Agenda packet, first session — Chino City Council, May 2, 2023 (part 1 of 2)

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 inqui ries 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 an y 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 a genda w ill 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 MAY 2, 2023

OPEN SESSION – 6:00 PM
(PLEASE NOTE NEW START TIME)

AGENDA

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

FLAG SALUTE

CEREMONIALS
Proclamations
National Mental Health Awareness Month – May 2023
Presentations
Recognition of Chino High School Wrestling Team
2022 Planning Commission Awards
Business of the Month May 2023 - R&L Feed
Mayor's Home Beautification Award - May 2023

AGENDA ADDITIONS/REVISIONS

CHINO CITY COUNCIL
MAY 2, 2023 2

INFORMATION
Legislative Update - Tracked Pieces of Legislation

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 a ddress 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) lim its 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. Items placed on the Consent Calendar represent routine expenditures and/or actions that support ongoing City operations.

1. Warrants. Approve expenses as audited and within budget for warrants 764948 to 765249, and Electronic Fund Transfers 517112E to 517237E, totaling $6,238,477.76.

2. Elected City Official s’ 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.

3. Award of Contract and Vendor Ca p Increase - Community Works Design Group . Award a contract in the amount of $54,967 to Community Works Design Group, Riverside, CA for the Carolyn Owens Community Center Demonstration Garden project.

4. Award of Contract - Water Environmental Building L ead and Asbestos Abatement Project (MS237). Award a construction contract in the amount of $66,500 to Resource Environmental, Inc., Cerritos, CA for the Water Environmenta l Building Lead and Asbestos Abatement Project (MS237).

5. Award of Contract - Special District Administration Services . Award a contract to Webb Municipal Financial Associates, LLC., for special district administration services in the amount of $126,662.81 and authorize the City Manager to execute all necessary documents on behalf of the City.

6. Federal Asset Forfeiture - Equipment Purchase. Appropriate $15,369 from the Federal Asset Forfeiture / Department of Justice Fund for the purchase of replac ement duty equipment and approve a vendor cap increase for ProForce.

7. Vendor Cap In creases – Automotive Training Instructor, Inc., and Haaker Equipment, Co.

Authorize a $30,000 vendor cap increase for Automotive Training Instructor, Inc., Chino, CA fo r a revised total of $80,000 and authorize a $20,000 vendor cap increase for Haaker Equ ipment Company, La Verne, CA for a revised total of $70,000.

CHINO CITY COUNCIL
MAY 2, 2023 3

8. Vendor Cap Increase - Chino Basin Desalter Authority . Approve a vendor cap increase in the amount of $42,418.20 to Chino Basin Desalter Authority.

9. Acceptance of Cal Recycle Used Oil Paym ent Program (OPP12) Grant Funds . Authorize the acceptance of an award of funds for the State Department of Resources, Recycling and Recovery (Cal Recycle) Used Oil Payment Program (OPP12) totaling $12,124.

10. Acceptance of Cal Recycle Used Oil Payment P rogram (OPP13) Grant Funds . Authorize the acceptance of an award of funds for the State Department of Resources, Recycling and Recovery (Cal Recycle) Used Oil Payment Program (OPP13) totaling $14,180.

11. Grant Acceptance of City/County Payment Program ( CCPP21) Funds . Authorize the acceptance of the award of funds from the State Department of Resources Recycling and Recovery (CalRecycle) Fiscal Year 2021 -22 City/County Payment Program (CCPP -21) in the amount of $22,080

12. Grant Acceptance of City/Count y Payment Program (CCPP22) Funds . Authorize the acceptance of the award of funds from the State Department of Resources Recycling and Recovery (CalRecycle) Fiscal Year 2022-23 City/County Payment Program (CCPP -22) in the amount of $23,192

13. Notice of C ompletion: NC231 - Localized Asphalt Patch and Pothole Repairs at Schaefer Avenue. Accept the Localized Asphalt Patch and Pothole Repairs for the Schaefer Avenue Project (NC231), Onyx Paving Company, Inc. as complete and authorize the Director of Public Works to file the Notice of Completion.

14. Approve Contract Change Order - Benson Avenue Permanent Lift Station Project (R2071) .

Appropriate $162,000 from the unapprop riated reserves of the Sewer Fund with a corresponding increase to the Benson Avenue Pe rmanent Lift Station Project (R2071) and approve Change Order No. 7 in the amount of $84,149.

15. Reimbursement Agreement - Traffic Signal (San Antonio & Eucalyptus Avenues) Lennar Homes of California, Inc. Approve a construction credit/reimbursement agr eement with Lennar Homes of California, Inc., a California Corporation for the construction of the traffic signal located at San Antonio and Eucalyptus Avenues.

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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.

16. Community Development Block Grant (CDB G) 2023-2024 One-Year Action Plan . Conduct a Public Hearing and approve the 2023 -2024 One -Year Action Plan for the Community Development Block Grant (CDBG) Program.

Staff Report by: Traci Smith, Senior Management Analyst.

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MAY 2, 2023 4

RECOMMENDATION: 1) Conduct a Public Hearing 2) approve the 2023-2024 One-Year Action Plan for the Community Development Block Grant (CDBG) Program; 3) carryover an estimated amount of $781,447.00 from p rior year funds for the completion of the Public Works Alley Improvements Project, Econ omic Development Facade Improvements Project and Community Services Monte Vista Park Improvements Project; 4) authorize the City Manager to execute all required United States Department of Housing and Urban Development (HUD) documents and submit the 2023-2024 CDBG One-Year Action Plan to HUD; and 5) authorize staff to complete all federal environmental reviews per 24 Code of Federal Regulations (CFR), Part 58.

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NEW BUSINESS

17. Final Acceptance of Public Improvement - Tract Map No. 20008 (Lennar Homes of California, Inc.). Accept the public improvements for Lennar Homes of California, Inc., TM 20008, located north of Bickmore Avenue, east of M eadowhouse Avenue, and west of Rincon Meadows Avenue, as complete and authorize release of the performance bond and initiate the warranty bond.

Staff Report by: Jesus Plasencia, Assistant City Engineer.

RECOMMENDATION: 1) Accept public improvements as comp lete for TM 20008; 2) authorize release of the performance bond and initiate the warran ty bond; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.

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18. Sale of Stored Groundwater Reserve s to The Fontana Water Company, Cucamonga Valley Water District, and Niagara Bottling Company.

Staff Report by: Dave Crosley, Utilities Engineering and Operations Manager.

RECOMMENDATION: 1) Approve a sale of 10,000, 7,500, and 4,000 acre -feet from the City’s Excess Carryover stored groundwater reserves to the Fontana Water Company, Cucamo nga Valley Water District, and Niagara Bottling Company, respectively; 2) appropriate $13,742,800 to the Water Enterprise Fund 520; and 3) authorize the City Manager or their designee to prepare and execute the requisite documentation to complete the transactions.

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19. Approve Construction Contract Increase: Storm Drain Rehab FY21 -22 Mountain Avenue at Chino Avenue (SD223) . Approve a construction contract change order to Bondiman Water, Inc., for $277,160.

Staff Report by: Michele Hindersinn, Principal Engineer.

RECOMMENDATION: Approve a construction contract change order to Bonadiman Water, Inc., in the amount of $277,160 for a revised contract amount of $1,402,850, plus contingency of $119,669 for not -to-exceed contract amount of $1,522,519; and authorize the City Manager to execute all necessary documents on behalf of the City.

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20. Contract Amendment - All American Asphalt for Slurry Seal Maintenance Work . Approve Contract Amendment for All American Asphalt, Corona, CA in the amount of 1,200,000.

Staff Report by: Michele Hindersinn, Principal Engineer.

RECOMMENDATION: 1) Approve the 3rd Amendment to the agreement with All American Asphalt (Contract No. 2021 -005), Corona, CA, in the amount of $1, 200,000.00 for a total contract amount not -to-exceed $5,676,262; and 2) Authorize the City Manager to execute all necessary documents on behalf of the City.

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MAYOR AND COUNCIL REPORTS
This is the time and place for the Mayor a nd 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 Comstock
Council Member Burton
Council Member Flores
Council Member Lucio
City Manager's Report
City Attorney's Report
Police Chief's Report
Fire Chief's Report

ADJOURN
The next Reg ular Meeting of the City Council will be held on Tuesday, May 16, 2023 at 6:00 p.m. (Closed Session no sooner than 4:00 p.m. if necessary) in these Council Chambers.

I, Natalie Gonzaga, City Clerk of the City of Chino, hereby declare that on Wednesday, Ap ril 26, 2023, this agenda was posted on the south window of Chino City Hall and this agenda together with all of the agenda reports and related documents were posted on the City’s website at www.cityofchino.org by myself or under my direction.

_______________________________________
Natalie Gonzaga, City Clerk.

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Assembly
Bill (AB) |
Senate
Bill (SB)
Number
Author Title and Proposed Change to Law Committee Location AB 40 Assembly
Member
Rodriguez
Emergency medical services:

Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, creates the Emergency Medical Services Authority, which is responsible for the coordination of various state activities concerning emergency medical services. Among other duties, existing law requires the a uthority to develop planning and implementation guidelines for EMS systems, provide technical assistance to existing agencies, counties, and cities for the purpose of developing the components of EMS systems, and receive plans for the implementation of EMS and trauma care systems from local EMS agencies. Existing law makes a violation of the act or regulations adopted pursuant to the act punishable as a misdemeanor.

This bill would require the authority to develop an electronic signature for use between the emergency department medical personnel at a receiving facility and the transporting emergency medical personnel that captures the points in time when the hospital receiv es notification of ambulance arrival and when transfer of care is executed for documentation of ambulance patient offload time, as defined. The bill would require the authority to develop a statewide standard of 20 minutes, every local EMS agency to develop a standard not to exceed 30 minutes, 90% of the time, for ambulance patient offload time. The bill would also require the authority to develop an audit tool to improve data accuracy regarding transfer of care, as specified, and to provide technical assistance and funding as needed, subject to an a ppropriation, for small rural h ospitals and volunteer EMS providers to implement these provisions. The bill would require the authority to adopt emergency regulations to implement these provisions on or before March 1, 2024.

The bill would require a general acute care hospital with an emergency department to develop, in consultation with its emergency department staff, an ambulance patient offload time reduction protocol by June 1, 2024, that addresses specified factors, including, amo ng other things, mechanisms to improve hospital operations to reduce ambulance patient offload time. The bill would require the hospital to file its protocol with the authority and to report annually any revisions to its protocol. The bill would require the authority, on or after March 1 , 2024, to monitor monthly ambulance patient offload time data for each facility. The bill would require the authority to, among other things, rep ort ambulance patient offload time exceedance to the relevant local EMS agency and the Commission on Emergency Medical Services if, on or after July 1, 2024, the general acute care hospital with an emergency department has an ambulance patient offload time that exceeds the sta tewide standard of 20 minutes, 90% of the time.

The bill would additionally require local EMS agencies to create, in collaboration with local hospitals, a joint plan to respond to surges in demand for medical services and to submit the joint plans to the authority on or before March 1, 2024.

Because the bill would create new requirements within the act, thereby expanding the scope of an existing crime, the bill would impose a state- mandated local program.

Existing law, the Warren-911-Emergency Assistance Act, requires each local public agency within its respective jurisdiction to establish a basic system that autom atically connects a person dialing 911 to an established public safety answering point through normal telephone service facilities.

Assembly
Appropriations
Committee

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This bill would require the Emergency Services Medical Authority, on or before March 1, 2024, to develop a public education campaign related to the use of the 911 service and other tools for access to care.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

AB 55 Assembly
Member
Rodriguez
Emergency Medical Services Medi-Cal: workforce adjustment for ground ambulance transports:

Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services, including emergency or nonemergency medical transportation services, as specified. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions.

Existing law requires, with exceptions, that Medi-Cal reimbursement to providers of emergency medical transports be increased by application of an add-on to the associated Medi-Cal fee-for-service payment schedule. Under existing law, those increased payments are funded solely from a quality assurance fee (QAF), which emergency medical transport providers are required to pay based on a specified formula, and from federal reimbursement and any other related federal funds. Existing law sets forth separate provisions for increased Medi- Cal reimbursement to providers of ground emergency medical transportation services that are owned or operated by certain types of public entities.

This bill would establish, for dates of service on or after July 1, 2024, a workforce adjustment, serving as an additional payment, for each ground ambulance transport performed by a provider of medical transportation services, excluding the above-described public entity providers. The bill would vary the rate of adjustment depending on federal maximum allowances based on the point of pickup and whether the service was for an emergency or nonemergency.

The bill would require that the workforce adjustment meet a certain workforce standard, as determined by the department, which would apply to specified classes of employees, including emergency medical dispatchers, emergency medical technicians, paramedics, and registered nurses. The bill would set forth criteria for a provider to meet the workforce standard, with formulas taking into account the fiscal year and base hourly wage rates within a class of employees, and whether the provider is a new provider of ground ambulance services.

The bill would require the department to direct each Medi-Cal managed care plan to implement a value-based purchasing model that provides for reimbursement to a network provider that meets the workforce standard requirement and that furnishes ambulance transport services, as specified.

The bill would require the department to establish the manner and format for participating providers to report the required data, as specified.

The bill would require a provider that has received the workforce adjustment to certify under penalty of perjury that it met the workforce standard, as specified. By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program.

The bill would authorize the department to recoup any workforce adjustments paid to a provider that did not meet the workforce standard.

The bill would prohibit implementation of the workforce adjustment from affecting the calculation of the above-described QAF-based add-on, and would prohibit adjustments to the workforce adjustment, except as specified to comply with federal requirements. The bill would condition implementation of the workforce adjustment on receipt of any necessary federal approvals and the availability of federal financial participation. The bill would make conforming changes.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

Assembly Committee
on Health

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This bill would provide that no reimbursement is required by this act for a specified reason. (1)Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services, including emergency medical transportation services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions.

Existing law requires, with exceptions, that the reimbursement to emergency medical transport providers for emergency medical transports, as defined, be increased by application of an add-on to the associated Medi-Cal fee-for-service payment schedule. Existing law requires that the add-on increase be calculated on or before June 15, 2018, and remain the same for later state fiscal years, to the extent the department determines federal financial participation is available and is not otherwise jeopardized. Under existing law, the resulting fee-for-service payment schedule amounts are equal to the sum of the Medi-Cal fee-for-service payment schedule amount for the 2015–16 state fiscal year and the add-on increase.

This bill would set the Medi-Cal fee-for-service reimbursement rate for emergency medical transports at $350 per transport. Under the bill, the resulting fee-for-service payment schedule amounts would instead be equal to the sum of the Medi-Cal fee-for-service payment schedule amount, based on the $350 rate, and the add-on increase.

Under existing law, the increased payments under the add-on provisions are funded solely from a quality assurance fee (QAF), which emergency medical transport providers are required to pay based on a specified formula, and from federal reimbursement and any other related federal funds.

This bill would specify that the $350 reimbursement rate would not affect the calculation of the QAF rate, and that the calculation of the QAF rate would be based on the methodology and reimbursement rate in effect as of January 1, 2023.

Existing law authorizes the Director of Health Care Services to modify or make adjustments to any methodology or fee amount under these provisions to the extent necessary to meet federal requirements or to obtain federal approval.

If a modification or adjustment is needed to meet federal requirements or to obtain federal approval, this bill would require the director to recalculate and reduce the add-on amount as necessary, and would prohibit the director from reducing the $350 reimbursement rate. (2)Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act (act), establishes the Emergency Medical Services Authority, which is responsible for the coordination of various state activities concerning emergency medical services (EMS). The act authorizes a county to develop an EMS program by designating a local EMS agency. The act requires the medical director of a local EMS agency to issue a certificate to, or recertify, an individual as an Emergency Medical Technician-I (EMT-I) or Emergency Medical Technician-II (EMT-II), upon proof that the individual has met specified training and other requirements. The act sets forth various provisions relating to public or private EMS providers that employ an EMT-I, EMT-II, or other EMS personnel. Existing law makes a violation of the act a misdemeanor.

This bill would, for the compensation of an EMT-I or EMT-II employed by an EMS provider, as defined, require the EMS provider to set the compensation in an amount that is no lower than the prevailing wage for an EMT-I or EMT-II, respectively, within the corresponding EMS area, defined as the geographical area within the jurisdiction of the designated local EMS agency. The bill would define “prevailing wage” as the basic hourly rate of wages and benefits paid to a majority of EMT-I, or EMT-II, as applicable, employed within an EMS area of a local EMS agency.

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The bill would require each local EMS agency to determine the prevailing wage of an EMT-I or EMT-II within the agency’s EMS area, and to annually update its calculation, pursuant to guidance on the methodology and formula that the authority would be required to develop for these purposes.

By creating new duties for public EMS providers, and by expanding the scope of a crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

AB 97 Assembly
Member
Rodriguez
Firearms: unserialized firearms:

Existing law requires a person that is manufacturing a firearm or assembling a firearm from unserialized components, to apply to the Department of Justice for a unique mark of identification and to affix that mark to the firearm, as specified. Existing law prohibits a person, corporation, or firm from knowingly manufacturing or assembling, or to knowingly cause, allow, facilitate, aid, or abet the manufacture or assembling of, a firearm that is not imprinted with a valid state or federal serial number or mark of identification. Under existing law, a person who knowingly possesses a firearm that does not have a valid state or federal serial number or mark of identification is guilty of a misdemeanor.

This bill would, until January 1, 2033, require the Department of Justice to collect and report specified information, including, among other things, the number of arrests pursuant to the provisions mentioned above. The bill would require the department to issue a report to the Legislature, as specified, on or before January 1, 2025, and annually thereafter, that includes the data collected.

Existing federal law requires a commercially produced firearm to be etched or otherwise inscribed by the manufacturer with a unique serial number. Existing state law prohibits the alteration, removal, or obliteration of that serial number. A violation of this prohibition is punishable as a felony. Existing law also prohibits the transfer or possession of a firearm with a serial number that has been altered, removed, or obliterated. A violation of this prohibition is punishable as a misdemeanor.

Existing law requires a person, other than a licensed manufacturer, who assembles or manufactures a firearm, or any person who possesses an unserialized firearm, to obtain a unique serial number from the Department of Justice and to inscribe that serial number on the firearm, as specified. A violation of this requirement is punishable as a misdemeanor.

This bill would make the possession of an unserialized firearm or possession of a firearm with an altered, removed, or obliterated serial number punishable as a felony. By increasing the punishment for these crimes, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Assembly
Appropriations
Committee

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AB 250 Assembly
Member
Rodriguez
State Route 83: reduction:

Existing law vests the Department of Transportation with full possession and control of all state highways. Existing law describes the authorized routes in the state highway system and establishes a process for adoption of a highway on an authorized route by the California Transportation Commission. Existing law authorizes the commission to relinquish to local agencies state highway segments that have been deleted from the state highway system by legislative enactment or have been superseded by relocation, and in certain other cases. Existing law designates State Route 83 from Route 71 to Route 10 near the City of Upland. Existing law authorizes the commission to relinquish to the City of Ontario all or a portion of State Route 83 within the city’s jurisdiction and prescribes conditions that apply upon relinquishment.

This bill would authorize the commission to additionally relinquish to the City of Chino all or a portion of State Route 83 within the city’s jurisdiction and prescribe conditions that apply upon relinquishment.

Assembly
Appropriations
Committee
AB 474 Assembly
Member
Rodriguez,
(Coauthor:

Assembly
Member
Waldron)
State Threat Assessment Center: transnational criminal organizations:

Existing law, the California Emergency Services Act, creates, within the office of the Governor, the Office of Emergency Services, which is responsible for addressing natural, technological, or human-caused disasters and emergencies, including responsibility for activities necessary to prevent, respond to, recover from, and mitigate the effects of emergencies and disasters to people and property.

This bill would find and declare that the State Threat Assessment Center (STAC) serves as California’s information-sharing clearinghouse of strategic threat analysis and situational awareness reporting for statewide leadership and the public safety community, as specified, and that the STAC is California’s state primary fusion center, as designated by the Governor, and is operated by the Department of the California Highway Patrol, the Office of Emergency Services, and the Department of Justice. The bill would make other findings and declarations related to drug trafficking and transnational criminal organizations. The bill would require the STAC and the Office of Emergency Services to prioritize, to the greatest extent possible, cooperation with state and local efforts to illuminate, disrupt, degrade, and dismantle criminal networks trafficking opioid drugs that pose a threat to California. The bill would require the STAC to support state and local interagency task forces to combat illegal opioid trafficking in California, as specified, including preparing and disseminating intelligence products for public safety entities.

Assembly Public
Safety Committee
AB 1505 Assembly
Member
Rodriguez,
(Coauthors:

Assembly
Members Juan
Carrillo, Holden,
Schiavo, and
Wood)
Seismic retrofitting: soft story multifamily housing:

Existing law establishes the California Earthquake Authority, administered under the authority of the Insurance Commissioner and governed by a 3-member board, to transact insurance in this state as necessary to sell policies of basic residential earthquake insurance. Under existing law, the California Residential Mitigation Program, also known as the CRMP, is a joint powers authority created in 2012 by agreement between the California Earthquake Authority and the Office of Emergency Services. Existing law establishes the Seismic Retrofitting Program for Soft Story Multifamily Housing for the purposes of providing financial assistance to owners of soft story multifamily housing for seismic retrofitting to protect individuals living in multifamily housing that have been determined to be at risk of collapse in earthquakes, as specified. Existing law also establishes the Seismic Retrofitting Program for Soft Story Multifamily Housing Fund, and its subsidiary account, the Seismic Retrofitting Account, within the State Treasury. Existing law provides that the Legislature will appropriate $250,000,000 from the General Fund in the 2023–24 Budget Act to the Seismic Retrofitting Program for Soft Story Multifamily Housing Fund for the purposes of carrying out the program. Existing law requires the CRMP to develop and administer the program, as specified. Existing law makes these provisions inoperative on July 1, 2042, and repeals them as of January 1, 2043. This bill would, instead, appropriate $250,000,000 from the General Fund to the CRMP for the purpose of implementing the Seismic Retrofitting Program for Soft Story Multifamily Housing. This bill would declare that it is to take effect immediately as an urgency statute.

Assembly
Appropriations
Committee

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AB 1303 Assembly
Member
Rodriguez
California Emergency Services Act: disaster preparedness:

Existing law, the California Emergency Services Act, establishes the Office of Emergency Services, which is responsible for the state’s emergency and disaster response services for natural, technological, or human-induced disasters and emergencies, including responsibility for activities necessary to prevent, respond to, recover from, and mitigate the effects of emergencies and disasters on people and property.

Under existing law, the Office of Emergency Services, in coordination with all interested state agencies with designated response roles in the state emergency plan and interested local emergency management agencies, is required to jointly establish by regulation a standardized emergency management system for use by all emergency response agencies.

This bill would require the California State Warning Center, within the Office of Emergency Services, to develop a process for private-sector fuel transporters to voluntarily share information, as specified, for the purpose of providing fuel to local and state public-safety agencies actively involved in responding to or recovering from a disaster.

Assembly
Appropriations
Committee
SB 316 State Senators
Niello and
Ochoa Bogh,
(Coauthors:

Senators Jones,
Nguyen,
Seyarto, and
Wilk)
Shoplifting: increased penalties for prior crimes:

Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors in the November 4, 2014, statewide general election, makes the theft of property that does not exceed $950 in value petty theft and makes that crime punishable as a misdemeanor, with certain exceptions. The initiative statute defines shoplifting as entering a commercial establishment with the intent to commit larceny while that establishment is open during regular hours, where the value of the property that is taken or intended to be taken does not exceed $950. The initiative statute requires that shoplifting be punished as a misdemeanor. Existing law, as amended by Proposition 47, provides that a registered sex offender or a person with a prior conviction for certain serious or violent felonies, such as a sexually violent offense, who commits petty theft is subject to imprisonment in the county jail for up to one year or in the state prison for 16 months or 2 or 3 years. This bill would reinstate a provision of law that was repealed by Proposition 47 that provides that a person who has been convicted 3 or more times of petty theft, grand theft, or other specified crimes and who is subsequently convicted of petty theft is subject to imprisonment in a county jail not exceeding one year or in a county jail for 18 months or 2 or 3 years. The bill would also make this provision and the provision relating to a person with serious, violent, or sexual prior offenses applicable to a person whose prior or current conviction is for shoplifting. This bill would require the Secretary of State to place the provisions of the bill that amend the initiative statute on the ballot for the November 5, 2024, statewide general election.

Failed Passage in the
Senate Public Safety
Committee

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SB 4 State Senator
Wiener,
(Principal
coauthors:

Assembly
Members
McKinnor and
Wicks),
(Coauthors:

Senators
Becker, Cortese,
Eggman,
Gonzalez,
Menjivar, and
Skinner),
(Coauthors:

Assembly
Members
Alvarez,
Friedman,
Gabriel, Quirk-
Silva, and Ward)
Planning and zoning: housing development: higher education institutions and religious institutions:

The Planning and Zoning Law requires each county and city to adopt a comprehensive, long -term general plan for its physical development, and the development of certain lands outside its boundaries, that includes, among other mandatory elements, a housing element. That law allows a development proponent to submit an application for a development that is subject to a specified streamlined, ministe rial approval process not subject to a conditional use permit, if the development satisfies certain objective planning standards.

Existing law, the Zenovich-Moscone-Chacon Housing and Home Finance Act, establishes the California Tax Credit Allocation Committee within the Department of Housing and Community Development. Existing law requires the committee to allocate state low-income housing tax credits in conformity with state and federal law that establishes a maximum rent that may be charged to a tenant for a project unit constructed using low-income housing tax credits.

This bill would require that a housing development project be a use by right upon the request of an applicant who submits an application for streamlined approval, on any land owned by an independent institution of higher education or religious institution on or before January 1, 2024, if the development satisfies specified criteria, including that the development is not adjoined to any site where more than one-third of the square footage on the site is dedic ated to industrial use. The bill would define various terms for these purposes. Among other things, the bill would require that 100% of the units, exclusive of manager units, in a housing development project eligible for approval as a use by right under these provisions be affordable to lower income households, except that 20% of the units may be for moderate -income households, and 5% of the units may be for staff of the independent institution of higher education or the religions religious institution that owns the land, provided that the units affordable to lower income households are offered at affordable rent, as set in an amount consistent with the rent limi ts established by the California Tax Credit Allocation Committee, or affordable h ousing cost, as specified. The bill would authorize the development to include ancillary uses on the ground floor of the development, as specified.

This bill would specify that a housing development project that is eligible for approval as a use by right u nder the bill is also eligible for a density bonus or other incentives or concessions, bonus, incentives, or concessions, or waivers or reductions of development and parking standards, except as specified. The bill would require a development subject to these provisions to provide off-street parking of up to one space per unit, unless a state law or local ordinance provides for a lower standard of parking, in which case the law or ordinance applies. The bill would prohibit a local government from imposing any parking requirement on a development subject to these provisions if the development is located within one-half mile walking distance of public transit, either a high -quality transit corridor or a major transit stop, as those terms are defined, or it is within one block of a car share vehicle.

This bill would require a local government that determines a proposed development is in conflict with any objective planning standards, as specified, to provide the developer with written documentation explaining th ose conflicts under a specified timeframe. The bill would provide that the development shall be deemed to satisfy the required objective planning standards if the local government fails to provide the requisite documentation explaining any conflicts. The bill would authorize a local government to conduct a design review, as described, only if the design review focuses on compliance with the requisite criteria of a streamlined, ministerial review process. The bill would prohibit a local government from using a design review, as specified, from inhibiting, chilling, or precluding a streamlined, ministerial approval. The bill would require a local government to issue a subsequent permit for developments approved under the provisions of this act.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

Senate Governance
and Finance
Committee

5.a
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The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significa nt effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA does not apply to the ministerial approval of projects.

This bill, by requiring approval of certain development projects as a use by right, would expand the exemption for ministerial approval of projects under CEQA.

By adding to the duties of local planning officials with respect to approving certain development projects, this bill would impose a state-mandated local program.

This bill would provide that no reimbursement is required by this act for a specified reason.

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SB 423 State Senator
Wiener,
(Principal
coauthor:

Assembly
Member Wicks),
(Coauthor:

Assembly
Member
Grayson)
Land use: streamlined housing approvals: multifamily housing developments:

Existing law, the Planning and Zoning Law, authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit, if the development satisfies specified objective planning standards, including, among others, that the development proponent has committed to record, prior to the issuance of the first building permit, a land use restriction or covenant providing that any lower or moderate-income housing units required, as specified, remain available at affordable housing costs, as defined, or rent to persons and families of lower or moderate -income for no less than specified periods of time. Existing law repeals these provisions on January 1, 2026.

This bill would authorize the Department of General Services to act in the place of a locality or local government, at the di scretion of that department, for purposes of the ministerial, streamlined review for development on property owned by or leased to the state. The bill would delete the January 1, 2026, repeal date, thereby making these provisions operative indefinitely.

This bill would modify the above-described objective planning standards, including by deleting the standard that prohibits a multifamily housing development from being subject to the streamlined, ministerial approval process if the development is located in a coastal zo ne, and by providing an alternative definition for “affordable housing costs” for a development that dedicates 100% of units, exclusive of a manager’s unit or units, to lower income households. The bill would, among other modifications, delete the objective planning standards requiring development proponents to pay at least the general prevailing rate of per diem wages and utilize a skilled and trained workforce and would instead require a development proponent to certify to the local government that certain wage and labor standards will be met, including a requirement that all construction workers be paid at least the g eneral prevailing rate of wages, as specified. The bill would require the Labor Commissioner to enforce the obligation to pay prevailing wages. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would specify that the requirements to pay prevailing wages, use a workforce participating in an apprenticeship, or provide health care expenditures do not apply to a project that consists of 10 or fewer units and is not otherwise a public work.

This bill would define “objective planning standards” to exclude specified standards, including local building codes, fire codes, other codes requiring detailed technical specifications, and standards that are not reasonably ascertainable by the local government within specified time limits, as described.

Existing law requires a local government to approve a development if the local government determines the development is consistent with the objective planning standards. Existing law requires, if the local government determines a submitted development is in conflict with any of the objective planning standards, the local government to provide the development proponent written documentation of the standard s the development conflicts with and an explanation for the conflict within certain timelines depending on the size of the development. Existing law, the Housing Accountability Act, prohibits a local agency from disapproving a housing development project, as described, unles s it makes specified written findings.

This bill would instead require approval if a local government’s planning director or any equivalent local government staff, including all relevant planning and permitting departments, equivalent position determines the development is consistent with the objective planning standards. The bill would make conforming changes. The bill would require all departments of the local government that are required to issue an approval of the development prior to the granting of an entitlement to also comply with the above-described streamlined approval requirements within specified time periods. The bill would prohibit a local government from requiring a development proponent to provide consultant studies, as described, or other studies requiring, prior to approving a development that meets the requirements of the above-described streamlining provisions, compliance with any standards necessary to receive a postentitlement permit or studies, information, or other materials that are Senate Governance
and Finance
Committee

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unnecessary to ascertain consistency do not pertain directly to determining whether the development is consistent with the objective planning standards. standards applicable to the development.

The bill would, for purposes of these provisions, establish that the total number of units in a development includes (1) all projects developed on a site, regardless of when those developments occur, and (2) all projects developed on sites adjacent to a site developed pursuant to these provisions if, after January 1, 2023, the adjacent site had been subdivided from the site developed pursuant to these provisions.

Existing law authorizes the local government’s planning commission or any equivalent board or commission responsible for review and approval of development projects, or as otherwise specified, to conduct any design review or public oversight of the development.

This bill would remove the above -described authorization to conduct public oversight of the development and would only authorize design review to be conducted by the local government’s planning commission or any equivalent board or commission responsible for design review.

By imposing additional duties on local officials, the bill would impose a state-mandated local program.

The bill would include findings that changes proposed by this b ill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

This bill would provide that no reimbursement is required by this act for specified reasons.

AB 257 Assembly
Member Hoover,
(Coauthors:

Assembly
Members Flora,
Gallagher, and
Sanchez)
Encampments: penalties:

Under existing law, a person who lodges in a public or private place without permission is guilty of disorderly conduct, a misdemeanor. Existing law also provides that a person who willfully and maliciously obstructs the free movement of any person on any street, sidewalk, or other public place is guilty of a misdemeanor.

This bill would prohibit a person from sitting, lying, sleeping, or storing, using, maintaining, or placing personal property in any camping, as defined, in a street, sidewalk, or other public property within 500 feet of a school, daycare center , park, or library. playground, or youth center. The bill would make a violation of the prohibition an infraction or a misdemeanor. The bill would also make willfully resisting, delaying, or obstructing a peace officer, public officer, or public employee in the discharge or attempt to discharge any duty to enforce the prohibition a misdemeanor. By imposing criminal penalties for a violation of these provisions, this bill would impose a state-mandated local program.

Existing law establishes procedures of diversion for specified defendants through which the court is authorized to grant pretrial diversion which, contingent on successful completion of specified terms and conditions imposed by the court, results in the dismissal of charges prior to adjudication. This bill would authorize a defendant who is being prosecuted for a misdemeanor for camping in a street, sidewalk, or other public property within 500 feet of a school, daycare center, playground, or youth center to be eligible for a diversion program, including, but not limited to, the Diversion of Individuals with Mental Disorders and the Court Initiated Misdemeanor Diversion, as specified.

This bill would provide that no reimbursement is required by this act for a specified reason.

Failed in the Senate
Public Safety
Committee.

Reconsideration
Granted (May be
heard in Committee
again or at a Floor
Vote)

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AB 367 Assembly
Member
Maienschein
Controlled substances: enhancements:

Existing law imposes an additional and consecutive 3- or 5-year term in the state prison on a person who personally inflicts great bodily injury on a person in the commission of a felony, as specified.

This bill bill, until January 1, 2029, would state that, for purposes of the this enhancement, a person inflicts great bodily injury when they sell, furnish, administer, or give away a controlled substance fentanyl or an analog of fentanyl and the person to whom the substance was sold, furnished, administered, or given suffers a significant or substantial physical injury from using the substance. The bill would specify that this provision does not apply to juvenile offenders. By expanding the scope of an existing crime, this bill would impose a state -mandated local program.

This bill would provide that no reimbursement is required by this act for a specified reason.

Assembly Public
Safety Committee
AB 797 Assembly
Member Weber
Local government: police review boards:

Existing law requires each department or agency in this state that employs peace officers to establish a procedure to investi gate complaints by members of the public against the personnel of these departments or agencies, and to make a written description of this procedure available to the public. Existing law also requires each department or agency to keep and maintain records of complaints and investigations, as specified.

This bill would express the intent of the Legislature to enact legislation requiring the governing body of each city and county to create and maintain independent, community-based boards to conduct independent investigations of citizen complaints against peace officers.

This bill would require the governing body of each city and county to, by January 15, 2025, create an independent community-based commission on law enforcement officer practices. The bill would authorize each commission to, among other things, conduct independent investigations of complaints against a police officer or sheriff alleging physical injury to a person, including injuries resulting in a person’s death. The bill would require the commission to prepare a report after an investigation and include the results of the investigation and a recommended course of action, if any, to be taken by the governing body regarding the law enforcement officer investigated by the commission. By increasing the duties of local officials, this would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Assembly Public
Safety Committee

5.a
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SB 31 State Senator
Jones, (Principal
coauthor:

Senator Grove),
(Coauthors:

Senators Dahle,
Nguyen, Niello,
Ochoa Bogh,
Seyarto, and
Wilk)
Encampments: sensitive areas: penalties:

Under existing law, a person who lodges in a public or private place without permission is guilty of disorderly conduct, a misdemeanor.

Existing law also provides that a person who willfully and maliciously obstructs the free movement of any person on any street, sidewalk, or other public place is guilty of a misdemeanor.

Under existing law, a public nuisance is anything that is injurious to health, or is indecent or offensive to the senses, so as to interfere with the comfortable enjoyment of life or property by an entire community, neighborhood, or considerable number of persons. Existing law provides various remedies against a public nuisance, including abatement by any public body or officer authorized by law.

This bill would prohibit a person from sitting, lying, sleeping, or storing, using, maintaining, or placing personal property upon any street, sidewalk, or other public right-of-way within 1000 feet of a sensitive area, as defined. The bill would specify that a violation of this prohibition is a public nuisance that can be abated and prevented, as provided. The bill would also provide that a violation of the prohibition may be charged as a misdemeanor or an infraction, at the discretion of the prosecutor. The bill would prohibit a person from being found in violation of the bill’s provisions unless provided notice, at least 72 hours before commencement of any enforcement action, as provided. By imposing criminal penalties for a violation of these provisions, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Failed in the Senate
Public Safety
Committee

Reconsideration
Granted (May be
heard in Committee
again or at a Floor
Vote)
SB 55 State Senator
Umberg
Vehicles: catalytic converters:

Existing law requires a core recycler that accepts, ships, or sells used catalytic converters to maintain specified information regarding the purchase and sale of the catalytic converters. Existing law prohibits a core recycler from providing payment for a catalytic converter unless, among other requirements, the payment is made by check, as specified.

This bill, in addition to payment by check, would allow for payment by credit card or any other form of traceable payment other than cash.

Existing law licenses and regulates motor vehicle dealers and retailers. Existing law prohibits a motor vehicle dealer or retailer from selling any motor vehicle that is not in compliance with the requirements enumerated in the Vehicle Code.

This bill would prohibit a dealer or retailer from selling a new or used motor vehicle equipped with a catalytic converter un less the catalytic converter has been permanently marked, as defined, with the vehicle identification number of the vehicle to which it is attached. The bill would, until January 1, 2025, exempt from this prohibition a vehicle purchased from a dealer licensed in this state who is also licensed in another state and does not have a warranty service facility in this state. A violation of this provision would be punishable as an infraction.

By creating a new infraction, this bill would impose a state-mandated local program.

This bill would provide that no reimbursement is required by this act for a specified reason.

Senate Public Safety
Committee

5.a
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SB 536 State Senator
Rubio
Surplus state real property: Heman G. Stark Youth Correctional Facility:

Existing law requires a state agency to review all proprietary state lands under its jurisdiction, as specified, to determine what land is in excess of its needs, and to report on these lands to the Department of General Services . Existing law prescribes a process for the disposition of surplus state property.

This bill would authorize the Director of General Services to sell or lease property, of an unspecified acreage, known as the California Department of Corrections and Rehabilitation Heman G. Stark Youth Correctional Facility, located in the City of Chino, in the County of San Bernardino, to the City of Chino at fair market value upon terms and conditions the director determines are in the best interests of the state.

This bill would require that the proceeds of the sale or lease be expended on bond payments, as specified, and other costs, including costs for the review of the sale of the property and bond counsel. The bill would authorize the director, notwithstanding those provisions, to sell the property below fair market value for purposes of providing housing to persons and families of low or moderate income, subject to reporting specified information 30 days before the sale to the chairpersons of the fiscal committees of the Legislature. This bill would exempt the sale of the property from the California Environmental Quality Act. The bill would require the net proceeds of the sale to be deposited into the Special Fund for Economic Uncertainties, a continuously appropriated fund. By authorizing the deposit of proceeds into a continuously appropriated fund, the bill would make an appropriation.

Senate Governmental
Organization
Committee
SB 20 State Senator
Rubio
Joint Power Agreements: Regional Housing Trusts:

The Joint Exercise of Powers Act authorizes 2 or more public agencies, by agreement, to form a joint powers authority to exercise any power common to the contracting parties, as specified. Existing law authorizes the agreement to set forth the manner by which the j oint powers authority will be governed. That act specifically authorizes the creation of the Orange County Housing Finance Trust and the San Gabriel Valley Regional Housing Trust, both joint powers authorities, for the purposes purpose of funding housing to assist the homeless population and persons and families of extremely low, very low, and low income within their respective regions, as specified.

This bill would authorize 2 or more cities, by entering into a joint powers agreement pursuant to the Joint Exercise of Powers Act, local agencies, as defined, to create a regional housing trust for the purposes purpose of funding housing to assist the homeless population and persons and families of extremely low, very low, and low income within their jurisdictions. jurisdictions by entering into a joint powers agreement pursuant to the Joint Exercise of Powers Act. The bill would require a regional housing trust created pursuant to these provisions to be governed by a board of directors consisting of a minimum of 9 5 directors, as specified. The bill would authorize a regional housing trust to fund the planning and construction of housing, receive public and private financing and funds, and authorize and issue bonds, as specified. The bill would require the joint powers agreement establishing the regional housing trust to incorporate specified annual financial reporting and auditing requirements.

Senate Housing
Committee

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SB 459 State Senator
Rubio
Domestic Violence: Restraining Orders:

Existing law allows a criminal court to issue a protective order restraining a defendant from any contact with the victim if the defendant has been convicted of a crime of domestic violence, human trafficking, a crime in furtherance of a criminal street gang, or a registerable sex offense. Under existing law, the protective order may be valid for up to 10 years, as determined by the court.

Existing law allows a civil court, after notice and a hearing, to issue an order to enjoin a person from, among other things, attacking, stalking, or threatening another person. Under existing law, the protective order may be valid for up to 5 years, as determined by the court, and may be renewed for 5 or more years, or permanently, at the discretion of the court.

This bill would clarify that a protective order may be modified by the court throughout the duration of the order if the court is convinced that the modification is in the best interest of the victim. require the Judicial Council, on or before January 1, 2025, to create a specified form for the purpose of modification of an existing restraining order.

Senate Judiciary
Committee
SB 690 State Senator
Rubio
Domestic Violence:

Existing law makes the infliction of corporal injury resulting in a traumatic condition upon specified victims, including the offender’s spouse or former spouse, punishable by imprisonment in the state prison for 2, 3, or 4 years, or in a county jail for not more than one year, or a fine of up to $6,000, or by both that fine and imprisonment. Existing law authorizes prosecution for that criminal act to be commenced within 5 years, and applies this provision to criminal acts that are committed on or after January 1, 2020, and to criminal acts for which the statute of limitations that was in effect prior to January 1, 2020, has not run as of January 1, 2020.

This bill would authorize prosecution for that crime to be commenced within 15 years. The bill would apply to crimes that are committed on or after January 1, 2024, and to crimes for which the statute of limitations that was in effect prior to January 1, 2024, has not run as of January 1, 2024. By extending the statute of limitations for a crime, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

Senate Public Safety
Committee

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AB 1708 Assembly
Member
Muratsuchi
Corrections: rehabilitative programing. Theft.
(1) Existing law, the Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, defines and prohibits an act of shoplifting and prohibits prosecution for an act of shoplifting under any other law.

This bill would refine the definition of shoplifting and would specifically exclude certain offenses from prosecution as shoplifting, including, among others, the theft of a firearm or vehicle, identity theft, and credit card fraud. (2) Existing law requires, except as excluded, the theft of any property valued below $950 to be charged as petty theft, a misdemeanor.

This bill would similarly exclude certain offenses from this provision, including, among others, the theft of a vehicle, identity theft, and credit card fraud.
(3) Existing law provides that a person with a prior conviction for specified sex offenses may be charged with a felony for shoplifting or for theft of property not exceeding $950 in value.

This bill would require a person convicted of petty theft or shoplifting, if the person has 2 or more prior convictions for specified theft-related offenses, to be punished by imprisonment in the county jail for up to one year, or for 16 months, or 2 or 3 years. (4) Existing law, until January 1, 2026, authorizes a city or county prosecuting authority or county probation department to create a diversion or deferred entry of judgment program pursuant to this section for persons who commit a theft offense or repeat theft offenses, as specified.

This bill would authorize a city or county prosecuting authority or county probation department to create a diversion program for persons who commit theft or repeat theft offenses, as specified.
(5) This bill would provide that the provisions of the bill that amend Proposition 47 would become effective only upon approval of the voters, and would provide for the submission of those provisions to the voters for approval at the next statewide general election.

Existing law requires the Department of Corrections and Rehabilitation to conduct rehabilitative programming in a manner that meets specified requirements, including minimizing program wait times and offering a variety of program opportunities to inmates regardless of security level or sentence length.

This bill would express the intent of the Legislature to enact legislation that would increase accountability for repeat offenders through participation in rehabilitative services.

Failed in the Assembly
Public Safety
Committee

Reconsideration
Granted (May be
heard in Committee
again or at a Floor
Vote)

5.a
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Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

FINANCE DEPARTMENT

COUNCIL MEETING DATE: MAY 2, 2023

TO: LINDA REICH, CITY MANAGER

FROM: ROB BURNS, DIRECTOR OF FINANCE

SUBJECT: WARRANTS.

RECOMMENDATION
Approve expenses as audited and within budget for warrants 764948 to 765249, and Electronic Fund Transfers 517112E to 517237E, totaling $6,238,477.76.

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 further s 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. 22
COUNCIL MEETING DATE: MAY 2, 2023
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. 764948 – 765030 3/30/23 22-23 $1,159,848.81

2. 765032 – 765032 4/3/23 22-23 $5,405.00

3. 765033 – 765137 4/6/23 22-23 $1,132,174.72

4. 765138 – 765249 4/13/23 22-23 $2,311,072.78

5. 517112E – 517151E 3/31/23 22-23 $353,258.75

6. 517152E – 517201E 4/7/23 22-23 $694,575.65

7. 517202E – 517237E 4/14/23 22-23 $582,142.05

E: Electronic Fund Transfers

TOTAL $6,238,477.76

ISSUES/ANALYSIS

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

RB:hm

Attachment: Exhibit 1

8.1 CONSENT CALENDAR
Packet Pg. 23
Council Meeting 5/2/23

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

Check
Number
Check Date Vendor Name Description Amount
764951 03/30/2023 ALL AMERICAN ASPHALT CITYWIDE SLURRY SERVICES $585,427.83 764968 CHINO VALLEY UNIFIED SCHOOL DISTRICT CROSSING GUARDS $100,874.57 764991 INTERIOR DEMOLITION FORMER FIRE STATION $145,591.77 765007 ONYX PAVING COMPANY, INC. LOCALIZED ASPHALT PATCHING $168,144.30 517118 03/31/2023 BONADIMAN WATER, INC. STORM DRAIN REHAB. PROJECT $102,448.00 517135 INLAND EMPIRE UTILITIES AGENCY WATER PURCHASE $62,014.10 765055 04/06/2023 CHINO VALLEY UNIFIED SCHOOL DISTRICT CHINO H.S. RECONSTRUCTION $166,549.74 765057 COLANTUONO, HIGHSMITH & WHATLEY, PC OUTSIDE ATTORNEY FEES $50,065.00 765090 LANDSCAPE WEST MANAGEMENT SERVICES,
INC.

LANDSCAPE MAINTENANCE $62,950.00
765095 MCC EQUIPMENT RENTALS, INC. WELL 11 RAW WATER TRANSFER $137,436.50 765119 SANCON TECHNOLOGIES INC SEWER RELINE CONSTRUCTION SERVICES $268,071.95 517178 04/07/2023 INLAND EMPIRE UTILITIES AGENCY RECYCLED WATER $435,742.38 765173 04/13/2023 DYETT & BHATIA, URBAN & REGIONAL

PLANNERS
GENERAL PLAN UPDATE $61,715.61
765174 E-PLAN, INC. EPR SOFTWARE SUBSCRIPTION FEES $66,811.50 765179 EXP US SERVICES, INC. PHILADELPHIA ST & MONTE VISTA STORM DRAIN
$65,348.31
765188 GRUEN ASSOCIATES CIVIC CENTER MASTER PLAN $60,001.50 765230 S/B COUNTY ASSOC GOVERNMENTS SR60/CENTRAL INTERCHANGE PROJECT $1,255,721.04 765232 SEQUEL CONTRACTORS, INC. CONSTRUCTION SERVICES $284,477.63 765237 SO CAL EDISON CO SERVICE PERIOD: 02/01-03/31 $87,390.88 765240 TRANSTECH ENGINEERS, INC. ON CALL CIP SERVICES $71,921.50 517210 04/14/2023 BUREAU VERITAS TECHNICAL ASSESMENTS
LLC
ADA TRANSITION PLAN $80,478.26
517216 ENGINEERING RESOURCES OF SOUTHERN
CA, INC.

ENGINEERING PLAN $117,803.78
517231 SIDEPATH, INC. REPLACE VDI SERVERS (3) $141,647.44 517237 YUNEX LLC CITYWIDE TRAFFIC SIGNAL MAINTENANCE $115,934.19

24 TOTAL $4,694,567.78

8.1.a
Warrants
Packet Pg. 24

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: MAY 2, 2023

TO: LINDA REICH, CITY MANAGER

FROM: NATALIE GONZAGA, 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

8.2 CONSENT CALENDAR
Packet Pg. 25
COUNCIL MEETING DATE: MAY 2, 2023
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 Agend a 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 a n event forecast, Exhibit A also includes a list of future events/trainings that Members of the Council may attend.

Attachment: Exhibit A

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APRIL 18, 2023 EXHIBIT A

Event Date Meeting Purpose and
Subject Matter
Location

City Official Attendees

April 28, 2023 Southern California
Water Coalition April
Quarterly Meeting
Temecula,
CA
Mayor Ulloa
Council Member Burton
April 20, 2023 League of California
Cities' IE Division
Lunch Meeting
Highland, CA Mayor Ulloa
Council Member Burton
April 12-14, 2023 City Leaders Summit Sacramento,
CA
Mayor Pro Tem Comstock
Council Member Flores

Future Conference, Meeting, and Training events Council Member(s) may attend Event Date Meeting Purpose and
Subject Matter
Location

City Officials that may
attend

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Revenue: Expenditure: 3408300-48004-PK234 and Various Projects

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

COMMUNITY SERVICES DEPARTMENT

COUNCIL MEETING DATE: MAY 2, 2023

TO: LINDA REICH, CITY MANAGER

FROM: SILVIA AVALOS, DIRECTOR OF COMMUNITY SERVICES

SUBJECT: AWARD OF CONTRACT AND VENDOR CAP INCREASE - COMMUNITY WORKS DESIGN GROUP.

RECOMMENDATION
1) Award a contract in the amount of $54,967 to Community Works Design Group, Riverside, CA for the Carolyn Owens Community Center Demonstration Garden project (PK234); 2) authorize expenditures of up to $10,000 for de sign contingencies for a total contract amount not-to-exceed $64,967; 3) approve a vendor cap increase with Community Works Design Group in the amount of $20,000 for a total not-to-exceed amount of $144,942; and 4) authorize the City Manager to execute all necessary documents on behalf of the City.

FISCAL IMPACT
Sufficient funds are available in the Fiscal Year 2022-23 Capital Improvement Program 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
• Responsible Long-Range Planning
• Positive City Image

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COUNCIL MEETING DATE: MAY 2, 2023
SUBJECT: AWARD OF CONTRACT AND VENDOR CAP INCREASE - COMMUNITY WORKS

DESIGN GROUP
PAGE 2

BACKGROUND
The Fiscal Year 2022-23 Park Fund budget provides funding for the Carolyn Owens Community Center Demonstration Garden project (PK234). The scope of work for the Carolyn Owens Community Center Demonstrat ion Garden project will consist of designing and constructing a drought tolerant garden on the west side of the Carolyn Owens Community Center. The demonstration garden will feature climate appropriate, drought -tolerant plantings and irrigation systems, along with identification signage, decomposed granite walkways, a drinking fountain, walkway lighting, and park benches.

Included in the current fiscal year’s budget are projects relating to landscape construction projects, which require Landscape Architectural Design services. Community Works Design Group is an approved consultant that possesses the knowledge, certifications, and expertise to complete Landscape Architectural Design services.

ISSUES/ANALYSIS
Staff prepared specifications for the Carolyn Owens Community Center Demonstration Garden project requesting proposals from qualified consultants. Three proposals were accepted with the following results:

Company Name Total Proposal Amount
1 Community Works Design Group $54,967.00
2 Architerra Design Group $69,092.00
3 RHA Landscape Planning and Design $99,975.00

The lowest proposal was submitted by Community Works Design Group, Riverside, CA in the amount of $54,967. Staff subsequently reviewed Community Works Design Group ’s proposal submitted for the project and determined them to be a responsive and responsible proposer. In addition to the contract amount, staff is requesting authorization to spend up to $10,000 for project contingencies for unanticipated work bringing t he potential total design services cost to $64,967.

The requested $64,967 for the Carolyn Owens Community Center Demonstration Garden project will bring the total vendor cap amount for Community Works Design Group to a not -to- exceed amount of $144,942. City Council authorization is required as the combined total of purchase orders and contract amount exceed $50,000 authorized to one vendor.

Attachment: Community Works Design Group - Professional Services Agreement

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Project Name/No.: ________________ Contract No.: ______________ Project Manager: ________________ Approved: ______________

01225.0001/458762.1 1 (Short Form)

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF CHINO AND

COMMUNITY WORKS DESIGN GROUP
THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 2nd day of May 2023 (“Effective Date”) by and between the CITY OF CHINO, a California municipal corpor ation (“City”) and COMMUNITY WORKS DESIGN GROUP herein “Consultant”).

NOW, THEREFORE, the parties hereto agree as follows:

1. SERVICES OF CONSULTANT

1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Consultant shall perfo rm the work or services set forth in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by reference. The Scope of Services shall include the scope of work included in Consultant’s proposal, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. Consultant warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.

1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction.

1.3 California Labor Law. If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq. , and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regula tions established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any

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interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, an d Contractor shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages . Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concern ing the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (d) Payroll Records . Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 , and 1777.7 and California Code of Regulations T itle 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreeme nt, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day . Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bou nd by Labor Code Section 1810.
(g) Penalties for Excess Hours . Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forf eit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Section s 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its

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employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware o f the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Contractor’s Authorized Initials ________
(i) Contractor’s Responsibility for Subcontractors . For every subcontractor who will perform work under this Agreement , Contrac tor shall be respon sible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code , and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including w ithout limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basi s or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.4 Licenses, Permits, F ees and Assessments . Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by the Agreement.

1.5 Software and Computer Services . If the Scope of Ser vices includes the provision and/or installation of any software, computer system, or other computer technology, Consultant represents and warrants that it has inspected the City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Consultant under this Agreement is compatible, and shall be fully functional, with such infrastructure, equipment, computer system and software of the City. Consultant acknowledges that the City is relying on the representation by Consultant as a material consideration in entering into this Agreement.

1.6 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this referenc e. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

2. COMPENSATION

2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this r eference, but not exceeding the maximum contract amount of Fifty-Four Thousand Nine Hundred Sixty -Seven Dollars and No Cents ($54,967.00) (“Contract Sum”).

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2.2 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed an d expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. Consultant shall not invoice City for any duplicate services performed by more than one person.

All invoices shall be submitted by email to [email protected]. Each invoice is to include:
(a) Line items for all personnel describing the wo rk performed, the number of hours worked, and the hourly rate.
(b) Line items for all materials and equipment properly charged to the Services.
(c) Line items for all other approved reimbursable expenses claimed, with supporting documentation.
(d) Line ite ms for all approved subcontractor labor, suppli es, equipment, materials, and travel properly charged to the Services. (e) If this Agreement requires prevailing wages, per Section 1.4 of the Agreement, all invoices shall include a copy of Consultant’s Certi fied Payroll and proof that Certified Payroll h as been submitted to the DIR.

Consultant shall also submit a list of the prevailing wage rates for all employees and subcontractors providing services under this Agreement, as applicable, with Consultant’s fi rst invoice. If these rates change at any time during the term of the Agreement, Consultant shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.

City shall independently review each invoice su bmitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or a s provided in Section 7.3, City will use its be st efforts to cause Consultant to be paid within forty -five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment wil l occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by C ity for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.3 Additional Services. City shall have the right, subject to state law and the City’s Municipal Code, at any time d uring the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Project Ma nager to the Consultant,

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incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation for extra work shall require the approval of City Council unless the City Council has previously authorized the City Manager to approve an increase in compensation and the amount of th e increase does not exceed such authorization. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to t he Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

2.4 Contingency of Funds.

Consultant acknowledges that funding o r portions of funding for this Agreement may be contingent upon State budget approval; receipt of funds from, and/or obligation of funds by the State of California to City; or inclusion of sufficient funding for the services hereunder in the budget approved by Chino City Council for each fiscal year co vered by this Agreement. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate or modify this Agreement without penalty.

3. PERFORMANCE SCHEDULE

3.1 Time of Essence . Time is of the essence in t he performance of this Agreement.

3.2 Schedule of Performance . Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be ap proved in writing by the Project Manager but not exceeding thirty (30) days cumulatively.

3.3 Force Majeure . The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes b eyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, q uarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Manager such delay is justifie d. The Project Manager’s determination shall b e final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against

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the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, which shall be no later than December 30, 2023, except a s otherwise provided in the Schedule of Performance ( Exhibit “D” ). This Agreement may be renewed by a written amendment for up to an additional zero (0) year(s) at the option of the City if the City is sati sfied with the quality of services performed by Consultant under this Agreement.

4. COORDINATION OF WORK

4.1 Representative of Consultant. Jessee Maloney, Assistant Project Coordinator, is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specifie d herein and make all decisions in connection therewith. All personnel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant. Consultant shall utilize only competent personnel to perform servic es pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, and shall keep City informed of any changes.

4.2 Project Manager. Dennis Ellis, Building Maintena nce Supervisor, or any other person as may be designated by the City Manager, is hereby designated as being the representative the City authorized to act in its behalf with respect to the wor k and services specified herein and to make all decisions in connection therewith (“Project Manager”).

4.3 Prohibition Against Subcontracting or Assignment . Consultant shall not contract with any entity to perform in whole or in part the work or services re quired hereunder without the express written approval of the City . Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void.

4.4 Independent Consultant. Neither th e City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise s et forth. Consultant shall perform all services required herein as an independent contractor of City with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City, or that it is a member of a joint enterprise with City.

5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages . Without limiting Consultant’s indemnification of City, and prior to commencement of any services under th is Agreement , Consultant shall obtain, provide and maintain at it s own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.

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(a) General liability insurance . Consultant shall maintain commercial general liability insurance with cover age at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and p roperty damage. The policy must include contractual liability tha t has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance . Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for a ny owned, hired, non - owned or rented vehicles, in an amount not l ess than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance . Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period n o less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance . Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of a t least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include al l of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance . Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements mus t be approved by City’s Risk Manager prior to commencement of per formance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of a ll required insurance policies, at any time.
(b) Duration of cov erage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants.

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(c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provisi on that such coverage shall also apply on a primary and non - contributory basis for the benefit of City before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not com ply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently au thorized by the Insurance Commissioner to transact business of in surance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Ratin g Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation . All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive s ubrogation against City, its elected or appointed officers, agent s, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery p rior to a loss. Consultant hereby waives its own right of recover y against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract p rovisions (non -estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the par t of the City to inform Consultant of non -compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting . Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation . Consultant agrees to oblige it s insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for

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nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured statu s. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such poli cies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations . None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except w ith respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause . Consultant agrees to ensure that its subconsultant s, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions . Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self -insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notic e of claims . Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance . Consultant shall also procur e and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification. To the full extent permitted by law, Consultant agrees to in demnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from,

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any and all actions , either judicial, administrative, arbitration or regulatory clai ms, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in con nection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, invitees, or any individual or ent ity for which Consultant is legally liable (“indemnitors”), or ar ising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions . Notwithstanding the above, a design professional’s indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records. Consultant shall keep, and require subcon tractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performe d hereunder (the “books and records”), as shall be necessary to p erform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services and shall keep such records for a period of three years following co mpletion of the services hereunder. The Project Manager shall ha ve full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records.

6.2 Reports. Consultant shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement or as the Project Manager shall require.

6.3 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities o ther than the City without prior written authorization from the Project Manager.
(b) Consultant shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives the City notice of such court order or subpoena.

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(c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and in demnity from Consultant for any damages, costs and fees, includin g attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify the City should Consultant be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreeme nt and the work performed there under. The City retains the right, but has no obli gation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant.

6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the “documents and materials”) prepared by Consultant in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Project Manager or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownersh ip use, reuse, or assignment of the documents and materials hereunder.

Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined i n 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law . This Agreement shall be interpreted, construed and governed both as to validity and to performa nce of the parties in accordance with the laws of the State of Ca lifornia. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California. In the event of litigation in a U.S. District C ourt, venue shall lie exclusively in the Central District of California, in the County of San Bernardino , State of California.

7.2 Disputes; Default. In the event that Consultant is in default u nder the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the d efault. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, if circumstances warrant. During the period of time that Consultant is in default, the City s hall hold all invoices and shall, when the default is cured, proc eed with payment on the invoices. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.

7.3 Legal Action. In addition to a ny other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain

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declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a ny legal action under this Agreement.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or rem edies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.4 Liquidated Damages . Since the determination of actual damages for any delay in perf ormance of this Agreement would be extremely difficult or impract ical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of Zero Dollars and No Cents ($0.00) as liq uidated damages for each working day of delay i n the performance of any service required hereunder.

The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages.

7.5 Termination Prior to Expir ation of Term . This Section shall govern any t ermination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Project Manager. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Project Manager . Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior t o the effective date of the notice of termination and for any services authorized by the Project Manager thereafter in accordance with the Schedule of Compensation or such as may be approved by the Project Manager. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder, but not exceeding the compensation provided therefore in the Sched ule of Compensation Exhibit “C”. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.6 Termination for Default of Consultant. If termination is due to the failure of th e Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

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8. MISCELLANEOUS

8.1 Covenant Against Discrimination . Consultant covenants that, by and for itself, its heirs, executors, assign s and all persons claiming under or through the m, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color , creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the perfo rmance of this Agreement. Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color , creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class

8.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in intere st, in the event of any default or breach by the City or for any amount, which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.3 Notice. Any notice, demand, request, document, consent, ap proval, or communication either party desires o r is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first -class mail, in the case of the City, to the City Manager and to the atten tion of the Project Manager (with her/his name and City title), City of Chino, 13220 Central Avenue, Chino, California 91710 and in the case of the Consultant, to the person (s) at the address designated on the execution page of this Agreement.

Either part y may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy - two (72) hours from the time of mailing if mailed as provided in this Section.

8.4 Integration; Amendment . It is understood that t here are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.

8.5 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment o r decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpret ed to carry out the intent of the parties hereu nder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

8.6 Waiver. No delay or omission in the exercise of any right or remedy by non-defaulting p arty on any default shall impair such right or remedy or be construed as a waiver. A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

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8.7 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any othe r relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees, whether or not the matter proceeds to judgment.

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

8.9 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such cou nterparts shall constitute one and the same instrument.

8.10 Warranty & Representation of Non -Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement , nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly o r indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not incl ude interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5 . Consultant warrants and represents that it has not paid or given, and will not pay or give, to any thi rd party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)h e/it has not engaged in any act(s), omission(s) , or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or bein g awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) o r other conduct resulting in such payment of money, consideration, or other thing of value will render this A greement void and of no force or effect.

Consultant’s Authorized Initials _______

8.11 Corporate 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 ot her Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]

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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:

Natalie Gonzaga, City Clerk

APPROVED AS TO CONTENT:

___________________________________
Silvia Avalos, Director of Community
Services
CONSULTANT:

COMMUNITY WORKS DESIGN GROUP
By:

Name:

Title:

By:

Name:

Title:

Address:

Two corporate officer signatures required when Con sultant is a corporation, with one signature required from ea ch of t he following groups: 1) Cha irman 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 ATTESTATI ONS SHA LL BE

INCLUDED AS MAY BE RE QUIRED B Y THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

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01225.0001/458762.1 A-1
EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the Services described in Consultant’s P roposal, attached hereto as Exhibit A-1.

II. All work product is subject to review and ac ceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

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Landscape Architecture • Planning • Accessibility Consulting 4649 Brockton Avenue • Riverside CA 92506 • (951) 369-0700 • www.cwdg.fun

March 16, 2023

Mr. Keith Martinez
Community Services Department
City of Chino
13220 Central Avenue
Chino, CA 91710

RE: Proposal for Professional Design Services:

Carolyn Owens Community Center (COCC) Demonstration Garden

Dear Keith,

On behalf of th e firm of Com munity Works Design Group (CWDG) we are pleased to present this updated proposal to undertake professional design services for the City of Chino ’s Demonstration Garden at Carolyn Owens Community Center (COCC).

The members of the Design T eam appreciate your consideration of our team f or this important project.

We look forward to working with the City’s team in creating an educational and aesthetically-pleasing garden design tailored to your community.

Respectfully,

COMMUNITY WORKS DESIGN GROUP

Scott Rice ASLA, LEED AP, CASp
President
Landscape Architect CA# 5111
Certified Access Specialist CASp-709

EXHIBIT “A-1”
01225.0001/458762.1 A-2

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CAROLYN OWENS COMMUNITY CENTER DEMONSTRATION GARDEN – CITY OF CHINO March 16, 2023

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SCOPE OF WORK

The following is our vision of the next steps. We are ready to dive in to the work at hand immediately upon Notice to Proceed. We are a flexible and resilient team and can “roll with the punches” as needed.

We will review the existing site condition s and other informa tion with your staff prior to beginning our work. It w ill be our policy to stay in close communication with your team and encourage participation.

We feel that much informa tion is to be gained by this interaction and that many problems can be eliminated by doing so.

A. PHASE I - PREPARATION OF WORK PLAN/MATERIAL COLLECTION/CONCEPTUAL PLANNING:

1. We will participate in a pro ject kick-off meeting at City office s, which will extend into a site walk-through immediately following the kick-off meeting.

2. We will conduct a thorough physical inspection of the project site and collect all data regarding existing improvements, facilities, and utilities. We will co ordinate receiving the topographic map of the project site.

3. We will collect a soil sample from the project site and will ship the soil sample to our subconsultant agronomic testing lab, Wallace Laboratories, for the sake of obtaining soil amendment recommendations and plant suitability analysis.

4. Our subconsultant geotechnical engineer, GeoT ek, wi ll provide lim ited geotechnical investigation to provide recommendations for grading, hardscape preparation, and light pole foundation design.

5. The design will be a high -quality design, for the foundation of a garden that can be supplemented over time, as the initial plantings mature. We will explore design optio ns that will allow future improvements to be constructed in later phases without needing to remove initial features or planting s. We plan to utilize a combination of d urable materials, design, drought and frost tolerant plant material requiring minimal water and low maintenance, and decomposed granite with O rganic-Lock bi nder for higher likelihood of maint aining accessibility. We will work with our subconsultant Civil Engineer to create bioswales for drainage and to improve water quality.

6. We will prepare a preliminary construction cost estimate for review.

7. Upon your review of the conceptual design and cost estimate, we will dovetail City feedback into the final conc eptual plan and rough -order cost estimate for Staff- level approval.

Phase I Deliverables: PDF copies of all documents
Regular e-mail progress updates and ongoing coordination documentation

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B. PHASE II AND PHASE III - DESIGN AND FINAL DESIGN:

There will be two phases of the Construction Document Phase. The first phase will inclu de the Design Development, in which we will bring the drawings to a pproximately 60% completion.

Plans at this stage will outline all hardscape elements, layout irrigation heads, solar lighting options and indicate major planting concepts. These plans wil l be turned over to your office for review to determine an y final ad justments prior to working out details and beginning specifications. Once approved, our o ffice will continue onto the Construction Documents until 90% complete, where they will be turned over to your as required for final review s. We will provide 100% plans incorporating various City department review, prior to bidding.

a. MEETINGS: We will include participation in two (2) m eetings w ith the City ’s team during the Design and Final design phases.

b. CONSTRUCTION DRA WINGS: Construction Drawings will include the construction layout plan with decomposed granite walks.

c. GRADING/ DRAINAGE PLANS: Our subconsu ltant, David Beckwith & Associates, will prepare grading and drainage plans to show accessibility compliance and positive drainage. We will aim to create a balanced site (i.e. identify areas for excess soil to be bermed, or low areas for borrow soil that could serve as infiltration basins, etc.).

d. EROSION CONTROL PLAN: Our subconsultant, David Beckwith & Associates, will prepare one (1) erosion control plan for inclusion on the precise grading plan set for use during construction occurring during the rainy season. Plans will indicate temporary desilting basins, sandbags, silt fencing, stabiliz ed project entry, slope protection, and other applicable best management practices (BMP’s).

e. IRRIGATION PLANS: We will prepare complete irrigation plans in compl iance with Model Water Efficient Landscape Ordinance (MWELO) and all applicable AB 1881 requirements. Main line, lateral lines and all other elements of the system will be adjusted to carry optimal amounts of water to irrigate the sites. We will utilize the manuf acturer and model preferences indicate d by C ity s taff. Full detailing of all equipme nt will be included . Vandal resistance, durability, serviceability, reliability, water conservation and efficiency will be our p rimary concerns. We wil l direct the landscape contractor to pr epare a color-coded irrigation controller chart as part of the turnover items provided to the City prior to project acceptance.

f. ELECTRICAL PLANS: We will coordinate the selection and obtain a p hotometric plan for solar walkway lighting from a City-preferred vendor. If the City does not have a rec ommended vendor , we will propose options based on fa vorable reviews from other municipal clients.

g. PLANTING PLANS: Complete P lanting Plans with all necessary details will be provided. Plant suitability, maintainability, drought and frost res istance and consistency with the chosen theme will be primary concerns.

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h. SPECIFICATIONS: Specifications detailing materials and workmanship for all of the above items will be provided in the required format.

i. COST ESTIMATES: Final estimates of probable costs will be prepared for review.

j. DOCUMENT PROCESSING: We will submit the documents for y our approvals.

We will review documents and make all necessary corrections.

k. APPROVALS: We will submit plans to yo ur office for routing and approval by all concerned departm ents in the re quired format. We will ensure that all plans and specifications are in compliance with all applicable local requirements and guidelines.

Phase II & III Deliverables: PDF copies of all documents Regular e -mail progr ess updat es and ongoing co ordination documentation

C. PHASE IV - BID ASSISTANCE:

1. CWDG will be available to assist bidders during the bidding process as requested by t he City and can attend the pre -construction meeting. We will provide as -requested bid phase services to include rev iew and response to Requests for Information (RFI’s) from prospective bidders, preparation of addenda, pre -bid conference, pa rticipation in bid opening, bid analysis to determi ne lowest responsi ble bidder and pre -construction meeting. Bidding Assistance shall be performed at the current hourly rates.

D. PHASE V - CONSTRUCTION ASSISTANCE:

1. CONTRACT ADMINISTRATION: CWDG will review submittals, prepare design details for field c hanges, review shop drawings, material samples, and change orders as well as provide consultation to assist in the resolution of field problems as requested by the City. Contract Administration shall be performed at the current hourly rates.

2. FIELD OBSERVATION: We will provide field observation services with our staff and ou r consultants as reque sted. We are including 12 visits during the planned 3 -month construction phase with this proposal.

3. CIVIL CONSTRUCTION ASSISTANCE: Our subconsultant Civil Engineer, David Beckwith & Associates, will provide points of clarification and response to requests fo r information (RFI’s) from the s elected Contractor re lative to the construc tion of the site improvements. In the event that field conditions and design conditions require revisions to the original project design, said design modifications (if any) shall be documented and provided as delta revisions to the drawings as required and issued to the field. DBA will include 1 field observation trip during construction for the purpose of verifying grades.

4. AS-BUILT PREP ARATION: We wi ll convert as -built information documented by the Contractor into CAD format , which will be tu rned over to the City for re cord keeping purposes.

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FEE PROPOSAL

The following is our proposed fee t o provide all work mentioned in the Scope of Work outl ine for the Carolyn Owens Community Center Demonstration Garden project based upon a construction budget of $350,000.

Consultant Services Fee

A. Phase I: Site Inventory/ Base Drawing LUMP SUM $ 9,047.00 Preparation/Geotechnical Report
Conceptual Planning/Cost Estimates

B. Phase II: Design Development LUMP SUM $8 ,325.00

C. Phase III: Construction Drawings/ Final Design LUMP SUM $ 19,755.00 Erosion Control Plan/Precise Grading
Drainage Plan

D. Phase IV: Bidding Assistance HOURLY / $ 2,500.00

NOT TO EXCEED

E. Phase V: Construction Administration HOURLY - NTE $ 13,840.00

NOT TO EXCEED

F. Reimbursables COST PLUS $1,500.00
15% - NTE

Total Base Fees NTE $ 54,967.00

1. Field Observation services will be provided at your request and billed/charged at the Landscape Architect's hourly rate per Attachment 1.

2. Provisions of Attachment 1 and Attachment 2 are an integral part of this proposal as if herein written in full.

3. This proposal expires after 90 days if an agreement for professional services is not fully executed.

Accepted: _______________________________ _________________________

SIGNATURE DATE

_______________________________

PRINTED NAME

_______________________________

TITLE

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ATTACHMENT - 1

NORMAL HOURLY RATES

Principal Landscape Architect's
time at the fixed rate of: $ 215.00 per Hour

Senior Landscape Architect's
time at the fixed rate of: $175.00 per Hour

Certified Irrigation Designer's
time at the fixed rate of: $160.00 per Hour

Landscape Designer's
time at the fixed rate of: $1 30.00 per Hour

Professional Staff's
time at the fixed rate of: $ 75.00 per Hour

OUTSIDE CONSULTANTS

Services of outside consultants not listed in this proposal, at our direct cost, plus 15% of the actual cost of their services for coordination.

REIMBURSABLE ITEMS

Reimbursable items, such as the cost of plotting, graphi c reproduction and shipping, at our direct cost plus 15%. Auto travel shall be char ged at the curr ent IRS Reimburs able Rate. Reimbursable items are billed in addition to the stated fee.

TERMS AND CONDITIONS OF PAYMENT

We will bill in proportion to the percentage of work complete at the time of billing. All billing statements are due upon receipt. I nterest will be charged at the rate of 2% per month on the past due balance thirty days and over.

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ATTACHMENT - 2

ADDITIONAL SERVICES

Additional Services shall be performed only wh en requested or approved by your office. Compensation for s uch services shal l be in accordance with our Normal Hourly Rates and Reimbursable Items per Attachment 1. Additional services may include, but are not limited to:

1. Revising previously approved drawings to accomplish changes ordered by your office.

2. Any work requested by your office that is not heretofore mentioned.

CLIENT'S RESPONSIBILITY

1. Client shall p rovide all available data possible regarding the site information and surrounding properties.

2. Complete information concerning available services and utilities.

3. Assist with coordinating the approval process with client and provide as -built plans to the extent possible.

4. Development restrictions, program restrictions and other such data.

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01225.0001/458762.1 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS

(INTENTIONALLY LEFT BLANK)

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01225.0001/458762.1 C-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall be compensated for the services provide d under this Agreement in accordance with the budget and rates provided in Exhibit “A-1”.

II. The City will compensate Consultant for the Services performed upon submission of a valid invoice, as described in Section 2.2.

III. The total compensation for the Services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.

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D-1
01225.0001/458762.1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely in accordance with the following schedule:

DAYS TO PERFORM DEADLINE DATE
A. Task A – Design Services 185 Days December 30, 2023

II. The Project Man ager may approve extensions for p erformance of th e services in accordance with Section 3.2.

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Revenue: Expenditure: 5207300-48010-MS237

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

COMMUNITY SERVICES DEPARTMENT

COUNCIL MEETING DATE: MAY 2, 2023

TO: LINDA REICH, CITY MANAGER

FROM: SILVIA AVALOS, DIRECTOR OF COMMUNITY SERVICES

SUBJECT: AWARD OF CONTRACT - WATER ENVIRONMENTAL BUILDING LEAD AND ASBESTOS ABATEMENT PROJECT (MS237).

RECOMMENDATION
1) Award a construction contract in the amount of $66,500 to Resource Environmental, Inc., Cerritos, CA for the Water Environmental Building Lead and Asbestos Abatement project (MS237); 2) authorize expenditures of up to $13,300 for construction project contingencies for a not-to-exceed potential contract amount of $79,800; and 3) authorize the City Manager to execute all documents on behalf of the City.

FISCAL IMPACT
Sufficient funds are available in the Fiscal Year 2022-23 Capital Improvement Program 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:
• Responsible Long-Range Planning
• Integrity & Accountability

8.4 CONSENT CALENDAR
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COUNCIL MEETING DATE: MAY 2, 2023
SUBJECT: AWARD OF CONTRACT - WATER ENVIRONMENTAL BUILDING LEAD AND ASBESTOS ABATEMENT PROJECT (MS237)
PAGE 2

BACKGROUND
In December 2022, the City purchased the former Champion Pr ess property, now referred to as the Water Environmental Building, for office and storage space for staff. A Phase 1 Environmental inspection was completed as part of the purchase requirements for the former Champion Press Building, which identified the p resence of asbestos and lead, in various locations throughout the building.

The Fiscal Year 2022 -23 Water Fund budget has sufficient funding for renovation work to be completed to the recently acquired building. As part of the renovations to the buildin g, existing lead and asbestos abatement is required to be remediated prior to any improvements. The scope of work is to include abatement of all identified lead and asbestos material per the project specifications.

ISSUES/ANALYSIS
Staff prepared specif ications for the project and a Notice Inviting Bids was published on Planetbids. On March 27, 2023, eight (8) bids were accepted electronically with the following results:

Company Name Total Bid Amount
1 Resource Environmental, Inc. $ 66,500.00
2 Unlimited Environmental, Inc. $ 77,000.00
3 Integrated Demolition and Remediation, Inc. $ 95,000.00 4 Danny Ryan Precision Contracting, Inc. $ 99,200.00 5 A&V Contractors, Inc. $107,000.00
6 Air Clean Environmental Inc. $114,011.83
7 Bayview Environmental Services, Inc. $132,400.00
8 Castlerock Environmental $240,710.00

The lowest bid was submitted by Resource Environmental, Inc., Cerritos, CA in the amount of $66,500. Staff subsequently reviewed Resource Environm ental, Inc. contractor’s licenses, bonds, references, and list of sub -contractors submitted for the project and determined them to be the lowest responsive and responsible bidder. In addition to the contract amount, staff is requesting authorization to sp end up to $13,300 for construction project contingencies for unanticipated work bringing the total potential construction contract to $79,800.

Attachment: Resource Environmental, Inc. - Agreement and Proposal

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Contract No.:

Approved:

AGREEMENT

WATER ENVIRONMENTAL BUILDING LEAD AND ASBESTOS ABATEMENT PROJECT

THIS AGREEMENT is made and entered into this 2nd day of May, 2023 by and between THE CITY OF CHINO, a municipal corporation, hereinafter called “ City”, and Resource Environmental, Inc., hereinafter called “Contractor”.

WITNESSETH, that the parties hereto mutually agree as follows:

ARTICLE I: For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by City, Contractor agrees to perform and complete all of the work for the project entitled “WATER ENVIRONMENTAL BUILDING LEAD AND ASBESTOS ABATEMENT PROJECT)” in a good and workmanlike manner in accordance with all plans and specifications therefor, to furnish at Contractor’s sole cost and expense all tools, equipment, labor, and materials necessary therefor, except such materials and equipment as are expressly stipulated to be furnished by City, and to do everything required by the Contract Documents.

ARTICLE II: Contractor shall be responsible for furnishing all labor, materials, equipment, tools, and services, furnishing and removing all plants, temporary structures, tools, and equipment, and doing everything required by this Agreement and by the Contract Documents. Contractor shall also be responsible for all losses and damages arising out of the performance of the Work, from the action of the elements, or f rom any unforeseen difficulties that may arise during the prosecution of the Work until its acceptance by City; for all risks of every description associated with the Work; and for all expenses resulting from the suspension or discontinuance of the Work.

City shall pay Contractor, and Contractor shall receive, for completing the Work in accordance with the requirements of the Contract Documents and in full compensation therefor, the price named in the Bid Proposal. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive a total contract amount of Sixty-Six Thousand Five Hundred Dollars and No Cents ($66,500.00) for completion of the contract work.

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

ARTICLE IV: Contractor shall begin work within five (5) calendar days after receiving a Notice to Proceed from the City and the work shall be completed within twenty (20) working days from the date on which the work was started. If the work is not completed within said time period, liquidated damages shall apply.

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

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Agreement.

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

ARTICLE VII: No officer or employee of the City shall have any financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is interested, in violation of any State statute or regulation.

Similarly, Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

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

District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.

ARTICLE IX: Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

ARTICLE X: No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which

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may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

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

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

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

[SIGNATURES ON FOLLOWING PAGE]

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

Approved as to Form: Approved as to Content:

City Attorney Silvia Avalos
Director of Community Services
Department

CONTRACTOR

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

CITY OF CHINO

Dated:

Linda Reich, City Manager

ATTEST:

Angela Robles, City Clerk

Date

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66,500

SIXTY SIX THOUSAND FIVE HUNDRED
46,500
Forty six thousand
five hundred dollars

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5 27,340

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Revenue: Expenditure: 1003000-43515-Various

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M E M O R A N D U M

CITY OF CHINO

FINANCE DEPARTMENT

COUNCIL MEETING DATE: MAY 2, 2023

TO: LINDA REICH, CITY MANAGER

FROM: ROB BURNS, DIRECTOR OF FINANCE

SUBJECT: AWARD OF CONTRACT - SPECIAL DISTRICT ADMINISTRATION SERVICES.

RECOMMENDATION
Award a contract to Webb Municipal Financial Associates , LLC., Riverside, Ca., for special district administration services in the amount of $126,662.81 and authorize the City Manager to execute all necessary documents on behalf of the City.

FISCAL IMPACT
Sufficient funds are included in the Proposed Fiscal Year 2023-24 Operating Budget. Funds are contingent on the FY 2023-24 Budget Adoption.

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
• Public Service Excellence through Internal and External Partnerships

8.5 CONSENT CALENDAR
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COUNCIL MEETING DATE: MAY 2, 2023
SUBJECT: AWARD OF CONTRACT - SPECIAL DISTRICT ADMINISTRATION SERVICES PAGE 2

BACKGROUND
The City has been utilizing the services of Webb Municipal Financial Associates (Webb) for the last 16 years for administration of the City's Community Facilities Districts (CFD) and Landscape & Lighting Maintenance Districts (L LMD), as well as for CFD formations, services for CFD annexations, bond issuances, delinquency management, secondary market disclosures, and assessment apportionments.

ISSUES/ANALYSIS
On February 17, 2023, staff completed a competitive bidding process for special district consulting services. At that time , the City received only one qualified bid that exceeds the current contract with Webb by $15,000.

Staff recommends retaining Webb’s services due to the e xtent of development occurring in the Preserve for both residential and industrial development, CFD formations, annexations, and bond issuances. In addition, the number of CFD's that require annual administration continues to grow. The City currently has 2 8 CFD's and 6 LLMD's that require administration services for the levy to be placed on the annual property tax bill.

The City is currently utilizing the services of Webb for bond issuances and a services annexation, as well as the upcoming annual levy proc ess. To maintain continuity and complete these projects successfully, staff is recommending that the City elect to enter into a new three - year agreement with Webb through a noncompetitive process. Webb has provided a price quote for their services with annual increases of just 2.5% per year.

The price quote from Webb provides for CFD and LLMD services at an annual cost of $126,662.81 to the City. This quote is equal to the current contracted amount for FY 2022 -23.

Also included in the proposal is Other Ser vices at $80,000. Other Services include CFD formations, annexations, and bond issuances. These costs are paid by the developers or through the bond issuance process , and not by the City of Chino. The City is a fiduciary between Webb and the developers. Therefore, the net cost to the City is $126,662.81.

Webb continues to provide competitive pricing and has provided excellent administration services for the City of Chino for the past 16 years. Web b has the background knowledge for all the City's CFD ’s and LLMD’s that no other firm has and has proven to have a keen understanding of the City's operations.

Therefore, in the best interest of the City, staff recommends City Council award and authorize a contract to Webb Municipal Finance, LLC. to continue providing district administration and other services to the City of Chino, in the amount of $126,662.81 annually, with two additional one - year options at a 2.5% escalator.

Attachments - Agreement with Webb

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Revenue: 12040002-51539-G4240 Expenditure: 12040002-43050-G4240

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

POLICE DEPARTMENT

COUNCIL MEETING DATE: MAY 2, 2023

TO: LINDA REICH, CITY MANAGER

FROM: WES SIMMONS, CHIEF OF POLICE

SUBJECT: FEDERAL ASSET FORFEITURE - EQUIPMENT PURCHASE.

RECOMMENDATION
1) Appropriate $15,369 from the Asset Forfeiture / Department of Justice Fund for the purchase of supplies and replacement duty equipment; 2) increase the Asset Forfeiture revenue by $15,369; 3) approve an increase to ProForce vendor cap by $30,369 for total vendor cap of $144,002.98 and 4) authorize the City Manager to execute all necessary documents on behalf of the City.

FISCAL IMPACT
These purchases will require an appropriation of $ 15,369 from the unappropriated reserves of the Federal Asset Forfeiture / Department of Justice Fund and increase the revenue of the fund by the corresponding amount.

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

The recommendation detailed above furthers the Cit y’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:

• Effective Technology
• Public Service Excellence through Internal and External Partnerships

8.6 CONSENT CALENDAR
Packet Pg. 114
COUNCIL MEETING DATE: MAY 2, 2023
SUBJECT: FEDERAL ASSET FORFEITURE - EQUIPMENT PURCHASE PAGE 2

BACKGROUND
For several years, the Chino Police Department has directly participated in investigations and/or prosecutions that have resulted in the federal forfeiture of assets. As a result of the Police Department’s participation in these cases, the City of Chino receives an equitable share of the net proceeds from the forfeiture. Forfeiture funds can only be designated for law enforcement use and must be used to increase or supplement the appropriated resources of the receiving law enforcement agency. Forfeiture funds cannot be used to replace the resources of the Department (e.g., decreasing the department budget and replacing those funds with federal asset forfeiture funding).

ISSUES/ANALYSIS
A reliable and effective flashlight is a critical piece of equipment for police personnel. The Training Unit has identified the need to replace the currently issued flashlight, which is over 10 years old, with a more modern and effective flashlight.

Multiple flashlights were tested and evaluated, and the Training Unit has identified the Pelican 7600 Series flashlight as a suitable replacement light. This light is brighter, smaller, and lighter than the current flashlight. The 7600 offers 944 Lumens, Battery Level Indication, and offers IPX8 durability and waterproofing. It offers a red and green light option to help with reading during darkness. The 7600 also comes with a belt clip, fits the standard flashlight holder provided on the Blankenship outer vest and fits in the belt holster that we currently issue, giving officers more options to store the light on their person. USB charging provides officers with multiple options for charging and removes the need to install charging docks in our patrol vehicles.

The functions of the Pelican 7600 are very simil ar to the functions of the previousl y issued light and minimal training would be needed at the time of issuance.

Our current distributor for flashlights is Pro Force, who can provide the quantity of flashlights needed to equip each of our personnel. Staff has determined that the department will need to order 150 units at $91.95 each. Multiple purchase options were evaluated, and Pro Force was the lowest priced quote.

Apart from the flashlights, Chino Police Department also needs to purchase more ballistic vests and replacement police equipment from ProForce. To facilitate the additional purchases required for Fiscal Year 2022-23, a vendor cap increase of $30,369 is requested. This request requires the asset forfeiture appropriation of $15,369. While the remaining $15,000 will not require additional appropriation, as it is within the adopted Fiscal Year 2022-23 Budgeted Appropriations.

8.6 CONSENT CALENDAR Packet Pg. 115

Revenue: Expenditure: 6607400-43050; 6607400-43580

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

COUNCIL MEETING DATE: MAY 2, 2023

TO: LINDA REICH, CITY MANAGER

FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR

SUBJECT: VENDOR CAP INCREASES – AUTOMOTIVE TRAINING INSTRUCTOR, INC., AND HAAKER EQUIPMENT, CO..

RECOMMENDATION
1) Authorize a vendor cap and purchase order increase for Automotive Training Instructor, Inc., Chino, CA in the amount of $30,000 for a revised vendor cap and purchase order amount of $80,000; 2) authorize a vendor cap a nd purchase order increase for Haaker Equipment Company, La Verne, CA in the amount of $20,000 for a revised vendor cap and purchase order amount of $70,000; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.

FISCAL IMPACT
Sufficient funds are included in the Fiscal Year 2022-23 Operating Budget.

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

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COUNCIL MEETING DATE: MAY 2, 2023
SUBJECT: VENDOR CAP INCREASES – AUTOMOTIVE TRAINING INSTRUCTOR, INC., AND HAAKER EQUIPMENT, CO.

PAGE 2

BACKGROUND
The Public Works Department/Fleet Division established Automotive Training Instructor, Inc., as a new vendor to repair accident damage and body work during Fiscal Year 2022 -23 for $50,000.00. City Council authorization is required when the combined total of purchase orders and agreements to one vendor exceeds $50,000.00. Therefore, a vendor cap and purchase order increase are necessary due to rising inflation costs for parts and labor. Automotive Training Instructor, Inc. has provided satisfactory auto body repairs, exceptional customer service, and quality workmanship; therefore, it i s staff's request to continue utilizing this vendor for additional auto body repairs. There are sufficient funds for this request; therefore, no appropriation is needed.

Haaker Equipment Company is a vendor that provides parts and services for City -owned units such as sewer vacuum trucks, street sweepers, and pressure washers. A vendor cap of $50,000 was initially established at the beginning of the fiscal year. However, a vendor cap increase is necessary due to rising inflation costs for parts and labor. T here are sufficient funds for this request; therefore, no appropriation is needed.

ISSUES/ANALYSIS
Staff continues to abide by City purchasing procedures when entering new purchase orders. As part of the financial review of expenditures, as noted above, s taff has identified the following purchase orders for specific vendors that are anticipated to exceed amounts authorized by City Council:

Vendor Purpose Increase Amount Total P.O. Amount
Automotive Training
Instructor, Inc. (dba: Exhibit
Collision Center)
Parts & Repairs $30,000 $80,000
Haaker Equipment Parts & Repairs $20,000 $70,000

Therefore, staff recommends increasing the existing vendor cap and purchase order with Automotive Training Instructor by $30,000 for a revised total of $80,000 and wit h Haaker Equipment Company by $20,000 for a revised total of $70,000.

These requests increase the purchase orders only and do not require additional appropriation as the expenditures are within the adopted Fiscal Year 2022-23 Operating Budget.

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Revenue: Expenditure: 5207300-43605

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

COUNCIL MEETING DATE: MAY 2, 2023

TO: LINDA REICH, CITY MANAGER

FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR

SUBJECT: VENDOR CAP INCREASE - CHINO BASIN DESALTER AUTHORITY.

RECOMMENDATION
Authorize a $42,418.20 vendor cap increase for Chino Basin Desalter Authority for a total revised vendor cap amount of $5,507,418.20 and authorize the City Manager to execute all necessary documents on behalf of the City.

FISCAL IMPACT
Sufficient funds are included in the Fiscal Year 2022-23 Operating Budget.

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

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COUNCIL MEETING DATE: MAY 2, 2023
SUBJECT: VENDOR CAP INCREASE - CHINO BASIN DESALTER AUTHORITY PAGE 2

BACKGROUND
City Council authorization is required when the combined total of purchase orders and agreements to one v endor exceeds $50,000. On June 21, 2022, City Council approved the Fiscal Year 2022-23 vendor cap for the Chino Basin Desalter Authority (CDA) for $5,465,000.

The City is a founding member of the Chino Basin Desalter Authority (CDA) Joint Powers Agency and annually purchases 5,000 acre -feet of desalted groundwater from the CDA to satisfy its potable water demands.

ISSUES/ANALYSIS
The CDA invoices its members quarterly in advance of the 3 -month period during which water deliveries occur. The dollar amount of each quarterly invoice is ¼ of the budgeted amount the CDA estimates is needed for the entire fiscal year.

Typically, at the time the City prepares its proposed annual budget for the coming fiscal year, the CDA has not developed its budget; therefore, the City’s proposed budget is based on preliminary cost estimates, and the City subsequently establishes vendor purchase order amounts, to be approved by the City Council, based on those preliminary cost estimates.

For Fiscal Year 2022 -23, the City’s proposed budget (and corresponding Purchase Order amount) to cover estimated CDA invoices was $42,418.20 short of the CDA’s total $5,507,418.20 invoiced amounts.

Therefore, an increase in the amount of $42,418.20 to the existing vendor cap is needed to cover the additional cost for Fiscal Year 2022-23. This increase will create a new vendor cap for Chino Basin Desalter Authority to $5,507,418.20 for Fiscal Year 2022-23.

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Revenue: Expenditure:
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M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

COUNCIL MEETING DATE: MAY 2, 2023

TO: LINDA REICH, CITY MANAGER

FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR

SUBJECT: ACCEPTANCE OF CAL RECYCLE USED OIL PAYMENT PROGRAM (OPP12) GRANT FUNDS.

RECOMMENDATION
1) Authorize the acceptance of an award of funds for the State Department of Resources, Recycling and Recovery (Cal Recycle) Used Oil Payment Program (OPP12) in the amount of $12,124; 2) establish grant number G7060 for FY2022 -23; 3) app ropriate $12,124 from the unappropriated reserves of the Sanitation Fund with a corresponding appropriation in revenues; and 4) authorize the City Manager to execute the necessary documents on behalf of the City.

FISCAL IMPACT
Appropriate $12,124 from the unappropriated reserves of the Sanitation Fund with a corresponding increase to the revenue for Fiscal Year 2022-2023. This appropriation is fully offset with grant funding from the State of California, Department of Resources Recycling and Recovery and there is no city matching requirement.

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
• Public Service Excellence through Internal and External Partnerships

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COUNCIL MEETING DATE: MAY 2, 2023
SUBJECT: ACCEPTANCE OF CAL RECYCLE USED OIL PAYMENT PROGRAM (OPP12)

GRANT FUNDS
PAGE 2

BACKGROUND
The State of California awards annual Used Oil Payment Program (OPP) funds to cities and counties for used oil and used oil filter recycling activities. The State awards amounts based on a per capita formula which also causes a fluctuation from year-to-year due to population change and OPP fund availability.

ISSUES/ANALYSIS
The Department of Resources Recycling and Recovery (Cal Recycle) has made funds available to cities and counties since the early 1990s for support and promotion of used oil and household hazardous waste programs. These funds supplement costs for the City’s direct staffing expenses associated with operating the Household Hazardous Waste Collection facility, inspection of certified oil collection centers, as well as outreach, education, and materials to promote used oil recycling.

Staff receive d notification from Cal Recycle that funding was approved from the OPP to be expended in Fiscal Year 2022 -23. Therefore, Staff is recommending an appropriation of $12,124 from the unappropriated reserves of the Sanitation Fund with a corresponding increase to the revenues. There are no city matching funds required. The City has already received the funds from the State Controller’s Office.

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Revenue: Expenditure:
5507380-59500-G7061 5507380- 40010 -G7061 Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

COUNCIL MEETING DATE: MAY 2, 2023

TO: LINDA REICH, CITY MANAGER

FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR

SUBJECT: ACCEPTANCE OF CAL RECYCLE USED OIL PAYMENT PROGRAM (OPP13) GRANT FUNDS.

RECOMMENDATION
1) Authorize the acceptance of an award of funds for the State Department of Resources, Recycling and Recovery (Cal Recycle) Used Oil Payment Program (OPP13) in the amount of $14,180; 2) establish grant number G7061 for FY2022 -23; 3) app ropriate $14,180 to the Sanitation Fund 550 with a corresponding appropriation in revenues; and 4) authorize the City Manager to execute the necessary documents on behalf of the City.

FISCAL IMPACT
Appropriate $14,180 to the Sanitation Fund 550 with a cor responding increase to the revenue for Fiscal Year 2022 -2023. This appropriation is fully offset with grant funding from the State of California, Department of Resources Recycling and Recovery and there is no city matching requirement.

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
• Exemplary Leadership
• Public Service Excellence through Internal and External Partnerships

8.10 CONSENT CALENDAR
Packet Pg. 122
COUNCIL MEETING DATE: MAY 2, 2023
SUBJECT: ACCEPTANCE OF CAL RECYCLE USED OIL PAYMENT PROGRAM (OPP13)

GRANT FUNDS
PAGE 2

BACKGROUND
The State of California awards annual Used Oil Payment Program (OPP) funds to cities and counties for used oil and used oil filter recycling activities. The State awards amounts based on a per capita formula which also causes a fluctuation from year to year due to population change and OPP fund availability.

Staff received notification from Cal Recycle that funding was approved from the OPP to be expended during the grant cycle term of July 1, 2022, through June 30, 2024, which covers Fiscal Years 2022 -23 and 2023 -24. Therefore, staff is recommending an appropriation of $14,180 to the Sanitation Fund with a corresponding increase to the revenues. There are no city matching funds required. The City has already received the funds from the State Controller’s Office.

8.10 CONSENT CALENDAR
Packet Pg. 123

Revenue: 5507380-59500-G7062 Expenditure: 5507380-40010-G7062

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

COUNCIL MEETING DATE: MAY 2, 2023

TO: LINDA REICH, CITY MANAGER

FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR

SUBJECT: GRANT ACCEPTANCE OF CITY/COUNTY PAYMENT PROGRAM (CCPP21) FUNDS.

RECOMMENDATION
1) Authorize the acceptance of the award of funds from the State Department of Resources Recycling and Recovery (CalRecycle) Fiscal Year 2021 -22 City/County Payment Program (CCPP-21) in the amount of $22,080; 2) appropriate $22,080 to the Sanita tion Fund with a corresponding appropriation in revenues; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.

FISCAL IMPACT
Appropriate $22,080 to the Sanitation Fund 550 with a corresponding increase to the revenue for Fiscal Year 2022-23.

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
• Exemplary Leadership
• Public Service Excellence through Internal and External Partnerships

8.11 CONSENT CALENDAR
Packet Pg. 124
COUNCIL MEETING DATE: MAY 2, 2023
SUBJECT: GRANT ACCEPTANCE OF CITY/COUNTY PAYMENT PROGRAM (CCPP21) FUNDS
PAGE 2

BACKGROUND
The State of California awards annual payments t o cities and counties from the City/County Payment Program, funded from statewide beverage recycling monies collected. The distribution of these funds is based on a per capita formula, and as such, award amounts tend to fluctuate year-to-year based on population data and the total amount of funds available.

The State Department of Resources Recycling and Recovery (CalRecycle) administers this program and requires that the funds be used specifically for beverage container recycling programs, activities for school-aged youth, and community events. The City's outreach includes distributing educational recycling materials, installing and distributing recycling bins, public education and outreach promoting beverage container recycling, and purchasing and installi ng water bottle refill stations.

ISSUES/ANALYSIS
In April 2022, the City received City/County Payment Program funding from CalRecycle’s Fiscal Year 2021-2022, which covers the term of April 7, 2022 through March 1, 2024, in the amount of $22,080. Staff is recommending an appropriation of $22,080 from the unappropriated reserves of the Sanitation Fund for the City’s 2022-23 fiscal year to use for the City’s outreach program.

8.11 CONSENT CALENDAR
Packet Pg. 125

Revenue: Expenditure: 5507380-40010-G7063
5507380-59500-G7063
Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

COUNCIL MEETING DATE: MAY 2, 2023

TO: LINDA REICH, CITY MANAGER

FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR

SUBJECT: GRANT ACCEPTANCE OF CITY/COUNTY PAYMENT PROGRAM (CCPP22) FUNDS.

RECOMMENDATION
1) Authorize the acceptance of the award of funds from the State Department of Resources Recycling and Recovery (CalRecycle) Fiscal Year 2022 -23 City/County Payment Program (CCPP-22) in the amount of $23,192; 2) appropriate $23,192 to the Sanita tion Fund 550 with a corresponding appropriation in revenues; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.

FISCAL IMPACT
Appropriate $23,192 to the Sanitation Fund 550 with a corresponding increase to the revenue for Fiscal Year 2022-23.

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
• Exemplary Leadership
• Public Service Excellence through Internal and External Partnerships

8.12 CONSENT CALENDAR
Packet Pg. 126
COUNCIL MEETING DATE: MAY 2, 2023
SUBJECT: GRANT ACCEPTANCE OF CITY/COUNTY PAYMENT PROGRAM (CCPP22) FUNDS
PAGE 2

BACKGROUND
The State of California awards annual paymen ts to cities and counties from the City/County Payment Program, funded from statewide beverage recycling monies collected. The distribution of these funds is based on a per capita formula, and as such, award amounts tend to fluctuate year-to-year based on population data and the total amount of funds available.

ISSUES/ANALYSIS
In March 2023, the City received notification that the City/County Payment Program funding from CalRecycle’s Fiscal Year 2022 -2023 will arrive in up to six weeks. This grant cycle covers the term of Ap ril 18, 2023 through March 1, 2025, for $23,192. Staff is recommending an appropriation of $23,192 to the Sanitation Fund for the City’s FY 2022 -23 to be used for the City’s outreach program.

8.12 CONSENT CALENDAR
Packet Pg. 127

Revenue: Expenditure: 3207140-48009-NC231

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

COUNCIL MEETING DATE: MAY 2, 2023

TO: LINDA REICH, CITY MANAGER

FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR

SUBJECT: NOTICE OF COMPLETION: NC231 - LOCALIZED ASPHALT PATCH AND POTHOLE REPAIRS AT SCHAEFER AVENUE.

RECOMMENDATION
1) Accept the Localized Asphalt Patch and Pothole Repairs for the Schaefer Ave Project (NC231), Onyx Paving Company, Inc., Anaheim, CA., Contract No. 2023 -124, as complete; 2) release the retention funds following t he 35 -day lien period; and 3) authorize the Director of Public Works to file the Notice of Completion.

FISCAL IMPACT
The project was completed within the Council approved 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

8.13 CONSENT CALENDAR
Packet Pg. 128
COUNCIL MEETING DATE: MAY 2, 2023
SUBJECT: NOTICE OF COMPLETION: NC231 - LOCALIZED ASPHALT PATCH AND

POTHOLE REPAIRS AT SCHAEFER AVENUE
PAGE 2

BACKGROUND
On July 26, 2022, City Council awarded a construction contract to Onyx Paving Company Inc., Anaheim, CA, in the amount of $607,000 for the Localized Asphalt Patch and Pothole Repairs on Schaefer Ave from the west city limit to Euclid Avenue, the east city limit; this project is part of the Capital Improvement Program. Additionally, City Council authorized expenditures of up to $60,700 for project contingencies bringing the construction contract budget to a tot al amount not-to-exceed $667,700.

ISSUES/ANALYSIS
All work has been completed per the terms of the contract. The work was completed on time, and the final costs were below the original contracted amount. The remaining funds will be returned to the project budget. The following is a summary of the final accounting of the expenses for construction:

CONTRACT CONTINGENCY
Original Contract & Contingency Amount $ 607,000.00 $60,700.00 Contract Change Order No. 1 $ (98,056.00)
Final Contract & Contingency Amount $ 508,944.00 $60,700.00

Onyx Paving Company Inc., Anaheim, CA, has complied with the terms of the contract. A Notice of Completion has been prepared for filing with the San Bernardino County Recorder's Office.

The retention funds will be released following the 35-day lien period. The project was completed under budget.

Attachment: Notice of Completion - Project No. NC231

8.13 CONSENT CALENDAR
Packet Pg. 129

RECORDING REQUESTED BY
City of Chino
Public Works Department
P.O. Box 667
Chino, CA 91708

AND WHEN RECORDED MAIL TO

City Clerk
City of Chino
P.O. Box 667
Chino, CA 91708-0667
SPACE ABOVE THIS LINE FOR RECORDER’S USE

NOTICE OF COMPLETION

CITY OF CHINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA

Notice is hereby given that:

1. The undersigned is owner of the interest or estate stated below in the property hereinafter described.

2. The full name of the undersigned is City of Chino

3. The full address of the undersigned is 13220 Central Avenue, Chino, CA 91710

4. The nature of the title of the undersigned is: In fee (If other than fee, strike “In fee” and insert, for example, “purchaser under contract of purchase” or “lessee”)

5. The full names and full addresses of all persons, if any, who hold title with the undersigned are:

Names Addresses

N/A

6. The names of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work of improvement herein referred to:

Names Addresses

N/A

N/A
(If no transfer made, insert “none”)

7. A work of improvement on the property hereinafter described was completed on May 2, 2023

8. The name of the contractor, if any, for such work of improvement was:

Onyx Paving Company
(If no contractor for work of improvement as a whole, insert “none”)

9. The property on which said work of improvement was completed is in the City of Chino, County of San Bernardino, State of California, and is described as follows:

Localized Asphalt Patch and Pothole Repairs at Schaefer Ave (NC231)

10. The street address of said property is NONE
(If no street address has been officially assigned, insert “none”)

SIGNATURE OF OWNER NAMED IN PARAGRAPH 2: DATE: 5/2/23 Amer Jakher, Director of Public Works

CERTIFICATION FOR NOTICE OF COMPLETION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )ss

CITY OF CHINO )

I HEREBY CERTIFY that I am the Director of Public Works for the City of Chino. I have read the foregoing Notice of Completion and know the contents thereof; and I certify that the same is true of my own knowledge.

I declare under penalty of perjury, that the foregoing is true and correct. Executed on __May 2, 2023__, at City of Chino, California

Amer Jakher
Director of Public Works

8.13.a
Notice of Completion: NC231 -Localized Asphalt Patch and Packet Pg. 130

Revenue: Expenditure: 5307340-40005-R2071

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

COUNCIL MEETING DATE: MAY 2, 2023

TO: LINDA REICH, CITY MANAGER

FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR

SUBJECT: APPROVE CONTRACT CHANGE ORDER - BENSON AVENUE PERMANENT LIFT STATION PROJECT (R2071).

RECOMMENDATION
1) Appropriate $162,000 from the unappropriated reserves of the Sewer Fund with a corresponding increase to the Benson Avenue Permanent Lift Station Project budget (R2071) for a revised total project budget amount of $2,588 ,618.88; 2) increase contingency by $87,153.71 for a revised total contract amount not -to-exceed $1,129,862.19; 3) approve construction contract change order No. 7 to Caliagua, Inc., Anaheim, CA (City Contract 2021 - 276) in the amount of $84,149; and 4) aut horize the City Manager to execute all necessary documents on behalf of the City.

FISCAL IMPACT
Requires an appropriation in the amount of $162,000 from the unappropriated reserves of the Sewer Fund. All work related to City infrastructure relocations attributable to the Benson Avenue Permanent Lift Station Project (R2071) will be one hundred percent (100%) reimbursable by Caltrans pursuant to reimbursement agreements between Caltrans and the City.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES: <https://ca- chino.civicplus.com/415/Strategic-Plan>
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

8.14 CONSENT CALENDAR
Packet Pg. 131
COUNCIL MEETING DATE: MAY 2, 2023
SUBJECT: APPROVE CONTRACT CHANGE ORDER - BENSON AVENUE PERMANENT LIFT STATION PROJECT (R2071)
PAGE 2

BACKGROUND
On May 4, 2021, City Council awarded a construction contract to Caliagua, Inc., Anaheim, CA, in the amount of $893,200 for Project No. R2071 - Benson Avenue Permanent Lift Station. Part of the proje ct award included authorized expenditures for contingencies in the amount of $89,320. Caliagua, Inc. substantially completed the lift station and the pre -start-up activities for the new pump station. On May 24, 2022, Caliagua, Inc. trained staff on operati ng the pump station and waited for the lift station to be energized to complete the rest of the remaining work.

Staff submitted this project’s design request to Southern California Edison (SCE). A final design was received from SCE to provide power to the permanent sewer lift station in January 2021.

City Staff has experienced delays from SCE in relation to energizing the project site. City staff and Caliagua, Inc. attempted to get on SCE’s schedule to initiate energizing activities, but SCE delayed these s cheduling efforts. SCE’s delays resulted from SCE not being able to schedule crews promptly, having to postpone the project site’s energizing dates, and needing to attend to power outages during the summer months of 2022.

After extensive communication with SCE, staff was finally provided with a date of September 11, 2022, to begin working on energizing the lift station. While commencing excavation activities in the project area in early September 2022, SCE discovered existing third -party utility lines tha t SCE had yet to reveal during their design. As such, SCE had to cancel the scheduled work and hold internal discussions with staff to find a new location to install their infrastructure and revise the civil and electrical design required to energize the C ity’s permanent lift station. SCE provided staff with an estimated date of the week ending October 28, 2022, to energize.

Caliagua could not proceed with the remainder of the construction work until SCE provided permanent power to the project site. Caliagu a required permanent power to energize the lift station. The balance of the construction work entailed Start -Up and testing, demolition of the temporary lift station, paving, closeout, and demobilization. Without power, Caliagua was unable to complete the work mentioned above. In response to the SCE delays, Caliagua submitted to staff their weekly cost to idle based on demobilization and remobilization of equipment, labor, and material rental.

Staff reviewed the weekly cost incurred by the contractor and negotiated a weekly delay rate in the amount of $2,735.84 per week. Caliagua has waited for SCE to energize since May 24, 2022.

On October 18, 2022, City Council approved a contingency increase of $60,188.48 to account for the SCE delays. In November 2022 , permanent power was provided, and the permanent lift station was energized.

In late November 2022, the City was informed that the fencing and the gate access to the San Bernardino County Flood Control District, south of the project site, was to be restor ed to their requirements. The City was issued a permit in 2021 to access the San Bernardino County Flood Control District right -of-way to continue operating and maintaining the temporary sewer lift station while the permanent sewer lift station was being b uilt. The fencing limits and requirements were reviewed in the field with a San Bernardino County Flood Control District Permit Inspector.

In early December 2022, it was discovered that a Benson Avenue sewer lateral near the project site experienced backup issues and needed to be rerouted to the sewer main along Portsmouth Street. As a temporary solution, City staff removed the plug from an 8 -inch main inside a new

8.14 CONSENT CALENDAR
Packet Pg. 132
COUNCIL MEETING DATE: MAY 2, 2023
SUBJECT: APPROVE CONTRACT CHANGE ORDER - BENSON AVENUE PERMANENT LIFT STATION PROJECT (R2071)
PAGE 3

maintenance hole along Benson Avenue to allow flow to move. The necessary field data and GIS information were collected for a new alignment to be prepared by the design engineer. Staff obtained and reviewed a quote from Caliagua to reroute the sewer lateral.

The additional work total cost is $84,149 and is necessary for the completion of the proje ct. All work related to City infrastructure relocations attributable to the project will be one hundred percent (100%) reimbursable by Caltrans pursuant to reimbursement agreements between Caltrans and the City.

ISSUES/ANALYSIS
Staff recommends that the Ci ty Council approve an appropriation of $162,000 to complete the Benson Avenue Permanent Lift Station Project (R2071). This appropriation will cover the remaining construction costs, project management, and final inspection costs.

Caliagua, Inc. is performing the work per the terms of the contract. The proposed change order will be processed upon the council’s approval. Staff is recommending that City Council approve a contingency increase in the amount of $87,153.71 and construction contract change order No. 7, in the amount of $84,149 for revised total contract amount not-to-exceed $1,129,862.19.

Project #R2071 Contract Balance Contingency
Balance
Original Contract & Contingency $ 893,200.00 $ 89,320.00 Change Orders No. 1-5 $ 76,852.94 -$76,852.94
Contingency Increase Approved 10-18-22 $60,188.48
Change Order No. 6 $ 65,660.25 $-65,660.25
Contingency Increase Requested 5-2-23 $87,153.71
Change Order No. 7 $ 84,149.00 -$84,149.00
Revised Contract & Contingency Balance $ 1,119,862.19 $10,000.00 Total Contract Not-To-Exceed Amount $1,129,862.19

Attachment: R2071 - Caliagua, Inc. - (CCO7)

8.14 CONSENT CALENDAR
Packet Pg. 133
EUNICE M. ULLOA CURTIS BURTON
Mayor CHRISTOPHER FLORES

MARC LUCIO
Council Members
K
AREN C. COMSTOCK DR. LINDA REICH
Mayor Pro Tem City Manager
CITY of CHINO
13220 Central Avenue, Chino, California 91710
Mailing Address: P.O. Box 667, Chino, California 91708-0667 (909) 334-3250 • (909) 334-3720 Fax
Web Site: www.cityofchino.org

DATE:

PROJECT: 893,200.00$
Previously Authorized CCO 1-6 142,513.19$
LOCATION: Authorized Amount for This CCO 84,149.00$
1,119,862.19$
TO (Contractor):

UNIT DECREASE IN

CONTRACT PRICE

INCREASE IN

CONTRACT
PRICE
LS $84,149.00
$0.00 $84,149.00
$84,149.00
$84,149.00 is hereby added to the contract price of and the total adjusted contract price to date $1,119,862.19

PUBLIC WORKS DEPARTMENT
3 Bridges Benson Avenue Sewer Line Permanent Pump Station Project R2071 2021-276
This change order is to include the addition of a new connection for a sewer lateral to the sewer main on Benson Ave. Reference drawings had showed that there was a lateral on Portsmouth St and in actuality it was on Benson Ave outside of the area of impact. To reestablish this connection due to health and safety concerns and the prevention of backups a new connection will need to be made to mitigate this issue.
thereby is
Description of work to be done, estimate of quantities and prices to be paid - Quantity and material changes to scope of work.

CONTRACT CHANGE ORDER
ITEM NO. DESCRIPTION
CONTRACT NO.: CHANGE ORDER NO : 704/20/23
Original Contract Amount
THE CONTRACT IS CHANGED AS FOLLOWS: Project is Over Budget, therefore, Does Require Council Approval.

QUANTITY UNIT PRICE

NET INCREASE IN CONTRACT PRICE
$1,035,713.19

TOTAL CHANGE
Benson Avenue North of the 60 FWY
Caliagua, Inc.

This document shall become an amendment to the c ontract and all provisions of the contract w ill apply hereto. This Change Order constitutes a complete and final resolution of all claims of the contract for additional time or additional compensation related to or affected by work t hat is the subject of this Change Order. Quantities of items o ther than Lump Sum are not to exceed the amounts indicated.

Adjusted Contract Amount
The sum of
The time provided for completion in the contract is to be executed separately. 1 Establish new connection for a sewer lateral to the sewer main on Benson Ave to include all work, material, labor, and incidentals as shown on the latest realignment plans Sheet 4 of 12 Drawing No. BA-2308 Revision 3 and Figure 1.
1 $84,149.00

Page 1 of 3 ends

8.14.a
Approve Contract Change Order: Benson Avenue
Packet Pg. 134
EUNICE M. ULLOA CURTIS BURTON
Mayor CHRISTOPHER FLORES

ACCEPTED BY: Cory Wolfram
RECOMMENDED BY: Anthony Flores
APPROVED BY: Michele Hindersinn
APPROVED BY: Amer Jakher
APPROVED BY: Linda Reich
ATTEST: Natalie Gonzaga
Director of Public Works
City Clerk
DatePrincipal Engineer
Contractor Date
Project Manager Date
Date
Date Interim City Manager
Date
NOTE: All workmanship and materials called for by this Change Order shall be fully in accordance with the original Contract Document insofar as the same may be applied without conflict to the conditions set forth by this Change Order. The time for completing the Contract will not be extended unless expressly provided for in the Change Order. This Change Order shall not be considered as such until it has been signed by authorized representatives of the Contractor and the City. Upon final approval, distribution of copies will be made as required.

Page 2 of 3 ends

8.14.a
Approve Contract Change Order: Benson Avenue
Packet Pg. 135
EUNICE M. ULLOA CURTIS BURTON
Mayor CHRISTOPHER FLORES

DATE:

1. Necessity for change:

2. Is proposed change an alternate bid?

3. Will proposed change alter the project scope?

4. Effect of this change on project contractors?

5. Has consent of surety been obtained?

6. If Yes, will the policies be extended?

7. Effect on operation and maintenance costs: None.

DISTRIBUTION:

Original: Contract File/City Clerk
Copy: Project Manager for Contractor
Management Analyst (2)
Project File
PW CO File

REQUEST AND JUSTIFICATION FOR CHANGE
2021-276

CONTRACT CHANGE ORDER
04/20/23
This change order is to include the addition of a new connection for a sewer lateral to the sewer main on Benson Ave. Referenc e drawings had showed that there was a lateral on Portsmouth St and in actuality it was on Benson Ave outside of the area of impact. To re establish this connection due to health and safety concerns and the prevention of backups a new connection will need to be made to mitigate this issue.

Will this change effect expiration or extent of insurance coverage? CHANGE ORDER NO.: 7
None.

CONTRACT NO.

No
Yes
Yes
No
No
No
No
Not Necessary
Yes
Yes
Yes
Yes

Page 3 of 3 ends

8.14.a
Approve Contract Change Order: Benson Avenue
Packet Pg. 136

Revenue: Expenditure: 3207100--43640

Transfer In: 3201000-50000 Transfer Out:2201000-40001

M E M O R A N D U M

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

COUNCIL MEETING DATE: MAY 2, 2023

TO: LINDA REICH, CITY MANAGER

FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR

SUBJECT: REIMBURSEMENT AGREEMENT - TRAFFIC SIGNAL (SAN ANTONIO & EUCALYPTUS AVENUES) LENNAR HOMES OF CALIFORNIA, INC.

RECOMMENDATION
1) Appropriate $113,466 from the unappropriated reserves of the Transportation Fund and schedule a corresponding year -end transfer from the Citywide Streets, Signals and Bridges Development Impact Fee Fund 220, in the same amount; 2) approve a construction credit/reimbursement agreement with Lennar Homes of California, Inc., a California corporation ("Lennar") for the construction of the traffic signal located at San Anton io and Eucalyptus Avenues for an amount not to exceed $296,112; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.

FISCAL IMPACT
Requires an appropriation from the unappropriated reserves of the Transportation Fund in the amount of $113,466 with a corresponding year -end transfer from the Citywide Streets, Signals and Bridges Development Impact Fee Fund 220, in the same amount. There is sufficient fund balance in fund 220 for this transaction.

The traffic signal impr ovements became the sole exclusive property of the City to operate and maintain upon the final acceptance of the public improvements on February 15, 2022. There are sufficient funds included in the Transportation Operating Budget to cover costs associated with these improvements.

8.15 CONSENT CALENDAR
Packet Pg. 137
COUNCIL MEETING DATE: MAY 2, 2023
SUBJECT: REIMBURSEMENT AGREEMENT - TRAFFIC SIGNAL (SAN ANTONIO &

EUCALYPTUS AVENUES) LENNAR HOMES OF CALIFORNIA, INC
PAGE 2

BACKGROUND
Lennar Homes of California, Inc. ("Lennar") requested approval from the City to subdivide approximately 18.29 gross acres of property for the construction of 56 single -family residential dwelling units located in the RD 4.5 (Residential, 4.5 units/acre) land use designation of the East Chino Specific Plan, which was conditionally approved by the Planning Commission on March 16, 2015. The subject property is located on the nort h side of Eucalyptus Avenue between San Antonio and Fern Avenues in the City of Chino (Exhibit A). This development project was phased with the existing single -family home located on the southwest corner of the site remaining as the life estate for the Verhoeven family. Phase 1 (Tract Map 18971-1) consists of lots 1-53 and Phase 2 (Tract Map 18971) consists of lots 54-56.

The Conditions of Approval for Tract Map 18971 -1 required Lennar to construct certain public improvements that were formally accepted by the City Council on February 15, 2022. The accepted improvements include, but are not limited to curb and gutter, sidewalk, traffic signal, storm drain, sewer, potable, and recycled water.

The traffic signal constructed with the project, located at San Ant onio and Eucalyptus Avenues, is a master -planned facility that is part of the City's Development Impact Fee (DIF) Nexus Calculation Report and correlating Master Facilities Plan (“the Report”). Public improvements included in the Report are eligible for D IF credit/reimbursement per the City's Municipal Code Chapter 3.40 and, therefore, necessitate a reimbursement agreement.

ISSUES/ANALYSIS
City staff and its consultant reviewed the final accepted/approved "as-built" plans, specifications, and supporting do cumentation for the traffic signal located at San Antonio and Eucalyptus Avenues and determined that $296,112 is eligible for DIF credit/reimbursement. The reconciliation for this project guarantees the financial stability and integrity of the DIF program moving into the future as the documented “actual costs” are included in the current Report.

Additionally, City staff has completed a detailed review of the DIF credits issued to the developer for Tract Map 18971 -1 as shown in the table below. The developer is entitled to a cash reimbursement for the validated costs authorized by the City in the amount of $113,466.

Project No. Project Title Project Costs DIF Credits Reimbursement TR-021 Traffic Signal
San Antonio/Eucalyptus
$296,112 $182,646 $113,466

All required development related fees have been paid and security for a one -year warranty period has been satisfied. Also, the traffic signal became the sole exclusive property of the City to operate and maintain after it was accepted by the City Council on February 15, 2022.

Sufficient funds are included in the City’s Operating Budget to cover costs for maintenance.

Attachment: Exhibit A - Location Map Tract Map No. 18971-1 Exhibit B - Construction Credit/Reimbursement Agreement

8.15 CONSENT CALENDAR
Packet Pg. 138
Exhibit A
Location of Street Light Improvements

San Antonio and Eucalyptus
Traffic Signals Improvements

8.15.a
Reimbursement Agreement Traffic Signal (San Antonio /
Packet Pg. 139
Contract No.

Approval

CONSTRUCTION CREDIT AND REIMBURSEMENT AGREEMENT

CITYWIDE DEVELOPMENT IMPACT FEE PROGRAM

TRAFFIC SIGNAL - EUCALYPTUS & SAN ANTONIO AVENUES
TRACT MAP NO. 18971-1
This CONSTRUCTION CREDIT AND REIMBURSEMENT AGREEMENT (“Agreement”) is entered into this 2nd day of May 2023 (“Effective Date”), by and between CITY OF CHINO, a California municipal corporation (“City”), and LENNAR HOMES OF CALIFORNIA, INC., a California corporation (“Developer”). City and Developer are sometimes hereinafter referred to individually as “Party” and jointly as “Parties”.

RECITALS
A. Developer owns certain real property consisting of approximately 18.29 gross acres located on the north side of Eucalyptus Avenue between San Antonio and Fern Avenue s in the City of Chino, County of San Bernardino, California legally described on Exhibit A (“Property”). Developer requested approval of a 56 lot subdivision to construct 56 single -family residential dwelling units located in the RD 4.5 (Residential, 4.5 units/acre) land use designation of the East Chino Specific Plan, which was conditionally approved by the Planning Commission on March 16, 2015 , as depicted on Exhibit A-1 (“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 DIFs have been established by City to finance public facilities in furtherance of the goals and objectives of City’s general plan, various facility master plans, capital improvement plans, and the nexus reports described in the DIF Ordinance (“Nexus Reports”).

D. Pursuant to the DIF Ordinance and the Conditions of Approval, Developer owes DIFs for the Project.

E. 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 DIFs imposed on the Project for the same type of public facility so constructed, and shall be entitled to reimbursement for eligible costs of constructing the public facility, provided that developer complies with the requirements of the DIF Ordinance as it may be amended from time to time. The DIF Ordinance specifically requires that the d eveloper and City enter into a credit and reimbursement agreement.

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2 G. City and Developer desire to enter into this Agreement for t he following purposes: (i) to provide for the timely construction and completion of the Public Improvement s, (ii) to ensure that construction of the Public Improvements is undertaken in accordance with the Plans and Specifications, and the laws and ordinances pertaining to the construction of public improvements, (iii) to provide the methodology for establishing the reimbursement amounts and/or DIF credits to which Developer may be entitled 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, w ithin one (1) year of the issuance of a building permit for the Project, Developer shall construct or have constructed, at its own cost and expense, the Public Improvements in accordance with the Plans and Specifications and the provisions of this Agreement. Developer shall provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary to fully and adequately complete the Public Improvements.

2.1 Pre-approval of Plans and Specifications . Developer is prohibited from commencing work on any portion of the Public Improvements until all plans and specifications for the Public Improvements have been submitted to and approved in wr iting by City (“Plans and Specifications”). Approval by City shall not relieve Developer from ensuring that all Public Improvements conform to all applicable laws, ordinances and regulation under California and federal law.

2.2 Permits and Notices . Prior to commencing any work, Developer (through its contractors) shall, at its sole cost and expense, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the Public Improvements and performance of Developer’s obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in this Agreement, any applicable law, and any permit or license issued to Developer.

2.3 Public Works Requirements. Developer shall ensure that the bidding, awarding, and construction of the Public Improvements are undertaken as if such Public Improvements were constructed as a public works project under the direction and authority of City, pursuant to all provisions of law applicable to governmental entities. Developer shall also comply with the requirements of City’s Bidding and Contract Requirements for Public Improvements Policy, as adopted by City Council, hereby incorporated by reference and made a part of hereof (as may be amended from time to time). (a) Prior to soliciting or awarding the bid for any portion of the Public Improvements, Developer shall submit the bid packet and a set of construction drawings signed by Developer or another authorized representative designated by Develope r for the work being bid to City Engineer or his or her designee for review and approval, which approval shall be granted or denied within fifteen (15) calendar days after submission of such bid packet. If City Engineer denies approval of such bid packet and construction drawings, City Engineer shall specify the reasons for such disapproval and Developer shall resubmit a revised bid packet for review and approval until such approval is obtained.

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3 (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 contracts for the construction of the Public Improvements shall be awarded to the responsible bidder(s) submitting the lowest responsive bid(s) for the construction of the Public Improvements. Developer shall enter into a construction contract with each contractor selected to perform work on the Public Improvements (after competitive bidding as set forth above), (each, a “Construction Contract”) for the performance of the work set forth in the selected bid, and the terms of each Construction Contract entered into by Developer and each contractor/subcontractor shall be reasonably acceptable to City Engineer. Developer 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 con tractor for the construction of the Public Improvement (“General Contractor”) shall pay prevailing wages (in accordance with Articles 1 and 2 of Chapter 1, Part 7, Division 2 of the Labor Code) and otherwise comply with applicable provisions of the Labor Code, the Government Code, the Civil Code, and the Public Contract Code relating to public works projects of cities and as required by the procedures and standards of City with respect to the construction of its public works projects or as otherwise directed by City Engineer. (d) All contractors shall be required to provide proof of insurance coverage throughout the term of the construction of the Public Improvements which they will construct in conformance with Section 5 of this Agreement.

2.4 Standard of Performance. Developer and its contractors shall perform all work required, constructing the Public Improvements in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skil l and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement.

2.5 Alterations to Public Improvements. All work shall be done and the Public Improvements completed as shown on the Plans and Specifications, and any subsequent alterations thereto mutually agreed upon by City and Developer. If Developer desires to make any alterations to the Plans and Specifications, it shall provide written notice to City of such proposed alterations. City shall have ten (10) business days after receipt of such written notice to administratively approve or disapprove such alterations, which approval shall not be unreasonably withheld, conditioned or delayed. If City fails to provide written notice to Developer of its approval or disapproval of the alterations within such ten (10) business day period, City will be deemed to have disapproved such alterations to the Plans and Specifications. Any and all alterations in the Plans and Specifications and the Public Improvements to be completed may be accomplished without first giving prior notice thereof to Developer’s surety for this Agreement.

2.6 Force Majeure. Developer agrees that the time within which it shall be required to perform any act under this Agreement shall not be extended except as follows: (i) Developer is delayed by City (including, without limitation, restrictions on priority, initiative or 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 d elay, 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

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4 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 commencem ent of any work on the Public Improvements, Developer or its contractor shall provide City with surety bonds in the amounts and under the terms set forth below or, at City’s request, in lieu of surety bonds, a letter of credit or letters of credit issued by a banking institution with a rating to be 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 to the lowest responsive and responsible bidder in accordance with this Agreement. If City determines, in its sole and absolute discretion, that the Estimated Costs have changed, Developer or its contractor shall adjust the Security in the amount requested by City.

Providing the Security shall not release Developer of its indemnification obligation in Section 4.

3.1 Performance Bond. To guarantee the construction of the Public Improvements and faithful performance of all the provisions of this Agreement, to protect City if Developer is in de fault as defined in Section 14, and to secure the Warranty of the Public Imp rovements pursuant to Section 10, Developer or its contractor shall provide City a faithful performance bond in an amount which sum shall be not less than one hundred percent (100%) of the Estimated Costs. City may, in its reasonable discretion, partially release a portion or portions of the security provided under this section as the Public Improvements are accepted by City, provided that Developer is not in default on any provision of this Agreement and the total remaining security is not less than twenty percent (20%) of the Estimated Costs. All security provided under this section shall be released at the end of the Warranty period, provided that Developer is not in default of this Agreement.

3.2 Labor & Material Bond . To secure payment to the contractors, subcontractors, laborers, materialmen, and other persons furnishing labor, materials, or equipment for performance of the Public Improvements and this Agreement, Developer or its contractor shall provide City a labor and materials bond in an amount which sum shall not be less than one hundred percent (100%) of the Estimated Costs. The security provided under this section shall be released by City six (6) months after the date City accepts the Public Improvements, provided there are no outstanding stop payment notices.

3.3 Additional Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Best rating of at least “A” and FSC -VIII, shall be licensed to do business in California. As part of the obligation secured by the Securi ty 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 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 d eath, whether imposed by a court of law 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

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5 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 by the sole 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, 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 l imit of not less than Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage.

5.1.2 Business Automobile Liability. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollar s ($1,000,000) per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any auto owned, leased, hired, or borrowed by the insured or for which the insured is responsible.

5.1.3 Workers’ Compensation. Workers’ compensation insurance with limits as required by the Labor Code of the State of California and employers’ liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence, at al l 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 five (5) years following completion of the Improvements. Such insurance shall be endorsed to include contractual liability.

5.2 Deductibles. Any deductibles or self-insured retentions must be declared 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 of losses and related investigation costs, claims, and administrative and defense expenses.

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,

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6 officers, employees, or agents. The policy required for workers’ compensation insurance shall provide that the insurance company waives all right of recovery by way of subrogation against City in connection with any damage or harm covered by such policy.

5.5 Certificates; Verification. Developer and its contractors shall furnish City wi th 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 the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. All policies shall, to the extent available from commercially reasonable insurance providers, be endorsed to provide that the Required Insurance shall not be 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-VIII.

6. Maintenance of Improvements . City shall not be responsible or liable for the maintenance or care of , and shall exercise no control over, the Public Improvements until such Public Improvements are accepted by City. Developer shall have no obligation to make the Public Improvements available for public use at any time before the Public Improvements are accepted by City. Any use by any person 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 all of the Public Improvements 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 shall be Developer ’s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this section, City may, upon written notice and Developer’s failure to remedy as provided in Section 14, do all work necessary for such maintenance, and the cost thereof shall be the responsibility of Developer and its surety under this Agree ment. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Public Improvements or their condition prior to acceptance, except to the extent such damage or injury is caused by the negligence or willful misconduct of City, its elected officials, employees, and/or agents.

7. City Inspection of Public Improvements. Developer shall, at its sole cost and expense, and at all times during construction of the Public Improvements, maintain reasonable and safe facilities and provide safe access for inspection by City of the Public Improvements and areas where construction of the Public Improvements is occurring or will occur. Developer shall give notice to City when the construction of all or a portion of the Public Improvements is complete. Upon receiving such notic e, City may inspect the Public Improvements and request any modifications or corrections as may be deemed reasonably necessary by City Engineer, in his or her sole discretion, to bring the Public Improvements into conformity with the Plans and Specifications, including any approved revisions thereto. Developer or Developer’s contractors shall make all such modifications and corrections requested by City Engineer.

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 b y 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

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7 all persons, firms, and corporations supplying work, labor, materials, supplies , and equipment to the construction of the Public Improvements have been paid, and that no claims of liens have been recorded by or on behalf of any such person, firm, or corporation. Rather than await the expiration of the said time for the recording of claims of liens, Developer may elect to provide to City a title insurance policy or other security acceptable to City guaranteeing that no such claims of liens will be recorded or become a lien upon any of the Property.

9. Acceptance of Improvements; As -Built or Record Drawings . If the Public Improvements are completed by Developer in accordance with the Plans and Specifications, as determined by City Engineer, City shall be authorized to accept the Public Improvements. 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 tota l 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 thereo f) 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 Impro vements 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 Agree ment, 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 f or 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, replace d, or reco nstructed Public Improvements.

Nothing herein shall relieve Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any Public Improvement following expiration of the Warranty or any extension thereof. Developer’s warranty obligation under this section shall survive the expiration or termination of this Agreement.

11. DIF Credit and Reimbursement.

11.1 Calculation of Eligible Costs . Upon or prior to completion of the Public Improvements by Developer, Developer shall submit to City Engineer such information as City Engineer may require to calculate the actual costs incurred by Developer to construct the Public Improvements (“Actual Costs”).

11.2 Credit/Reimbursement Limits. The credit and, if applicable, reimbursement amount owed to Developer for construction of the Public Improvements (“ Credit/Reimbursement Amount”) shall be equal to the Actual Costs, subject to the following limitations:

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, p ermits, plan check fees, and inspections , but shall not include interest or

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8 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 s pecified 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 DIF s are imposed in various separate categories to fund specific public facilities. Credit a gainst DIFs may only be applied for eligible improvements identified in the specific DIF category.

11.2.4 Reimbursement. If Developer is entitled to a reimbursement, City shall reimburse the balance to Developer in accordance with the provisions of the DIF Ordinance

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. As of the date of this Agreement, the City hereby agrees that the Conditions Precedent have been met with respect to the Public Improvements.

11.3.1 Completion of Construction . Developer shall have completed the construction of the Public Improvements acceptable to City, and thirty (30) days have elapsed since notices of completion have been recorded in relation to the Public Improvements, in accordance with California Civil Code Sections 9204 and/or 8182 (as applicable). The purpose of this provision is to ensure that the Public Improvements will be independently functional and to maintain consistency with vesting rights, and nothing herein shall be deemed to make any part of the Project a public work other than the Public Improvements.

11.3.2 Submission of Documents. Developer shall have made full and complete payment of all undisputed claims for work performed on the Public Improvements, or in the event of a dispute between Developer and the General Contractor or a subcontractor, Developer shall have obtained a commercially reasonable bond reasonably satisfactory to City to release any applicable mechanics’ lien or stop notice, and Developer shall have submitted and City shall have approved a written request for the credit/reimbursement, including copies of all bills and/or invoices evidencing the costs of constructing the Public Improvements actually incurred by Developer and any other documents reasonably required by City.

11.3.3 As-Built Drawings . Pursuant to Section 9, Developer shall have submitted 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.

11.3.5 No Default. Developer shall not be in d efault 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.

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9 12. Assignment. Prior to completion of the Public Improvements, Developer may assign this Agreement to a third party (“ Assignment”), subject to the approval of City’s Director of Development Services (“ Director”) in his/her reasonable discretion. If Developer desires to assign this Agreement, Developer shall provide detailed information as to the proposed assignee (“Assignee”) as requested by City including but not limited, evidence of Assignee’s right to acquire the Property, its background and financial information evidencing the ability of Assignee to complete the Public Improvements. Any assignment of this Agreement shall not release Assignor.

13. Default; Notice; Remedies.

13.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation or code, City may at any ti me thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation ( “Notice of Default ”). Developer shall substantially commence the work required to remedy the default or violation within 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 15 of this Agreement.

13.2 Failure to Remedy; City Action . If the work required to remedy the noticed default or violation is not commenced within the time r equired under Section 14.1 of this Agreement and diligently prosecuted to completion, City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its reasonable discretion it believes is required to remedy 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.

13.3 Other Remedies. No action by City pursuant to this Section 14 shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. City may exercise its rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance.

14. Administrative Costs. If Developer fails to construct and install all or any part of the Public Improvements, or if Developer fails to comply with any other obligation contained herein, 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.

15. Miscellaneous.

15.1 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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10 15.2 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.

15.3 Notices. Any notice, demand, request, consent, approval, or communication either Party desires or is required to give to the other P arty or any person shall be in writing and either served personally, communicated 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 Ave.

Chino, CA 91710
Attn: Director of Development Services
Email: [email protected]

With Copy to: Aleshire & Wynder, LLP
188881 Von Karman Ave., Suite 1700
Irvine, CA 92612
Attn: Fred Galante, Esq.

Email: [email protected]

To Developer: c/o Lennar Communities, Inc.
980 Montecito Dr., Ste. 300
Corona, CA 92879
Attn: Geoff Smith
Email: [email protected]

15.4 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.

15.5 Construction; References; Captions. The Parties agree that the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.

Any term referencing time, days, or period for performance shall be deemed calendar days and not work days, unless specified therein . All references to Developer include all personnel, employees, agents, and contractors of Developer, except as otherwis e specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

15.6 Amendment; Modification. No supplement, modification, or amend-mint of this Agreement shall be binding unless executed in writing and executed by both Parties.

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

15.8 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.

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11 15.9 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

15.10 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.

15.11 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.

15.12 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.

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

15.14 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 terms of this Agreement. No officer or employee of Developer shall be personally liable to City or any successor(s) in interest in the event of any default or breach by Developer or for any amount that may become due to City or their successors in interest or for breach o f any obligation of the terms of this Agreement.

15.15 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.

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

Exhibit A Legal Description
Exhibit A-1 Site Depiction
Exhibit B Conditions of Approval
Exhibit C Public Improvements

[SIGNATURES ON FOLLOWING PAGE]

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12 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.

DEVELOPER: CITY:
___________________________
___________________________

By: ________________________
Its: _____________________

By: ________________________
Its: _____________________
CITY OF CHINO, a municipal corporation

By: _______________________
Linda Reich
City Manager

DATED: __________ , 2023

ATTEST:

__________________________
Natalie Gonzaga, City Clerk

APPROVED AS TO CONTENT:

_________________________
Nicholas Liguori
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.

DEVELOPER SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE

ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE APPLICABLE FORMATION DOCUMENTS FOR THE ENTITY.

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01225

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01225

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EXHIBIT A

LEGAL DESCRIPTION

That certain real property in the City of Chino, County of San Bernardino, State of California legally described as follows:

LOTS 1 THROUGH 53, INCLUSIVE, LETTERED LOTS "A" THROUGH "C", INCLUSIVE AND REMAINDER PARCEL OF TRACT NO. 18971 -1, IN THE CITY OF CHINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 344 OF TRACT MAPS AT PAGES 25 THROUGH 29, INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY RECORDED AS DOCUMENT NO. 2016-0070729

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EXHIBIT A-1

Site Depiction

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EXHIBIT B

CONDITIONS OF APPROVAL

[Attached]

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EXHIBIT C

PUBLIC IMPROVEMENTS

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Revenue: Fund 350 Various Programs Expenditure: Fund 350 Various Programs

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

COUNCIL MEETING DATE: MAY 2, 2023

TO: LINDA REICH, CITY MANAGER

FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR

SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2023-2024 ONE - YEAR ACTION PLAN.

RECOMMENDATION
1) Conduct a Public Hearing 2) approve the 2023 -2024 One -Year Action Plan for the Community Development Block Grant (CDBG) Program; 3) carryover an estimated amount of $781,447.00 from prior year funds for the completion of the Public Works Alley Improvements Project, Economic Development Facade Improvements Project and Community Services Monte Vista Park Improvements Project; 4) authorize the City Manager to execute all required United States Department of Housing and Urban Development (HUD) documents and submit the 2023- 2024 CDBG One -Year Action Plan to HUD; and 5) authorize staff to complete all federal environmental reviews per 24 Code of Federal Regulations (CFR), Part 58.

FISCAL IMPACT
The city received an allocation of $537,317 for the CDBG Program Year 2023-2024.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES <https://ca- chino.civicplus.com/415/Strategic-Plan>:

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
· Public Service Excellence through Internal and External Partnerships

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COUNCIL MEETING DATE: MAY 2, 2023
SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2023-2024 ONE-YEAR

ACTION PLAN
PAGE 2

BACKGROUND
On January 23, 2023, the Community Servi ces Commission (Commission) received presentations from CDBG Public Service applicants, followed by a comprehensive review of all applicant projects by the CDBG Review Sub-Committee (Committee). The Committee prioritized and ranked the programs/projects an d made preliminary funding recommendations. Each program was evaluated based on eligibility and compatibility with the city’s CDBG Needs Assessment.

On February 27, 2023, the Committee presented the preliminary funding recommendations to the Commission. Th e Commission evaluated the recommendations and took action to present the attached recommendations to the City Council (Exhibit 1). Capital Improvement Project applications were reviewed by City staff using the same criteria.

ISSUES/ANALYSIS
The primary ob jective of the CDBG program is “the development of viable urban communities by providing adequate housing, a suitable living environment, and expanding economic opportunities, principally for persons of low and moderate income.” The One -Year Action Plan details the proposed uses of the Fiscal Year 2023-2024 CDBG allocation of $537,317.

Evaluation criteria includes the following:
· Meets HUD’s national objectives and eligibility requirements · Consistency with the Needs Assessment
· Minimizes any duplication of service.

Exhibit 1 outlines the Commission’s recommended Public Service programs/projects and the proposed funding amounts. The minimum funding amount per program for this category is $10,000. The Public Service category consists of $80,597 based on th e 15% limit established by HUD. In addition, Exhibit 1 displays staff’s recommendation of $349,256 in projects to be funded in the Capital Improvement Projects category.

Each year, HUD reviews the City’s accomplishments in a Consolidated Annual Performance and Evaluation Report (CAPER). Subject areas in the CAPER include a narrative regarding financial resources, number of households and persons assisted, and an assessment of annual performance. The CAPER assesses programs for low - and moderate -income famil ies, economic development initiatives, social services programs, and various public improvement projects.

This public hearing fulfills HUD’s Citizen Participation requirements for the adoption of the One - Year Action Plan. A 30 -day public review period bega n on Monday, March 6, 2023, and concluded on Thursday, April 6, 2023, giving interested community members the opportunity to provide input. No comments were received. Following final adoption, the One -Year Action Plan will be submitted to HUD for approval. The Community Services Commission respectfully submits its funding recommendations to the City Council. These recommendations have been thoroughly evaluated according to HUD requirements and the amount of funding available.

Attachments:

Exhibit 1: CDBG FY 2023-2024 Funding Recommendations
Exhibit 2: Program Year 2023-2024 One-Year Action Plan

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CITY OF CHINO

FY 2023-2024

ANNUAL ACTION PLAN
Community Development Block Grant (CDBG) Program
4th Year of the Five-Year Consolidated Plan FY 2020-2025

Development Services Department
Draft March 6, 2023

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Table of Contents
Executive Summary ....................................................................................................................................... 2 AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) ........................................................................ 2 PR-05 Lead & Responsible Agencies – 91.200(b) ...................................................................................... 8 AP-10 Consultation – 91.100, 91.200(b), 91.215(l) ................................................................................... 9 AP-12 Participation – 91.105, 91.200(c) ................................................................................................. 16 Expected Resources .................................................................................................................................... 19 AP-15 Expected Resources – 91.220(c)(1,2) ........................................................................................... 19 Annual Goals and Objectives ...................................................................................................................... 22 Projects ................................................................................................................................................... 25 AP-35 Projects – 91.220(d) ..................................................................................................................... 25 AP-38 Project Summary .......................................................................................................................... 26 AP-50 Geographic Distribution – 91.220(f) ............................................................................................. 33 Affordable Housing ..................................................................................................................................... 34 AP-55 Affordable Housing – 91.220(g) ................................................................................................... 34 AP-60 Public Housing – 91.220(h) ........................................................................................................... 35 AP-65 Homeless and Other Special Needs Activities – 91.220(i) ............................................................ 37 AP-75 Barriers to affordable housing – 91.220(j) ................................................................................... 42 AP-85 Other Actions – 91.220(k) ............................................................................................................ 43 Program Specific Requirements .................................................................................................................. 46

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Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)

1. Introduction
Each year, the City of Chino participates (as an entitlement jurisdiction) in the Community Development Block Grant Program (CDBG). This program is administered by the US Department of Housing and Urban Development (HUD) and provides funding for a variety of different community development, housing, and public service activities. Regulations governing the CDBG program require that each activity undertaken with CDBG funds meet one of the following three broad national objectives: 1) Benefit people with low- and moderate-incomes; 2) Aid in the prevention or elimination of slums and blight; 3) Meet an urgent need (such as earthquake, flood, or hurricane relief).According to HUD's Consolidated Plan Final Rule, the overall goal of community planning and development programs is to dev elop viable urban communities by providing decent housing (DH), a suitable living environment (SL), and expanding economic opportunities (EO) principally for low - and moderate-income persons. In addition to meeting one of the General Objective Categories a bove, HUD requires that project activities funded with entitlement funds also meet one of the following General Outcome Categories: Availability/Accessibility (1), Affordability (2), or Sustainability (3). Each activity funded will thus have a combination of the Objective and Outcome Category listed in the description (i.e. DH -2 would be Decent Housing that is Affordable), which allows for measuring accomplishments for each of the Consolidated Plan's five years.

2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan.

During development of the FY 2020 -2025 Consolidated Plan, which forms the basis for establishing objectives and outcomes in the Strategic Plan and five subsequent Annual Action Plans required by HUD, the following Priority Needs, Program Activities, and related Objectives/Outcomes were established:

SL- (1) Availability/Accessibility for the Purpose of Creating a Suitable Living Environment: Public Services- Senior Services, Battered and Abused Spouses, Fair Housing Activities, Tenant/Land lord Counseling, Child Care, Abused and Neglected Children, Mental Health, Homeless Services, and Other Services
SL-(3) Sustainability for the Purpose of Creating a Suitable Living Environment: Code Enforcement, Public Services- Graffiti Removal, Infrastr ucture- Sidewalk Installation/Improvements, Infrastructure - Street Lighting, Public Facility Improvements, and the Business Property Enhancement Program

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DH-(3) Sustainability for the Purpose of Creating Decent Housing: Owner Housing - Home Improvement Grant Program
EO-(1) Availability/Accessibility for the Purpose of Creating Economic Opportunity Businesses and Business Property Enhancement

3. Evaluation of past performance
This is an evaluation of past performance that helped lead the grantee to choose its goals or projects.

During the last Consolidated Plan Cycle and annual Action Plan, the City was able to use CDBG funds to accomplish the following:
• Provide Home Improvement Grants to rehabilitate owner-occupied housing units • Address the needs of homeless families with children, homeless individuals, and chronically homeless persons
• Address the decline of deteriorated and deteriorating areas through Code Enforcement activities in low- and moderate-income neighborhoods
• Support infrastructure improvement funding
• Support public service funding for a variety of special needs groups including single parents, elderly, victims of domestic violence, and those at-risk of homelessness All of these projects and experiences have helped guide the city in choosing the goals and projects for the current Consolidated Plan Cycle. As such, the City will be continuing the priorities and projects from the last plan, as there is still an unmet need due to the limited amount of grant funds received each year.

4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan.

Citizen participation is one of the most important components of the Consolidated Plan process. The City of Chino initiated the following process for the FY 2023-2024 Annual Action Plan:
• On November 19, 2022, the city published a Notice of Funding Availability (NoFA) for the FY 2023- 2024 CDBG program in the Chino Champion. This notice was also posted on the City's website and emailed to local and regional public-service providers; including providers that received CDBG funding during the current fiscal year.
• Notice of Funding Availability was also posted on the city’s social media pages. • The City accepted applications until the deadline of J anuary 5, 2023; a total of eleven (11) applications (7 Public Service, 1 Administration, 1 Capital Improvement Project, 1 Housing, and 1 Code Compliance) were received.

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• The Community Services Commission conducted their first public hearing on January 23, 2 023, which was public noticed on January 14, 2023. The purpose of public hearing was to review comments on the needs, priorities, CDBG funding, past performance, and allow the CDBG applicants to present information on their applications for funding. • The Community Services Commission held a second public hearing on February 27, 2023, which was published in the Chino Champion on February 1 1, 2023. At this public hearing, the Commission approved funding for public service projects. • A notice was published in the Chino Champion on March 4, 2023, announcing the availability of the draft Annual Action Plan for a 30-day public review and comment period beginning March 6, 2023, and ending April 6, 2023.
• On May 2, 2023, the City Council held a Public Hearing to rev iew the Annual Action Plan, which the City Council approved the Action Plan to be forwarded to HUD by the statutory deadline. A notice of this meeting and public hearing was published in the Chino Champion on, April 15, 2023.

5. Summary of public comments
This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan.

During the Community Services Commission Meeting on January 23, 2023, the following comments were received:

1. Chino Neighborhood House provided information on their Food Assistance Program

2. Family Service Association provided information on their Senior Nutrition Program

3. House of Ruth provided information on their services for Domestic Violence/Battered Spouses and Children Program

4. Human Services Department provided information on their Family Counseling Program

5. Inland Valley Hope Partners provided information on their Food and Shelter Program

6. Public Works Department provided information on their Graffiti Removal Program

7. Inland Fair Housing & Mediation –provided information on their Landlord Tenant Services During the Community Services Commission Meeting on February 27, 2023, the follo wing comments were received: No comments received.

During the City Council Meeting on May 2, 2023, the following comments were received:

During the 30-day public Review, the following comments were received:

6. Summary of comments or views not accepted and the reasons for not accepting them To date, there were no comments received, but not accepted.

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7. Summary
During FY 2023-2024, the City of Chino will receive an allocation of $537,317 from HUD to undertake the following activities to meet the prioriti es and corresponding goals of the Consolidated Plan (all of which were determined to be a High Priority needs level):

Improve existing housing through code enforcement- The City will ensure that its housing stock provides decent, safe and sanitary housing by allocating $60,000 to the Code Enforcement program, which will provide inspection of 435 households.

Rehabilitate the existing housing stock - The City will provide funding to improve the housing stock through housing rehabilitation. Specifically , $70,000 will be allocated to Neighborhood Partnership Housing Services to administer the City's Healthy Homes Grant Program. Approximately 10 housing units will be repaired.

Provide financial support to the public service projects -The City will provide funding to address food insecurity, childcare, and other needs of low -and moderate-income persons and families in the amount of $80,597. Non-Profit agencies will be funded as follows:

1. Human Services- Family Counseling Program will be allocated $11,381 to assist 300 people.

2. Family Services Association -Senior Nutrition Program will be allocated $13,228 to assist 465 people.

3. Chino Neighborhood House - Food Assistance Program will be allocated $13,228 to assist 750 people.

4. House of Ruth- Domestic Violence Program will be allocated $11,380 to assist 55 people.

5. Inland Valley HOPE Partners - Food and Shelter Assistance Program will be allocated $10,000 to assist 100 people.

6. Public Works- Graffiti Abatement Program will be allocated $10,000 to remove approximately 13,000 incidents of graffiti.

7. Inland Fair Housing and Mediation Board Landlord/Tenant Program will be allocated $11,380 to assist 100 people.

Improve Infrastructure and Facilities- The City's Public Works Department will be provided $219,256 for the Alley Improvements Project to benefit approximately 24,000 people.

Code Enforcement Department- The City's Code Enforcement Department will be provided $60,000 to implement a code compliance program to benefit 435 inspections/cases.

Achieve fair housing for all- The City will continue to fund a fair housing provider, Inland Fair Housing and Mediation Board in the amount of $20,000 to investigate housing discrimination complaints, which will benefit approximately 20 people.

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Effective grant adminis tration- Funds in the amount of $87,464 will be used to administer the CDBG program including but not limited to sub -recipient monitoring, preparation of the Consolidated Plan, Analysis of Impediments, Annual Action Plan and CAPER, quarterly reporting, and various other administrative activities. Per HUD guidelines, no more than 15 percent of the City's total grant allocation may be expended on public services and no more than 20 percent may be expended on administrative activities.

Figure 1 shows the City’s CDBG target areas.

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Figure 1 LMA Map

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PR-05 Lead & Responsible Agencies – 91.200(b)

1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.

Agency Role Name Department/Agency
CDBG Administrator CHINO Development Services Department Table 1 – Responsible Agencies

Narrative (optional)
The City's CDBG programs are administered by the Development Services Department, as shown above in Table 1.

Consolidated Plan Public Contact Information
Pat Cacioppo, Management Assistant
Development Services Department
City of Chino
13220 Central Avenue
Chino, CA 91710
(909) 334-3355
[email protected]

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AP-10 Consultation – 91.100, 91.200(b), 91.215(l)

1. Introduction
The City of Chino consulted with key City departments in the development of the FY 2023-2024 One-Year Action Plan including: Building; Planning; Code Enforcement; Community Service s; and Public Works.

Information was also collected from other public and quasi-public agencies, during the Consolidated Plan Process which included the Housing Authority and several local Public Service Agencies. Copies of the draft One-Year Action Plan were available during the 30-day public review of the One-Year Action Plan.

Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
In preparing the FY 2023-2024 One-Year Action Plan, the City incorporated the information contained in the Consolidated Plan needs assessment. This included a wide range of service providers who were contacted to compile in formation on community needs. Agencies representing persons with HIV/AIDS, homeless persons, low -income youth, persons with disabilities, elderly persons, and persons with alcohol/substance abuse problems were contacted. Specifically, the City of Chino's c onsultation efforts included contacting the following agencies:
• City of Chino Development Services Department
• Inland Fair Housing and Mediation Board
• Chino Neighborhood House
• House of Ruth
• City of Chino Human Services Department
• Family Services Association
• Neighborhood Partnership Housing Services
• Inland Valley HOPE Partners
• Public Works Graffiti Abatement
• Code Enforcement Department
The city will continue to consult with the aforementioned agencies to address the public service needs of the comm unity. Staff will participate on local and regional boards on issues related to the Homeless. Tables 2 and 3 further detail the City's consultation efforts.

Describe coordination with the Continuum of Care and efforts to address the needs of homeless pers ons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.

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The City of Chino does not administer an Emergency Solutions Grant (ESG), though staff does coordinate with the County's Continuum of Care regarding homelessness in the city.

Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City of Chino does not administer an Emergency Solutions Grant (ESG), though staff does coordinate with the County's Continuum of Care regarding homelessness in the city.

2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities

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Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization City and County of San Bernardino Continuum of Care Agency/Group/Organization Type Housing
PHA
Services - Housing
Services-homeless
What section of the Plan was addressed by Consultation? Housing Need Assessment Public Housing Needs
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
The 2022 Homeless Count was used as a basis to estimate the City's unsheltered homeless. Baseline data is an improved way to monitor if homelessness is reduced over time. This agency is coordinated with throughout the year to address homeless issues, needs, and data. 2 Agency/Group/Organization City of Chino Human Services Department Agency/Group/Organization Type Services-Children
Services-Elderly Persons
Services-Persons with Disabilities
Services-Persons with HIV/AIDS
Services-Victims of Domestic Violence
Services-homeless
Services - Victims
Other government - Local
Grantee Department

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What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
This department was consulted to provide public services information pertaining to family counseling needs.
3 Agency/Group/Organization City of Chino
Agency/Group/Organization Type Other government - Local Grantee Department
What section of the Plan was addressed by Consultation? Housing Need Assessment Economic Development
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
This department was consulted to provide housing, code enforcement, graffiti, infrastructure, and economic development needs information. 4 Agency/Group/Organization HOUSE OF RUTH
Agency/Group/Organization Type Services-Elderly Persons Services-Victims of Domestic Violence
Services - Victims
Neighborhood Organization
What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
This agency was consulted to provide public services information pertaining to victims of domestic violence.

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5 Agency/Group/Organization CHINO NEIGHBORHOOD HOUSE
Agency/Group/Organization Type Services-Victims of Domestic Violence Services-homeless
Services - Victims
Neighborhood Organization
What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Non-Homeless Special Needs
Anti-poverty Strategy
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
This agency was consulted to provide public services information pertaining to homeless and other special needs groups.
6 Agency/Group/Organization Inland Valley Hope Partners Agency/Group/Organization Type Services-homeless
Neighborhood Organization
What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
HOPWA Strategy
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
This agency was consulted to provide public services information pertaining to homeless and other special needs groups.

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7 Agency/Group/Organization FAMILY SERVICES ASSOCIATION Agency/Group/Organization Type Services-Elderly Persons Neighborhood Organization
What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
This department was consulted to provide public services information pertaining to seniors.
8 Agency/Group/Organization Inland Fair Housing and Mediation Board Agency/Group/Organization Type Service-Fair Housing
Neighborhood Organization
What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs
Anti-poverty Strategy
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
This agency was consulted to provide information pertaining to fair housing and discrimination issues.
9 Agency/Group/Organization Neighborhood Partnership Housing Services Agency/Group/Organization Type Housing
Services - Housing
Neighborhood Organization
What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
This agency was consulted to provide information pertaining to housing and home repair needs.

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Identify any Agency Types not consulted and provide rationale for not consulting During the preparation of this FY 2023 -2024 Annual Action Plan, the City consulted with all agencies that could provide valuable input to the development of the Plan. The City further coordinated with each agency that applied for CDBG funds in an effort to determine need and develop annual goals and objectives relative to both of these City planning documents. Time and financial resources limit the ability to consult with all possible agencies serving residents, though a focused effort is made each year to expand on these efforts.

Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care County of San Bernardino This agency was consulted for statistics pertaining to homelessness within the County and City.

Table 3 – Other local / regional / federal planning efforts

Narrative (optional)
Community Services staff (Case Managers/Supervisors) attend meetings at the Office of Homeless Services. The city has partnered with a few organizations to address the city’s homeless issues. The Police Department has formed a team (Quality of Life Team) which Community Services staff and PD approach the homeless on the street and counsel them and provide them with resources for assistance. Community Services staff also partners with the Chino Unified School District (HOPE Program) to provide services needed to homeless students. Community Services staff also attend meetings with San Bernardino County Homeless Partnership Provider Network. City staff has formed a Homeless Subcommittee with faith-based groups to address the homeless issues in the city and provide assistance.

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AP-12 Participation – 91.105, 91.200(c)

1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting

Citizen Participation Outreach
Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
1 Newspaper Ad
Non-
targeted/broad
community
On November 19, 2022,
the city published a
Notice of Funding
Availability (NoFA) for
the FY 2023-2024 CDBG
program in the Chino
Champion. This notice
was also posted on the
City's website and
emailed to local and
regional public-service
providers; including
providers that received
CDBG funding during
the current fiscal year.

N/A None
There were no
comments or
applications not
accepted.

2 Internet Outreach
Non-
targeted/broad
community
Notice of Funding
Availability was also
posted on the city's
social media pages.

N/A None
There were no
comments not
accepted.

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Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
3 Public Hearing
Non-
targeted/broad
community
The Community Services
Commission conducted
their first public hearing
on January 23, 2023,
which was public
noticed on January 14,
2023. The purpose of
public hearing was to
review comments on
the needs, priorities,
CDBG funding, past
performance, and allow
the CDBG applicants to
present information on
their applications for
funding.

N/A None
There were no
comments not
accepted.

4 Public Meeting
Non-
targeted/broad
community
The Community Services
Commission held a
second public hearing
on February 27, 2023,
which was published in
the Chino Champion on
February 11, 2023. At
this public hearing, the
Commission approved
funding for public
service projects.

N/A None
There were no
comments not
accepted.

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Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
5 Newspaper Ad
Non-
targeted/broad
community
A notice was published
in the Chino Champion
on March 4, 2023,
announcing the
availability of the draft
Annual Action Plan for a
30-day public review
and comment period
beginning March 6,
2023, and ending April
6, 2023.

N/A None
There were no
comments not
accepted.

6 30-day Public
Review
Non-
targeted/broad
community
The City made the Draft
Annual Action Plan
available for a 30-day
public review and
comment period
beginning March 6,
2023 and ending April 6,
2023.

N/A None
There were no
comments not
accepted.

Table 4 – Citizen Participation Outreach

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Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
During FY 2023 -2024, the City of Chino will receive an allocation of $537,317 from HUD to undertake activities to meet the priorities and corresponding goals of the Consolidated Plan (all of which were determined to be a High Priority needs level).

Table 5 illustrates the City’s expected resources, while Tables 6 and 7 provide further detail as related to the City's goals associated with the Anticipated Resources
Program Source of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG public -
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public Services 537,317 0 0 537,317 537,317
The estimated amount of CDBG
funds over the 5-year Consolidated
Plan period is $2,400,000.

Table 5 - Expected Resources – Priority Table

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Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied
CDBG funds support the Home Improvement Healthy Homes Grant Program. To supplement this Federal funding, the City has obtained CalHOME funds from the State in the past, and also utilizes local Affordable Housing Funds for Home Improvement Grants and Loan. The City continues to seek this funding and other potential funding sources as leverage. The CDBG Program does not require a match. Although the HOME Program requires a match, the City does not receive funding from the federal entitlement HOME program.

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If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The City owns one property that house low -income families. This single -family home has been made available to address the CDBG housing and non-housing community development needs.

Discussion
Refer to the above narratives.

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Annual Goals and Objectives

AP-20 Annual Goals and Objectives
Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Improve existing
housing through
code enforcement
2020 2024 Affordable
Housing
Deteriorated
and
deteriorating
areas
Area benefit
neighborhoods
Improve the
existing housing
stock
Improve
deteriorated and
deteriorating areas
CDBG:
$60,000
Housing Code
Enforcement/Foreclosed
Property Care: 435 Household
Housing Unit
2 Rehabilitate the
existing housing
stock
2020 2024 Affordable
Housing
City-wide Improve the
existing housing
stock
CDBG:
$70,000
Homeowner Housing
Rehabilitated: 10 Household
Housing Unit
3 Improve the well-
being of low-income
persons
2020 2024 Homeless
Non-Homeless
Special Needs
City-wide Public Service
Programs
Address Homeless
needs
CDBG:
$80,597
Public service activities other
than Low/Moderate Income
Housing Benefit: 1000 Persons
Assisted
4 Improve/upgrade
public infrastructure
& facilities
2020 2024 Non-Housing
Community
Development
Area benefit
neighborhoods
Improve/upgrade
public facilities &
infrastructure
CDBG:
$219,256
Public Facility or Infrastructure
Activities other than
Low/Moderate Income Housing
Benefit: 24,000 Persons Assisted

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Sort
Order
Goal Name Start
Year
End
Year
Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 5 Encourage
economic
development
2020 2024 Non-Housing
Community
Development
City-wide Improve economic
condition

6 Achieve fair housing
for all
2020 2024 Non-Homeless
Special Needs
City-wide Eliminate housing
discrimination
CDBG:
$20,000
Other: 20 Other
7 Effective grant
administration
2020 2024 Planning City-wide Effective grant
administration
CDBG:
$87,464
Other: 14,593 Other
Table 6 – Goals Summary

Goal Descriptions

1 Goal Name Improve existing housing through code enforcement Goal
Description
The City will provide funding to ensure that its housing stock is decent, safe and sanitary, with the objective/outcome of providing for decent housing/sustainability.
2 Goal Name Rehabilitate the existing housing stock
Goal
Description
The City will provide funding to improve the housing stock through housing rehabilitation, with the objective/outcome of providing for decent housing/affordability.
3 Goal Name Improve the well-being of low-income persons Goal
Description
The City will provide financial support to public service agencies addressing food insecurity, childcare and other needs of low-income persons and families, with the objective/outcome of providing for a suitable living environment/availability and accessibility.

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4 Goal Name Improve/upgrade public infrastructure & facilities Goal
Description
The City will provide funds to improve the alley in low- and moderate-income neighborhood, with the objective/outcome of providing for a suitable living environment/sustainability. 5 Goal Name Encourage economic development
Goal
Description
The City will fund activities that contribute to the success of local businesses, with the objective/outcome of providing for economic opportunity/availability.
6 Goal Name Achieve fair housing for all
Goal
Description
The City will continue to fund a fair housing provider that will investigate housing discrimination complaints and tenant/landlord issues, with the objective/outcome of providing for decent housing/availability and accessibility. 7 Goal Name Effective grant administration
Goal
Description
The City will provide funds for Grant Administration including all regulatory compliance, sub-recipient monitoring, Annual Action Plans, annual CAPERs, Five-year Consolidated Plans, Analysis of Impediments to Fair Housing etc., with the objective/outcome of providing for a suitable living environment/availability and accessibility.

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Projects
AP-35 Projects – 91.220(d)
Introduction
The City’s planned actions include grant administr ation; providing fair housing services; ensuring the quality of the housing stock through code enforcement and housing rehabilitation; improving exterior facades for low -income businesses and improving alley conditions in low - and moderate -income residential neighborhoods; providing public services to seniors including: the frail elderly, the disabled and other non-homeless populations. Twelve projects will be funded in FY 2023-2024 as listed in Table 8 and

9. Projects
# Project Name
1 CDBG Administration
2 Fair Housing Services
3 Landlord Tenant Mediation Services
4 Human Services - Family Counseling Program
5 Family Services Association Senior Nutrition Program
6 Inland Valley HOPE Partners
7 House of Ruth
8 Public Works Graffiti Abatement
9 Chino Neighborhood House
10 Code Compliance
11 NPHS Home Improvement Grants
12 Public Improvements Program- Alley Improvement Project Table 7 - Project Information

Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
For FY 2023-2024, CDBG funds have been allocated to projects that contribute to achieving the priority needs and goals established by the 5-Year Strategic Plan. The projects are consistent with the citizen input received during the development of the Consolidated Plan. One of the greatest challenges in meeting the underserved needs of low- and moderate-income persons is having limited financial resources. The City will continue to use CDBG funding to support public service agencies that address the special needs of the underserved, including the elderly and frail elderly and persons belonging to protected classes that have been the victims of housing discrimination. The City also proactively seeks additional resources to better meet the underserved needs.

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AP-38 Project Summary
Project Summary Information
1 Project Name CDBG Administration
Target Area City-wide
Goals Supported Effective grant administration
Needs Addressed Effective grant administration
Funding CDBG: $87,464
Description Funds will be used to provide CDBG Program Administration.

Target Date 6/30/2024
Estimate the number and
type of families that will
benefit from the
proposed activities
All residents will benefit from the administration of the CDBG program, approximately 14,593 of which are considered low- and moderate-income.

Location Description This activity is administered by the Development Services Department located at 13220 Central Avenue, Chino, CA 91710.

Planned Activities Funds are used for general management, monitoring, and oversight of the CDBG Program, including the preparation of the 5-Year Consolidated Plan, Analysis of Impediments to Fair Housing, Annual Action Plan and CAPER.
2 Project Name Fair Housing Services
Target Area City-wide
Goals Supported Achieve fair housing for all
Needs Addressed Eliminate housing discrimination
Funding CDBG: $20,000
Description The Inland Fair Housing and Mediation Board offers comprehensive fair housing services and investigates/processes housing discrimination complaints.

Target Date 6/30/2024
Estimate the number and
type of families that will
benefit from the
proposed activities
Approximately 20 low- and moderate-income people will benefit.

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Annual Action Plan
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Location Description Services are available citywide, and the program is administered by Inland Fair Housing and Mediation Board located at 1500 S Haven Ave #100, Ontario, CA 91761.

Planned Activities The Inland Fair Housing and Mediation Board offers comprehensive fair housing services and investigates/processes housing discrimination complaints.
3 Project Name Landlord Tenant Mediation Services
Target Area City-wide
Goals Supported Improve the well-being of low-income persons Achieve fair housing for all
Needs Addressed Public Service Programs
Eliminate housing discrimination
Funding CDBG: $11,380
Description The City will contract with the Inland Fair Housing and Mediation Board to provide landlord-tenant mediation services.

Target Date 6/30/2024
Estimate the number and
type of families that will
benefit from the
proposed activities
Approximately 100 low- and moderate-income people will benefit.

Location Description Services are available citywide, and the program is administered by Inland Fair Housing and Mediation Board located at 1500 S Haven Ave #100, Ontario, CA 91761.

Planned Activities The City will contract with the Inland Fair Housing and Mediation Board to provide landlord tenant mediation services.
4 Project Name Human Services - Family Counseling Program Target Area City-wide
Goals Supported Improve the well-being of low-income persons Needs Addressed Public Service Programs
Funding CDBG: $11,381
Description City operated public service program to assist families with resolving family problems and disputes with specific emphasis on those that have been victims or are potential victims of family violence.

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Target Date 6/30/2024
Estimate the number and
type of families that will
benefit from the
proposed activities
Approximately 300 low- and moderate-income people will benefit from this activity.

Location Description Services are available city-wide, and the program is administered by the Human Services Department located at 13201 Central Avenue, Chino, CA 91710.

Planned Activities City operated public service program to assist families with resolving family problems and disputes with specific emphasis on those that have been victims or are potential victims of family violence.
5 Project Name Family Services Association Senior Nutrition Program Target Area City-wide
Goals Supported Improve the well-being of low-income persons Needs Addressed Public Service Programs
Funding CDBG: $13,228
Description This program provides a home-delivered meal to seniors.

Target Date 6/30/2024
Estimate the number and
type of families that will
benefit from the
proposed activities
Approximately 465 seniors will benefit.

Location Description Services are available citywide, and the program is administered by Family Services Association located at 21250 Box Springs Rd., Ste. 212 Moreno Valley, CA 92557. Services provided at the Chino Senior Center and meals provided to homebound seniors.

Planned Activities The City will contract with the Family Services Association to administer this program, which provides a home-delivered meal to seniors.
6 Project Name Inland Valley HOPE Partners
Target Area City-wide
Goals Supported Improve the well-being of low-income persons Needs Addressed Public Service Programs

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Annual Action Plan
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Funding CDBG: $10,000
Description Non-profit public service program families who are homeless or on the verge of homelessness with food, shelter and clothing assistance.

Target Date 6/30/2024
Estimate the number and
type of families that will
benefit from the
proposed activities
Approximately 400 low- and moderate-income people will benefit from this activity.

Location Description Services are available citywide, and this program is administered by Inland Valley HOPE Partners located at 5581 Daniels St. Unit F, Chino, CA 91710.

Planned Activities The City will contract with the Inland Valley HOPE Partners to provide food, shelter and clothing assistance.
7 Project Name House of Ruth
Target Area City-wide
Goals Supported Improve the well-being of low-income persons Needs Addressed Public Service Programs
Funding CDBG: $11,380
Description This program assists persons who are victims of domestic violence by providing short-term shelter and transitional housing, counseling, outreach, education, and prevention services to battered and abused spouses and their children.

Target Date 6/30/2024
Estimate the number and
type of families that will
benefit from the
proposed activities
Approximately 55 low- and moderate-income people will benefit from this activity.

Location Description Services are available citywide, and the program is administered by the House of Ruth located at 599 N. Main Street, Pomona, CA 91768.

Planned Activities This program assists persons who are victims of domestic violence by providing short-term shelter and transitional housing, counseling, outreach, education, and prevention services to battered and abused spouses and their children.

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Annual Action Plan
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8 Project Name Public Works Graffiti Abatement
Target Area Deteriorated and deteriorating areas
Area benefit neighborhoods
Goals Supported Improve the well-being of low-income persons Improve/upgrade public infrastructure & facilities
Needs Addressed Improve deteriorated and deteriorating areas Improve/upgrade public facilities & infrastructure
Funding CDBG: $10,000
Description This program removes incidents of graffiti in order to avoid slum/blight.

Target Date 6/30/2024
Estimate the number and
type of families that will
benefit from the
proposed activities
Approximately 13,000 incidents of graffiti will be removed benefitting the residents of the low- and moderate-income areas.

Location Description This activity is undertaken in the low- and moderate-income areas and is administered by the Public Works Department located at 13220 Central Avenue, Chino, CA 91710.

Planned Activities This program removes incidents of graffiti in order to avoid slum/blight.
9 Project Name Chino Neighborhood House
Target Area City-wide
Goals Supported Improve the well-being of low-income persons Needs Addressed Public Service Programs
Funding CDBG: $13,228
Description Non-profit public service program to assist families who are homeless or on the verge of homelessness with food and clothing assistance.

Target Date 6/30/2024
Estimate the number and
type of families that will
benefit from the
proposed activities
Approximately 750 low- and moderate-income people will benefit.

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Annual Action Plan
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Location Description Services are available citywide, and this program is administered by Chino Neighborhood House located at 13130 6th Street Chino, CA 91710.

Planned Activities The City will contract with Chino Neighborhood House to provide food and clothing assistance.
10 Project Name Code Compliance
Target Area Deteriorated and deteriorating areas
Area benefit neighborhoods
Goals Supported Improve existing housing through code enforcement Needs Addressed Improve deteriorated and deteriorating areas Funding CDBG: $60,000
Description CDBG funding is used by City staff to implement the code enforcement program to eliminate slum/blight conditions.

Target Date 6/30/2024
Estimate the number and
type of families that will
benefit from the
proposed activities
Staff will provide inspection of 435 households.

Location Description This project is available in the low and moderate-income areas and is administered by the City's Development Services Department located at 13220 Central Avenue Chino, CA 91710.

Planned Activities CDBG funding is used by City staff to implement the code enforcement program to eliminate slum/blight conditions. 11 Project Name NPHS Home Improvement Grants
Target Area City-wide
Goals Supported Rehabilitate the existing housing stock Needs Addressed Improve the existing housing stock
Funding CDBG: $70,000
Description This program funds home rehabilitation of qualified senior citizen households or homeowners with mobility disabilities.

Target Date 6/30/2024

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Estimate the number and
type of families that will
benefit from the
proposed activities
This program will fund home rehabilitation of approximately 10 qualified senior citizen households or homeowners with mobility disabilities.

Location Description This program is available citywide and is administered by Neighborhood Partnership Housing Services located at 9551 Pittsburgh Ave, Rancho Cucamonga, CA 91730.

Planned Activities The City will provide grants to low- and moderate-income homeowners to facilitate housing rehabilitation.
12 Project Name Public Improvements Program- Alley Improvement Project Target Area Deteriorated and deteriorating areas
Area benefit neighborhoods
Goals Supported Improve/upgrade public infrastructure & facilities Needs Addressed Improve/upgrade public facilities & infrastructure Funding CDBG: $219,256
Description The City's Community Services Department will be provided funds to improve alley infrastructure in a low- and moderate-income neighborhood.

Target Date 6/30/2024
Estimate the number and
type of families that will
benefit from the
proposed activities
Approximately 24,000 people living in the low- and moderate - income areas will benefit.

Location Description This activity is undertaken in the low- and moderate-income areas and is administered by the Public Works Department located at 13220 Central Avenue, Chino, CA 91710
Planned Activities The City's Community Services Department will be provided funds to improve alley infrastructure in a low- and moderate-income neighborhood.

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AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low -income and minority concentration) where assistance will be directed CDBG investment will be focused on income eligible households and area benefit neighborhoods. A total of 19,415 people reside within the CDBG low- and moderate-income areas.

According to 2015 American Community Survey (ACS) estimates, the City’s low - and moderate-income areas include the following Census Tracts and Block Groups: 401.3 403.2, 404.2, 503.1, 503.3, 603.2, 604.2, 605.1, 605.2, 1703.3, 1704.1, 1704.2 and 113.2. This area is bounded by the Chino Valley Freeway on the west, Phillips Boulevard on the north, Euclid Avenue on the east, and Chino Avenue on the South.

Table 10 shows that in FY 2023-2024 approximately 69 percent of the City's grant allocation will be spent in the low-and moderate-income areas/deteriorating areas and 31 percent will be spent Citywide.

Geographic Distribution
Target Area Percentage of Funds
City-wide 31
Deteriorated and deteriorating areas 69
Area benefit neighborhoods 69
Table 8 - Geographic Distribution

Rationale for the priorities for allocating investments geographically Area benefit neighborhoods have the greatest needs relative to the problems of sidewalk and streetlight improvements, the number and extent of code violations, and the need for housing improvement assistance to low- and moderate-income homeowners.

Discussion
Refer to narratives above.

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Annual Action Plan
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Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
The Section 8 Housing Voucher rental assistance program provides assistance to approximately 220 extremely low and very low -income families. In addition, 50 public housing units are located in Chino.

Approximately 10 low - and moderate -income owner households will receive Home Improvement Grants. Tables 11 and 12 show these affordable housing goals.

One Year Goals for the Number of Households to be Supported Homeless 0
Non-Homeless 280
Special-Needs 0
Total 280
Table 9 - One Year Goals for Affordable Housing by Support Requirement

One Year Goals for the Number of Households Supported Through Rental Assistance 270
The Production of New Units 0
Rehab of Existing Units 10
Acquisition of Existing Units 0
Total 280
Table 10 - One Year Goals for Affordable Housing by Support Type

Discussion
Refer to the table and narrative above.

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AP-60 Public Housing – 91.220(h)
Introduction
The City of Chino does not have a Housing Authority. The Housing Authority of the County of San Bernardino owns the 50 public housing units located in the City.

Actions planned during the next year to address the needs to public housing The Housing Authority of the County of San Bernardino has prepared a five -year Strategic Plan and an Annual Plan. The Plans guide the actions of the Housing Authority in addressing the needs of extremely low and very- low-income families and include goals to increase the supply of affordable housing, promote self-sufficiency and asset development, ensure equal opportunity and affirmatively further fair housing, and in achieving consistency with each jurisdiction’s Consolidated Plan. The City will continue to monitor the Housing Authority’s Plans and provide input as it pertains t o Chino residents in an effort to increase the supply of affordable housing.

Actions to encourage public housing residents to become more involved in management and participate in homeownership
The Housing Authority of the County of San Bernardino's Community Development Initiatives Department connects residents and participants to services and activities that encourage self-sufficiency and supports a mission of enhancing the quality of life. The Career and Technology Centers (Public Computer Centers) offer free access to high -speed internet and staff to help individuals search for employment, build resumes, and access other resources.

The Community Development Initiatives Department strives to provide a supportive environment for individuals to access loca l services and resources and help them achieve self -sufficiency. Housing Authority staff helps interested participants find an appropriate mortgage lender and works with the participant through the process of buying a home. In order to qualify to participate in the Homeownership Assistance Program, a person must:
• Reside in San Bernardino County for at least 1 year before applying to the program. • Participate at least 1-year in the Housing Choice Voucher Program or Public Housing Program. • Be in good standing with the Housing Authority.
• Have no previous homeownership history within the past 3 years. • Must be currently employed full time for at least 2 years earning more than $14,500 a year (2000 hours at Federal minimum wage). This requirement does not apply to disabled or elderly (62 years or older) participants.
• Be credit worthy to secure their own mortgage financing through a lender, including no outstanding collection accounts, judgments or liens and at least 2 years since the discharge of a

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bankruptcy.
• Have a gross household income of at least 2 times the HACSB payment standard for the unit size (this requirement does not apply to disabled or elderly participants). • Can contribute a total down payment of 3% of the purchase price. The program requires at least 1% of the down payment must come from the participant. The other 2% can be gifts, contributions and grants.

Once the family/individual has met the above homeownership eligibility criteria the home purchasers must complete a minimum of 8 hours of home buyer’s education from a HUD -approved counseling program.

If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
The Housing Authority of the County of San Bernardino is not a troubled PHA.

Discussion
Refer to the above narratives.

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AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
In order to effectively address homelessness in a comprehensive manner, HUD asks cities to form Continuums of Care. A Continuum of Care refers to an overall plan to coordinate the efforts of all involved parties to meet the needs of homeless persons and persons at risk of homelessness. The components of a continuum include:
• Homeless prevention
• Emergency shelter
• Transitional shelter
• Permanent supportive housing
• Supportive services
The overall objective is to move homeless persons and families outside the service delivery system into emergency housing, then to transitional housing, and finally to self -sufficiency or permanent supportive housing.

One of the methods used by the City of Chino to address homelessness is to support the County of San Bernardino’s comprehensive strategy to address homelessness. This strategy is comprised of activities to address the following three priorities:
• Emergency and transitional housing
• Persons at risk of becoming homeless
• Persons in transition from homelessness to permanent housing Describe the jurisdictions one -year goals and actions for reducing and ending homelessness including
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
Outreach assistance is a component of the City’s strategy to prevent homelessness by individuals and families who are at risk of homelessness. The City has 8 case managers who will provide referral services, follow-up, and ongoing support for clients at no charge. Outreach is promoted at various community and promotional events. City staff also assist children in the Chino Valley Unified School District who have been identified as homeless, as determined by McKinney -Vento, by assisting them with minimizing educational disruptions. City staff distributes care packages to the identified students and also provide referrals to mental or physical health agencies and follow up on the progress of the students.

The City recognizes the importance of awareness and outreach to reduce the risk of homelessness in our

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community. To aid in this effort, a Quality-of-Life Team and two Homeless Outreach Coordinators have recently been implemented as a new component of the City’s strategy to assist individuals/families who are most at risk. The Quality-of-Life Team and Outreach Coordinators is a collaborative effort between the City of Chino Police Department, non -profit and faith -based organizations, case management staff, and medical/mental health facilities. As Chino Police Officers or Outreach Coordinators encounter homeless individuals, this team intervenes quickly by arranging for emergency shelter, providing medical or mental health resources, counseling, and other intervention needed to enable a holistic approach to meet the needs of this special population. The City also collaborates with faith-based groups, nonprofits, business, and community members to effectively address and reduce the homeless population. The team will provide homeless prevention activities to individuals and families at -risk of homelessness. The Outreach Coordinators will provide consistent and intensive case management services to individu als living on the streets. Assisting these most vulnerable and service resistant individuals will result in direct savings to city facilities and staff, law enforcement, paramedics/fire, business and improve the overall quality of life for the City of Chino.

Goals and actions over the next year include: the enhancement of the Homeless Outreach Team’s community involvement, and increased promotion and education to staff about the sensitivity and growing concerns revolving around the homeless population, org anized Outreach Clinics fostering relationships with community partners that provide comprehensive resources related to physical/mental health, transitional and affordable housing, employment, education, social services and case management.

In addition to the new efforts of our Homeless Outreach Team as described above, City staff will continue to assist Chino Valley Unified School District students as identified as homeless by McKinney -Vento, by working to minimize educational disruptions and providing car e packages, family emergency hotel vouchers, rental deposit assistance and utility payment assistance and in obtaining transitional and affordable housing through City programs and partnerships with County and local housing agencies, referrals to mental or physical health agencies, job resources, and case management. High school students are also provided assistance in completing job applications, obtaining work permits, writing resumes, and interviewing techniques to aid in securing employment. These efforts aim to educate our youth and low- income families to aid in homelessness prevention.

Addressing the emergency shelter and transitional housing needs of homeless persons Twenty-three (23) is Chino’s most recent count of unsheltered homeless persons acc ording to the San Bernardino County 2020 Homeless Count and Subpopulation Survey: Final Report, January 2022. Per the Report, six (6) steps that the San Bernardino County Continuum of Care should take to help end homelessness, which are aligned with the Co unty of San Bernardino 10 -Year Strategy to End Homelessness and are also aligned with several evidence -based and best practices that have helped achieve unprecedented decreases in the total number of homeless persons, particularly among families,

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chronic -homeless persons, and veterans, across the country since 2005 include:

1. Encourage each city to adopt their unsheltered homeless count numbers as baseline numbers

2. Completely align with a Housing First model and low barrier approach for chronically homeless individuals and families

3. Completely align with a rapid rehousing and low barrier approach for non chronically homeless individuals and families.

4. Align the current homeless services delivery system with a goal of ending homelessness among unaccompanied women by 2020.

5. Increase the Number of Permanent Supportive Housing Units.

6. Increase Rapid Rehousing Assistance
The City will continue to coordinate with County efforts to end homelessness.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, fac ilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The City recently adopted zoning provisions to facilitate the development of transitional and supportive housing. The City supports the efforts of the San Bernardino County Interagency Council on Homelessness to help individuals make the transition to permanent housing and independent living. Additionally, the City supports new s trategies such as the Housing First Model and Rapid Re -housing to house homeless persons.

Community Services staff (Case Managers/Supervisors) attend meetings at the Office of Homeless Services. The City has partnered with a few organizations to address the city’s homeless issues. The Police Department has formed a (Quality of Life Team) which Community Services Homeless Outreach Coordinators and PD approach the homeless on the street and counsel them and provide them with resources for assistance. Community Services staff also partners with the Chino Unified School District (HOPE Program) to provide services needed to homeless students. Community Services staff also attend meetings with San Bernardino County Homeless Partnership Provider Network. City staff has formed a Homeless Subcommittee with faith-based groups to address the homeless issues in the city and provide assistance.

All the above information is available on the city website and counter staff at City Hall has handouts for anyone that comes into City Hall to inquire.

Helping low-income individuals and families avoid becoming homeless, especially extremely

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low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as hea lth care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.

Rental assistance is a component of the City’s strategy to prevent homelessness by individuals and families who are at risk of homelessness. The City administers a Rental Security Deposit, Rental Payment and Utility Payment Assistance Pro gram to assist residents in jeopardy of losing their housing or loss of utility service. Among this group are extremely low -income renters who are spending more than 50% of their income on housing costs. Also, among the people who are threatened with homelessness are the persons and families on the Section 8 waiting list. During the Program year, the City continued to support the HACSB Housing Choice Voucher (Section 8) rental assistance program. In addition, the City encouraged the HACSB’s landlord outreach efforts in Chino.

In addition, the City’s fair housing provider assisted homeowners in jeopardy of losing their housing. They mediated landlord/tenant complaints and worked with the tenant in formulating a plan, such as a rent repayment plan, and medi ated with the landlord in accepting the terms so that the tenant was not evicted.

The City of Chino does not receive funding from Federal sources that require the implementation of supportive housing programs for persons returning from mental and physical health institutions.

California law requires hospitals/regional hospital associations to have protocols for homeless patients.

The Hospital Association of Southern California, National Health Foundation, and Illumination Foundation's Recuperative Care Prog ram must provide post -hospital healthcare services to homeless patients moving from acute care. Services include housing location assistance, residential medical and social support.

The San Bernardino County 10 -Year Strategy to End Homelessness recommends the formalizing of discharge planning protocols and improved coordination among the different agencies with discharge responsibilities.

Discussion
The City’s priority is to assist families with children who are at -risk of becoming homeless. The specific annual objective is to assist 1,200 people/families through the Chino Neighborhood House Food Assistance Program and Inland Valley HOPE Partners. Add itionally, approximately 55 people will be assisted by the House of Ruth, particularly victims of domestic violence, many of which are homeless.

There are no obstacles to providing these funds and reaching the objectives as the City has provided funding to the Chino Neighborhood House, Inland Valley HOPE Partners and House of Ruth in recent

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program years. In the coming year, the City will continue to provide funds to these programs. Other one- year goals pertaining to homelessness are included in the narrative above, though only activities receiving funding are assigned quantifiable goals.

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AP-75 Barriers to affordable housing – 91.220(j)
Introduction:

The City evaluated barriers and constraints to the development of affordable housing as a critical component of the 2014 -2021 Housing Element. The California Department of Housing and Community Certified Chino’s Housing Element.

Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordab le housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
To facilitate residential development, the City will pro vide development pre-application review and will offer a one-stop processing system that simplifies and expedites development processing. The City also will offer priority processing of affordable and special needs housing applications.

The City will consi der fee deferrals for affordable and special needs housing on a case -by-case basis, if requested by the project owner/developer; work to identify a new funding source to finance fee waivers for affordable and special needs housing; and pursue funding for infrastructure improvements needed to support affordable and special needs housing.

Discussion:

Refer to the above narratives.

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Annual Action Plan
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43 OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-85 Other Actions – 91.220(k)
Introduction:

The following describes other program-specific requirements.

During FY 2023-2024 the City will take actions in the following areas:
• Address obstacles to meeting underserved needs
• Foster and maintain affordable housing
• Reduce lead-based paint hazards
• Reduce the number of poverty-level families
• Develop institutional structure
• Enhance coordination between public and private housing and social service agencies Actions planned to address obstacles to meeting underserved needs Actions to address obstacles to meeting underserved needs will include:
• The City will obtain data from the Housing Authority of San Bernardino County (HASBC) on the number of Section 8 households assisted by race, ethnicity, age, and disability status. The City will compare who is being served to the demographic characteristics of the community. In this way, the City will be able to estimate more precisely underserved populations. • The City will encourage and support the efforts of the HASBC to seek additional Section 8 Housing Choice Vouchers.
• The City will encourage and support the efforts of non-profit housing development corporations to seek funding from federal, state, and local sources for special needs housing.

Actions planned to foster and maintain affordable housing Actions planned to foster and maintain affordable housing will include:
• CDBG funds in the amount of $70,000 will be expended on the rehabilitation of 10 homes/housing units.
• CDBG funds in the amount of $ 60,000 will be expended on the Code Enforcement Program to maintain health and safety in the low- and moderate-income neighborhoods (435 cases/housing units).
• The Housing Authority of the County of San Bernardino will provide rental assistance to approximately 270 extremely low- and very low-income families. • The City Council has adopted an updated Housing Element of the General Plan. The Housing Element includes a program to preserve the affordability of existing affordable housing

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developments.

Actions planned to reduce lead-based paint hazards
To reduce lead in existing housing, and in order to prevent possible exposure to lead in City rehabilitation projects, Chino will adhere to HUD guidelines for lead -safe work practices in all rehabilitation and minor home repair projects funded with CDBG and/or non -federal funds. Whenever the City is involved in rehabilitation work, the City will provide notification, conduct a lead inspection for units constructed prior to 1978, will hire qualified contractors to do lead hazard reduction, and will issue a final report on the work. The City also adheres to the State lead-based paint (LBP) regulations.

Additionally, the City educates the public on the hazards of lead -based paint as part of the Home Improvement Grant process.

Actions planned to reduce the number of poverty-level families In order to contribute to a reduction of poverty income level families, the City will carry out the following anti-poverty actions in coordination with its affordable housing plan:
• The City will continue to support the Section 8 Housing Choice Voucher Program and public housing units located within the community.
• The City will coordinate with the Housing Authority of the County of San Bernardino to increase the number of households who obtain rental assistance.
• The City will work with the Housing Authority of San Bernardino County to encourage families receiving Section 8 rental assistance and living in public housing units to participate and graduate from the Family Self-Sufficiency Program (FSS).
• The City will periodically request information from the Housing Authority on FSS participation and graduation levels.
• The City will provide funding for childcare services. Access to childcare is a policy that contributes to helping the working poor to make ends meet and avoid poverty.

Actions planned to develop institutional structure
The Development Services Department will continue to maintain and strengthen the existing structure for the delivery of programs and services funded by CDBG. The Department will coordinate with the departments responsible for administering a CDBG -funded activity: Development Services, Community Services, and Public Works as well as the public service agencies.

The City will develop the institutional structure for the delivery of housing assistance by working with the County of San Bernardino Housing Authority. The Housing Authority will assist local residents through the Section 8 Housing Choice Voucher Program and also by providing 50 public housing units located in

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45 OMB Control No: 2506-0117 (exp. 09/30/2021)
Chino. The City will enhance the delivery of housing assistance to Chino residents by working with the local Ontario Housing Authority Office to obtain information on:
• Geographic distribution/concentration of Section 8 assisted housing units • Number of families enrolled in the Family Self-Sufficiency Program (FSS) • Number of graduates from the FSS program
• Plans for maintenance and modernization of public housing units • Admission preferences for local residents
The City requested this information from the Housing Authority. The Housing Authority responded by indicating that voucher holder data at the census tract level was unavailable. Also, the Housing Authority has no voucher holders on the FSS program within the City of Chino. Modernization and physical improvements have been made to the public housing units located in Chino.

Actions planned to enhance coordination between public and private housing and social service agencies
During the development o f the Annual Action Plan, the City consulted and coordinated with numerous agencies, which included: Community Senior Services, House of Ruth, Inland Fair Housing & Mediation Board, Legal Aid Society of San Bernardino, and Family Service Association.

Discussion:

Refer to the narratives above.

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Annual Action Plan
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46 OMB Control No: 2506-0117 (exp. 09/30/2021)
Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:

The following narratives describe how the City of Chino addresses Program Specific Requirements. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70 percent of CDBG funds is used to benefit persons of low - and moderate-income. Specifically, one year covers this Annual Action Plan: FY 2023-2024.

Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.

1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0

2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0

3. The amount of surplus funds from urban renewal settlements 0

4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0

5. The amount of income from float-funded activities 0
Total Program Income: 0

Other CDBG Requirements

1. The amount of urgent need activities 0

2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 0.00%

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City of Chino
CDBG 2023-2024 Funding Recommendations
2023-2024 AWARD - $537,317
Activities/Department Project # Program Fund Amount Planned Accomplishments
Administrative and Planning
Community Development CDBG Administration $87,464 N/A
Inland Fair Housing & Mediation G8028 Fair Housing Services $20,000 20 persons Subtotal $107,464
Public Services
Human Services G8004 Family Counseling Program $11,381 300 persons Family Services Association G8031 Senior Nutrition Program $13,228 465 persons Inland Valley Hope Partners G8036 Food and Shelter Assistance $10,000 400 persons House of Ruth G8009 Services for battered women
and their children $11,380 55 persons
PW Graffiti Abatement G8001 Graffiti Abatement $10,000 13,000 incidents Chino Neighborhood House G8011 Food Assistance Program $13,228 750 persons Inland Fair Housing & Mediation G8029 Landlord Tenant Counseling $11,380 100 persons Subtotal $80,597
Capital Improvement Projects
Development Services G8019 Code Compliance Program $60,000 435 cases Neighborhood Partnership
Housing Services G8127 Home Improvement Grants $70,000 10 households PW – Alley Improvement Project SN240 Alley Improvements $219,256 24,000 persons Subtotal CIP Funds: $349,256

Less than 20% ADMINISTRATION $107,464
15% PUBLIC SERVICES $ 80,597
CAPITAL IMPROVEMENT PROJECTS $349,256
2023-2024 PROGRAM YEAR AWARD $537,317

THE FOLLOWING PROJECTS WILL HAVE CONTINUED APPROPRIATIONS FROM PRIOR YEAR FUNDING 2022-2023 FINAL CARRYOVER AMOUNT WILL NOT BE FINAL UNTIL THE END OF THE PROGRAM YEAR JUNE 30, 2023 Community Services Monte Vista Park Project-PK183 $TBD Continuing appropriations Public Works – Alley Improvements Project-G6220 $TBD Continuing appropriations Economic Development – Façade Improvements – G6231 $TBD Continuing appropriations (Unexpended funds from 2022-23 in IDIS will be allocated in PY 2024-2025)

Exhibit 1

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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: MAY 2, 2023

TO: LINDA REICH, CITY MANAGER

FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR

SUBJECT: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENT - TRACT MAP NO. 20008 (LENNAR HOMES OF CALIFORNIA, INC.).

RECOMMENDATION
1) Accept public improvements as complete for TM 20008; 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 are sufficient funds included in the City’s Operating Budget to support the maintenance activities related to the improvements.

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

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COUNCIL MEETING DATE: MAY 2, 2023
SUBJECT: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENT - TRACT MAP NO. 20008 (LENNAR HOMES OF CALIFORNIA, INC.)
PAGE 2

BACKGROUND
On November 13, 2017, the City of Chino Planning Commission conditionally approved Tentative Tract Map No. 20008 located north of Bickmore Avenue, east of Meadowhouse Avenue and west of Rincon Meadows Avenue (Exhibit A). Trac t Map No. 20008, as presented by Lennar Homes of California, Inc., consists of 106 detached residential dwelling units and 94 attached residential dwelling units on approximately 20.6 acres.

The Conditions of Approval for this project required the developer to design and construct public improvements including, but not limited to pavement, curb and gutter, sidewalk, ADA ramps, streetlights, signing and striping, domestic and recycled water, sewer, and storm drain. The requirements made at the time of tentative map approval have been met by the execution of the Subdivision Improvement Agreement and the necessary securities to guarantee the construction of public improvements, which was approved by the City Council on February 5, 2019. Furthermore, Tract Map No. 20008 was approved by the City Council on March 19, 2019.

ISSUES/ANALYSIS
The public improvements are complete and have been constructed to the satisfaction of the City Engineer. The public improvements that are being accepted by the City include pavement, curb and gutter, sidewalk, ADA ramps, streetlights, signing and striping, domestic and recycled water, sewer, and storm drain. All pedestrian improvements being accepted have been satisfactorily constructed to meet 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 Chino Municipal Code, Chapter 3.45.

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 reimbur sement 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.

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 obligations will commence:

With approval by City Council, the following maintenance obligations will commence:

Public Street Sweeping: By the City
Public Water By the City
Public Sewer By the City
Public Sidewalks: PMMC
Public Street lights: PMMC
Landscaping: By the homeowner’s
association and

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COUNCIL MEETING DATE: MAY 2, 2023
SUBJECT: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENT - TRACT MAP NO. 20008 (LENNAR HOMES OF CALIFORNIA, INC.)
PAGE 3

PMMC

Attachments: Exhibit A - Location Map
Exhibit B - Fully Executed Subdivision Improvement Agreement

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PUBLIC IN TRACT

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SUBDIVISION IMPROVEMENT AGREEMENT
between

CITY OF CHINO
and
LENNAR HOMES OF CALIFORNIA, INC.
a California Corporation)
01225. 0006/ 369377. 1 Updated 11- 2017

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SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN

THE CITY OF CHINO
AND
LENNAR HOMES OF CALIFORNIA, INC.
a California Corporation)
Agreement Date: February 5th, 2019
Subdivider Name: Lennar Homes of California, Inc., a California Corporation hereinafter" Subdivider)
Subdivision Description: Tract Map No. 20008 — 106 single family detached residential dwelling units and 94 attached residential dwelling units on approximately 20.6 acres located north of Bickmore Avenue, east of Meadowhouse Avenue and west of Rincon Meadows Avenue hereinafter" Subdivision")
Tentative Map No.: 20008 - Approval Date: November 13, 2017 hereinafter" Approved Tentative Map")
Estimated Total Cost of Improvements: $ 1, 886, 300. 00 Estimated Total Cost of Monumentation: $ 37, 400. 00 ( based upon the plans, including individual lots, subdivision boundary and public improvements).

Security:

Bond No.: 1074006
Surety: The Hanover Insurance Company
01225. 0006/ 369377. 1

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Designees for the Service of Written Notice:

CITY: SUBDIVIDER:

Christopher L. Magdosku Lennar Homes of California, Inc., a California City Engineer Corporation
13220 Central Avenue Shelly Jordan, Project Manager
Chino, CA 91710 shelly. iordanIennar. com
909) 334- 3417 951) 817- 3526

CITY PROJECT INSPECTOR SURETY
Ronnie Hernandez The Hanover Insurance Company
Permit & Inspection Supervisor 800) 922- 8427
13220 Central Avenue
Chino, CA 91710
909) 334- 3433
01225. 0006/ 369377. 1

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TABLE OF CONTENTS

1. Construction Obligations 1

1. 1 Works of Improvement

1. 2 Other Obligations Referenced in Conditions of Tentative Map Approval

1. 3 Intent of Plans

1.4 Survey Monuments

1. 5 Performance of Work

1. 6 Changes in the Work

1. 7 Defective Work

1. 8 No Warranty by City

1. 9 Authority of the City Engineer

1. 10 Documents Available at the Site

1. 11 Inspection

1. 12 Compliance with Law; Applicable Standards for Improvements

1. 13 Suspension of Work

1. 14 Erosion and Dust Control and Environmental Mitigation

1. 15 Final Acceptance of Works of Improvement

1. 16 Vesting of Ownership

1. 17 Subdivider' s Obligation to Warn Public During Construction

1. 18 Injury to Public Improvements, Public Property or Public Utility

2. Time for Performance 5

2. 1 Commencement and Completion Dates

2. 2 Phasing Requirements

2. 3 Force Majeure

2. 4 Continuous Work

2. 5 Reversion to Acreage

3. Labor 6

3. 1 Labor Standards

3. 2 Nondiscrimination

3. 3 Licensed Contractors

3. 4 Workers' Compensation

4. Security 7

4. 1 Required Security

4. 2 Form of Security Instruments

4. 3 Subdivider' s Liability

4. 4 Letters of Credit

4. 5 Release of Security Instruments

5. Cost of Construction and Provision of Inspection Service 10 01225. 0006/ 369377. 1

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5. 1 Subdivider 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 10

7. Warranty of Work 11

8. Default 11

8. 1 Default by Subdivider

8. 2 Remedies

8. 3 Notice of Violation

8. 4 Remedies Not Exclusive

8. 5 Attorney's Fees and Costs

8. 6 Waiver

9. Indemnity/ Hold Harmless 12

10. Subdivider' s Indemnity of Project Approval 13

11. Insurance Requirements 14

12. Environmental Warranty 16

13. General Provisions 17

13. 1 Successors and Assigns

13. 2 No Third- Party Beneficiaries

13. 3 No Vesting Rights

13. 4 Subdivider is Not Agent of City

13. 5 Time of the Essence

13. 6 Notices

13. 7 No Apportionment

13. 8 Severability

13. 9 Captions

13. 10 Incorporation of Recitals

13. 11 Interpretation

13. 12 Entire Agreement; Waivers and Amendments

13. 13 Counterparts

14. Authority 18
01225 0006/ 369377. 1
7 4. 1
RequiredSecurity4. 2
Formof Security
Instruments4. 3 Subdivider'
s Liability4. 4 Letters of
Credit4. 5 Releaseof
SecurityInstruments5. Costof
Constructionand Provision of InspectionService
10 01225. 0006/369377. 1

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SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT ( this " Agreement") is entered into this
5th
day of February, 2019, 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 LENNAR HOMES OF CALIFORNIA, INC., a California Corporation ( Subdivider").

RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision map identified as Tentative Tract Map No. 20008, ( the " Map"), located in the City of Chino, County of San Bernardino, State of California ( the " Property"), as described on Exhibit " A". The Map requires Subdivider to comply with certain conditions of approval for the development of the Property ( the " Conditions") as described on Exhibit " B".

B. Pursuant to the Conditions, Subdivider, by the Map, has offered for dedication to City for public use of the streets and easements shown on the Map. City desires to accept the streets and easements shown on the Map for public use, and certain other improvements described in this Agreement.

C. Subdivider has delivered to City, and City has approved, plans and specifications and related documents for certain " Works of Improvement" ( as hereinafter defined) which are required to be constructed and installed in order to accommodate the development of the Property.

D. Subdivider' s agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving Tract Map No. 19951 for the Property and permitting development of the Property to proceed.

COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City' s approving the Map for the Property and permitting development of the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein.

1. Construction Obligations.

1. 1. Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install, or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer, street lighting, landscaping, utility, and other improvements more fully described in Exhibit " B" attached hereto ( 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 01225. 0006/ 369377. 1
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specifications, together with all related documents, the " Plans"). The estimated construction cost for the Works of Improvement is $ 1, 886, 300. 00.

1. 2. Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Subdivider shall satisfy all of the Conditions on the Map for the Property. The Conditions associated with the Map are included in Exhibit " B" attached hereto.

1. 3. Intent of Plans. The intent of the Plans referenced in Section 1. 1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer, ( or designee), and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for Subdivider' s contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final.

Subdivider recognizes that the 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 Subdivider or its contractor to any plan, specification, or working or shop drawing after it has been stamped as approved.

1. 4. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments as shown on Tract Map No. 19951 in accordance with the provisionsof the State SubdivisionMap Act and the SubdivisionOrdinance of the City of Chino. Subdivider shall provide security for such obligation as provided in Section 4. 1(a)( iii) and, after setting the monuments, Subdivider shall furnish the City Engineer written notice of the setting of said monuments and written proof of having paid the engineer or surveyor for the setting of said monuments.

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

1. 6. Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may 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 Subdivider or its contractor in writing by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. The City and Subdivider may mutually 01225. 0006/ 369377. 1
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agree upon changes to the Works of Improvement, subject to the security requirements in Section 4.

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

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

1. 9. Authority of the City Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and its contractor.

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

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

Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the Subdivider' s contractor, at any time before acceptance of the Works of Improvement, shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the Subdivider' s contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City Engineer ( or designee) shall not be considered as direct control of the individual workmen on the job 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 Subdivider or its contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted.

1. 12. Compliance with Law; Applicable Standards for Improvements. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. In addition, without limiting the foregoing, the Subdivider shall, at its expense, obtain and comply with the conditions of all necessary permits and licenses for the construction of the Works of Improvement. The Subdivider shall also give all necessary notices and pay all fees and taxes as required by law. 01225. 0006/ 369377. 1
3 n has beenmade
to requirechangesin the work. No fieldchanges performedor proposed by Subdivideror its contractorshall be bindingon Cityunlessapprovedin writingby the City Engineer. The City and Subdividermay
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Subdivider shall construct the improvements in accordance with the City standards in effect at the time of the adoption of the Approved Tentative Map. City reserves the right to protect the public safety or welfare or comply with applicable Federal or State law or City zoning ordinances.

1. 13. Suspension of Work. The City Engineer shall have authority to order suspension of the work for failure of the Subdivider' s contractor to comply with law pursuant to Section

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

1. 14. Erosion and Dust Control and Environmental Mitigation. All grading, landscaping, and construction activities shall be performed in a manner to control erosion and prevent flooding problems. The City Engineer shall have the authority to require erosion plans to prescribe reasonable controls on the method, manner, and time of grading, landscaping, and construction activities to prevent nuisances to surrounding properties. Plans shall include without limitation temporary drainage and erosion control 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. 15. Final Acceptance of Works of Improvement. After Subdivider' s contractor has completed all of the Works of Improvement, Subdivider shall then request a final inspection of the work. If items are found by the City' s inspectors to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the Subdivider or its contractor of such items. After the Subdivider' s contractor has completed these items, the procedure shall then be the same as specified above for the Subdivider' s contractor' s initial request for final inspection. If items are found by City' s inspectors to be incomplete or not in compliance after two ( 2) " final" inspections, the City may require the Subdivider or its contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. Subdivider shall be responsible for payment to City Engineer of re-inspection fees in the amount necessary to cover the City's costs for additional final inspections, as determined by the City Engineer.

No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by the City Engineer is made. The City Engineer 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.
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proposed
by Subdivideror its
contractor shallbe binding on Cityunless approvedin writingby the City Engineer. The Cityand Subdividermay mutually01225. 0006/369377.1 2

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

1. 17. Subdivider' s Obligation to Warn Public During Construction. Until recordation of the Notice of Acceptance, Subdivider 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, Subdivider shall provide forty- eight ( 48) hours' advance written notice to all neighboring property owners and tenants affected by Subdivider' s operations or construction of the hours, dates and duration of any planned construction activities.

1. 18. Injury to Public Improvements, Public Property or Public Utility. Until recordation of the Notice of Acceptance of the Works of Improvement, Subdivider assumes responsibility for the care and maintenance of, and any damage to, the Works of Improvements. Subdivider 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 Subdivider, prior to the recordation of the Notice of Acceptance. Subdivider 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, Subdivider 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 Subdivider has established good cause for an extension. As a condition of such extension, the City Engineer may require Subdivider to furnish new security guaranteeing performance of this Agreement, as extended, in an increased amount to compensate for any increase in construction costs as determined by the City Engineer. If Subdivider requests and is granted an extension of time for completion of the improvements, City may apply the standards in effect at the time of the extension.

2. 2. Phasing Requirements. Notwithstanding the provisions of Section 2. 1, the City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies the City may have for Subdivider' s failure to satisfy such phasing requirements, as 01225. 0006/ 369377. 1
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the same now exist or may be amended from time to time, Subdivider 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, Subdivider 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 Subdivider 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, Subdivider' s time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, 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 Subdivider or its contractor detailing the grounds for Subdivider' s claim to a right to extend its time for performance hereunder. The City Engineer shall evaluate all claims to Force Majeure and 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), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted.

2. 5. Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Section 66499. 11 through Section 66499. 20. 1. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two ( 2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuant to Government Code Section 66499. 16, Subdivider hereby consents to such reversion to acreage and agrees that any improvements made by or on behalf of Subdivider shall not be considered in determining City' s authority to revert the Property to acreage.

3. Labor.

3. 1. Labor Standards. This Agreement is subject to, and Subdivider agrees to comply with, all of the applicable provisions of the Labor Code including, but not limited to, the wage and hour, prevailing wage, worker compensation, and various other labor requirements in 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 01225. 0006/ 369377. 1
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herein in their entirety. Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of the Works of Improvement.

3. 2. Nondiscrimination. In accordance with the California Fair Employment and Housing Act (" FEHA"), California Government Code Section 12940 et seq., Subdivider agrees that Subdivider, its agents, employees, contractors, and subcontractor performing any of the Works of Improvement shall not discriminate, in any way, against any person on the basis of race, ethnicity, religious creed, color, national 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. Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of this Agreement.

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

3. 4. Worker' s Compensation. Subdivider shall cause every contractor and subcontractor performing any of the Works of Improvement to carry Workers' Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site.

4. Security.

4. 1. Required Security.
a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit ( assignment of deposit account) or other security 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 Subdivider' s faithful performance of all of the Works of Improvement (" Faithful Performance Security Instrument"), in the amount of $ 1, 886, 300. 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 01225. 0006/ 369377. 1
7 bdivideragrees to comply with,
all of the applicableprovisionsof the LaborCode including, but not limitedto, the wage and hour, prevailingwage, workercompensation, and variousother laborrequirementsin Division 2, Part
7, Chapter
1, includingsection 1720 to 1740, 1770to 1780, 1810to 1815, 1860to 1861, whichprovisionsare specifically incorporatedhereinby referenceas set forth01225.0006/ 369377.1 6 s 01225. 0006/ 369377. 1 5

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943, 100. 00 equal to 50% of the estimated construction cost referenced in Section 1. 1.
iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1A in the amount of 37, 400. 00 equal to 100% of the cost thereof.

This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. b) Required Security Instrument for Maintenance and Warranty. Prior to the City Council' s acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall deliver a Security Instrument warranting the work accepted for a period of one ( 1) year following said acceptance Maintenance and Warranty Security Instrument"), in the amount of$ 188, 600. 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, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody' s or Standard & Poor' s.
b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty ( 30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4. 4.
c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider' s interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. 01225. 0006/ 369377. 1
8 otherpersonsfurnishinglabor, materials,
and/
or equipment ("
Laborand Materials Security Instrument") with respectto theWorksof Improvementin an amountequalto 01225.0006/ 369377. 1 7 bdivideragreesto complywith, all of the applicable provisionsof the Labor Code including, but not limited to, the wage and hour, prevailingwage, worker compensation, and various other laborrequirementsin Division2, Part 7, Chapter 1, includingsection1720 to 1740, 1770 to 1780, 1810to 1815,1860to 1861, which provisions are
specifically
incorporatedherein
by
reference asset forth01225.0006/369377. 1 6 s 01225. 0006/369377. 1 5

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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 Subdivider' s completing the Works of Improvement, in accordance with Section 2. 1 ( other than Instruments of Credit, which shall have no defined term or expiration date).
iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. iv) If the Subdivider seeks to replace any security with another security, the replacement shall: ( 1) comply with all the requirements for security in this Agreement; ( 2) be provided by the Subdivider to the City Engineer; and (3) upon its written acceptance by the City Engineer, be deemed a part of this Agreement. Upon the City Engineer' s acceptance of a replacement security, the former security may be released by the City.

4. 3. Subdivider' s Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, 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. 01225. 0006/ 369377. 1
9 mprovement
in an
amountequal to 01225. 0006/369377. 1 7 bdivideragreesto comply with, all of theapplicableprovisionsof the LaborCodeincluding, but not limitedto, the wageand hour, prevailingwage, worker compensation, and various other labor requirementsin Division 2, Part 7, Chapter1, including section1720 to 1740, 1770to 1780, 1810to 1815, 1860to 1861, whichprovisionsare specifically incorporatedherein by referenceas set forth01225.0006/ 369377. 1 6 s
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b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider 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) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4. 5; ii) the Works of Improvement have been accepted;
iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and
iv) after passage of the time within which lien claims are required to be made pursuant to Title 3 ( commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law.
b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider' s written request upon the expiration of the warranty period, and settlement of any claims filed during the warranty period. c) The City may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney' s fees.

5. Cost of Construction and Provision of Inspection Service.

5. 1. Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City for any of the 01225. 0006/ 369377. 1
10 dit, suchsubstituteletter of credit beingin the same amountandhavingthe termsand conditions as the initialletterof credit delivered hereunder, issued by a financialinstitutionacceptableto Cityas of the dateof delivery of the replacement
letter
of
credit. 01225.
0006/369377.1 9 mprovementin anamount equalto 01225. 0006/ 369377.1 7 bdivideragreesto comply with, all of the applicableprovisions of the Labor Codeincluding, but not limited to, the wage and hour, prevailing wage, worker compensation, and various otherlabor requirementsin Division2, Part 7, Chapter1, includingsection1720 to 1740, 1770 to 1780, 1810 to 1815, 1860to 1861, which provisionsare specificallyincorporatedherein by referenceas set
forth
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Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the Works of Improvement.

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

Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider 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 Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections.

5. 3. Payment of Development Impact Fees. Subdivider shall pay Development Impact Fees pursuant to and in accordance with Chino Municipal Code Chapters 3. 40 and 3.45.

6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution( s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication.

7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one ( 1) year from the date of final acceptance. If 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, Subdivider, within fifteen ( 15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider 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 Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law.

8. Default.

8. 1. Default by Subdivider. Default by Subdivider shall include, but not be limited to:
a) Subdivider' s failure to timely commence construction of Works of Improvement under this Agreement;
b) Subdivider' s failure to timely complete construction of the Works of Improvement;
01225. 0006/ 369377. 1
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to, the wage and hour, prevailing wage, worker compensation, and various other labor requirementsin Division2, Part7, Chapter 1, includingsection 1720 to 1740, 1770 to 1780, 1810 to 1815, 1860 to 1861, which provisions are specificallyincorporatedhereinby reference as set forth 01225.
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c) Subdivider' s failure to perform substantial construction work for a period for 20 consecutive calendar days after commencement of the work; d) Subdivider' s insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Subdivider fails to discharge within 30 days;
e) The commencement of a foreclosure action against the subdivision or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or f) Subdivider' s failure to perform any other obligation under this Agreement.

8. 2. Remedies. The City reserves all remedies available to it at law or in equity for a default or breach of Subdivider' s obligations under this Agreement. The City shall have the right, subject to this Section, to draw upon or use the appropriate security to mitigate the City' s damages in the event of default by Subdivider. The City' s right to draw upon or use the security is in addition to any other remedy available to City. The parties acknowledge that the estimated costs and security amounts may not reflect the actual cost of construction of the improvements and, therefore, City' s damages for Subdivider' s default shall be measured by the 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 Subdivider fails to cure any default under this Agreement within 20 days after the City mails a notice of such default to the Subdivider and the Subdivider' s surety, Subdivider authorizes the City to perform the obligation for which Subdivider 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 Subdivider. In such event, City, without liability for doing so, may complete the Works of Improvement using any of Subdivider' s materials, appliances, plans and other property that are at the work site and that are necessary to complete the Works of Improvement.

8. 3. Notice of Violation. The Subdivider' s failure to comply with the terms of this Agreement constitutes Subdivider' s consent for the City to file a notice of violation against all the lots in the Subdivision, or to rescind or otherwise revert the Subdivision to acreage.

Subdivider specifically recognizes that the determination of whether a reversion to acreage or rescission of the Subdivision constitutes an adequate remedy for default by the Subdivider shall be within the sole discretion of the City.

8. 4. Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, the Subdivider agrees that the choice of remedy or remedies for Subdivider's breach shall be in the discretion of the City. Additionally, any remedy specifically provided in this Agreement shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled.

8. 5. Attorney' s Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by 01225. 0006/ 369377. 1
12 Division 2,
Part
7, Chapter1, includingsection1720to 1740, 1770to 1780, 1810to 1815, 1860 to 1861,
which

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City in securing performance of such obligations, including costs of suit and reasonable attorney' s fees. In the event of any dispute arising out of Subdivider' 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. 6. Waiver. No waiver by the City of any breach or default by the Subdivider shall be considered valid unless in writing, and no such waiver by the City shall be deemed a waiver of any subsequent breach or default by the Subdivider.

9. Indemnity/ Hold Harmless. City or any officer, employee or agent thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents, employees, contractors and subcontractors in the performance of this Agreement. Subdivider 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 Subdivider, 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 Subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design and construction of public drainage systems, streets and other improvements.

Recordation of the Notice of Acceptance by the City of the Works of Improvements shall not constitute an assumption by the City of any responsibility for any damage or taking covered by this Section. City shall not be responsible for the design or construction of the property to be dedicated or the improvements pursuant to the approved improvement 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 Subdivider 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.

Subdivider 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. Subdivider's Indemnity of Project Approval. Subdivider 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 Subdivision. The City shall promptly notify the Subdivider of any claim, action, or proceeding and cooperate fully in the defense of any such claim, action, or proceeding. In the event City fails to promptly notify the Subdivider of any claim, action, or proceeding, or if the City fails to cooperate in the defense, the Subdivider shall not thereafter be responsible to defend, indemnify, or hold harmless the City. 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. Subdivider shall not be required to pay or perform any settlement unless the settlement is approved by the Subdivider.

11. Insurance Requirements. Subdivider, at Subdivider' s sole cost and expense and for the full term of this Agreement and any extensions thereto, shall obtain and maintain all of the following minimum insurance requirements in a form approved by the City' s authorized designee for Risk Management prior to commencing any work:
a) Commercial General Liability policy with a minimum $ 1 million combined single limit for bodily injury and property damage providing all of the following minimum coverage without deductibles:
i) Premises operations; including X, C, and U coverage; ii) Owners' and contractors' protection;
iii) Blanket contractual;
iv) Completed operations; and
v) Products.
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:
01225. 0006/ 369377. 1
14 te an assumptionby
the City of any responsibility for any damage or taking covered by thisSection. City shallnot be responsiblefor thedesignor constructionof the property to be dedicated or the improvementspursuantto the approvedimprovementplans or map, regardlessof any negligent actionor inactiontakenby the City in approvingthe plansor map, unlessthe particular improvementdesign was specifically requiredby City over written objectionby Subdivider submittedto the City Engineerbefore approvalof the particularimprovementdesign, whichobjectionindicatedthat the particularimprovementdesign was dangerousor defective and suggestedan alternative safe andfeasible design. Afterrecordationof the Notice of Acceptance, the Subdivider shall remain obligatedto eliminate any latentdefect in design or dangerous conditioncaused by the designor constructiondefect; however, Subdivider shall not be responsiblefor routinemaintenance. The provisions of this paragraph shall remain in full force andeffect for ten ( 10) years followingthe recordationof the Notice of Acceptance by the City of the Works of Improvements.

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i) Coverage shall apply to any and all leased, owned, hired, or non- owned vehicles used in pursuit of any of the activities associated with this Agreement; and
ii) Any and all mobile equipment including cranes which are not covered under the above Commercial Business Auto policy shall have said coverage provided under the Commercial General Liability policy.
c) Workers Compensation and Employers' Liability policy in accordance with the laws of the State of California and providing coverage for any and all employees of the Subdivider:
i) This policy shall provide coverage for Workers' Compensation Coverage A); and
i) This policy shall provide coverage for $ 1, 000, 000 Employers' Liability ( Coverage B).
ii) Pursuant to Labor Code section 1861, Subdivider by executing this Agreement certifies: " I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract."
iii) Prior to commencement of work, the Subdivider shall file with the City's Risk Manager a Certificate of Insurance or certification of permission to self- insure workers' compensation conforming to the requirements of the Labor Code.
d) Endorsements. All of the following endorsements are required to be made a part of each of the above- required policies as stipulated below:
i) " The City of Chino, its officers, employees and agents are hereby added as additional insureds."
ii) " This policy shall be considered primary insurance with respect to any other valid and collectible insurance the City may possess, including any self- insured retention the City may have and any other insurance the City does possess shall be considered excess insurance only."
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." 01225. 0006/ 369377. 1
15 Blanket
contractual;iv) Completedoperations; and v) Products.b) CommercialBusinessAutopolicywith a minimum $ 1 million
combinedsingle limit for bodilyinjuryand propertydamage, providing all of the following
minimumcoverage without
deductibles:01225. 0006/ 369377.
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te an assumption by the City of any responsibilityfor any damageor takingcoveredby this Section. City shall not be responsiblefor the design or construction
of the property to
be
dedicatedor the improvements
pursuant to the approvedimprovement plans or map, regardlessof any negligent actionor inactiontakenby theCity in approvingthe plans or map, unlessthe particular improvementdesign wasspecificallyrequiredby City over writtenobjectionby Subdividersubmittedto the City Engineer beforeapprovalof the particular improvementdesign, which objectionindicated thatthe particular improvementdesign was dangerousor defective and suggestedan alternative safe and feasibledesign.

After recordationof the Notice of Acceptance, the Subdividershallremainobligatedto eliminateany latentdefect in designor dangerous conditioncausedby the designor constructiondefect; however, Subdividershall not be responsiblefor routine maintenance. The provisionsof this paragraph shall remain in full force and effect for ten ( 10) years followingthe recordationof the Notice of Acceptanceby the City of the Worksof Improvements. It is the 01225. 0006/ 369377. 1 13 10.17.b
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iv) " Thirty ( 30) days prior written notice of cancellation shall be given to the City of Chino in the event of cancellation and/ or reduction in coverage, except that ten ( 10) days prior written notice shall apply in the event of cancellation for non- payment of premium." Such notice shall be sent to the Risk Manager at the address indicated in Subsection f below.
v) Subsection d( iv) hereinabove " Cancellation Notice" is the only endorsement required of the Workers' Compensation and Employers' Liability policy.
e) Admitted Insurers. All insurance companies providing insurance to the Subdivider under this Agreement shall be admitted to transact the business of insurance by the California Insurance Commissioner.
f) Proof of Coverage. Copies of all required endorsements shall be attached to the Certificate of Insurance which shall be provided by the Subdivider' s insurance company as evidence of the coverage required herein and shall be mailed to:

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

12. Environmental Warranty.

12. 1. Prior to the acceptance of any dedications or Works of Improvement by City, Subdivider 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 Subdivider are in violation of any environmental law, and neither the property to be dedicated nor the Subdivider 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 Subdivider nor any other person with Subdivider' s permission to be upon the property to be dedicated shall use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this Agreement, the term " Hazardous Substances" shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as 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 01225. 0006/ 369377. 1
16 oviding
all of the followingminimumcoveragewithout deductibles:01225. 0006/369377.1 14 te an assumptionby
the City of any
responsibility
for any damageor
taking covered by this Section. City shall not be responsiblefor the designor constructionof the propertyto be dedicatedor the improvementspursuant to the approved improvementplans or map,regardlessof any negligent actionor inaction takenby the City in approvingthe plans or map,unless the particularimprovementdesignwas specificallyrequiredby Cityover written objectionby Subdivider submitted to the City Engineer before approvalof the particularimprovementdesign, which objectionindicatedthat theparticularimprovementdesignwas dangerousor defectiveand suggestedan alternative safe and feasibledesign. After recordationof the Notice of Acceptance, the Subdivider shallremainobligatedto eliminateany latentdefectin design or dangerouscondition caused by the design or constructiondefect; however, Subdividershall not be responsiblefor routinemaintenance. The provisions of this paragraphshall remain in full force and effect for ten ( 10) years followingthe recordationof the Noticeof Acceptanceby the City of the Works of Improvements. It is the 01225.0006/ 369377.1 13

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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) Subdivider 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) Subdivider'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. Subdivider 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) Subdivider'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 Subdivider' s right, title, and interest in and to the Property and any portion thereof. Subdivider hereby consents to City recording this Agreement as official records of San Bernardino County, affecting fee title interest to the Property to provide constructive notice of the rights and obligations incurred by Subdivider in the City' s approval of this Agreement. In the event the Property is subsequently conveyed by Subdivider to a third party prior to completion of the Works of Improvement, whereby the third party is intended to assume Subdivider' s responsibilities with regard to this Agreement, ( the " Replacement Subdivider"), the rights and obligations of this Agreement shall transfer to the Replacement Subdivider; however, the Security Instruments required pursuant to Section 4 of this Agreement, and furnished by Subdivider as a condition of the City' s approval of this Agreement, shall remain Subdivider' s responsibility to maintain until such time as Subdivider and its Replacement Subdivider enter into a Transfer and Assignment of Subdivision Agreement, ( the " Transfer Agreement"), to acknowledge the transfer of fee title to the Property from the Subdivider to its Replacement Subdivider, and to acknowledge the rights and obligations associated with this 01225. 0006/ 369377. 1
17 ing the
plans or map,unless the particularimprovementdesignwasspecificallyrequiredbyCity overwrittenobjectionby Subdividersubmittedto the City Engineerbefore approval of the particularimprovement design, whichobjection indicated thatthe particularimprovementdesign was dangerousor defective and suggested an alternative safe and feasibledesign. After recordationof the Noticeof Acceptance, the Subdividershall remainobligatedto eliminate any latent defectin design or dangerous conditioncaused by the design or constructiondefect; however, Subdividershallnot be responsible for routine maintenance. The provisionsof this paragraphshall remain in full forceand effectfor ten ( 10) years followingthe recordation of the Noticeof Acceptanceby the City of the Works of Improvements.

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Agreement upon the Replacement Subdivider, including Replacement Subdivider' s responsibility to furnish replacement Security Instruments meeting the City' s approval pursuant to Section 4 of this Agreement. Until such time as a Transfer Agreement, meeting the City's approval, is executed by Subdivider and its Replacement Subdivider, and replacement Security Instruments meeting City' s approval are furnished by the Replacement Subdivider, Subdivider retains sole responsibility for maintaining all Security Instruments required pursuant to Section 4 of this Agreement.

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

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

13. 4. Subdivider is Not Agent of City. Neither Subdivider nor Subdivider' s agents, contractors, or subcontractors are agents or contractors of the City in connection with the performance of Subdivider' s obligations under this Agreement.

13. 5. Time of the Essence. Time is of the essence of Subdivider' 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 subdividers for the apportionment of costs of water and sewer mains, or other improvements pursuant to the provisions of the City ordinances providing therefore. Nor shall anything in the Agreement commit City to any such apportionment.

13. 8. Severability. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.

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. 01225. 0006/ 369377. 1
18 Subdivider, andto
acknowledge the rights andobligations associatedwith this 01225. 0006/ 369377.1 17 ing the plans
or
map,unless
the particularimprovementdesign was specificallyrequired by Cityoverwrittenobjectionby Subdividersubmittedto the City Engineerbefore approval of the particular improvementdesign, whichobjectionindicated that the particular improvementdesignwas dangerousor defectiveand suggestedan alternative safe and feasible design. After recordationof the Notice of Acceptance, the Subdividershall remainobligated to eliminate any latentdefect in design or dangerousconditioncaused by the designor constructiondefect; however, Subdivider shall not be responsiblefor routine maintenance. The provisions of this paragraphshall remain in full force and effect for ten (10) yearsfollowing the recordation of the Noticeof Acceptanceby theCity of the Works of Improvements. It is the 01225. 0006/ 369377.1 13

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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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IN WITNESS WHEREOF, the City and the Subdivider have caused this Agreement to be executed the day and year first above written.

APPROVED AS TO FORM: APPR• VED AS TO CONTENT:

Fred Galante, City Attorney NicholasS.TP,uori, AICP
Director of Development Services
LENNAR HOMES OF CALIFORNIA, INC.
a California Corporation)
By:

Signature and Date)
Name: r 5, 14-3AA
Pleas type or print name)
Title: VI Ce c ( 44+-
Please type or print title)

CITY OF CHINO
Vii I
Matthe : all:
1-, City Manager
Dated: 7.21'(41
ATTEST:

B /
r
Y
Angel obles, City Clerk
Dated: 4 ' • ( 7
01225. 0006/ 369377. 1
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DocuSign Envelope ID: FEE20D35- 1E16- 43BF- 9688- 9F1DF28C16DD IN WITNESS WHEREOF, the City and the Subdivider have caused this Agreement to be executed the day and year first above written.

APPROVED AS TO FORM: APPR VED AS TO CONTENT:

EDocuSigneed by:
7DOf JC9D JOS...

Fred Galante, ity ttorney Nicho as S. ori, AICP Director of Development Services
LENNAR HOMES OF CALIFORNIA, INC.
a California Corporation)
By:

Signature and Date)
Name: Sttk'rl,.

Pleas pe or print name)
Title: Va.- ' ' rd ewe
Please type or print title)

CITY OF CHINO
Matthew Ballantyne, City Manager
Dated:

ATTEST:

By
Angela Robles, City Clerk
Dated:
01225. 0006138937/. 1
20 en
together shallbe deemed one original.14. Authority. The personsexecutingthis Agreementon behalfof the parties warrantthe ( I)
partyis duly organizedand existing, (ii) they areduly authorizedto execute and deliverthis Agreementon behalf of said party, (iii)
by so executingthis Agreement, suchparty is formallyboundto the provisionsof this Agreement, and (iv) the entering into of this Agreementdoes not violateany provisionsof any other agreementto whichsaid party is bound.SIGNATURESON NEXTPAGE] 01225.0006/369377.1 19 Notices. Unlessotherwise specifiedin this Agreement, all noticesrequired or providedfor under this Agreementshall be in writingand deliveredin personor sent by mail,postage prepaid and addressedas
provided in this Section.

Notice

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CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CML CODE § 1189
Anotarypublicorotherofficercompletingthiscertificateverifiesonlytheidentityoftheindividualwhosignedthedocument to whichthis certificate is attached,and notthe truthfulness,accuracy,orvalidityof that document.

State of California
County of
r//,/
YU/ 1 e
On Jtln
WNrk1 91)lq befo me, 4te A Qlvu - PIA/IIDateserf Name and Title of the Officer personally appeared 6 ail
of Signer( s)
who proved to me on the basis of satisfactory evidence to be the personXwhose name) is/ subscribed
to the within instrume and acknowledge to me that he/ e/ Wey executed the same in his/ r/ t r authorized capacity(, and that by his/ l r/ tl r signature( 4 on the instrument the persorl) , or the entity uponbehalfof whichthepersonXacted,executedthe instrument I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
JODIE ATHA paragraph is true and correct.
1441401.. Notary Public- California Z
Riverside County
Commisslon a 223089e WITNESS my hand and official seal.

My Comm. ExpiresFeb 11,2022
OSignature
Place Notary Seal and/ or Stamp Above ignatUre of Notary Public

OPTIONAL ----
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document:

Document Date: Number of Pages:

Signer( s) Other Than Named Above:

Capacity( ies) Claimed by Signer( s)
Signer' s Name: Signer' s Name:

Corporate Officer— Title( s): 0 Corporate Officer Title( s):

Partner— 0 Limited General 0 Partner Limited.- General Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact Trustee 0 Guardian of Conservator. 0 Trustee 0 Guardian of Conservator Other: 0 Other:

Signer is Representing: Signer is Representing:
2017 National Notary Association
ecludeCity fromexpendingmonies pursuant to agreementsconcurrentlyor previously executedbetweenthe parties, or from
enteringinto agreementswith other subdividers for the apportionmentof costs of water and sewer mains, or other improvementspursuantto the provisionsof the Cityordinancesproviding therefore. Nor shall anythingin the Agreementcommit Cityto any such apportionment.13. 8. Severability. If any portion of this Agreement is held invalid by a court of competentjurisdiction, theremainderof the Agreementshallremainin full
forceandeffect unlessamendedor modifiedby mutual writtenconsentof the parties.13. 9.

Captions. The captionsof thisAgreementare for convenienceandreferenceonly and shall not be usedin theinterpretationof any provisionof this
Agreement.01225.0006/ 369377.1 18Subdivider, and to acknowledgethe rightsand obligations associatedwith this 01225.0006/ 369377.1 17 ingthe plans or map,unless the particularimprovementdesign
was
specifically requiredby
City over writtenobjectionby Subdividersubmittedto the City Engineerbefore approvalof the particular
improvement
design, which
objection indicatedthat the particularimprovementdesign was dangerousor defectiveandsuggested an alternativesafeand feasible design.After recordation of the Notice of Acceptance, the Subdividershall remain obligatedto eliminate anylatentdefectin design or dangerousconditioncaused by the design or construction defect; however, Subdivider shall not be responsible for routine maintenance. The provisionsof this paragraphshall remain in full forceand effect for ten ( 10) years followingthe recordation of the Noticeof Acceptanceby the Cityof the Works of Improvements. It is the 01225. 0006/ 369377. 1 13

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EXHIBIT " A"
TRACT MAP 20008 LEGAL DESCRIPTION
Legal description is pending the final recordation of Tract Map No. 20008 with the San Bernardino County Recorder' s Office.
01225. 0006/ 369377. 1 A-
NicholasS. TP, uori, AICPDirectorof
Development Services

LENNAR HOMES OF
CALIFORNIA, INC. a California Corporation)By: Signatureand Date) Name: r 5, 14-
3AA Pleas typeor print
name)Title: VI
Ce
c ( 44+- Please
type or print
title) CITY OF CHINO Vii
I Matthe : all: 1-,
City ManagerDated: 7. 21'(
41 ATTEST:B /
r Y Angelobles,
City
Clerk
Dated:
4 ' • ( 7 01225.0006/
369377.
1 20

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M
EXHIBIT " B"
TRACT MAP 20008 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. Sanitary sewers constructed as shown on the approved, engineered plans and in accordance with City Standards.

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

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

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

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

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

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

L. Street signs at intersections per the City Standards.

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

N. Setting monuments as required by the State Code.

The Subdivider shall also perform all work and furnish all materials necessary, in the opinion of the Assistant City Manager/Director of Public Works 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. 01225. 00061369377. 1 B- 1
2017National
Notary Associationeclude Cityfrom expending
moniespursuantto agreements concurrentlyor previouslyexecutedbetween the parties, or from entering into agreementswithother subdividers for the apportionmentof costs of waterand sewer mains, or otherimprovementspursuant to the provisions of the City ordinances providing therefore. Nor shallanythingin the AgreementcommitCity to any such apportionment.13. 8. Severability. If any portionof this Agreementis heldinvalidby a
courtof competent jurisdiction, the remainderof the Agreement shallremainin full forceand effect unless amended or modified by mutualwritten consentof the parties.13. 9. Captions.

The captions of this Agreementare for convenienceandreferenceonly and shallnot be used in the interpretationof anyprovision of this Agreement. 01225.0006/369377.1 18 Subdivider, and to acknowledgethe rights andobligationsassociated with this 01225. 0006/
369377.
1 17 ing
the plans or map,unless the particularimprovementdesign was specificallyrequired by City over written
objection
by Subdivider
submitted to the City Engineerbeforeapproval of theparticularimprovementdesign, which objectionindicatedthatthe particularimprovementdesign was dangerousor defective and suggestedan alternativesafe and feasibledesign. After recordationof the Notice of Acceptance, the Subdividershall remain obligated to eliminate any latent defectin design or dangerous condition causedby the design or construction defect; however, Subdivider shall not be responsiblefor routine maintenance. The provisionsof this paragraphshall remain in full force and effectfor ten (10) years following the recordationof the Notice of Acceptance by the City of the Worksof Improvements. It is the 01225.0006/ 369377. 1 13

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EXHIBIT " C"
TRACT NO. 20008

LENNAR HOMES OF CALIFORNIA
a California Corporation)

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

1. Neither the property to be dedicated nor Subdivider are in violation of any environmental law, and neither the property to be dedicated nor the Subdivider 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 Subdivider nor any other person with Subdivider' s permission to be upon the property to be dedicated has used, generated, manufactured, produced, or released, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the 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. Subdivider 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. Subdivider' 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 Subdivider hereby represents and warrants, that the signators hereto have the legal power, right and authority to execute this warranty on behalf of the Subdivider and that the signators hereto have sufficient knowledge or expertise, either personally, through reasonable inspection and investigation of the property, or through reasonable reliance upon the investigation and professional opinion of Subdivider' s environmental 01225. 0006/ 369377. 1 C- 1
ten
consentof the parties.13. 9. Captions. The captionsof this Agreementare for convenienceand referenceonlyand shallnot be usedin the interpretationof any provisionof this Agreement.
01225.
0006/ 369377.1
18 Subdivider, and to acknowledge the rights and obligations associated with this 01225. 0006/ 369377. 1
17 ing the
plans or map,unless the particularimprovementdesignwasspecificallyrequiredbyCity overwrittenobjectionby Subdividersubmittedto the City Engineerbefore approval of the particularimprovement design, whichobjection indicated thatthe particularimprovementdesign was dangerousor defective and suggested an alternative safe and feasibledesign. After recordationof the Noticeof Acceptance, the Subdividershall remainobligatedto eliminate any latent defectin design or dangerous conditioncaused by the design or constructiondefect; however, Subdividershallnot be responsible for routine maintenance. The provisionsof this paragraphshall remain in full forceand effectfor ten ( 10) years followingthe recordation of the Noticeof Acceptanceby the City of the Works of Improvements.

It is the 01225. 0006/369377. 1 13

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experts, to make the representations herein, and that no consent of any other party is required to execute this warranty and make the representations herein on behalf of the Subdivider to the City of Chino.

Each of the undersigned persons declares under penalty of perjury that the foregoing is true and correct.

Dated: 1 11' LC
SUBDIVIDER*
By:

LENNAR HOMES OF CALIFORNIA 41cf ?
erg
a California Corporation)
Proof of authorization for Subdivider' s signatures is required to be submitted concurrently with this environmental warranty.
01225. 0006/ 369377. 1 C- 2
ii I Matthe :
all:
1-,
City
ManagerDated: 7. 21'(
41 ATTEST:B / r
Y
Angel
obles, City ClerkDated: 4 ' • ( 7 01225. 0006/ 369377.1 20

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Packet Pg. 250
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE § 11: 9 Anotarypublicorotherofficercompletingthiscertificateverifiesonlytheidentityoftheindividualwhosignedthedocument towhichthiscertificateisattached,andnotthetruthfulness,accuracy,orvalidityofthatdocument.

State of Californian '!/,/
County of v. 171(,C.l'i
NA# 0 `icirv1 ,On Jorua wq before me, i> 9! ate i N," Here insert Name/ and Title of thOfficer personally appeared Gib 1 JI_ Yt/
Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be theerson,( a') whose name,( is/ subscribed to the within instrument and acknowledged to me that he/ Ore/ tlye' executed the same in his/( 4r/t}ir authorized capacity( ip , and thaty hisfilir/ tper signature( on the instrument the persorp,( j,ortheentityupon behalf of which the perso ) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the
laws of the State of Californiathat the foregoing
r4 JODIE ATHA paragraph is true and correct.

Notary Public- California r.
ra:• = Riverside County f.
may;.,,,° Commission# 2230896 WITNESS my hand and official seal. 0`"
My Comm. ExpiresFeb 11,2022
aptia\.)Signature EII4tL!
Place Notary Seal and/ or Stamp Above
1 Signature of Notary Public
OPTIONAL —
Completing this information can deter. alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document:

Document Date: Number of Pages:

Signer( s) Other Than Named Above:

Capacity( ies) Claimed by Signer( s)
Signer' s Name: Signer' s Name:

Corporate Officer– Title( s): 0 Corporate Officer Title( s):

Partner– 0 Limited 0 General 0 Partner--. 0 Limited. General .

Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact Trustee 0 Guardian of Conservator- 0 Trustee 0 Guardian of Conservator Other: 0 Other:

Signer is Representing: Signer is Representing:
2017 National Notary Association
this warrantyherebyrepresent
andwarrant to the City of Chino, andSubdividerhereby representsandwarrants, that the signatorsheretohavethe legalpower, right and authorityto execute thiswarrantyon behalfof the Subdivider and that the signators heretohave sufficientknowledgeor expertise, either personally,through reasonableinspection and investigationof the property, or through reasonablerelianceupon the investigationand professionalopinion of Subdivider's environmental01225.0006/369377. 1 C- 1 ten consentof the parties. 13.9. Captions. The
captions of this Agreementare for convenienceand referenceonly and shall not be used in the interpretationof any provisionof this Agreement.01225. 0006/ 369377.1
18 Subdivider, and to acknowledgethe rightsand obligations associatedwiththis 01225.0006/ 369377. 1 17 ing theplans or map,unless theparticularimprovementdesignwas specifically required by City over
written
objection by Subdivider
submitted to the CityEngineer beforeapprovalof the particular improvementdesign, which objectionindicated that
the
particularimprovement
design wasdangerousor defectiveandsuggestedan alternativesafeand feasibledesign. Afterrecordationof the Notice of Acceptance, the Subdividershall remain obligated to eliminateany latent defect in design or dangerousconditioncausedby the design or constructiondefect; however, Subdivider shall not be responsiblefor routine maintenance. The provisions of thisparagraph shall remain in full force and effect for ten ( 10) yearsfollowingthe recordationof the Notice of Acceptanceby the City of the Works of Improvements. It is the 01225. 0006/369377.1 13

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Executed in Triplicate
Bond No.: 1074006
Contract No.:

Approved:

Premium $ 5, 659. 00/ annum
FAITHFUL PERFORMANCE BOND The Landings- Bouma
Tract Map No. 20008
WHEREAS,theCityCounciloftheCityofChino, StateofCalifornia,hereinafterdesignatedas"CITY"and LENNARHOMESOF CALIFORNIA, INC. a CaliforniaCorporation, hereinafterdesignated as" PRINCIPAL,"have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated January 1501.2019, and identified as Project No. Tract Map No. 20008, is herebyreferredto and made a part hereof; and
WHEREAS, said Principal is required underthe terms of said agreement to furnish a bondfor the faithful performance of said agreement.

NOW, THEREFORE, we, the Principal and The Hanover Insurance Company as surety, are heldandfirmlybounduntotheCityof Chinointhepenalsumof OneMillion, EightHundredEighty-SixThousand Three Hundred Dollars($ 1,886,300.00) lawful moneyof the UnitedStates,for the paymentof which sum well and trulyto be made, we bindourselves, ourheirs, successors, executors, andadministrators, jointlyandseverally, firmly by these presents.

The condition of this obligation is such that if the above- bound Principal, his or its heirs, executors, administrators,successors,or assigns,shall Inall thingsstand to and abideby, and well and truly keepand perform the covenants, conditions, and provisions in said agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects accordingto theirtrue intentand meaning, andshallindemnifyandsaveharmlessCity, Itsofficers, agents, and employees, as therein stipulated,then this obligationshall becomenull and void; otherwise it shall be and remain in full force and effect.

As part of the obligationsecured hereby and in additionto the face amount specified therefor, there shall be Included costs and reasonable expenses and fees including reasonable attorneys' fees, incurred by City in successfullyenforcingsuchobligation,alltobetaxedascostsandIncludedinanyjudgmentrendered, Thesuretyherebystipulatesandagreesthatnochange, extensionoftime, alteration, oradditionto the terms of the agreement or to the work to be performedthereunderor the specifications accompanyingthe same shallinanywayaffectItsobligationsonthisbond,and it doesherebywaivenoticeof anysuchchange, extension of time,alteration, or addition to the terms of the agreementor to the work or to the specifications.

IN WITNESSWHEREOF,this instrument has been duly executed by Principal and Surety above named, on January 11, 2019
Lennar Homes of California, Inc.,
a California corporation The Hanover Insurance Company

PRINCIPAL SURETY
By; By:

Mechelle Larkin, Attorney- in-Fact

SIGNATURES MUST BE NOTARIZED
Document No. 16363( PWFORM51BONDS- falthful performanceVev. 0412017) Page 1 of 1 01225. 0006/369377.1 17 ingthe plans or map,unlesstheparticular improvementdesignwasspecifically requiredby City over written objectionby Subdividersubmittedto the City Engineer beforeapproval of the particularimprovementdesign, which objection indicatedthat the particular improvementdesign was dangerous or defectiveand suggested an alternative safe andfeasible design.After recordationof the Noticeof Acceptance, the Subdivider shallremainobligated to eliminate any latent defect in design or dangerous conditioncausedby thedesign or construction defect; however, Subdividershall not be responsible for routine maintenance. The provisionsof this paragraphshall remain in full forceand effect for ten ( 10) yearsfollowingthe recordation of the Noticeof Acceptanceby the Cityof the Worksof Improvements. It is the01225.0006/ 369377.1 13

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California All- Purpose
Certificate of Acknowledgment
CIVIL CODE 1189
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 ofornia
County of
On Q+UU l J 1 O19 beforeme/
1tj Wary
yy
personally appeared 6°&f
ti
who provedto me on the basisof satisfactoryevidenceto be the person) whosename) is/ale subscribed to the within instrument and acknowledged to me that hel e they executed the same in his/ 1br/tir authorized capacity( s), and that by his/hbr/tRir signature on the instrument the personN, or the entity upon behalf of which the person $ acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the Stateof California that the foregoing paragraphis true and correct.

WITNESS my hand and official seal. MuLEy,,';: ;.
y
d Riverside County
Commission# 2247751 _
Signature , SITI\ A r a] _ My Comm. Expirs Juel 24, 2022 Seal)
firmly by
these presents.The conditionof this obligationis suchthat if the above-boundPrincipal, his or its heirs, executors, administrators,successors,or assigns,shallIn all thingsstandto and abide by, and well and trulykeepand perform thecovenants, conditions, and provisionsin said agreementand any
alterationthereofmade as
therein

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CALIFORNIAALL-PURPOSEACKNOWLEDGMENT
Anotarypublicorotherofficercompletingthiscertificateverifiesonlytheidentityoftheindividualwhosignedthedocumenttowhichthiscertificateisattached, andnotthetruthfulness, accuracy, orvalidityofthatdocument.

State of California
County of Orange
On JAN 11 2019 before me, Kathy R. Mair, Notary Public DATE
Nameof NotaryPublicandTitle"NotaryPublic"]
personally appeared Mechelle Larkin
Name( s) of Signer( s)]
who proved to me on the basis of satisfactory evidence to be the person( s) whose name(} is/ afe subscribedtothewithininstrumentandacknowledgedtomethathe/she/theyexecutedthesamein his/ her/ their authorized capacity( ies}, and that by his/her/their signature(s} on the instrumentthe person( s), or the entity upon behalf of which the person() acted, executed the instrument.

I certifyunderPENALTYOFPERJURYunderthelawsof theStateof Californiathattheforegoing paragraph is true and correct. o. KATHY R. MAIR WITNESS my hand and official seal.Notary Public- California z- Orange County z S
Commission # 2193966
My Comm. Expires May22_ 2021
C tio r Mt/ 0
Signatur- . f Notary ` blic
Place Notary Seal Above

OPTIONAL
Thoughthissectionisoptional, completingthisinformationcandeteralterationofthedocumentor fraudulentreattachmentof this formto an unintendeddocument.

Description of Attached Document
Title or Type of Document:

Document Date: Number of Pages:

Signer( s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer' s Name: Mechelle Larkin Signer' s Name:

Corporate Officer— Title( s): Corporate Officer— Title( s):

Partner— Limited General Partner—
Individual Attorne - in- Fact
Limited El General
Y Individual Attorney- in-FactTrustee Guardian or Conservator Trustee Other:

El Guardianor Conservator
Other:

Signer Is Representing: Signer is Representing:
andIncludedin any judgment
rendered,The suretyherebystipulates and agrees that nochange, extensionof time, alteration, or addition to the termsof the agreementor to the workto be performedthereunderor thespecificationsaccompanying the same shallin anywayaffectIts obligationson thisbond, andit does hereby waivenoticeof any suchchange, extensionof time, alteration, oradditionto theterms of the agreementor to the workor to the specifications.IN WITNESSWHEREOF,thisinstrumenthas been dulyexecuted by PrincipalandSuretyabovenamed,on January11, 2019LennarHomesof California, Inc., a CaliforniacorporationThe HanoverInsurance CompanyPRINCIPALSURETY By; By: MechelleLarkin, Attorney-in-FactSIGNATURESMUSTBENOTARIZEDDocumentNo.16363(PWFORM51BONDS-falthful performanceVev.0412017) Page 1 of 1 01225.0006/369377. 1 17 ing the plans or map, unless the particular
improvementdesign wasspecifically required
by City over writtenobjection by Subdivider
submitted to
the City
Engineer before approval of the
particular improvementdesign, which
objection indicatedthat the particular improvement design was dangerousor defective and suggestedan alternativesafe andfeasible design.Afterrecordationof theNotice of Acceptance, theSubdivider shall remainobligated to eliminateany latent defect in designor dangerous condition causedby the designor constructiondefect; however, Subdividershallnot be responsible for routine maintenance. The provisionsof this paragraph shall remain in full force and effect for ten ( 10) yearsfollowing the recordationof the Noticeof Acceptanceby the City of the Works of Improvements. It is the 01225.0006/ 369377.1 13

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THE HANOVER INSURANCE COMPANY

MASSACHUSETTS BAY INSURANCE COMPANY

CITIZENS INSURANCE COMPANY OF AMERICA

POWER OF ATTORNEY
THIS Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.

KNOW ALL PERSONS BY THESE PRESENTS:

That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan,( hereinafter individually and collectively the" Company") does hereby constitute and appoint, Mechelle Larkin, My Hua, Kathy R. Mair, Kari Davis, Brenda Wong, Tenzer V. Cunningham, Martha Gonzales and/ or Joaquin Perez Of Marsh Risk& Insurance Services, Inc. of Los Angeles, CA each individually, if there be more than one named, as its true and lawful attorney( s)- in- fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, any and all surety bonds, recognizances, undertakings, or other surety obligations. The execution of such surety bonds, recognizances, undertakings or surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company, in their own proper persons. Provided however, that this power of attorney limits the acts of those named herein; and they have no authority to bind the Company except in the manner stated and to the extent of any limitation stated below:

Any such obligations in the United States, in any amount That this power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said Company, and said Resolutions remain in full force and effect:

RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and empowered to appoint Attorneys- in- fact of the Company, in its name and as it acts, to execute and acknowledge for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys- in- fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons.

RESOLVED: That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or Vice President in conjunction with any Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile.

Adopted October 7, 1981 — The Hanover Insurance Company; Adopted April 14, 1982— Massachusetts Bay Insurance Company; Adopted September 7, 2001 — Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 8th day of February, 2018.

The Hanover Insurance Company The Hanover Insurance Company Massachusetts Bay Instance Company
Citizens Insurance Company u# America
Ott.

Massachusetts Bay Insurance Company
p y Citizens Insurance Company of America
it c•-._ 2...
of
pb1F
ari. 4!`
g _/
John C. Roche, EVP and President f%; James H. Kawiecki,\' ice President

THE COMMONWEALTH OF MASSACHUSETTS )
COUNTY OF WORCESTER ss.

On this 8th day of February, 2018 before me came the above named Vice Presidents of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations.

OWN J. MANINO
lCOMIllilliOn N Tlinric J ; . t+ s, N. ri. PUN,
NT, C rut _ len f 6> , tineuh 4,
I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, herebycertify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect.

GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this day of JAN 11 2019

CERTIFIED COPY
i; r .
max, _ ,,
nnxt: rrU. M> sr( irnz, uiL' d ' nsi cit,' ,

10.17.b
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Executed in Triplicate
Bond No.: 1074006
Contract No.:

Approved:

Premium: Included in Performance Bond
LABOR AND MATERIAL BOND The Landings- Bouma
Tract Map Na. 20008
WHEREAS,theCityCouncilof theCityofChino, StateofCalifornia,hereinafterdesignatedas"CITY"and LENNARHOMES OF CALIFORNIA, INC. a CaliforniaCorporation, hereinafterdesignated as" PRINCIPAL" have entered into an agreementwhereby Principal agrees to install and complete certain designatedpublic improvements,which saidagreement,dated January 15tb,2019,and identifiedas ProjectNo. Tract MapNo. 20008, is herebyreferredto and made a part hereof; and
WHEREAS,under the termsof saidagreement, Principalis required,before enteringuponthe performance ofthework,tofilea goodandsufficientpaymentbondwiththeCityof Chinotosecuretheclaimstowhichreference ismadeinTitle15(commencingwithSection3082)ofPart4ofDivision3oftheCivilCodeoftheStateofCalifornia.

NOW, THEREFORE, saidPrincipalandtheundersigned, as corporatesurety, are heldandfirmlybound untotheCityofChino, andallcontractors,subcontractors, laborers,material,men,andotherpersonsemployedin the performanceof the aforesaidagreementand referredto in the aforesaidCode of Civil ProcedureIn the sum of Nine Hundred Forty- Three Thousand One Hundred Dollars ($ 943, 100. 00) for materials furnished or labor thereon ofanykind, orforamountsdueundertheUnemploymentInsuranceActwithrespectto suchworkor labor, that saidsuretywillpaythesameinanamountnotexceedingtheamounthereinabovesetforth, andalsoincasesuit isbroughtuponthisbond,willpay,inadditiontothefaceamountthereof,costsandreasonableexpensesandfees, includingreasonableattorneys'fees,incurredbyCityinsuccessfullyenforcingsuchobligation,tobeawardedand fixedbythecourt,andtobetaxedascostsandtobeincludedirithejudgmentthereinrendered.

It isherebyexpresslystipulatedandagreedthatthisbondshallinureto thebenefitofanyandall persons, companies, andcorporationsentitledto fileclaimsunderTitle15 (commencingwithSection3082) of Part4 of Division3 of the CivilCode, so as to givea rightof actionto themor theirassignsin any suitbroughtuponthis bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

Thesuretyherebystipulatesandagreesthatnochange, extensionof time, alteration, oradditiontothe terms of the agreement or the specificationsaccompanyingthe same shall in any way affect its obligationson this bond, anditdoesherebywaivenoticeofanysuchchange, extensionoftime,alteration,or addition.

IN WITNESSWHEREOF, this Instrumenthas been duly executedby Principal and Surety above named, on January 11, 2019
Lennar Homes of California, Inc.,
a California corporation The Hanover Insurance Company

PRINCIPAL SURETY
By: By:

Mechelle Larkin, Attorney- in- Fact

SIGNATURE( S) MUST BE NOTARIZED
Document No. 16354( PWFORMSIBONDSd.& M1rev. 0412017) Page i or i y attested by two
VicePresidents, this 8th day of February, 2018. The Hanover Insurance CompanyThe Hanover Insurance CompanyMassachusettsBay InstanceCompanyCitizens InsuranceCompanyu# AmericaOtt. MassachusettsBay InsuranceCompanyp y CitizensInsuranceCompany of Americait c•-._2... of
pb1F ari. 4!` g _/ John C. Roche, EVP
and Presidentf%; James
H. Kawiecki,\' ice President THE

COMMONWEALTH

OF MASSACHUSETTS )COUNTY OF
WORCESTERss. On this 8th day of
February, 2018 before
me
came
the above
named
Vice Presidentsof The Hanover Insurance Company, MassachusettsBay Insurance Companyand CitizensInsurance Companyof
America, to me personally
knownto be the individualsand officersdescribedherein,and acknowledgedthat the seals affixed to the preceding instrument are the corporateseals of The Hanover Insurance Company, MassachusettsBay InsuranceCompanyand Citizens InsuranceCompanyof America, respectively,and that the said corporate seals and their signaturesas officerswere duly affixedand subscribed to saidinstrumentby the authority and directionof said Corporations.

OWN J. MANINO lCOMIllilliOn N Tlinric J ; .t+ s, N. ri. PUN, NT, C rut _ lenf 6> , tineuh4, I, the undersigned Vice President of The Hanover InsuranceCompany, MassachusettsBay Insurance Company and Citizens
Insurance Company of America, herebycertifythat the above and foregoingis a full, true and correct
copyof the OriginalPower of Attorneyissued by said Companies, and do hereby furthercertify that the said Powers of Attorneyare still in forceand effect.GIVENundermy handand the sealsof said Companies,at Worcester,Massachusetts,thisday of JAN11 2019 CERTIFIEDCOPY i; r . max, _ ,, nnxt: rrU.M> sr( irnz,uiL'd ' nsi cit,' ,

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California All- Purpose
Certificate of Acknowledgment
CIVIL CODE 1189
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
CajiS
rni a _
jCounty of o ;
On n,uar( I I before me,- Tei t lUi l,{, 1IU[ Ub1iC. personally appeared Ce
who proved to me on the basis of satisfactory evidence to be the person whose names is/a?e, subscribed to the within instrument and acknowledged to me that he/sfhe/tttay executed the same in his/ her/ Air authorized capacityNs), and that by his/1r/ th1birsignature} on the instrumentthe person' s), or the entity upon behalf of which the person'- acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the Stateof California that the foregoing paragraphis true and correct.

WITNESS my hand and official seal.

BETH BRuLEv
Notary Public- California
Riverside County
Commission# Z2u417:
4%
47751
MyComm. ExpiresJul242022L1
SignatureAlvill16
Seal)
the aforesaid agreementandreferredto in the aforesaidCode of Civil ProcedureIn the sum of NineHundred Forty-ThreeThousandOne HundredDollars ($943, 100. 00) for materialsfurnishedor laborthereonof any kind, or for amountsdueunder the UnemploymentInsuranceAct
with respectto such
work

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State of California
County of Orange
On JAN 11 2019 before me, Kathy R. Mair, Notary Public DATE
Nameof NotaryPublicandTitle"NotaryPublic"]
personally appeared Mechelle Larkin
Name( s) of Signer( s)]
whoprovedto meonthebasisofsatisfactoryevidenceto betheperson(s) whosename(s) is/afe subscribedtothewithininstrumentandacknowledgedtomethathe/she/theyexecutedthesamein kris/ her/ their authorized capacity( 4es), and that by his/her/their signature(s) on the instrument the person( s),
ortheentityuponbehalfofwhichtheperson(s} acted, executedtheinstrument.

I certifyunderPENALTYOFPERJURYunderthelawsof theStateof Californiathatthe foregoing paragraph is true and correct.

KATHY R. MAIR WITNESS my hand and official seal.
a .. i NotaryPublic -California
OrangeCountyCommission #2193966
W132.,(A
MyComm. Expires May22, 2021
I
Signature of Notary • blic
Place Notary Seal Above

OPTIONAL
Thoughthissectionisoptional, completingthisinformationcandeteralterationofthedocumentor fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document:

Document Date: Number of Pages:

Signer( s) Other Than Named Above:

Capacity( ies) Claimed by Signer( s)
Signer' s Name: Mechelle Larkin Signer' s Name:

Corporate Officer— Title( s): Corporate Officer— Title( s):

Partner— Limited General Partner— Limited General Individual Attorney-in- Fact Individual Attorney- in-Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: Other:

Signer Is Representing: Signer is Representing:
ofPart4 of
Division3 of the CivilCode, soas to give a rightof action tothemor their assigns inanysuit brought upon this bond. Shouldthe conditionof this bondbe fully performed, thenthisobligationshall become null and void, otherwiseit shall be and remainin full force and effect.Thesuretyhereby stipulatesandagreesthatno change, extensionof time, alteration, oradditionto the termsof theagreementor thespecificationsaccompanyingthe sameshall in
any wayaffect its obligationson thisbond, and it doeshereby waivenotice of any such change, extensionof time,alteration,or addition.IN WITNESSWHEREOF, this Instrumenthas been duly executedby PrincipalandSurety above named,on January 11, 2019 LennarHomes of California, Inc.,a CaliforniacorporationThe Hanover InsuranceCompanyPRINCIPALSURETYBy: By: MechelleLarkin, Attorney- in- Fact SIGNATURE(S) MUSTBE NOTARIZEDDocumentNo. 16354(PWFORMSIBONDSd.&M1rev.0412017)Page i or i y attested by two Vice Presidents,this 8th day of February,2018.The HanoverInsuranceCompanyThe Hanover Insurance CompanyMassachusetts
Bay Instance CompanyCitizens Insurance
Companyu# America Ott. MassachusettsBay Insurance
Company p
y Citizens
Insurance Companyof Americait
c•-._ 2... of pb1Fari.
4!` g _/ John C. Roche, EVP and Presidentf%; James
H. Kawiecki,\' icePresident
THECOMMONWEALTHOF MASSACHUSETTS )COUNTY OF WORCESTER ss. On this 8th day of February, 2018 beforeme came the above named VicePresidentsof The HanoverInsurance Company, MassachusettsBay InsuranceCompanyand CitizensInsurance Companyof America, to me personally
known to be the individualsand officers described
herein, and acknowledged that
the seals affixed to the
preceding
instrument are the corporate
seals of The Hanover Insurance Company,Massachusetts
Bay Insurance Company
and
Citizens
InsuranceCompany
of
America,respectively,and that the said corporate seals and their signaturesas officerswere duly affixed
and subscribedto said
instrumentby the authorityanddirection of said Corporations.OWN J. MANINOlCOMIllilliOn N Tlinric J ; .t+ s, N. ri. PUN, NT, C rut _ len f 6> , tineuh 4, I, theundersignedVice Presidentof TheHanoverInsurance Company, MassachusettsBay InsuranceCompanyand Citizens InsuranceCompanyof America,herebycertify that the aboveand foregoingis a full, true and correct copyof the Original Power of Attorney issuedby said Companies,and do herebyfurther certify that the said Powersof Attorneyare still in force and effect.GIVEN undermy hand and the sealsof said
Companies,at Worcester,
Massachusetts, this day of JAN11 2019 CERTIFIEDCOPY
i; r . max, _ ,, nnxt: rrU. M> sr( irnz,
uiL'd ' nsi cit,' ,

10.17.b
Final Acceptance of Public Improvement - TM 20008
Packet Pg. 258

THE HANOVER INSURANCE COMPANY

MASSACHUSETTS BAY INSURANCE COMPANY

CITIZENS INSURANCE COMPANY OF AMERICA

POWER OF ATTORNEY
THIS Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.

KNOW ALL PERSONS BY THESE PRESENTS:

That THE HANOVER INSURANCE COMPANY and MASSACHUSETTSBAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire,and CITIZENS INSURANCECOMPANYOFAMERICA,a corporationorganizedand existing underthe laws of the State of Michigan,( hereinafter individually and collectively the" Company") does hereby constitute and appoint, Mechelle Larkin, My Hua, Kathy R. Mair, Kari Davis, Brenda Wong, Tenzer V. Cunningham, Martha Gonzales and/ or Joaquin Perez Of Marsh Risk& Insurance Services, Inc. of Los Angeles, CA each individually, if there be morethan one named, as its true and lawful attorney(s)-in- fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, any and all surety bonds, recognizances, undertakings, or other surety obligations. The execution of such surety bonds, recognizances, undertakings or surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company, in their own proper persons. Provided however,that this power of attorneylimits the acts of those named herein; and they have no authority to bind the Company except in the manner stated and to the extent of any limitation stated below:

RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and empowered to appoint Attorneys-in-fact of the Company, in its name and as it acts,to execute and acknowledge for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys- in-fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons.

The Hanover Insurance Company The Hanover Insurance CompanyMassachusetts Bay Insurance company wa Massachusetts Bay Insurance Company
Citizens Insurance Company of America
xj .,,.
x ,,,
rCp y,
W}. Citizens Insurance Company of America
S^' BEALt.,\' 19T' 1
rte, 10/ 4
John C. Roche, EVP and President W.#
iy``''
V
James H. Kavviecki, Vice President

THE COMMONWEALTH OF MASSACHUSETTS )
COUNTY OF WORCESTER ss.

DIANE J. MARINO
t,,_„ t, i /' , Nk, raQ., P„ h
hC in ,, f F$ es\ t. x h 4.'_ it_''_
I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect.

GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this day of JAN 11 2019 CERTIFIED COPY 7---
Theextere tf. Martinez, Vice President,` t

10.17.b
Final Acceptance of Public Improvement - TM 20008
Packet Pg. 259
Executed in Triplicate
Bond No.: 1074006- M
Contract No.:

Approved:

WARRANTY BOND Premium: Included in Performance Bond
Tract Map No. 20008 The Landings- Bouma
WHEREAS, theCityCouncilof the Cityof Chino, Stateof California, hereinafterdesignatedas CITY" and LENNAR HOMES OF CALIFORNIA, INC. a California Corporation, hereinafterdesignated as " PRINCIPAL," have entered into an agreement whereby Principal has agreed to warrant and guarantee the Installation, completion, and maintenance of certain designated public improvements, whichsaid agreement, dated January 15th, 2019, and identified as Project No, Tract Map No. 20008, is herebyreferredto and madea part hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the warrantyof said improvements.

NOW, THEREFORE, we, the Principal, and The Hanover Insurance Company , as surety, are heldandfirmlybounduntothe Cityof Chinoin the penalsumof OneHundredEighty-EightThousand Six Hundred Dollars ($ 188,600.00) lawful moneyof the United States,for the paymentof which sum well andtrulytobemade,webindourselves, ourheirs, successors,executors,andadministrators,jointlyand severally, firmly by these presents.

The conditionof this obligationis suchthat if the aboveboundPrincipal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to' and abide by, and well and truly keep and perform the covenants, conditions, and provisions in said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed thereof made as therein provided, on hisor its part,to be keptand performedat thetimeand in the mannerthereinspecified, and inall respects accordingto theirtrueintentandmeaning, andshallindemnifyandsaveharmlessCity, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain In full force and effect.

As a part of the obligationsecured hereby, and in additionto the face amount specified therefor, there shall be included costs and reasonableexpenses and fees including reasonable attorneys' fees, incurredbytheCityinsuccessfullyenforcingsuchobligation, alltobetaxedascostsandincludedinany Judgment rendered.

The surety herebystipulatesand agreesthat no change, extensionof time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanyingthesameshallinanywayaffectitsobligationsonthisbond, andit doesherebywaive noticeof anysuchchange, extensionof time, alteration, oradditionto thetermsof theagreementor to the work or to the specifications.

IN WITNESSWHEREOF,this instrumenthas been duly executedby Principaland Surety above named, on January 11, 2019
Lennar Homes of California, Inc.,
a California corporation The Hanover Insurance Company
PRINCIPAL S . RE1Y
By: By:

Mechelle Larkin, Attorney- in-Fact

SIGNATURE( S) MUST BE NOTARIZED
Document No. 19808( PWFORNSTONDS- Warrantyttev. 042017) Page 1 of i 8th day of February, 2018.The Hanover Insurance
Company TheHanover InsuranceCompany MassachusettsBayInsurance companywa Massachusetts Bay Insurance Company Citizens Insurance Companyof America xj .,,. x ,,, rC p y, W}. CitizensInsuranceCompanyof AmericaS^' BEAL t.,\' 19T' 1 rte, 10/ 4 John C. Roche,EVP and PresidentW.#iy``'' V James H.

Kavviecki,Vice President THE COMMONWEALTHOF MASSACHUSETTS ) COUNTYOF WORCESTERss. On this 8th day of February,
2018 before me camethe
above
named
VicePresidentsof
The Hanover Insurance Company, MassachusettsBay
Insurance Companyand CitizensInsurance
Company of America,
to me personally known to be the
individuals
and
officers describedherein, and acknowledged
that the seals affixed
to the preceding instrument
are the corporatesealsof The HanoverInsuranceCompany,MassachusettsBay InsuranceCompanyand Citizens InsuranceCompanyof America, respectively, and that the said corporateseals and their signaturesas officerswereduly affixed andsubscribedto said instrumentby the authorityand direction of saidCorporations.DIANE J. MARINOt,,_„ t, i /' , Nk, raQ., P„ h hC in ,, f F$ es\ t. x h 4.'_ it_''_ I, the undersignedVice President of The HanoverInsuranceCompany, MassachusettsBay InsuranceCompany andCitizens InsuranceCompanyof America,hereby certify that the aboveand foregoing is a full,true and
correct copyof
the OriginalPower of Attorneyissuedby
said Companies, and do herebyfurthercertifythatthe said Powersof Attorney are still in forceand effect. GIVEN under my hand and the seals of said Companies, at Worcester,Massachusetts,this day of JAN 1 1 2019CERTIFIEDCOPY7--- Theexteretf. Martinez,VicePresident,`t

10.17.b
Final Acceptance of Public Improvement - TM 20008
Packet Pg. 260
California All- Purpose
Certificate of Acknowledgment
CIVIL CODE 1189
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 Calirnia
County of weluft
BROnJlALM( 1, " t I before me, c I. C/41 l,(, Rofct.

Rir".
4tuilc
personally appeared Ge
who proved to me on the basis of satisfactory evidence to be the person' 4 whose names) is/ate subscribedto the within instrumentandacknowledgedto methat he/sire/they executedthe samein his/ ham/ tlteir authorized capacity( i , and that by his/s/ their signature} on the instrumentthe person, or the entity upon behalf of which the person.) acted, executedthe instrument.

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

WITNESS my hand and official seal.
r;, BETH BRui_ EU
ll\ Notary Public- California
Na, i.- Riverside County
f),,
y
Commission,
County
2247751
My Comm. ExpiresJul 24, 2022
Signature - IN 'iNit
Seal)
presents.The conditionof thisobligation
is suchthat if theabovebound Principal, his or its heirs, executors,administrators, successors, or assigns, shall in all thingsstandto' and abideby, and well andtruly keep and perform the
covenants,conditions,and provisions
in

10.17.b
Final Acceptance of Public Improvement - TM 20008
Packet Pg. 261
W,;

State of California
County of Orange
On JAN 11 2019 before me, KathyR. Mair, NotaryPublicDATE NameofNotaryPublicandTitle"NotaryPublic")
personally appeared Mechelle Larkin
Name( s) of Signer( s)]
whoprovedtomeonthebasisofsatisfactoryevidencetobetheperson(s) whosename(s) is/are subscribedtothewithininstrumentandacknowledgedtomethathe/she/theyexecutedthesamein his/ her/ their authorized capacity( ies), and that by his/her/their signature(s) on the instrumentthe person( s), ortheentityuponbehalfofwhichtheperson(s) acted, executedtheinstrument.

I certifyunderPENALTYOFPERJURYunderthelawsof theStateof Californiathattheforegoing paragraph is true and correct.

KATHY R. MAIR WITNESS my hand and official seal.
i. NotaryPublic- California
z 0, 4-, Orange County iZ `
Commission# 2193966 1.

My Comm. Expires May 22,
6 gr A / I
V\ 012--QASignature of Nota Public
Place Notary Seal Above

OPTIONAL
Thoughthissectionisoptional, completingthisinformationcandeteralterationofthedocumentor fraudulentreattachmentofthisformtoanunintendeddocument.

Description of Attached Document
Title or Type of Document:

Document Date: Number of Pages:

Signer( s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer' s Name: Mechelle Larkin Signer' s Name:

Corporate Officer— Title( s): Corporate Officer— Title( s):

Partner— Limited General Partner— Limited General Individual Attorney- in- Fact Individual Attorney- in-FactTrustee Guardian or Conservator Trustee Guardian or Conservator Other: Other:

Signer Is Representing: Signer is Representing:
ing reasonableattorneys' fees, incurred by the City in
successfullyenforcingsuchobligation, all to be taxed as costs andincludedin anyJudgmentrendered.The surety herebystipulatesand agreesthatno change, extensionof time, alteration, or addition to the terms of the agreementor to the work to beperformedthereunderorthe specificationsaccompanyingthe sameshallin any wayaffectits obligationsonthis bond, and
it does herebywaive noticeof any suchchange, extensionof time, alteration, or addition to the terms of the agreement or to the work or to the specifications.IN WITNESSWHEREOF, this instrumenthas beendulyexecutedby PrincipalandSurety abovenamed, on January11, 2019LennarHomes of California, Inc.,a CaliforniacorporationTheHanoverInsuranceCompanyPRINCIPALS .RE1YBy: By:MechelleLarkin, Attorney-in- Fact SIGNATURE(S) MUSTBE NOTARIZED
DocumentNo. 19808( PWFORNSTONDS-Warrantyttev.042017) Page1 of i 8th day of February, 2018. The Hanover InsuranceCompany
The Hanover InsuranceCompany Massachusetts
BayInsurance company wa MassachusettsBay Insurance
Company CitizensInsurance
Company of
America xj .,,. x ,,, rC p
y, W}. Citizens InsuranceCompany
of AmericaS^' BEAL t.,\' 19T' 1 rte, 10/ 4
John C. Roche, EVP and President W.# iy``''
V JamesH. Kavviecki,Vice President THECOMMONWEALTH
OF MASSACHUSETTS )COUNTY OF WORCESTER ss. On this 8th day of February,2018 before me camethe abovenamed Vice Presidentsof TheHanoverInsuranceCompany,MassachusettsBay InsuranceCompanyand CitizensInsuranceCompanyof America,to me personallyknown to
be the individuals and officers described herein, andacknowledged that the seals affixed to the preceding instrument
are the corporate sealsof
The
Hanover
InsuranceCompany,Massachusetts
Bay Insurance Company and CitizensInsurance
Company ofAmerica, respectively,and
that the said
corporatesealsand their signaturesas officers
were
duly
affixed and subscribed to said
instrumentby the authority
and directionof said
Corporations.DIANEJ. MARINOt,,_„t, i /' , Nk, raQ., P„ h hC in ,, f F$ es\t. x h 4.'_ it_''_ I, the undersignedVice Presidentof The HanoverInsurance Company, MassachusettsBay InsuranceCompanyandCitizensInsurance Companyof America, hereby certifythat the aboveand foregoingis a full, true and correctcopy of theOriginalPower of Attorney issued by said Companies,and do hereby further certifythat the said Powersof Attorneyare still in force and effect.GIVEN undermy hand and the seals of said Companies,at Worcester,Massachusetts,this dayof JAN 1 1 2019
CERTIFIEDCOPY7--- Theexteretf. Martinez,Vice
President,`t

10.17.b
Final Acceptance of Public Improvement - TM 20008
Packet Pg. 262

THE HANOVER INSURANCE COMPANY

MASSACHUSETTS BAY INSURANCE COMPANY

CITIZENS INSURANCE COMPANY OF AMERICA

POWER OF ATTORNEY
THIS Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.

KNOW ALL PERSONS BY THESE PRESENTS:

That THE HANOVER INSURANCE COMPANYand MASSACHUSETTSBAY INSURANCE COMPANY, both being corporations organized and existing under the lawsof the State of New Hampshire, and CITIZENS INSURANCECOMPANYOFAMERICA,a corporationorganizedand existingunderthe laws of the State of Michigan,( hereinafter individually and collectively the" Company") does hereby constitute and appoint, Mechelle Larkin, My Hua, Kathy R. Mair, Kari Davis, Brenda Wong, Tenzer V. Cunningham, Martha Gonzales and/ or Joaquin Perez Of Marsh Risk& Insurance Services, Inc. of Los Angeles, CA each individually, if there be more than one named, as its true and lawful attorney(s)-in- fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, any and all surety bonds, recognizances, undertakings, or other suretyobligations. The execution of such surety bonds, recognizances,undertakingsorsuretyobligations,in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company, in their own proper persons. Provided however,that this power of attorney limitsthe acts of those named herein; and they have no authority to bind the Company except in the manner stated and to the extent of any limitation stated below:

Any such obligations in the United States, in any amount That this power is madeand executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said Company, and said Resolutions remain in full force and effect:

RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and empoweredto appoint Attorneys-in-fact of the Company, in its name and as it acts,to execute and acknowledge for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys- in-fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons.

RESOLVED: That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed bythe President or Vice President in conjunctionwith any Vice President of the Company, shall be binding onthe Companyto the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile.

Adopted October 7, 1981 — The Hanover Insurance Company; Adopted April 14, 1982— Massachusetts Bay Insurance Company; Adopted September 7, 2001 — Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANYOF AMERICA have causedthese presents to be sealedwith their respective corporateseals, dulyattestedbytwoVice Presidents,this 8th day of February, 2018.

The Hanover Insurance Company
Massachusetts Bay lrssutrance Company
The Hanover Insurance Company
Citizens Insurance Company of America or
Massachusetts Bay Insurance Company
Fqp*,,-(, Citizens Insurance Company of America
t',...
j1912 ) 1
S+y , Q
914
w... w:* s i = ` _~. e• e_.. . s- e..-P'
John C Roche_ EVP and President 4.1c40,?'7
James H. Kawiecki. \ iice President.

THE COMMONWEALTH OF MASSACHUSETTS )
COUNTY OF WORCESTER ss.

DIANE. 1. MARINO
a. n vuexa
91J/ W
M 070MVpWl1 EapYM C1 cx ie 3 3 eo. N4, 13. 1> POhl
I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect.

GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this day of JAN 11 2019

CERTIFIED COPY
ttic wlerc( 3 ivlart€ nez, Vacc C'rc.( ideot

10.17.b
Final Acceptance of Public Improvement - TM 20008
Packet Pg. 263
Executed in Triplicate
BOND NO. 1074007
Premium $ 112. 00/ annum

MONUMENTATION BOND

FOR SUBDIVISIONS
KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, Lennar Homes of California, Inc. 980 Montecito, Suite 302, Corona, CA 92879
hereinafter called SUBDIVIDER, is the developer of that certain subdivision known as The Landings- Bouma Tract 20008 and WHEREAS, all monuments have not yet been set in the positions noted in the proposed Final Subdivision Map for said subdivision, NOW, THEREFORE, we the subdivider as Principal, and The Hanover Insurance Company 440 Lincoln Street, Worcester, MA 01653
Legal Title and Address of Surety)
as Surety, are held and firmly bound unto the City of Chino, 13220 Central Avenue, Chino, CA 91710 in the sum of
Thirty seven thousand four hundred and 00/ 100 Dollars 37, 400. 00 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns, or any or all or either of them, shall fail to pay any engineer or surveyor for the setting monuments in the positions noted in the proposed Final Subdivision Map for said subdivision in accordance with the provisions of Government Code Sec. 66495 et. seq., then said Surety will pay the same in an amount not exceeding the amount hereinabove set forth.

IT IS HEREBY EXPRESSLY STIPULATED AND AGREED that this Bond shall insure to the benefit of any and all persons, companies, and corporations entitled to file claims against it, pursuant to Government Code Sec. 66497.

Should the condition of this Bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or Contract, or to the work to be performed thereunder, shall in any way affect its obligations on the Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or Contract.

IN WITNESS WHEREOF this Instrument has been duly executed by the Principal and Surety above named on January 11 20 19
Principal Surety
Lennar Homes of California, Inc.,
a California corporation The Hanover/ Insurance Company By: By: V V(
Mechelle Larkin
Attorney- In- Fact
RESOLVED:Thatany and all Powersof Attorneyand CertifiedCopiesof suchPowersof Attorneyand certificationin respectthereto, grantedand executed by the Presidentor Vice Presidentin conjunctionwith any Vice Presidentof the Company,shall bebinding on the Companyto the same extentas if all signaturestherein were manually affixed, even thoughoneor moreof any suchsignatures thereonmaybe facsimile. AdoptedOctober7, 1981 —TheHanoverInsuranceCompany;Adopted April14, 1982—MassachusettsBayInsuranceCompany;Adopted September7, 2001 — CitizensInsuranceCompanyof America)IN WITNESSWHEREOF,THE HANOVERINSURANCECOMPANY,MASSACHUSETTSBAY INSURANCE COMPANY and CITIZENS INSURANCECOMPANY OF AMERICA have caused these presents to be sealed with their respective corporateseals, duly attested by twoVice
Presidents,this 8th day of February, 2018. The HanoverInsurance Company MassachusettsBay lrssutrance Company TheHanover InsuranceCompanyCitizensInsuranceCompanyof Americaor MassachusettsBay InsuranceCompanyFqp*,,-(, CitizensInsuranceCompanyof America t',... j1912 ) 1 S+y , Q
914 w... w:* s
i = ` _~. e• e_.. . s-
e..- P' John C
Roche_ EVP and President4. 1c40,?'
7 JamesH. Kawiecki. \
iice President. THE COMMONWEALTH OF MASSACHUSETTS )
COUNTY

OF WORCESTER
ss.On this
8th
day of February, 2018 beforeme cametheabove
named VicePresidents of The Hanover InsuranceCompany,Massachusetts Bay InsuranceCompany and Citizens
InsuranceCompany of America,
to me personally known
to be the individualsandofficers describedherein, and acknowledgedthat the seals affixedto theprecedinginstrumentare the corporate sealsof The HanoverInsuranceCompany, MassachusettsBayInsurance Companyand Citizens InsuranceCompanyof America,respectively,and that the said corporateseals and theirsignaturesas officerswereduly affixed and subscribedto said instrumentby the authority and direction of said Corporations.DIANE.

1. MARINO a. n vuexa 91 J/ W M 070MVpWl1EapYM C1 cx ie 3 3 eo. N4, 13. 1> POhlI, the undersignedVice Presidentof The HanoverInsurance Company, MassachusettsBay Insurance Companyand
CitizensInsuranceCompany
ofAmerica,hereby
certifythat the aboveand foregoingis a full, true andcorrectcopy ofthe Original Powerof Attorneyissuedby said Companies, and do hereby further certifythat the said Powers of Attorneyare still in force and effect. GIVENundermy handand the seals of said Companies,at Worcester, Massachusetts,this dayof JAN 1 1 2019 CERTIFIEDCOPY ttic wlerc(3 ivlart€ nez,Vacc C' rc.( ideottinez, Vice President,` t

10.17.b
Final Acceptance of Public Improvement - TM 20008
Packet Pg. 264
California All- Purpose
Certificate of Acknowledgment
CIVIL CODE 1189
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 Calffornia
County of ', fJ
On Tangy 1 Doi I before me, -- 6,4)", 1-(,t t- C do personally appeared 6036cel 1117 I 1
who proved to me on the basis of satisfactory evidence to be the person7` s) whose names . is/ ate subscribed to the within instrument and acknowledged to me that hels'hel7hey executed the same in his1lr&/ glair authorized capacityts), and that by his7ter/ t it signature1 on the instrument the persons), or the entity upon behalf of which the personas))acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the Stateof California that the foregoing paragraphis true and correct.

WITNESS my hand and official seal. BETH BRULEY
ti Notary Public- California
re-.`
rjr' Riverside County
Commission a 2247751
r'
My Comm. ExpiresJul 24, 2022
Signature 11t,\;
Seal)
eq.,
then saidSurety
will
pay the samein anamount
not exceedingthe amount hereinaboveset forth. IT IS HEREBYEXPRESSLYSTIPULATEDANDAGREEDthat this Bondshall insureto thebenefitof any andall persons,companies, andcorporations entitled to file claims
against it, pursuant to
Government

10.17.b
Final Acceptance of Public Improvement - TM 20008
Packet Pg. 265

State of California
County of Orange
On JAN 11 N19 before me, Kathy R. Mair, Notary PublicDATE NameofNotaryPublicandTitle"NotaryPublic"]
personally appeared Mechelle Larkin
Name( s) of Signer( s)]
whoprovedtomeonthebasisofsatisfactoryevidencetobetheperson(s) whosename(s) is/ace subscribedtothewithininstrumentandacknowledgedtomethathe/she/theyexecutedthesamein h-is/ her/ their authorized capacity(+ es), and that by his/her/their signature(s) on the instrumentthe person( s), ortheentityuponbehalfofwhichtheperson(s) acted, executedtheinstrument.

I certifyunderPENALTYOFPERJURYunderthelawsoftheStateofCaliforniathattheforegoing paragraph is true and correct.

Lait„. KATHY R. MAIR WITNESS my hand and official seal.

NotaryPublic- California
z VPOrange CountyZ eirA '''
Commission # 2193966 D r
MyA2M2( 2.A.

AC
Comm.ExpiresMay22,2021
Signator- of Not. A Public
Place Notary Seal Above

OPTIONAL
Thoughthissectionisoptional, completingthisinformationcandeteralterationofthedocumentor fraudulentreattachmentofthisformtoanunintendeddocument.

Description of Attached Document
Title or Type of Document:

Document Date: Number of Pages:

Signer( s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer' s Name: Mechelle Larkin Signer' s Name:

Corporate Officer— Title( s): Corporate Officer— Title( s):

Partner— Limited General
Individual
Partner— 111Limited General
Attorney- in- Fact Individual Attorney-in-FactTrustee Guardian or Conservator Trustee El Other:

Guardian or Conservator
Other:

Signer Is Representing: Signer is Representing:

January11 20 19 PrincipalSuretyLennarHomesof California, Inc., a CaliforniacorporationThe Hanover/ InsuranceCompanyBy: By: V V( MechelleLarkinAttorney-In- Fact RESOLVED:Thatany and all Powers of Attorneyand CertifiedCopies of suchPowers of Attorneyand certificationin respectthereto, granted and executed by the Presidentor VicePresidentin conjunctionwith any Vice President of the Company,shall
be binding
on the Companyto the
sameextent as if all signatures therein
were manually affixed, even
though one
or moreof
any suchsignaturesthereon maybe facsimile.AdoptedOctober 7, 1981 —The HanoverInsuranceCompany; AdoptedApril 14, 1982— MassachusettsBay InsuranceCompany;Adopted September7, 2001 —CitizensInsurance Companyof America)IN WITNESS WHEREOF, THE HANOVERINSURANCECOMPANY,MASSACHUSETTSBAYINSURANCECOMPANYand CITIZENSINSURANCECOMPANYOF AMERICAhave causedthese presentsto be sealed withtheir respectivecorporateseals, dulyattestedby twoVice Presidents,this 8th day of February,2018. The HanoverInsuranceCompanyMassachusettsBay lrssutranceCompany The HanoverInsuranceCompanyCitizensInsurance Companyof America or MassachusettsBay InsuranceCompanyFqp*,,-(, CitizensInsuranceCompanyof Americat',... j1912 ) 1 S+ y , Q 914 w... w:* s i = ` _~. e• e_.. . s- e..- P' JohnC Roche_ EVP and President4. 1c40,?' 7 James H. Kawiecki. \
iicePresident. THE COMMONWEALTHOF MASSACHUSETTS )COUNTY OF WORCESTERss. On this 8th day of February,2018 beforeme came the abovenamedVice Presidentsof The Hanover InsuranceCompany,MassachusettsBayInsuranceCompanyand CitizensInsuranceCompany of America, to
me personally known to
be the individuals and
officers described herein, and
acknowledged that the seals affixed to
the precedinginstrument are
the corporate seals of The Hanover
Insurance
Company, Massachusetts
BayInsuranceCompany
and
Citizens InsuranceCompany of America,respectively, andthatthe said corporateseals and their signatures asofficerswere duly affixedand subscribedto
said instrument by the
authority and direction of
saidCorporations.DIANE.1. MARINOa. n vuexa 91 J/ W M 070MVpWl1EapYMC1 cx ie 3 3 eo. N4, 13. 1> POhl I, the undersignedVice Presidentof TheHanoverInsurance Company, MassachusettsBayInsuranceCompany and Citizens Insurance Companyof America, hereby certifythat the aboveand foregoing is a full, true and correctcopy of the Original Power of Attorney issued by said Companies,and dohereby further certifythat the said Powers of Attorneyare still in force and effect.GIVEN undermy hand and the sealsof said Companies,at Worcester, Massachusetts,this day of JAN
1 1 2019
CERTIFIEDCOPYttic
wlerc(3 ivlart€ nez, Vacc C' rc.( ideot tinez, Vice President,`t

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Final Acceptance of Public Improvement - TM 20008
Packet Pg. 266

THE HANOVER INSURANCE COMPANY

MASSACHUSETTS BAY INSURANCE COMPANY

CITIZENS INSURANCE COMPANY OF AMERICA

POWER OF ATTORNEY
THIS Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.

KNOW ALL PERSONS BY THESE PRESENTS:

ThatTHEHANOVERINSURANCECOMPANYandMASSACHUSETTSBAYINSURANCECOMPANY,bothbeingcorporationsorganizedandexisting under the lawsof the State of New Hampshire,and CITIZENS INSURANCECOMPANYOFAMERICA,a corporationorganizedandexistingunderthe laws of the State of Michigan,( hereinafter individually and collectively the" Company") does hereby constitute and appoint, Mechelle Larkin, My Hua, Kathy R. Mair, Kari Davis, Brenda Wong, Tenzer V. Cunningham, Martha Gonzales and/or Joaquin Perez Of Marsh Risk& Insurance Services, Inc. of Los Angeles, CA each individually, if there be more than one named, as its true and lawful attorney(s)-in- fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, any and all surety bonds, recognizances,undertakings, or other suretyobligations. The execution of such surety bonds, recognizances,undertakingsor suretyobligations,in pursuance of these presents,shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company, in their own proper persons. Provided however, that this power of attorney limits the acts of those named herein; and they have no authority to bind the Company except in the manner stated and to the extent of any limitation stated below:

RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and empowered to appoint Attorneys-in-fact of the Company, in its name and as it acts,to execute and acknowledge for and on its behalf as surety, any and all bonds, recognizances,contracts of indemnity,waivers of citation and all other writings obligatory in the nature thereof, with powerto attach thereto the seal of the Company. Any such writings so executed by such Attorneys-in-fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularlyelected officers of the Company in their own proper persons.

RESOLVED: That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed bythe President or Vice President in conjunctionwith anyVice President of the Company,shall be binding onthe Companytothe same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile.

Adopted October 7, 1981 — The Hanover Insurance Company; Adopted April 14, 1982— Massachusetts Bay Insurance Company; Adopted September 7, 2001— Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANYOF AMERICA have caused these presentsto be sealed with their respective corporate seals, dulyattestedbytwoVice Presidents,this 8th day of February, 2018.

The Hanover Insurance Company
Massachusetts Bay lnstfance Company The Hanover Insurance Company Citizens Insurance Company of America CiC( iye
Massachusetts Bay Insurance Company
y,`
p Citizens Insurance Company of America
I9f2 A SEAL.

C
r x2 rte. ,
John C. Roche, EVP and President James H. Kavueekr. Vice President

THE COMMONWEALTH OF MASSACHUSETTS )
COUNTY OF WORCESTER ss.

On this 8th day of February, 2018 before me came the above named Vice Presidents of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens InsuranceCompanyof America, respectively,and that the said corporate seals and their signaturesas officersweredulyaffixedandsubscribedto said instrument by the authority and direction of said Corporations.

DIANE. 1. MANINO
HCl tall- L`si,</
sof Commission M
v ane t to, A rt'; P, 4hla.

NI C t 1 vn i P cs tin: r h 4. 2ufl2
I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, herebycertify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect.

GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this day of JAN 11 2019

CERTIFIED COPY
4 :.
ttttxxtCrc t; Martinez, Vic*: President ,'

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Final Acceptance of Public Improvement - TM 20008
Packet Pg. 267

PROACTIVE

ENGINEERING CONSULTANTS
a different kind of company
July 30, 2018
City of Chino
Public Works Department
13220 Central Ave
Chino CA. 91710
RE: Final Monumentation— Tract Map No. 20008
Dear Sir or Madam:

In accordancewith Section 66496 of the Subdivision Map Act of the Stateof California I herebyrequestthat theplacementof the fmal monumentationfor Tract Map No. 20008 be deferred until 1 year after acceptance of all improvements associated with the above- referenced Map.

Thecostfor settingall monumentsasnotedon TractMap No. 20008will be $37,400.

This amount should be placed on deposit/ bond by the developer to guarantee payment for fmal monumentation and centerline ties.

I understand that in accordance with the Subdivision Map Act, should I be unable to collectpaymentfor settingthe fmal monumentation, I canmakedemandon the depositin this amount and acknowledge that it is my obligation to set all monuments and submit all required centerline ties.
o
SAND
3UR,Sincerely,
t,' '
5 J.

MOF,L
JUQ-
13° 73
in
t'l. / 44".---- L. S. 9106
Charles Jason Moore, L. S. 9106 0), X0
Director, Survey and Mapping
91*
OF L\Fd -
Proactive Engineering Consultants, Inc.
951) 280- 3317
200 South Main Street, Suite 300
Corona CA 92882
T: 951/ 280. 3300
F: 951/ 280- 0279
iww. proactiveengineering. net
such
obligationsin the United
States,

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Final Acceptance of Public Improvement - TM 20008
Packet Pg. 268
RESOLUTION NO 2015- 078

EXHIBIT C
si': ir r, I T\ OF ( I I I N()
i ENGINEERING COST ESTIMATE
PROJECT NO: Tract NO. 20008( PUBLIC PLANS)d.-
LOCATION: BICKMORE AVENUE/ RINCON MEADOWS AVENUE
By: PROACTIVE ENGINEERING
DATE: 16- Nov- 18
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
LS Traffic Control( 5% of construction cost) 5% $ 13, 873. 66 LS Clear& Grub Site( 5% of construction cost) 5%, $ 13, 873. 66 EA Tree Removal 800. 00 $
CY Concrete Removal 300. 00 $
161 CY AC Pavement Removal 100. 00 $ 16, 100. 00
LS Excavation( Clean Material)( 5% of Construction Cost)_ 5% $ 13, 873. 66 CY Imported Common Fill( Incl. Compaction) 34. 00 $
SF Preparation of Subgrade 1.00 $
582 LF PCC 8" Curb& 24" Gutter 23. 00 $ 13, 386. 00
110 LF PCC Curb Only 20. 00 $ 2, 200. 00
LF 8" A. C. Berm 20. 00 $
1081 SF 8" PCC Cross Gutter 11. 00 $ 11, 891. 00
8548 SF , 4" PCC Sidewalk 5. 80 $ 49, 578. 40
SF 6" PCC Thick Drive Approach 7. 40 $
SF 8" PCC Thick Drive Approach 9. 00 $
LF 2" x 6" Redwood Header 5. 00 $
EA Street Sign 475. 00 $
EA Traffic Sign and Post 400. 00 $
EA Reflector Sign and Post 175. 00 $
EA Painted Legend 6. 50 $
SF Prime or Tack Coat 0. 05. $
TON AC Variable-< 300T 90. 00 $
414 TON AC Variable-> 300T 80. 00_$ 33, 120. 00
EngCostEstimate Page 1 of 14 Effective Date: January 1, 2016

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Final Acceptance of Public Improvement - TM 20008
Packet Pg. 269
RESOLUTION NO 2015- 078

EXHIBIT C
11' 1 0r ( IIINO
14 ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 20008( PUBLIC PLANS)
LOCATION: BICKMORE AVENUE/ RINCON MEADOWS AVENUE
By: PROACTIVE ENGINEERING
DATE: 16- Nov- 18
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
TON , CAB Variable-< 300T 75. 00 $
490 TON CAB Variable-> 300T 65. 00 $ 31, 850. 00
EA Adjust Sewer Manhole to Grade 665. 00 $
LS Mobilization 5% $ 13, 873. 66
EA Adjust Sewer Cleanout to Grade 350. 00 $
EA Adjust Water Valve to Grade 265. 00 $
2 EA Street Light( City Owner) 6, 700. 00, $ 13400. 00 EA Lot Monument Setting Fee 550. 00 $
7445 SF SawcutA. C. 3. 00_ $ 22, 335. 00
LF Sawcut Concrete 3. 00 $
4310 SF Cold PlanE A. 0( 5 foot wide) 0. 28, $ 1, 206. 80 LF Signing& Striping for
Arterial 19. 00 $
4425 LF Collector 13. 00 5 57, 525. 00
Local 7. 00 $
EA Traffic Signal( 8- Phase Controller) 5 250, 000. 00 $ EA Modify existing Traffic Signal per Quadrant 50, 000. 00 $ LF Chain Link Fence
4 foot Residential Grade( Add$ 7. 00/ LF for Removal
of Existing Fence) 5 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 14 Effective Date: January 1, 2016 t, be and theyherebyare
authorized and empoweredto appoint Attorneys- in- fact of the

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Final Acceptance of Public Improvement - TM 20008
Packet Pg. 270
RESOLUTION NO 2015- 078

EXHIBIT C
I
ti ENGINEERING COST ESTIMATE
r "':

PROJECT NO: Tract No. 20008( PUBLIC PLANS)
LOCATION: BICKMORE AVENUE/ RINCON MEADOWS AVENUE
By: PROACTIVE ENGINEERING
DATE: 16- Nov- 18
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
Landscape( Including sh ,
ectionGround Cover, Lighting, InstallationrubsHardscapeLabor,andIrrigationConn SF to Existing Systems) 10. 00 $
14 LF
Hardscapefoot ,CurbMedianwith,
Gutter
8LandscapePavementIrrigation,
Lighting,
300. 00 $
Rail Road Crossing
Safety Equipment( Complete Including Crossing
LS Gates, Signs, and Lights) 400, 000. 00 $
SF Track Crossing( Concrete) 150. 00 $
SF Approach 2. 25 $
2 EA S. W. Ramps( A. D. A. Compliant) 4, 000. 00 $ 8, 000. 00 EA Traffic Signal Loops 400. 00 $
698 LF Remove Existing A. C. Berm 2. 00 $ 1, 396. 00 598 LF Remove Chain Link Fence 7. 50 $ 4, 485. 00
1 EA Construct Local Depression 2, 000. 00 $ 2, 000. 00 Remove Existing Power Pole and Underground Electrical
3 EA Lines( By Others) 3, 000. 00 $ 9, 000. 00
1 EA Remove Existing Irrigation Water Valve& Sign 250. 00 $ 250. 00 54 LF Remove Existing Gate 10. 00 $ 540. 00
1 EA Remove Existing Turn Only Sign 150. 00 $ 150. 00 3 EA Relocate Existing" No Stopping" Sign to behind New Curb $ 150. 00 $ 450. 00 3 EA Remove& Relocate Existing No Stopping Sign 500. 00, $ 1, 500. 00 2 EA Install Pavement Markings 250. 00 $ 500. 00
Remove Existing Striping, Legends, and Pavement
7 EA Markers 100. 00 $ 700. 00
1 EA install No Stopping Sign 250. 00 $ 250. 00
STREET SUBTOTAL 337, 307. 84
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EngCostEstimete Page 3 of 14 Effective Date: January 1, 2016

TIZENS INSURANCECOMPANYOF
AMERICAhave causedthese presentsto besealedwith their respectivecorporateseals,duly attestedby two Vice Presidents, this 8th day of February,2018. TheHanover InsuranceCompany MassachusettsBaylnstfanceCompanyTheHanover InsuranceCompany CitizensInsuranceCompanyof AmericaCiC( iyeMassachusettsBay InsuranceCompanyy,` p Citizens InsuranceCompanyof America I9f2A SEAL. C r x2 rte. ,JohnC. Roche,EVP and PresidentJamesH.Kavueekr. Vice PresidentTHE COMMONWEALTHOF MASSACHUSETTS )COUNTYOF WORCESTERss. Onthis 8th day of February,2018before me came the above named Vice Presidents of The HanoverInsuranceCompany, Massachusetts Bay Insurance Company and Citizens InsuranceCompany of America, to mepersonally
knownto be the individuals and officers described herein,and acknowledged that the seals affixed to the precedinginstrumentare the corporatesealsof The HanoverInsurance Company,MassachusettsBay InsuranceCompanyandCitizensInsurance Companyof America, respectively,and that
the said corporate seals
and their signatures as officerswere duly affixed
and subscribed to said instrument by the
authority and direction of
said
Corporations. DIANE. 1. MANINO HCl tall-
L` si,</ sof
Commission
M v ane
t to, A rt'; P, 4hla. NI C t 1 vn
i P cs tin:
r h 4. 2ufl2
I, the undersignedVicePresidentof The HanoverInsuranceCompany, MassachusettsBay InsuranceCompanyand CitizensInsuranceCompany of America, hereby certifythat the aboveand foregoing is a full, trueand correct copy of theOriginalPower of Attorneyissued by said Companies, and do herebyfurther certifythat the said Powersof Attorney are stillin force and effect. GIVEN undermy hand and the seals of saidCompanies,at Worcester,Massachusetts,thisday of JAN 11 2019CERTIFIEDCOPY4 :. ttttxxtCrct; Martinez,Vic*:President ,'

10.17.b
Final Acceptance of Public Improvement - TM 20008
Packet Pg. 271
RESOLUTION NO 2015- 078

EXHIBIT C
iii,,,, I i \ OI (' I( INO
6,
ENGINEERING COST ESTIMATEit
PROJECT NO: Tract No. 20008( PUBLIC PLANS)
LOCATION: BIC KMORE AVENUE! RINCON MEADOWS AVENUE
By: PROACTIVE ENGINEERING
DATE: 16- NOV- 18
Quantity Unit Item Unit Total Cost
Price Per Item
4,.,-„,,,,-,
744. g.::.
q"--^ y .
fid. AFI' n5' ayr----- 747, orf , a p 5 s ' Ire; ;,--- a,, } sr.'$§
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t# E
1 2 ,#
Pi ?;
r i;. . t. ytl.
lr ,; t 3 ,,,_ r7 c T r lr h+ wsNHYrti E 0
GRAND TOTAL STREETS ONLY 398, 023. 25
EngCostEstimate Page 4 of 14 Effective Date: January 1, 2016

10.17.b
Final Acceptance of Public Improvement - TM 20008
Packet Pg. 272
RESOLUTION NO 2015- 078

EXHIBIT C
4114, ITN l O) F ( IIINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 20008( PUBLIC PLANS)
LOCATION: BICKMORE AVENUE/ RINCON MEADOWS AVENUE
By: PROACTIVE ENGINEERING
DATE: 16- Nov- 18
Quantity Unit Item Unit Total Cost
Price Per Item
WATER
1 LS Traffic Control( 5% of Construction Cost) 5% $ 52, 060. 25 27 LF Trench SupporUShoring( 6 foot depth) 15. 00 $ 405. 00 CY Pipe Bedding( Imported) 45. 00 $
6" Pipe& Fittings Installed, including excavation, bedding, LF backfill and pavement restoration 60. 00 $
8" Pipe& Fittings Installed, including excavation, bedding, 2956 LF backfill and pavement restoration. 75. 00 $ 221, 700. 00 10" Pipe& Fittings Installed, including excavation,
LF bedding, backfill and pavement restoration 80. 00 $ 12" Pipe& Fittings Installed, including excavation,
LF bedding, backfill and pavement restoration 90. 00 $ 16" Pipe& Fittings Installed, including excavation,
LF bedding, backfill and pavement restoration 105. 00 $ EA 6" Gate Valve 1, 500. 00 $
14 EA 8" Gate Valve 2. 000. 00 $ 28, 000. 00
EA 10" Gate Valve 2, 400. 00 $
2 EA 12" Gate Valve 2, 800. 00, $ 5, 600. 00
EA 16" Gate Valve 3, 500. 00 $
7 EA Fire Hydrant Assembly per City Std. 7, 500. 00 $ 52, 500. 00 3 EA Blow- off Assembly 6" per City Std. 4, 500. 00 $ 13, 500. 00 2 EA 2" Air Relief Assembly 4, 500. 00 $ 9, 000. 00 200 EA 1" Water Service/ Meter 3, 500. 00 $ 700, 000. 00 EA 2" Water Service/ Meter 4, 500. 00 $
1 EA Remove existingend of line Blow- off 500. 00 $ 501100 1 EA Remove existing_ 1 inch Air and Vacuum Valve Assembly $ 500. 00 $ 500. 00 1 EA 4 inch Concrete Encasement 250. 00 $ 250. 00
2 EA 1 inch Air& Vacuum Valve Assembly 2, 000. 00_ $ 4, 000. 00 1 EA Join existing 8 inch Water Main 250. 00 $ 250. 00 1 EA Join existing 8 inch Water Main( Hot Tap) 5, 000. 00 $ 5, 000. 00 EngCostEstimate Page 5 of 14 Effective Dale: January 1, 2016 477,,,7,),-d. n7 f3 :?.t`.,......,:i _ 1. -:-.:. .-,-, ,,:,-,f,-, 7,,„,,-;„-...„,„ ;_C r 1 iYa1
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t- tll ' f,'` a ( s r e .«,:.sro w e"' : r a ter, * ak K t EngCostEstimetePage 3 of 14 EffectiveDate:January1, 2016TIZENS INSURANCECOMPANYOF AMERICAhave caused thesepresents to be sealedwith their respective corporateseals, dulyattestedby twoVice Presidents,this8th day of February,2018. TheHanoverInsurance CompanyMassachusettsBay lnstfanceCompanyThe HanoverInsurance CompanyCitizensInsuranceCompanyof America CiC( iye MassachusettsBay InsuranceCompanyy,` p CitizensInsuranceCompanyof America I9f2 A SEAL.C r x2 rte. ,John C. Roche, EVP and President James H. Kavueekr. Vice PresidentTHE COMMONWEALTHOF MASSACHUSETTS )COUNTYOF WORCESTERss. On this8th
dayof February, 2018 before me came the above named Vice Presidentsof The Hanover InsuranceCompany, MassachusettsBay InsuranceCompanyandCitizensInsuranceCompanyof America, to me personallyknown to be the individuals andofficersdescribed herein,and acknowledged
that the seals affixed
to the preceding instrument are the corporate seals
of The Hanover InsuranceCompany, MassachusettsBay
Insurance Companyand Citizens
Insurance
Company of America, respectively, and that
the said corporate
seals
and their signatures
as officerswere duly affixed and subscribedto said instrumentby the authority and direction
of said Corporations. DIANE.

1. MANINOHCl tall- L` si,</ sof CommissionM v ane t to, A rt'; P, 4hla.NI C t 1 vn i P cs tin: r h 4. 2ufl2 I, the undersignedVice Presidentof TheHanover InsuranceCompany, MassachusettsBay InsuranceCompany and CitizensInsuranceCompanyof America,hereby certify that the above and foregoingis a full, true and correctcopy of the Original Power of Attorneyissued by saidCompanies,anddo hereby furthercertifythat the saidPowersof Attorneyare still in force and effect. GIVENundermy handand thesealsof
said Companies,at
Worcester,Massachusetts,thisday
of JAN 11
2019CERTIFIEDCOPY 4 :. ttttxxtCrct; Martinez,Vic*:

President ,'

10.17.b
Final Acceptance of Public Improvement - TM 20008
Packet Pg. 273

RESOLUTION NO
EXHIBIT2015-
078
C
ei ., CITY OF CI-
iI,'('‘,r1,4...,.-.
nNO
3r 1ENGINEERING COSTESTIMATE
PROJECT NO: Tract No. 20008( PUBLIC PLANS
LOCATION: BICKMORE AVENUE! RINCON MEADOWS AVENUE
By: PROACTIVE ENGINEERING
DATE: 16- Nov- 18
Quantity Unit Item Unit Total Cost
Price Per Item
WATER
WATER SUBTOTAL 1, 093, 265. 25
c",.-.;;;`4,,,..
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GRAND TOTAL WATER ONLY 1, 290, 053. 00
EngCostEstimate Page 6 of 14 Effective Date: January 1, 2016 ly 6" per City Std. 4, 500.00 $ 13, 500.
00 2 EA 2" Air Relief
Assembly4, 500. 00 $ 9, 000.00 200EA 1" Water
Service/ Meter 3, 500.
00 $ 700, 000.
00 EA 2" Water
Service/ Meter4, 500.
00 $ 1 EA Remove
existingend of lineBlow-off 500. 00 $ 501100 1 EA
Remove existing_1 inchAir and
Vacuum Valve Assembly $ 500.00 $ 500. 00 1 EA 4

10.17.b
Final Acceptance of Public Improvement - TM 20008
Packet Pg. 274
RESOLUTION NO 2015- 078

EXHIBIT C
00 i` J F\ OF ( MIN()

RECYCLED WATER
LS Traffic Control( 5% of Construction Cost) 5% $ 398. 75 15 LF Trench Support/ Shorinq( 6 foot depthl 15. 00 $ 225. 00 CY Pipe Bedding( Imported) 45. 00 $
6" Pipe& Fittings Installed, including excavation, bedding, LF backfill and pavement restoration 60. 00 $
8" Pipe& Fittings Installed, including excavation, bedding, LF backfill and pavement restoration. 75. 00 $
10" Pipe& Fittings Installed, including excavation,
LF bedding, backfill and pavement restoration 80. 00 $ 12" Pipe& Fittings Installed, including excavation,
LF bedding, backfill and pavement restoration 90. 00 $ 16" Pipe& Fittings Installed, including excavation,
LF bedding, backfill and pavement restoration 105. 00 $ EA 6" Gate Valve 1, 500. 00 $
EA 8" Gate Valve 2, 000. 00 $
EA 10" Gate Valve 2, 400. 00 $
EA 12" Gate Valve 2, 800. 00 $
EA 16" Gate Valve 3, 800. 00 $
EA Fire Hydrant Assembly per City Std. 7, 500. 00 $ EA Blow- off Assembly 6" per City Std. 4, 500. 00 $
EA 2" Air Relief Assembly 4, 500. 00 $
EA 1" Water Service/ Meter 3, 500. 00 $
1 EA 2" Water Service/ Meter 4, 500. 00 $ 4, 500. 00 1 EA 4" Gate Valve to 2" Copper Connection 250. 00 $ 250. 00 1 EA Hot Tap Existing 30" IEUA Recyled Water Line 3 000. 00 $ 3, 000. 00 EngCostEstimate Page 7 of 14 Effective Date: January 1, 2016 250.00 $ 250. 00 2 EA 1 inch Air& VacuumValve
Assembly 2, 000.00_ $ 4, 000. 00 1 EA Join
existing 8 inchWater Main 250. 00 $ 250. 001 EA Joinexisting8 inch Water Main( Hot Tap) 5, 000. 00 $ 5, 000. 00 EngCostEstimate

Page 5 of 14 ends

Chino City CouncilMay 2, 2023

Chino City Council
May 2, 2023