDITIONAL APPROPRIATION TO COMMUNITY SERVICES FUND.

RECOMMENDATION
1) Appropriate an additional $8,000 to the Community Services Fund with a $4,000 year-end backfill from the General Fund; 2) increase the revenue budget by $4,000, and 3) authorize the City Manager to execute all documents on behalf of the City.

FISCAL IMPACT
Requires an additional appropriation of $8,000 to the Community Services Fund with a $4,000 year-end backfill from the General Fund and an increase of $4,000 to the Community Services Revenue 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:
• Commitment to Our Community

8.12 CONSENT CALENDAR Packet Pg. 251
COUNCIL MEETING DATE: DECEMBER 6, 2022
SUBJECT: ADDITIONAL APPROPRIATION TO COMMUNITY SERVICES FUND PAGE 2

BACKGROUND
The Fiscal Year 2022-23 Halloween budget provides funding for the citywide event. Community Services staff was processing a contract with J.A. Blash Enterprises to provide carnival rides for the Halloween Spooktacular event on October 31, 2022. Community Services has utilized the services of J.A. Blash Enterprises over the past year for the Youth Christmas Parade & Fair and Fireworks Spectacular. Staff began securing J.A. Blash Enterprises for the Halloween Spooktacular event on June 10, 2022. On July 25, 2022, staff confirmed J.A. Blash Enterprises' services for the Halloween Spooktacular. Over the next couple of months, staff had multiple conversations to gather the necessary documents for the contract.

While waiting for the last insurance document, staff was informed on October 18, 2022, that J.A.

Blash would not be able to provide the rides for this event and the upcoming Youth Christmas Parade & Fair. Staff quickly secured three different vendors to provide the rides and entertainment, but the costs are $8,900 more than what was budgeted. Staff has reduced expenses in other areas, but there will still be a budget deficit of approximately $8,000. Staff has also secured additional donations to help offset the increased expense.

ISSUES/ANALYSIS
The Fiscal Year 2022-23 budget was approved by the City Council on June 21, 2022. An increase to the Halloween budget of $8,000 is needed to cover the expenses. This requires an increase of $8,000 to the expense and $4,000 to revenue budget of the Community Services Fund.

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Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: DECEMBER 6, 2022
TO: LINDA REICH, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR SUBJECT: BEAZER HOMES HOLDINGS, LLC - FINAL TRACT MAP NO. 20173 & SUBDIVISION IMPROVEMENT AGREEMENT.

RECOMMENDATION
1) Approve Tract Map No. 20173; 2) approve the Subdivision Improvement Agreement and securities with Beazer Homes Holdings, LLC and 3) authorize the City Manager to execute the necessary documents on behalf of the City.

FISCAL IMPACT
There is no direct fiscal impact to the City.

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

8.13 CONSENT CALENDAR Packet Pg. 253
COUNCIL MEETING DATE: DECEMBER 6, 2022
SUBJECT: BEAZER HOMES HOLDINGS, LLC - FINAL TRACT MAP NO. 20173 &

SUBDIVISION IMPROVEMENT AGREEMENT
PAGE 2

BACKGROUND
On August 5, 2019, the Planning Commission approved an “A” level Master Site Approval (MSA) and an “A” level Tract Map (TTM No. 20161) subdividing 44.13 acres of land for conveyance purposes in an area known as the Van Vliet Master Plan. The “A” level map established nine Planning Areas and allowed for up to 494 residential units that includes singlefamily and multi-family homes. The applicant also obtained approval for five of the seven “B” level maps within the master planned area, deferring two “B” level maps until the applicant confirmed a housing development for the two remaining areas. The five “B” level maps allow for the development of 341 units of the 494 units in the Van Vliet Master Plan area. Currently, three different developers (Tripointe Homes, Pulte Homes and, Richland Homes) are constructing homes within the community. The centrally located recreational center has also been constructed and is open and available to all Preserve Master Maintenance Corporation (PMMC) homeowners.

On May 16, 2022, the City of Chino Planning Commission conditionally approved the Tentative Tract Map for 20173 (PL21-0072), for condominium purposes in the Van Vliet project area for the future development of 149 residential dwelling units. (Exhibit A).

The required public improvements necessitate the execution of a subdivision improvement agreement and the posting of securities to ensure the timely delivery of said public improvements, which upon completion and City acceptance, will support the City’s efforts to ensure responsible long-range planning.

ISSUES/ANALYSIS
The requirements made at the time of tentative map approval have been met by the execution of the Subdivision Improvement Agreement and by posting the necessary securities to guarantee the construction of public improvements. The City Attorney has reviewed and approved the Subdivision Improvement Agreement and respective securities (Exhibit B).

The Planning Commission adopted an Addendum to The Preserve Specific Plan Chino Sphere of Influence – Subarea 2 Final Environmental Impact Report (State Clearinghouse No. 2000121036) for the Van Vliet Master Plan area – TM 20161 on August 5, 2019. This project is within the scope of the previously adopted Addendum, which adequately describes the proposed activity for purposes of the California Environmental Quality Act.

Therefore, it is staff’s recommendation to the City Council to approve Tract Map No. 20173 and the Subdivision Improvement Agreement and correlating securities.

Attachments: Exhibit A - Location Map
Exhibit B - Subdivision Improvement Agreement

8.13 CONSENT CALENDAR Packet Pg. 254
200 S.MAIN ST. STE 300 CORONA CA 92882

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Final Map & SIA TM 20173 - Beazer Homes Holdings, LLC Packet Pg. 280 200 S.MAIN ST. STE 300 CORONA CA 92882
01225.0006/366470.2 A-1

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Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: DECEMBER 6, 2022
TO: LINDA REICH, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR SUBJECT: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENT - HAVADJIA HOLDINGS, INC. (FARMER BOYS).

RECOMMENDATION
1) Accept public improvements as complete for Havadjia Holdings, Inc. (Farmer Boys Restaurant) for Site Approval PL16-0772 and Special Conditional Use Permit PL16-0773; 2) authorize release of the performance bond and initiate the warranty bond; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.

FISCAL IMPACT
There is no direct fiscal impact.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image

8.14 CONSENT CALENDAR Packet Pg. 311
COUNCIL MEETING DATE: DECEMBER 6, 2022
SUBJECT: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENT - HAVADJIA HOLDINGS, INC. (FARMER BOYS)
PAGE 2

BACKGROUND
On August 20, 2018, the Planning Commission conditionally approved Site Approval PL16-0772 and Special Conditional Use Permit PL16-0773. The project consists of the construction of a 3,332 square-foot Farmer Boys drive-thru restaurant and a 2,300 square-foot multi-tenant building on approximately 1.98 acres of land located at the southwest corner of Euclid and Kimball Avenues (Exhibit A). The original Planning Commission staff report stated that the entire site would be developed at one time. The developer has decided to phase this project to determine how the restaurant functions at this site prior to constructing the multi-tenant building as a subsequent phase.

As part of the Engineering Conditions of Approval, the developer, Havadjia Holdings, Inc., is required to design and construct public improvements including, but not limited to, potable and recycled water lines, street improvements, traffic signal relocation and upgrades, curb and gutter, sidewalk, and drive approaches. The requirements made at the time of project approval have been met with the execution of the Public Improvement Agreement on June 2, 2020 and by posting the necessary securities to guarantee the construction of the required public improvements, attached as Exhibit B, titled Public Improvement Agreement.

Additionally, on December 15, 2020, the City Council approved the annexation of the property to Landscaping and Lighting District No. 2002-1 (Annexation/Zone 83) to offset the costs of public streetlights.

ISSUES/ANALYSIS
The improvements are substantially complete and have been constructed to the satisfaction of the City Engineer.

These improvements will contribute to a positive city image by providing a safe pedestrian access through the replacement of nonconforming sidewalks, curb ramps, and crosswalks at the intersection of Kimball and Euclid Avenues. The improvements that are being accepted have been satisfactorily constructed to meet City and all applicable accessibility requirements.

Additionally, some of the required public improvements are master-planned facilities and are included in the City’s Development Impact Fee (DIF) program. These public improvements are eligible for DIF credit and reimbursement per the Chino Municipal Code, Chapter 3.40 and are identified in the attached Exhibit C, titled Construction Credit/Reimbursement Agreement, which was approved by the City Council on June 2, 2020.

The City Engineer will review the final accepted/approved "as-built" plans, specifications and supporting documentation upon the information being provided to the City by the developer and will determine what costs are eligible for reimbursement under the DIF program as applicable.

There may be a possibility that the eligible costs approved by the City Engineer exceed and/or are less than the original estimate included in the DIF Nexus Study. If that is the case, City staff will include the updated costs for the project(s) in the next annual update to the Nexus Study.

All required development related fees have been paid and security for a one-year warranty period has been submitted. Under the warranty bond obligation, the developer will correct any defects found within one-year of City Council’s acceptance of the project.

Also, upon completion and final acceptance, the public improvements shall become the sole exclusive property of the City to operate and maintain. Sufficient funds are included in the City’s Operating Budget to cover costs for maintenance of said facilities. The following maintenance

8.14 CONSENT CALENDAR Packet Pg. 312
COUNCIL MEETING DATE: DECEMBER 6, 2022
SUBJECT: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENT - HAVADJIA HOLDINGS, INC. (FARMER BOYS)
PAGE 3
obligations will commence:

Public Street Sweeping: By the City
Public Sidewalks: By the City
Public Street lights: By the City
Public Water: By the City
Public Recycled Water: By the City
Lastly, it should also be noted that at the August 20, 2018, Planning Commission meeting, the proposed Project was determined to be categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 15332 of the guidelines – Infill Development Projects.

Attachments: Exhibit A - Location Map
Exhibit B - Fully Executed Public Improvement Agreement & Bonds Exhibit C - Construction Credit/Reimbursement Agreement

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16" WATER 16" WATER 16" WATER
15" SEWER 15" SEWER 15" SEWER 15" SEWER 15" SEWER
30" WATER 30" WATER 30" WATER 30" WATER 30" WATER 30" WATER x x x x x
12" WATER 12" WATER 12" WATER 12" WATER 12" WATER
x
12" WATER 12" WATER 12" WATER 12" WATER 12" WATER
60" SEWER 60" SEWER
x x
6" WATER 6" WATER 6" WATER
16" WATER 16" WATER
16" WATER 16" WATER
30" WATER 30" WATER 30" WATER 30" WATER 30" WATER 30" WATER 60" SEWER 60" SEWER 12" WATER 12" WATER 12" WATER 12" WATER 1"=50'
APN 1056-061-04
APN 1026-101-08 APN 1056-071-15
CL EUCLID P.L.

P.L.

PROPOSED
BUILDING APN 1056-081-01
CLAPN 1056-071-16

PROPOSED R/W
APN 1056-061-05
APN 1056-061-06
APN 1056-061-02
APN 1056-061-07
Engineering and Consulting
CASC

EXHIBIT 'A'

FARMER BOYS
CHINO
LEGEND

INSTALLED DOMESTIC WATER

INSTALLED RECYCLED WATER

INSTALLED SEWER

INSTALLED STREET LIGHTS

INSTALLED SIDEWALK EXISTING R/W

KIMBALL AVENUE AVENUE

EXISTING R/W

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, Contract No.: 1.<>1.o -iw2
Approval Date: <,, I -Z./4.o :fl '5

CONSTRUCTION CREDIT AND REIMBURSEMENT AGREEMENT

CITYWIDE DEVELOPMENT IMPACT FEE PROGRAM
SITE APPROVAL PL16-0772 & SPECIAL CONDITIONAL USE PERMIT PL16-0773 This CONSTRUCTION CREDIT AND REIMBURSEMENT AGREEMENT ("Agreement") is entered into this 2nd day of June 2020 ("Effective Date"), by and between CITY OF CHINO, a California municipal corporation ("City"), and HA V ADJIA HOLDINGS, INC., ("Developer"). City and Developer are sometimes hereinafter referred to individually as "Party" and jointly as "Parties" . . RECITALS
A. Site Approval PL16-0772 and Special Conditional Use Permit PL16-0773, as presented by developer, consists of a 3,332 square-foot drive thru Fanner Boys restaurant building and a 2,300 squarefoot multi-tenant building on 1.98 gross acres of land located in the M2 (General Industrial) zone. The project is located at the southwest comer of Euclid and Kimbal] Avenues (Exhibit A). Site Approval PL16-0772 and Special Conditional Use Permit PL16-0773 was conditionally approved by the City of Chino Planning Commission on August 20, 2018 ("Project").

B. Developer has requested from City certain entitlements and/or permits for the Project, and City has granted the entitlements and/or permits subject to certain conditions of approval provided on Exhibit B which will require certain public improvements to be constructed in excess of those applicable to the Project ("Conditions of Approval").

C. The Conditions of Approval also require Developer to pay Development Impact Fees ("DIFs"), as established in Chapter 3.40 of the Chino Municipal Code ("DIF Ordinance"). The D!Fs have been established by City to finance public facilities in furtherance of the goals and objectives of City's general plan, various facility master plans, capital improvement plans, and the nexus reports described in the DIF Ordinance ("Nexus Reports").

D. Pursuant to the DIF Ordinance and the Conditions of Approval, Developer owes D!Fs for the Project.

E. Developer has elected to construct certain public improvements in excess of those specifically required by the Conditions of Approval which are specified on Exhibit C ("Public Improvements").

F. The DIF Ordinance provides that if, as a condition of approval of a development project, a developer constructs a public facility identified in the Nexus Reports, for which a development impact fee is imposed, Developer shall be eligible to receive a fee credit toward the D!Fs imposed on the Project for the same type of public facility so constructed, and shall be entitled to reimbursement for eligible costs of constructing the public facility, provided that developer complies with the requirements of the DIF Ordinance as it may be amended from time to time. The DIF Ordinance specifically requires that the developer and City enter into a credit and reimbursement agreement.

G. City and Developer desire to enter into this Agreement for the following purposes: (i) to provide for the timely construction and completion of the Public Improvements, (ii) to ensure that construction of the Public Improvements is undertaken in accordance with the Plans and Specifications, and the Jaws and ordinances pertaining to the construction of public improvements, (iii) to provide the

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Final Acceptance of Public Improvement - Havadjia Packet Pg. 376 methodology for establishing the reimbursement amounts and/or DIF credits to which Developer may be entitled after completion of the Public Improvements ("Reimbursement/Credits"); and (iv) the requirements for Developer's transfer or application of all or any portion of the Reimbursement/Credits to third party.

NOW, THEREFORE, for the purposes set forth herein, Developer and City hereby agree as follows:

AGREEMENT:

1. Incorporation of Recitals. The Parties hereby affirm the facts set forth in the Recitals above and agree to the incorporation of the Recitals as though fully set forth herein.

2. Construction of Public Improvements. Unless extended by a written extension executed by the Parties, within (i) thirty (30) days following the City's approval of the Plans and Specifications (the "Commencement Date"), Developer shall commence with construction and installation of the Public Improvements, and (ii) two (2) years after the Commencement Date, Developer shall have completed such Public Improvements, Developer shall construct or have constructed, at its own cost and expense, the Public Improvements in accordance with the Plans and Specifications and the provisions of this Agreement. In the event good cause exists, the time for commencement of construction or completion of the Public Improvements 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. Developer shall provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary to fully and adequately complete the Public Improvements.

2.1 Pre-approval of Plans and Specifications. Developer is prohibited from commencing work on any portion of the Public Improvements until all plans and specifications for the Public Improvements have been submitted to and approved in writing by City ("Plans and Specifications"). Approval by City shall not relieve Developer from ensuring that all Public Improvements conform to all applicable laws, ordinances and regulation under California and federal law.

2.2 Permits and Notices. Prior to commencing any work, Developer (through its contractors) shall, at its sole cost and expense, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the Public Improvements and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in this Agreement, any applicable law, and any permit or license issued to Developer.

2.3 Public Works Requirements. Developer shall ensure that the bidding, awarding, and construction of the Public Improvements are undertaken as if such Public Improvements were constructed as a public works project under the direction and authority of City, pursuant to all provisions of law applicable to governmental entities. Developer shall also comply with the requirements of City's Bidding and Contract Requirements for Public Improvements Policy, as adopted by City Council, hereby incorporated by reference and made a part ofhereof(as may be amended from time to time). (a) Prior to soliciting or awarding the bid for any portion of the Public Improvements, Developer shall submit the bid packet and a set of construction drawings signed by Developer or another authorized representative designated by Developer for the work being bid to City Engineer or his or her designee for review and approval, which approval shall be granted or denied within fifteen (15) calendar days after submission of such bid packet. If City Engineer denies approval of such bid 2 '

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Final Acceptance of Public Improvement - Havadjia Packet Pg. 377 I
packet and construction drawings, City Engineer shall specify the reasons for such disapproval and Developer shall resubmit a revised bid packet for review and approval until such approval is obtained. (b) Developer shall obtain bids for the construction of the Public Improvements in a manner which has been approved by City Engineer. Developer shall provide City Engineer with copies of all bids received from California licensed contractors and a bid summary in a form approved by City Engineer to assure that the contractor/subcontractors adhere to the applicable legal requirements for public works projects. The contract or contra,cts for the construction of the Public Improvements shall be awarded to the responsible bidder(s) submitting the lowest responsive bid(s) for the construction of the Public Improvements. Developer, or its General Contractor, shall enter into a construction contract with each contractor selected to perfonn work on the Public Improvements (after competitive bidding as set forth above), ( each, a "Construction Contract") for the performance of the work set forth in the selected bid, and the terms of each Construction Contract entered into by Developer and each contractor/subcontractor shall be reasonably acceptable to City Engineer. Developer shall submit to City a copy of each executed Construction Contract for the Public Improvements within fifteen (15) days after execution thereof.
(c) Developer's general contractor for the construction of the Public Improvement ("General Contractor") shall pay prevailing wages (in accordance with Articles I and 2 of Chapter I, Part 7, Division 2 of the Labor Code) and otherwise comply with applicable provisions of the Labor Code, the Government Code, the Civil Code, and the Public Contract Code relating to public works projects of cities and as required by the procedures and standards of City with respect to the construction of its public works projects or as otherwise directed by City Engineer. (d) All contractors shall be required to provide proof of insurance coverage throughout the term of the construction of the Public Improvements which they will construct in conformance with Section 5 of this Agreement.

2.4 Schedule of Performance. Developer shall commence construction of the Public Improvements in accordance with the Schedule of Performance attached as Exhibit D.

2.5 Standard of Performance. Developer and its contractors shall perform all work required, constructing the Public Improvements in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement.

2.6 Alterations to Public Improvements. All work shall be done and the Public Improvements completed as shown on the Plans and Specifications, and any subsequent alterations thereto mutually agreed upon by City and Developer. If Developer desires to make any alterations to the Plans and Specifications, it shall provide written notice to City of such proposed alterations. City, through the City Engineer, shall have ten (10) business days after receipt of such written notice to administratively approve or disapprove such alterations, which approval shall not be unreasonably withheld, conditioned or delayed.

If City Engineer fails to provide written notice to Developer of its approval or disapproval of the alterations within such ten (I 0) business day period, City will be deemed to have disapproved such alterations to the Plans · and Specifications. Any and all alterations in the Plans and Specifications and the Public Improvements to be completed may be accomplished without first giving prior notice thereof to Developer's surety for this Agreement.
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2.7 Force Majeure, Developer agrees that the time within which it shall be required to perform any act under this Agreement shall not be exterided except as follows: (i) Developer is delayed by City (including, without limitation, restrictions on priority, initiative or referendum, or moratoria), in which case Developer shall provide written notice to City specifically describing the nature and extent of the delay caused by City and Developer's detailed efforts to avoid such delay, which references this Section and deliver such notice within twenty (20) days of discovering such delay, and Developer's obligations shall be extended for such time as City deems reasonable as a result of the delay if and only if Developer provides such written notice to City within such time; or (ii) Developer is delayed due to war, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires, casualties, natural disasters, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, processing with any governmental agencies, unusually severe weather, or any other similar causes beyond the control of Developer or without the fault of Developer. An extension of time for any such cause shall be for the period of the enforced delay equal to the number of days during which Developer's performance was delayed and shall commence to run from the time of the commencement of the cause, if written notice by Developer claiming such extension is sent to City within twenty (20) days of knowledge of the commencement of the cause.

3. Security; Surety Bonds. Prior to the commencement of any work on the Public Improvements, Developer or its contractor shall provide City with surety bonds in the amounts and under the terms set forth below or, at City's request, in lieu of surety bonds, a Jetter of credit or letters of credit issued by a banking institution with a rating to be approved by City and in the form and upon terms approved by City ("Security"). The amount of the Security shall be based on the estimated actual costs ("Estimated Costs") to construct the Public Improvements, as determined by City after Developer has awarded a contract for construction of the Public Improvements in accordance with this Agreement. If City determines, in its sole and absolute discretion, that the Estimated Costs have changed, Developer or its contractor shall adjust the Security in the amount requested by City. Providing the Security shall not release Developer of its indemnification obligation in Section 4.

3.1 Performance Bond. To guarantee the construction of the Public Improvements and faithful performance of all the provisions of this Agreement, to protect City if Developer is in default as qefined in Section 12, and to secure the Warranty of the Public Improvements pursuant to Section IO, Developer or its contractor shall provide City a faithful performance bond in an amount which sum shall be not Jess than one hundred percent (l00%) of the Estimated Costs. City may, in its reasonable discretion, partially release a portion or portions of the security provided under this section as the Public Improvements are accepted by City, provided that Developer is not in default on any provision of this Agreement and the total remaining security is not less than twenty percent (20%) of the Estimated Costs. All security provided under this section shall be released in accordance with the Public Improvement Agreement between the City and Developer executed as of an even date herewith.

3.2 Labor & Material Bond. To secure payment to the contractors, subcontractors, laborers, materialmen, and other persons furnishing labor, materials, or equipment for performance of the Public Improvements and this Agreement, Developer or its contractor shall provide City a labor and materials bond in an amount which sum shall not be less than one hundred percent (100%) of the Estimated Costs. The security provided under this section shall be released by City six (6) months after the date City accepts the Public Improvements, provided there are no outstanding stop payment notices.

3.3 Additional Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Best rating of at least "A" and FSC-VIII, shall be licensed to do business in California. As part of the obligation secured by the Security and in addition to the face amount of the Security, Developer and its contractor or the surety shall secure the costs and reasonable expenses and fees, including reasonable attorneys' fees and costs, incurred by City in enforcing the obligations of this Agreement. Developer and its contractor and the surety shall stipulate and agree that no change, extension 4 '

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Final Acceptance of Public Improvement - Havadjia Packet Pg. 379 of time, alteration, or addition to the terms of this Agreement, the Public Improvements, or the Plans and Specifications shall in any way affect its obligation on the Security.

4. Indemnification. Developer shall defend, indemnify, and hold harmless City, its elected officials, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court oflaw or by administrative action of any federal, state, or local governmental agency, arising out of or incident to any acts, omissions, negligence or willful misconduct of Developer in connection with the performance of this Agreement ("Claims"). This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any Claim which is caused solely and exclusively by the negligence or willful misconduct of City, as determined by a court or administrative body of competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this Agreement for a period of one(]) year after the City's acceptance of the Public Improvements, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, employees, or agents.

5. Insurance.

5.1 Types; Amounts. Developer shall procure and maintain, and shall require its contractors to procure and maintain, during performance of this Agreement, insurance of the types and in the amounts described below ("Required Insurance"). If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit.

5.1.1 General Liability. Occurrence version general liability insurance, or equivalent form, with a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage.

5.1.2 Business Automobile Liability. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any auto owned, leased, hired, or borrowed by the insured or for which the insured is responsible.

5.1.3 Workers' Compensation. Workers' compensation insurance with limits as required by the Labor. Code of the State of California and employers' liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence, at all times during which insured retains employees.

5.1.4 Professional Liability. For any consultant or other professional who will engineer or design the Public Improvements, liability insurance for errors and omissions with limits not less than Two Million Dollars ($2,000,000) per occurrence, shall be procured and maintained for a period of three (3) years following completion of the Improvements. Such insurance shall be endorsed to include contractual liability.

5.2 Deductibles. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected officials, officers, employees, agents, and volunteers; or (b) Developer and its contractors shall provide a financial guarantee satisfactory to City guaranteeing payment oflosses and related investigation costs, claims, and administrative and defense expenses. 5 8.14.c
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5.3 Additional Insured; Separation of Insureds. The Required Insurance,. except for the professional liability and workers' compensation insurance, shall name City as an additional insured with respect to work performed by or on behalf of Developer or its contractors, including any materials, parts, or equipment furnished in connection therewith. The Required Insurance shall contain standard separation of insureds provisions, and shall contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, or agents.

5.4 !Primary Insurance; Waiver of Subrogation. The Required Insurance shall be primary with respect to any insurance or self"insurance programs covering City, its elected officials, officers, employees, or agents. The policy required for workers' compensation insurance sha!J provide that the insurance company waives all right of recovery by way of subrogation against City in connection with any damage or harm covered by such policy.

5.5 Certificates; Verification. Developer and its contractors shall furnish City with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by City before work pursuant to this Agreement can begin. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

5.6 Term; Cancellation Notice. Developer and its contractors shall maintain ihe Required lnsurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. All policies shall, to the extent available from commercially reasonable insurance providers, be endorsed to provide that the Required Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire except on thirty (30) days' prior written notice to City.

5. 7 Insurer Rating. Unless approved in writing by City, all Required Insurance shall be placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least "A-" and FSC-Vlll.

6. lVfaintenance of. Improvements. City shall not be responsible or liable for the maintenance or care of, and shall exercise no control over, the Public Improvements until such Public Improvements are accepted by City. Developer shall have no obligation to make the Public Improvements available for public use at any time before the Public Improvements are accepted by City. Any use by any person of the Public Improvements, or any portion thereof, shall be at the sole and exclusive risk of Developer at all times prior to City's acceptance of the Improvements. Developer shall maintain al] of the Public lmprovements in a state of good repair until they are completed by Developer and accepted by City, and until the security for the performance of this Agreement is released. It sha11 be Developer's responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. lf Developer fails to properly prosecute its maintenance obligation under this section, City may, upon written notice and Developer's failure to remedy as provided in Section 12, do all work necessary for such maintenance, and the cost thereof shall be the responsibility of Developer and its surety under this Agreement. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Public improvements or their condition prior to acceptance, except to the extent such damage or injury is caused by the negligence or willful misconduct of City, its elected officials, employees, and/or agents.

7. City faspection of Public Improvements. Developer shall, at its sole cost and expense, and at all times during construction of the Public lmprovements, maintain reasonable and safe facilities and provide safe access for inspection by City of the Public Improvements and areas where construction of the Public Improvements is occurring or will occur. Developer shall give notice to City when the construction of all or a portion of the Public Improvements is complete. Upon receiving such notice, City may inspect 6 8.14.c
Final Acceptance of Public Improvement - Havadjia Packet Pg. 381 the Public Improvements and request any modifications or corrections as may be deemed reasonably necessary by City Engineer, in his or her sole discretion, to bring the Public Improvements into conformity with the Plans and Specifications, including any approved revisions thereto. Developer or Developer's contractors shall make all such modifications and corrections requested by City Engineer.

8. Liens. Developer shall not permit any liens to be filed against the Public Improvements and indemnifies City with respect to any such liens. Upon the expiration of the time for the recording of claims of liens as prescribed by Sections 8412 and 8414 of the Civil Code with respect to the Public Improvements, Developer shall provide to City such evidence or proof as City shall reasonably require that all persons, firms, and corporations supplying work, labor, materials, supplies, and equipment to the construction of the Public Improvements have been paid, and that no claims ofliens have been recorded by or on behalf of any such person, firm, or corporation. Rather than await the expiration of the said time for the recording of claims of liens, Developer may elect to provide to City a title insurance policy or other security acceptable to City guaranteeing that no such claims ofliens will be recorded or become a lien upon any of the Property.

9. Acceptance of hnprovements; As-Built or Record Drawings. If the Public Improvements are completed by Developer in accordance with the Plans and Specifications, as determined by City Engineer, City shall accept the Public Improvements promptly after the City Engineer determines that such Public Improvements have been completed in accordance with the Plans and Specifications. City may, in its reasonable discretion, accept fully completed portions of the Public Improvements prior to such time as all of the Public Improvements are complete, which shall not release or modify Developer's obligation to complete the remainder of the Public Improvements. Upon the total or partial acceptance of the Public Improvements by City, Developer shall file with the Recorder's Office of the County of San Bernardino a notice of completion for the accepted Improvements in accordance with California Civil Code Section 9204 ("Notice of Completion"), at which time the accepted Public Improvements shall become the sole and exclusive property of City without any payment therefor. Notwithstanding the foregoing, City may not accept any Public Improvements ( or the applicable portion thereof) unless and until Developer provides two (2) sets of"as-built" or record drawings or plans to City for all such Public Improvements (or the applicable portion thereof). The drawings shall be certified and shall reflect the condition of the Public Improvements .as constructed, with all changes incorporated therein.

10. Warranty and Guaranty. Developer warrants and guarantees all the Public Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of the Public Improvements, for a period of one (1) year following completion of the work and acceptance by City ("Warranty"). During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise materially unsatisfactory portion of the Improvements, in accordance with the Plans and Specifications. All repairs, replacements, or reconstruction during the Warranty period shall be at the sole cost and expense of Developer, and shall not be eligible for credits or reimbursements. As to any Public Improvements which have been repaired, replaced, or reconstructed during the Warranty, Developer hereby agree to provide a warranty for a one (1) year period following City acceptance of the repaired, replaced, or reconstructed Public Improvements.

Nothing herein shall relieve Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any Public Improvement following expiration of the Warranty or any extension thereof. Developer's warranty obligation under this section shall survive the expiration or termination of this Agreement.

11. DIF Credit and Reimbursement.

11.1 Calculation of Eligible Costs. Upon or prior to completion of the Public Improvements by Developer, Developer shall submit to City Engineer such information as City Engineer 7 8.14.c
Final Acceptance of Public Improvement - Havadjia Packet Pg. 382 may require to calculate the actual costs incurred by Developer to construct the Public Improvements ("Actual Costs").

11.2 Credit/Reimbursement Limits. The credit and, if applicable, reimbursement amount owed to Developer for construction of the Public Improvements ("Credit/Reimbursement Amount") shall be equal to the Actual Costs, subject to the following limitations:

11.2.1 Reasonable Soft Costs. City Engineer shall, in his or her sole reasonable discretion, determine the amount of reasonable soft costs eligible for credit and reimbursement under the DIF Ordinance. Such amounts may include professional engineering and design services, construction management, soils testing, permits, plan check fees, and inspections, but shall not include interest or attorneys' fees. For soft costs to be reimbursable to Developer pursuant to this Agreement, City must be able to verify that such soft costs are specifically attributable to the specified Public Improvements for which reimbursement is being made, by reference to separate subcontract(s) or by another means approved by City in writing. The total amount of the soft costs shall not exceed fifteen percent (15%) of the Credit/Reimbursement Amount. City Engineer may, in his or her reasonable discretion, reduce or disallow credit/ reimbursement for any costs he or she finds excessive or unreasonable:

11.2.2 Nexus Report Costs Estimates. The Credit/Reimbursement Amount shall not exceed the cost estimates for the Public Improvements included in the Nexus Reports, unless approved by City council.

11.2.3 DIF Categories. Developer acknowledges that D!Fs are imposed in various separate categories to fund specific public facilities. Credit against D!Fs may only be applied for eligible improvements identified in the specific DIF category.

11.3 Conditions Precedent to Final Credit or Reimbursement. City's obligation to provide fee credits or reimbursements for the Public Improvements pursuant to this Agreement is conditioned upon the prior satisfaction by Developer or written waiver by City Manager of each of the following Conditions Precedent within the times designated below:

11.3.1 Completion of Construction. Developer shall have completed the construction of the Public Improvements in accordance with this Agreement, and thirty (30) days have elapsed since notic~s of completion have been recorded in relation to the Public Improvements, in accordance with California Civil Code Sections 9204 and/or 8182 (as applicable). The purpose of this provision is to ensure that the Public Improvements will be independently functional and to maintain consistency with vesting rights, and nothing herein shall be deemed to make any part of the Project a public work other than the Public Improvements.

11.3.2 Submission of Documents. Developer shall have made full and complete payment of all undisputed claims for work performed on the Public Improvements, or in the event of a dispute between Developer and the General Contractor or a subcontractor, Developer shall have obtained a commercially reasonable bond reasonably satisfactory to City to release any applicable mechanics' lien or stop notice, and Developer shall have submitted and City shall have approved a written request for the credit/reimbursement, including copies of all bills and/or invoices evidencing the costs of constructing the Public Improvements actually incurred by Developer and any other documents reasonably required by City.

11.3.3 As-Built Drawings. Pursuant to Section 9, Developer shall have submitted two (2) sets of final as-built drawings for the Public Improvements to City Engineer.

11.3.4 Acceptance of Required Public Improvements by City. The City Council shall have accepted title to the Public Improvements. 8 8.14.c
Final Acceptance of Public Improvement - Havadjia Packet Pg. 383 ,

11.3.5 No Default. Developer shall not be in default in any of its obligations under the terms of this Agreement, and all representations and warranties of Developer contained herein shall be true and correct in all material respects.

11.3.6 Compliance with DIF Ordinance and Conditions of Approval.

Developer shall be in compliance with all requirements of the DIF Ordinance and the Conditions of Approval.

12. Default; Notice; Remedies.

12.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation or code, City may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation ("Notice of Default"). Developer shall substantially commence the work required to remedy the default or violation within five (5) business days of the Notice of Default. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the Notice of Default verbally, and Developer shall substantially commence the required work within twenty-four (24) hours thereof. Immediately upon City's issuance of the Notice of Default, Developer and its surety shall be liable to City for all costs of construction and installation of the Public Improvements and all other administrative costs or expenses, as provided for in Section 13 of this Agreement.

12.2 Failure to Remedy; City Action. If the work required to remedy the noticed default or violation is not commenced within the time required under Section 12.1 of this Agreement and diligently prosecuted to completion, City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its reasonable discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost and expense of Developer and its surety, without the necessity of giving any further notice to Developer or surety. In the event City elects to complete or arrange for completion of the remaining work and the Public Improvements, City may require all work by Developer or its surety to cease in order to allow adequate coordination by City.

12.3 Other Remedies. No action by City pursuant to this Section 12 shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. City may exercise its rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance.

13. Administrative Costs. If Developer fails to construct and install all or any part of the Public Improvements, or ifDeveloper fails to comply with any other obligation contained herein, Developer and its surety shall be jointly and severally liable to City for all administrative expenses, fees, and costs, including reasonable attorneys' fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law.

14. Miscellaneous.

14.1 Relationship between the Parties. The Parties hereby mutually agree that this Agreement shall not operate to create the relationship of partnership, joint venture, or agency between City and Developer. Developer's contractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of City.
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Final Acceptance of Public Improvement - Havadjia Packet Pg. 384

14.2 Authority to Ellllter Agreemellllt. Each person executing this Agreement on behalf of Developer represents and warrants that he or she has the legal power, right and authority to exec Ute this Agreement on behalf of Developer and that this Agreement is binding upon Developer.

14.3 Notices. Any notice, demand, request, consent, approval, or communication either Party desires or is required to give to the other Party or any person shall be in writing and either served personally, communicated electronic mail (with a receipt requested), or sent by prepaid, first-class mail to the address set forth below. Notice shall be deemed communicated immediately upon personal delivery, fax or email receipt, or forty-eight ( 48) hours from the time of mailing if mailed as provided in this Section:

To City:

With Copy to:

To Developer:

City of Chino
13220 Central Ave.

Chino, CA 91710
Attn: Nick Liguori, Director of Development Services
Email: J\[email protected]
Aleshire & Wynder, LLP
188881 Von Karman Ave., Suite 1700
Irvine, CA 92612
Attn: Fred. Galante, Esq.

Email: fgalante1c1Jawattorneys.com
Santos M. Lacuesta
Havadjia Holdings, Inc.
3 800 Orange St. #250
Riverside, Calif. 92501
951-782-8255 - Office
909-816-9081 - Cell
jrnineo(~ilfarmerboys.cgm

14.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.

14.5 Construction: References: Captions. The Parties agree that the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.

Any term referencing time, days, or period for performance shall be deemed calendar days and not work days, unless specified therein. All references to Developer include all personnel, employees, agents, and contractors of Developer, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specifi~d in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, corrtent, or intent of this Agreement.

14.6 Amendment; Modification; No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and executed by both Parties.

14.7 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Paro; shall give the other Party any contractual right by custom, estoppel, or otherwise.
•

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Final Acceptance of Public Improvement - Havadjia Packet Pg. 385 '

14.8 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns.

This section shall not be construed as an authorization for any Party to assign any right or obligation.

14.9 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

14.10 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

14.11 Governing Law; Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties' activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of San Bernardino, California.

14.12 Time is of the Essence. Time is of the essence in this Agreement, and the Parties agree to execute all documents and proceed with due diligence to complete all covenants and conditions.

14.13 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and whic~ collectively shall constitute one instrument.

14.14 City Officers and Employees. No officer or employee of City shall be personally liable to Developer or any successors in interest in the event of any default or breach by City or for any amount that may become due to Developer or any successor(s) in interest or for breach of any obligation of the tenns of this Agreement. No officer or employee of Developer shall be personally liable to City or any successor(s) in interest in the event of any default or breach by Developer or for any amount that may become due to City or their successors in interest or for breach of any obligation of the tenns of this Agreement.

14.15 Entire Agreement. This Agreement contains the entire agreement between City and Developer and supersedes any prior oral or written statements or agreements between City and Developer.
reference:

14.16 Exhibits. The following exhibits are attached hereto and incorporated herein by Exhibit A
Exhibit B
ExhibitC
Exhibit D
Location Map
Conditions of Approval
Public Improvements
Schedule of Perfonnance
[SIGNATURES ON FOLLOWING PAGE]
1 1

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Final Acceptance of Public Improvement - Havadjia Packet Pg. 386 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.

D!EVELO!P!ER:

By:---------
lts: --------
ClITY:

CITY OF CHINO, a municipal corporation
By: Ma~lantyne
City
~ Manager
DA TED: Iv YI, , 2020
ED AS TO CONTENT:
r,·
Ni uori, AlCP
Director of Development Services
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
By: ________ _
Fred Galante, City Attorney
DEVELOPER: TWO !PERSONS AUTHORIZED BY THE APPLICABLE ENTITY FORMATION DOCUMENTS SHALL EXECUTE THIS AGREEMENT. COPIES OF APPLICABLE DOCUMENTS EVIDENCING SUCH AUTHORITY SHALL BE PROVIDED TO CITY.

DEVELO!P!ER SIGNATURES SHALL iBE DULY NOTARj]ZED, AND APPROPRIATE ATTESTATlONS SHALL BE ilNCLlIDED AS MAY !El!E REQUilRED BY THE APPLICABLE

FORMATION DOCUMENTS FOR THE ENTITY,
12 8.14.c
Final Acceptance of Public Improvement - Havadjia Packet Pg. 387 DocuSign Envelope ID: 6CD4E945-48E1-4C0C-B27A-EC466CB00EB2 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.

DEVELOPER:

By:---------
Its: _______ _
CITY:

CITY OF CHINO, a municipal corporation
By: _______ _
Matthew C. Ballantyne
City Manager
DATED: ____ , 2020
ATTEST:

Angela Robles, City Clerk
ED AS TO CONTENT:

Nicholas S. Li uori, AICP
Director of Development Services
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
r:OoooSlgoed by,
By: A!.lt.85
Fred Galante, City Attorney
DEVELOPER: TWO PERSONS AUTHORIZED BY THE APPLICABLE ENTITY FORMATION DOCUMENTS SHALL EXECUTE THIS AGREEMENT. COPIES OF APPLICABLE DOCUMENTS EVIDENCING SUCH AUTHORITY SHALL BE PROVIDED TO CITY.

DEVELOPER SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE

ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE APPLICABLE FORMATION DOCUMENTS FOR THE ENTITY.
12 8.14.c
Final Acceptance of Public Improvement - Havadjia Packet Pg. 388 '
E,'i:HIBIT A

LOCATION MAI'

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Final Acceptance of Public Improvement - Havadjia Packet Pg. 389

EXHIBITB

CONDITIONS OF APPROVAL
[Attached]
'

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Final Acceptance of Public Improvement - Havadjia Packet Pg. 390 I
JP MB
MK -,:- DC -J
E-Mail Sent: --;B;;,/1~2/~19;;,-__
To: Marla Staar

DEVELOPMENT ENGINEERING DIVISION CONDITIONS OF APPROVAL TIME EXTENSION FOR SITE APPROVAL NO. 16-0772
DATE: -'-'Au=g=u"'-st-'1~2,.._2=0""19"------- PC MEETING DATE: 1st Time Extension PROJECT DESCRIPTION: Construction of a 3,218 SF Drive-thru Restaurant (Farmer Boys) & a second 2,300 SF building of lease space, on 1.98 gross acres
PROJECT LOCATION: Southwest corner of KimbaHAve and Euclid Ave.(APN 1056-061-04} APPLICANT: HHI San Bernardino, LLC PROJECT ENGINEER: M. Khudadatov

PRIOR TO THE TWO 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 COMMUNITY DEVELOPMENT,

THE ASSISTANT CITY MANAGER, AND/OR THE DIRECTOR OF PUBLIC WORKS 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 PERMITS AND 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. 4-.a Pre1,
1 ise a Mom1mentalien Ben(l.

1.3 Make the following dedications('):

Street Name
Kimball Avenue
Distance
64-fl total C/L to R/W
(12-fl addt'I dedication)
Direction From C/L
South

1.4 Developer may be required by the city engineer to dedicate to the City an easement for public sidewalk and access over the two entrances to the project site from Euclid Ave and Kimball Ave.

1.5 Provide a preliminary Title Report no older than 60 days.

1.6 Prepare and submit a drainage study, including supporting hydraulic and hydrological data to the project engineer for approval. The study shall confirm or recommend changes to the City's adopted Master Drainage Plan by identifying off-site and on-site storm water runoff 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.

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Final Acceptance of Public Improvement - Havadjia Packet Pg. 391 SITE APPROVAL NO. 16-0772 2 August 12, 2019

1.7 Prepare and record necessary drainage easements to implement the project in accordance with drainage law.

1.8 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.

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

4.4Q CGinflcl}' Wlih r&l!Uil;iFREiR1& desGri~ed ii'! the ~P!IF&\llid. TIA date:a Desem~er 8, 2Q17 ey payjRg a t.llr ehaF$ lioR!fiblilio!!Jor QIF impi:Ei•,emeRts IR the City Qf GhlRa;

1.11 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.

1.12 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 improvements shall include, but not be limited to, the following: (Please coordinate and verify all requirements with the pr.oject engineer.)
Curb & Gutter (Offset from Centerline)
Sidewalk (Width)<1J<5Jl14Jl17J
Asphalt Concrete Pavement on Aggregate Base(3l
(Width from Centerline)
Asphalt Concrete Overlay
Street Lights
Median Island and Landscaping
Parkway Landscaping(6J
Striping and Traffic Controfs(11,
Traffic Signal lnterconnectm
Traffic Signaf(7l
Conduit S.ystem for CA TV
Sewe~•>
Stonn Drain'">
Domestic Water(B>t9>
Recycled Wale~•>
Street Names
Euclid Kimball
Ave<2J<•J<1•J<1s, Ave<2J<•J<10,
84'West 52' South
5' Min.<16, 5' Min.

X X
X X
X X
X X
X X
X X
)l
Fire Hydrants as required by CVIFD(13> X X
(1) Wheelchair ramps will be reconstructed at the southwest corner of Kimball Avenue and Euclid Avenue.
(2) Public improvements shall comply with disabled access requirements at the time of project acceptance.
(3) The extent of pavement and base replacement, slurry seal, and/or grind and overlay of existing pavement will be detennined based upon an R-value of the existing pavement condition of Kimball Avenue and Euclid Avenue as determined by core samples and/or discretion of the City Engineer.
(4) Remove and/or repair any damaged, broken, abandoned or sub-standard improvements resulting from the project.

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Final Acceptance of Public Improvement - Havadjia Packet Pg. 392 '
:SITE APPROVAL NO. 16-0772 3 August 12, 2019
(5) Maintain a 4-ft clearance around obstructions within !he path-of-travel {i.e. hydrants, street ligh'I poles, etc.). A sidewalk & access easement will be reqllired should ii fall behind the Pllblic right-of-way line.
(6) The parkway maintenance shall be the responsibility of the property owner. Parkway landscaping and irrigation installation is required to be installed along the project fronlage. (7) Existing traffic signal at the southwest comer of Kimball Avenue and Euclid Ava11ue intersection shall be relocated. Submit traffic signal plan, for review and approval, el !he discretion of Traffic Division and the City Engineer.
(8) Utility connections to City main lines shall meet City standard~ and specifications. (9) Relocation of existing fire hydrants is required. A new water meter with connection shall be implemented for this project.
(·IO) Traffic control plans may need to be reviewed/approved prior to permit issuance. (11) Limits of signing & striping shall be determined by !he Cfty Engineer. {42!-T-he--ir~--fur~ojool-i&-t&-~ meaOiRg Ille -4-~
pipe termlwre AJG~ol8Q ¼'liter uses.
('I 3) Any Fire Hydrant along Euclid Ave and Kimball Ave shall be relocated and is subjed to approval by CVIFD.
('14) Sidewalk width at driveway approach shall be 4 ft. (15) Euclid Ave intersection improvements are considered Caltrans right-of-way. (16) Join existing sidewalk on Euclid Ave, approx. 130' S/o the siie at the discretion of th,e City Engineer. The sidewalk shall be constructed to be RIW adjacent. (17) Sidewalk widths shall match ex.isling conditions. Field verify.

1.13 Execute a Public Improvement Agreement and submit security in an amount accep'lable !CJ the City Engineer to guarantee construction of the public improvements listed in section 1.0. All security must be acce.ssible to the City at any time and in a fom1 acceptable io the Department Director, pursuant to Government Code, Section 66499.

1. ·14 Complete and file !he petition for annexation of your project property to the City's Landscape and Street Lighting Maintenance District MD 2002-01.
1 .15 Obtain design and plan approval from appropriate utility companies for undergrounding all u!ili!y lines adjoining and interior to the project, including power lines of 34.5kV or less in accordance with City Code, Chapter 13.32.
1 . 'l 6 Comply with all applicable requirements of the City Code ·1, 17 Pay all applicable fees pursuant to City Code including, but no! limited to Development lmpe-c! Fees (DIF), sewage Facilities Development Fees (SFDF), plan check/review fees, inspection and permit fees.

1.18 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 Pe1mit, applicable fee information and the necessary forms to complete the NOi are available by calling (9·15) 341-5537 or on the SWRCB web site at
http://www.swrcb.ca.gov/water issues/programslstormwater/constpermits.shtml. 1 :19 Pursuant to Santa Ana Regional Water Quality Control Board Order Number R8-20·1Q-0036, NPDES Permit No. CAS6'18036, prepare a project-specific Water Quality Management Plan (WQMP) and submit to the project engineer for review and approval. To address NPDES

8.14.c
Final Acceptance of Public Improvement - Havadjia Packet Pg. 393 SITE APPROVAL NO. 16-0772 4 August 12, 2019
Permit requirements to the maximum extent practicable, the project shall be designed to specify preferential use of Low Impact Development Best Mam1gement 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.

1.20 Any future maintenance and repair of fire service and sewer laterals to the project site shall be the sole responsibility of the applicant/property owner in accordance with City Code, , Chapter

13.04.175 and 13.12.150.

1.21 All public street corners shall have a minimum curb radii per City Code, Chapter 19.06 and City Standards and Specifications.

1.22 Provide adequate sight distance per City Standard No. 865 for each project driveway: off Kimball Avenue and Euclid Avenue. Landscaping type and height shall be maintained to ensure sight distance requirements are perpetuated.

1.23 Submit to the City electronic files, in Adobe Acrobat PDF formal, of all submittals, including reports, studies, improvement plans and City redlines of previous submittals.

1.24 Obtain Caltrans approval for improvements in the State right of way. Provide easement(s) to Caltrans as required.

1.25 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.

1.26 Recycled water shall be used to irrigate all areas as allowed by Code.

1.27 Obtain approval from IEUA for connection to Kimball Sewer Interceptor Line.

1.28 Construct an eastbound right turn lane at the intersection of Euclid Ave and Kimball Ave (200-ft long).

1.29 Comply with requirements described in the approved TIA dated December 8, 2017.

1.30 Both driveways 1 & 2 shall have right-in/right-out access only.

1.31 Developer shall pay an in-lieu fee of $59, 160 for the Euclid Ave half median (32') which includes but is not limited to landscape, irrigation, lighting, hardscape, curb, gutter and pavement.

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
'

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Final Acceptance of Public Improvement - Havadjia Packet Pg. 394 51TE APPROVAL NO. 16-0772 5 August 12, 2019

2.3 The applicant's Civil Engineer shaU field verify that all water quality BMPs are designed, constructed, and functiqnal in accordance with the approved WQMP. Submit a completed City of Chino BMP field verification form to the project engineer for review and approval. 2,4 Pra>Jlde aRd reoor:d a FeaifiiFGSal wse a.mi malRteRaAse agFeement ta asswFE! semmoR iAgFess and 98Fess aAdJoiAlmaimeAaF1se of all oemmeA asoess, pa~Afl areas aAd llfives.

2.5 Pay all remaining applica!)le 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 format and Adobe Acrobat PDF format. AUTOCAD files shall be submitted as an archived zip file of the CAD drawings with all base files attached.

2.8 Submit a report certifying that all public improvements constructed as part of the project are compliant with applicable ADA regulations. The report shall be prepared and submitted by a Certified Access Specialist (CASp). The report must be reviewed and approved prior to the City Council's acceptance of public improvements. The proposed pyblic improvements may cause existing public improvements adjacent to or within the project area to be reconstructed in order to comply with ADA regulations.

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Final Acceptance of Public Improvement - Havadjia Packet Pg. 395

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

ENGINEERING DIVISION

ITEMS REQUIRED FOR FIRST PLAN CHECK SUBMITTAL
SITE APPROVAL ......:.N:.::o:..;. 1:.::6·..=0.:.:77c.=2c_...... ______ _ PROJECT ENGINEER: -·"'M"'. K"'-h,,,ud,.a,.,da,,,to,,.v ___ - __ DATE: 8/12/19

IZJ A COPY OF THIS CHECK LIST MUST BE SUBMITTED WITH THE FIRST PLAN CHECK IZJ 1 Copy of Engineering Conditions of Approval
D 2 Sets of Maps (Subdivision Only)
IZ! 2 Copies of preliminary Titla Report (no older than six months) (Subdivision Only) D 2 Copies of Closure Calculations (Subdivision Only)
D Set of Referenced Maps (Subdivision Only)
IZJ 1 Copies of Preliminary Soils Report (no older than sixty days) D 2 Copies of lot line adjustment certificate
0 2 Copies of lot merger
IZJ 2 Copies of right-of-way/easement dedication
D 4 Sets of Rough Grading Plans
IZJ 5 Sets of Precise Grading Plans
[81 4 Sets of Storm Drain Plans
[81 1 Copies of Hydrology and Hydraulic Calculations with Backup Data (Signed and Sealed by a Registered Civil Engineer)
[81 1 Copies of Engineering Cost Estimate (On City Forms) with Engineer's Wet Signature and Stamp
[81 2 Sets of Street Improvements Plans
[81 2 Copies of Cross-Sections (if street plans are required) at 50' intervals and extended a minimum of 100' beyond limits of improvements
[81 3 Sets of Sewer Plans
[81 3 Sets of Domestic Water Plans
□ 3 Sets of Recycled Water Plans
[81 2 Sets of Street Light Plans
[81 2 Copies of Voltage Drop Calculations (Signed and Sealed by a Registered Engineer} [81 2 Sets of Signing and Striping Plans
□ 2 Sets of Traffic Signal Interconnect Plans
[81 2 Sets of Traffic Signal Plans
[81 1 Water Quality Management Plan
Rev. 2127/17 MB

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Final Acceptance of Public Improvement - Havadjia Packet Pg. 396

EXHIBITC

PUBLIC IMPROVEMENTS
The scope of work consists of, but is not limited to: mobilization; traffic control, cold milling of existing AC pavement; AC overlay; new right tum lane AC paving; relocate existing access ramp to comply with current ADA standards and new curb radius; adjustment of valves and manholes to grade, roadway pavement signaling, signing and striping; new sidewalk, landscaping, and driveway access; extension of utilities to 5' inside property boundary for future Farmer Boys restaurant an multi-tenant commercial service building.

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Final Acceptance of Public Improvement - Havadjia Packet Pg. 397

EXHIBITD

SCHEDULE OF PERFORMANCE
o Approval of Plans - May 2020
• Public Bidding- June 2020
• Award of Contract (s)-June-July 2020
• Preconstruction Meeting(s)-July 2020
• Mobilization - July 2020
• Construction
o Kimball Avenue Improvements - July 2020 through November 2020 • Water, Sewer, Recycled Water, Fire Water
• Street Improvements including right turn lane east bound on Kimball • Sidewalk and landscaping
• Traffic Signal Relocation (at Kimball and Euclid)
• Final Inspection: November 2020
• City Acceptance of Improvements: December 2020
, •.

8.14.c
Final Acceptance of Public Improvement - Havadjia Packet Pg. 398 Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: DECEMBER 6, 2022
TO: LINDA REICH, CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: INTRODUCTION OF ORDINANCE NO. 2022-018.

RECOMMENDATION
1) Conduct a public hearing; 2) approve the introduction of the first reading of Ordinance No. 2022-018 that will amend Chapter 10.28.065 to the City’s Municipal Code to allow for parking restrictions for street sweeping purposes citywide, to be read by number and title only, and waive further reading of the Ordinance; and 3) approve Resolution No. 2022-082 Resolution 2022-082 Limiting On-Street Parking for Street Sweeping.

FISCAL IMPACT
There is no fiscal impact resulting from the proposed changes to the CMC. There will be future costs and revenue associated with posting and enforcement of parking restrictions related to street sweeping. Some costs have already been adopted within the Fiscal Year 2022-2023 budget.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image
• Responsible Long-Range Planning

9.15 PUBLIC HEARING Packet Pg. 399
COUNCIL MEETING DATE: DECEMBER 6, 2022
SUBJECT: INTRODUCTION OF ORDINANCE NO. 2022-018
PAGE 2

BACKGROUND
Street sweeping helps to maintain and clean public streets through routine maintenance activities. The City has observed that on-street parking prohibits street sweepers from effectively sweeping the gutter edge of roadways. When vehicles park on the street during sweeping activities, the sweeper is forced to go around parked cars missing the opportunity to clear the gutter of dirt and debris that collects over time which has a negative impact keeping streets clean and reduces roadway life.

The California Vehicle Code (CVC) enables local jurisdictions to pass resolutions or ordinances to allow for parking restrictions specifically targeting street sweeping in Section 22507.6. In compliance with the CVC, the City Municipal Code has a section enabling parking restrictions on public streets for street sweeping purposes.

CVC Section 22507.6 states:

Local authorities may, by ordinance or resolution, prohibit or restrict the parking or standing of vehicles on designated streets or highways, or portions thereof, for the purpose of street sweeping. No ordinance or resolution relating to the parking or standing of commercial vehicles in a residential district shall be effective with respect to any commercial vehicle making pickups or deliveries of goods, wares, or merchandise from or to any building or structure located on the restricted street or highway, or for the purpose of delivering materials to be used in the repair, alteration, remodeling, or reconstruction of any building or structure for which a building permit has previously been obtained. No such ordinance or resolution shall be effective until the street or highway, or portion thereof, has been signposted in accordance with the uniform standards and specifications of the Department of Transportation, or local authorities have caused to be posted in a conspicuous place at each entrance to the street a notice not less than 17 inches by 22 inches in size, with lettering not less than one inch in height, setting forth the day or days and hours parking is prohibited. As used in this section, “entrance” means the intersection of any street or streets comprising an area of restricted parking for street-sweeping purposes on the same day or days and hours with another street or highway not subject to such a parking restriction, or subject to parking restrictions on different days and hours.

In compliance with this CVC section, the current ordinance reads as follows:

10.28.065 - No parking on specified streets during specified days and hours.

A. No person shall park or leave standing any vehicle on any street or portion of such street specified in subsection B of this section during the days and hours specified by resolution for each street, area, or neighborhood. Any violation of this section is an infraction.

B. This section shall be effective on the following streets:

1. All streets within The Preserve, which is bounded by Euclid Avenue on the west, Merrill Avenue on the north, Hellman Avenue on the east, and State Route 71 on the south.

2. All streets within College Park, which is bounded by Central Avenue on the west, Edison Avenue on the north, Euclid Avenue on the east, and the California Institution for Men on the south.

C. Notice of this chapter shall be posted in accordance with Section 22507.6 of the California Vehicle Code.

9.15 PUBLIC HEARING Packet Pg. 400
COUNCIL MEETING DATE: DECEMBER 6, 2022
SUBJECT: INTRODUCTION OF ORDINANCE NO. 2022-018
PAGE 3
In 2005, parking restrictions within the College Park and The Preserve communities was approved by the City Council. As development has occurred, No Parking signs were installed to meet the requirements of CVC 22507.6. As part of the Fiscal Year 2022-23 Budget, City Council authorized staff to improve our city image by reducing obstacles that prohibit the effective street sweeping on several streets with the installation of Street Sweeping No-Parking signs during street sweeping hours of streets and to proceed with an enforcement program.

ISSUES/ANALYSIS
To begin, it is important to clarify that tonight’s recommended action constitutes the approval of enabling legislation for staff to develop an implementation and public outreach strategy. Staff intends to begin this program's implementation in January 2023, and will provide periodic updates to the City Council.

With regard to proposed changes to the CMC, as it is currently written, CMC 10.28.065 only applies to the College Park and The Preserve communities. This code requires amending to allow for the legal posting and enforcement of on-street parking prohibition during street sweeping activities on all public streets in the city. The code change provides staff with clear and responsible long-range planning as the citywide street sweeping parking restriction program is implemented over time in a phased approach throughout the city. The Public Works Department and Police Department will work together to implement the street sweeping program. The proposed amended text of CMC 10.28.065 is recommended to read as:

A. No person shall park or leave standing any vehicle on any street or portion of such public street during the days and hours specified by resolution for each street, area, or neighborhood. Any violation of this section is an infraction.

B. Notice of this chapter shall be posted in accordance with Section 22507.6 of the California Vehicle Code.

As indicated in CVC 22507.6, not every street requires posting to be effective. The entrances to every neighborhood and community are required to be posted. Staff will ensure that signs are posted conspicuously and practically at every entrance into a neighborhood or community where the street sweeping dates and times are the same. Upon amendment of the code, staff will begin to deploy street sweeping signage in a phased approach so that the citywide street sweeping can occur over time.

At the September 20, 2022, City Council Workshop, staff presented their current proposed plan and received direction from the City Council. Included in the direction received were modifications to the parking restriction window to be as small as possible to minimize the impact on residents. Staff has worked with the street sweeping service provider to modify the dates and times for street sweeping. With the new days and times, the street sweeping services will be more reliable by balancing streets to be swept each day.

The attached Exhibit A is a map of the City identifying the areas that will be swept on specific days each month. Street sweeping occurs twice a month on a specified day of the week. For example, some areas will have street sweeping occur on the first and third Tuesday of the month. In this case, street sweeping would occur on the first and third occurrence of Tuesday in each month. The CVC exempts service vehicles in the act of providing services and vehicles displaying accessible parking from street sweeping parking prohibitions.

Attachments: Street Sweeping Ordinance
Resolution Limiting On-Street Parking for Street Sweeping

9.15 PUBLIC HEARING Packet Pg. 401
COUNCIL MEETING DATE: DECEMBER 6, 2022
SUBJECT: INTRODUCTION OF ORDINANCE NO. 2022-018
PAGE 4
Exhibit A - Street Sweeping Map

9.15 PUBLIC HEARING Packet Pg. 402
ORDINANCE NO. 2022-018

AN ORDINANCE OF THE CITY OF CHINO, CALIFORNIA,
AMENDING CHAPTER 10.28.065 OF THE CHINO MUNICIPAL

CODE TO ALLOW PARKING RESTRICTIONS FOR STREET
SWEEPING PURPOSES CITYWIDE.

WHEREAS, the City of Chino (“City”) is authorized by the California Vehicle Code Section 22507.6 to make and enforce within its limits parking restrictions for the purposes of providing street sweeping services; and
WHEREAS, the City Council has determined that parking on street prohibits proper street sweeping which negatively impact proper maintenance of these streets which has an impact on the health, safety and welfare of the public;
WHEREAS, the City Council has already prohibited parking on streets within the College Park and The Preserve communities in Chino Municipal Code section 10.28.065; and WHEREAS, the City Council desires to create a citywide on-street parking restrictions for street sweeping purposes throughout the City and provide penalties for violations of these restrictions to protect the health, safety, and welfare of the public and to provide routine maintenance through street sweeping and the City’s Police Department processes for violations of this prohibition;
NOW, THEREFORE, the City Council of the City of Chino does ordain as follows:

SECTION 1. The above recitals are true and correct and incorporated herein.

SECTION 2. Chapter 10.28.065 is hereby amended to the Chino Municipal Code to read in its entirety as follows:

10.28.065 – No parking on specified streets during specific days and hours A. No person shall park or leave standing any vehicle on any street or portion of such public street during the days and hours specified by resolution for each street, area, or neighborhood. Any violation of this section is an infraction.

B. Notice of this chapter shall be posted in accordance with Section 22507.6 of the California Vehicle Code.

SECTION 3. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions might subsequently be declared invalid or unconstitutional.

9.15.a
Introduction of Ordinance No. 2022-018 Amending Chapter Packet Pg. 403 ORDINANCE NO. 2022-018