Chino City Council
June 20, 2023

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 av ailable at the entrance to the City Council Chambers .

Additionally, members of the public may submit electronic in quiries or comments by submitting emails to [email protected]
If you require a reasonable accommodation to participate in this meeting per your rights under the Americans with Disabilities Act or for any other reason, please contact the City Clerk’s Office (909) 334 -3306, at least 48 hours prior to the advertised starting time of the meeting.

Any documents produced by the City and distributed to a majority of the City Council regarding any item on this agenda will be made available in the City Clerk’s Office during normal business hours at City Hall located at 13220 Central Avenue, Chino. I n 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 JUNE 20, 2023

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

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.

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

CLOSED SESSION

1. CONFERENCE WITH LABOR NEGOTIATOR(S).

Pursuant to Government Code Section 54957.6:

Agency Negotiator: Geriann Kingslan, Director of Human Resources/Risk Management.

Employee Organizati ons: Chino City Hall Confidential Employee Association, Chino Police Professional Employees Association, San Bernardino Public Employees Association (SBPEA)/Teamsters Local Union No. 1932 -Professioinal, Technical and Clerical, American Federation of State, County and Municipal Employees (AFSCME District Council 36 -Local 3 183), Chino Police Officers Association, Chino Police Management Association, Unrepresented Management, Unrepresented Sworn Management, Executive Management, Elected Officials.

CHINO CITY COUNCIL
JUNE 20, 2023 2

2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR.

Pursuant to Government Code Section 54956.8
Properties: 5412 Francis Avenue (APN 1014 -281-03): Grand West Coast Investment, LLC and 0 Francis Avenue (APN 1014-281-08): Grand West Coast Investment, LLC Agency Negotiator: Linda Reich, City Manager
Negotiating Parties: Grand West Coast Investment, LLC
Under Negotiation: Price and terms of potential acquisition.

FLAG SALUTE

CEREMONIALS
Presentations
Mayor's Home Beautification Award - June 2023

REPORT OUT OF CLOSED SESSION

AGENDA ADDITIONS/REVISIONS

INFORMATION
Legislative Update - Tracked 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 addr ess 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 Ag enda. Ordinance No. 97 - 08 (Chino Municipal Code Section 2.04.090) limits speakers to no more than five (5) minutes in which to address Council, except as provided under Government Code 54954.3(b)(2).

CONSENT CALENDAR
At this time, members of the public ma y 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 an d 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 warrants765691 to 765902, and Electronic Fund Transfers 517401E to 517483E, totaling $2,692,341.07.

2. Adopt Ordinance No. 2023 -013, Authorizing the Levy of Special Taxes (Sage Cedar) (Second Reading). Adopt Ordinance No. 2023 -013, Authorizing the Levy of Special Taxes within the Community Facilities District 2023-1 (Sage Cedar)

CHINO CITY COUNCIL
JUNE 20, 2023 3

ORDINANCE 2023-013

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2023 -1 (SAGE

CEDAR) OF THE CITY OF CHINO AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN

THE DISTRICT

3. Adoption of Ordinance No. 2023-011, Lewis DA (Second Reading). Adopt Ordinance No. 2023- 011, approving the Amended and Restated Preserve Development Agreement.

ORDINANCE NO. 2023-011

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA,

APPROVING THE AMENDED AND RESTATED PRESERVE DEVELOPME NT AGREEMENT

BY AND BETWEEN THE CITY OF CHINO AND THE CHINO PRESERVE DEVELOPMENT CORPORATION, ETC. RELATED TO THE DEVELOPMENT OF APPROXIMATELY 1,157

ACRES OF REAL PROPERTY IN THE PRES ERVE WITHIN THE CITY OF CHINO (CONTRACT NO. 2004-073)

4. Temporary Appointment of a CalPERS Retiree Pursuant to Government Code Sections 7522.56 and 21221(h). Adopt Resolution No. 2023 -043 for the temporary appointment of a CalPERS retiree Michelle Dawson pursuant to government code Sections 7522.56 and 21221(h).

5. Tri Point e Homes Holdings, Inc. - Final Tract Map No. 20312 -1 & Subdivision Improvement Agreement. Approve Tract Map No. 20312-1, generally located south of the Southern California Edison Eas ement, west of East Preserve Loop and north of Pine Avenue; and approve t he correlating Subdivision Improvement Agreement with Tri Pointe Homes Holdings, Inc., a Delaware corporation.

6. Amendment to Professional Services Agreement - General Plan Check & Other Related Engineering Services (ERSC). Approve an amendment to the Professional Services Agreement with Engineering Resources of Southern California, Redlands, CA in the amount of $120,000 for a total contract amount not to exceed $670,000 for general plan check and other related engineering services through June 30, 2023.

7. Vendor Cap Increase and Amendment Approval for Various CIP Projects - Z & K Consultants, Inc.. Approve a vendor cap increase and contract amendment in the amount of $98,000 to Z & K Consultants, Inc., for various CIP Projects.

8. Landscape and Stree tlight Maintenance District Assessment for Fiscal Year 2023 -24. Adopt Resolution No. 2023-035 directing the filing of an annual report; adopt Resolution No. 2023 -036 approving the Engineer's Report; adopt Resolution No. 2023-037 declaring its intention to order improvements for Assessment District Nos. 75 -1, 75 -2, 76 -1, 76 -2, 83 -2, and 2002 -1; and schedule a public hearing for Tuesday, July 18, 2023.

9. Community Services Commission Compensation. Adopt Resolution No. 2023 -038, increasing the Community Services Commission per meeting stipend amount to $125/meeting.

M _____ S _____ RC _____

NEW BUSINESS

10. Fiscal Years 2023 -25 City Budget and Appropriations Limit . Adopt Resolution Nos. 2023-044, 2023-045, and 2023 -046, approving and adopting the Cit y Budget for Fiscal Years 2023 -25, approving and setting the Appropriations Limit for Fiscal Year 2023 -24; and approving amendments to the City's Classification and Salary schedule.

CHINO CITY COUNCIL
JUNE 20, 2023 4

Staff Report by: Linda Reich, City Manager.

RECOMMENDATION: 1) Adopt Resol ution No. 2023 -044, approving and adopting the City Budget for Fiscal Years 2023 -25; 2) adopt Resolution No. 2023 -045, approving and setting the Appropriations Limit for Fiscal Year 2023 -24; 3) adopt Resolution No. 2023 -046, approving amendments to the City’s Classification and Salary schedule; and 4) authorize the City Manager to execute all necessary documents on behalf of the City.

M _____ S _____ RC _____

11. Annual Con tract Amendments/Renewals and Blanket Purchase Orders . Authorize annual contract amendments or renewals and issue blanket purchase orders.

Staff Report by: Jizelle Sandoval, Purchasing Manager.

RECOMMENDATION: Authorize the City Manager to enter into thes e annual contract amendments or renewals, issue blanket purchase orders, and execute all necessary documents on behalf of the City.

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12. Award Professional Services Agreements for the Development Services Department - General Plan Check Services. Approve Professional Services Agreements with Engineering R esources of Southern California, Inc., Redlands, CA; Cannon Corporation, Irvine, CA; and Bureau Veritas North America, Pasadena, CA for a total amount not to exceed $625,000 fo r engineering plan check services through June 30, 2024.

Staff Report by: Jesus Plasencia, Assistant City Engineer.

RECOMMENDATION: 1) Award Professional Service Agreements to: Engineering Resources of Southern California, Inc., Redlands, CA., for $250,000 ; Cannon Corporation, Irvine, CA., for $125,000 and Bureau Veritas North America , Pasadena, CA., for $250,000, to provide general plan checking and other related engineering services for an amount not to exceed $625,000; 2) authorize the City Manager to ex ecute the necessary documents on behalf of the City, and to approve up to two (2), one-year contract extensions.

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MAYOR AND COUNCIL REPORTS
This is the time and place for the Mayor and Council Members to report on prescheduled Council Committee Assignment Meetings that were held since the last Regular Coun cil 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

13. Community Support Contr ibution. Approval of Community Support Fund Contributions to various non-profits and community groups.

Staff Report by: Council Member Flores.

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JUNE 20, 2023 5

RECOMMENDATION: Approve community support fund contributions in the amount of $500 each to Rancho Del Chino Rotary Club, Chino Valley Chamber of Commerce Foundation, Chino Valley Fire Foundation, and Isaiah's Rock.

M _____ S _____ RC _____
Council Member Lucio

14. Community Support Fund. Approval of Community Support Fund Contrib utions to various non- profits and community groups.

Staff Report by: Council Member Lucio.

RECOMMENDATION: Approve community support fund contributions to: Chino Girls Fastpitch ($250), Chino AYSO Region 67 ($500), and Chino Police Explorer Post #211 ($250).

M _____ S _____ RC _____
City Manager's Report
City Attorney's Report
Police Chief's Report
Fire Chief's Report

ADJOURN
The next meeting of the City Council will be a special meeting held on Wednesday, July 5 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, June 14, 2023 this agenda was posted on the south window of Chino City Hall and this agenda together with all of the agenda reports and relate d documents were posted on the City’s website at www.cityofchino.org by myself or under my direction.

_______________________________________
Natalie Gonzaga, City Clerk.

Legislative Update: Blue denotes additions, cross out denotes deletions, and red/italicized text denotes what the bill intends to achieve.

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 Eme rgency Medical Services Authority, which is responsible for the coordination of various state activities concerning emergency medical services. Among other duties, existing law requires the authority 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 regulatio ns 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 hospital and the transporting emergency medical personnel that captures the points in time when the hospital receives notification of ambulance arrival and when transfer of care is executed for documentation of ambulance patient offload time, as defined . The bill would require 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 sp ecified, and to provide technical assistance and funding as needed, subject to an appropriation, for small rural hospitals 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 before March 1, 2024, to monitor monthly ambulance patient offload time data for each facility. hospital. The bill would require the authority to, among other things, report ambulance patient offload time exceedance to the relevant local EMS agency and the Commission on Emergency Me dical Services if, on or after July 1, 2024, the general acute care hospital with an emergency department has an ambulance patient offload time that e xceeds the statewide standard of 20 minutes, 90% of the time. local EMS agency standard, as specified, for the preceding month.

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 automatically connects a person dialing 911 to an established public safety answering point through normal telephone service facilities.

Support / Senate
Policy

8.a
Tracked Legislation
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Legislative Update: Blue denotes additions, cross out denotes deletions, and red/italicized text denotes what the bill intends to achieve.

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 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.

Support / Senate
Policy
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.

Support / Senate
Appropriations

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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.

Support / Senate
Policy
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, state the intent of the Legislature to 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.

Support / Senate
Policy

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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 strea mlined, ministerial 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 charge d 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 dedicated to industrial use. The bill would define various terms for these purposes. Among other thing s, 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 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 limits est ablished by the California Tax Credit Allocation Committee, or af fordable housing 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 under the bill is also eligible for a density 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 deve lopment 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 those conflicts under a specified timeframe. The bi ll 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 munici pal affair and, therefore, apply to all cities, including charter cities.

Opposed / Assembly
Policy

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Legislative Update: Blue denotes additions, cross out denotes deletions, and red/italicized text denotes what the bill intends to achieve.

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 t o carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. 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.

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.

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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 appr oval 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 extend the January 1, 2026, repeal date, thereby making these provisions operative indefinitely. operation of the streamlined, ministerial approval process to January 1, 2036. The bill would provide that the streamlined, ministerial approval process does not apply to applications for developments proposed on qualified sites, defined as a site that is located within an equine or equestrian district and meets certain other requirements, that are submitted on or after January 1, 2024, but before July 1, 2025.

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 general 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 sp ecify that the requirements to pay prevailing wages, use a workforce participating in an apprenticeship, or provide health ca re expenditures do not apply to a project that consists of 10 or fewer units and is not otherwise a public work.

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 conflic t 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 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 a pproval 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, p rior 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 do not pertain directly to determining whether the development is consistent with the objective planning standards applicable to the development.

Oppose / Assembly
Policy

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Legislative Update: Blue denotes additions, cross out denotes deletions, and red/italicized text denotes what the bill intends to achieve.

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 requires, before submitting an application for a development subject to the above-described streamlined, ministerial approval process, the development proponent to submit to the local government a notice of its intent to submit an application, as described.

For developments proposed in a census tract that is designated either as a moderate resource area, low resource area, or an area of high segregation and poverty, as described, this bill would require local governments to provide, within 45 days of receiving a notice of intent and before the development proponent submits an application for the proposed development that is subject to the streamlined, ministerial approval process, for a public meeting, as described, to provide an opportunity for the public and the local government to comment on the development.

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 bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

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 specified reasons.

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 unless 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.

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.

Support / Assembly
Policy

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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 auth orizes the agreement to set forth the manner by which the joint 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 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 local agencies, as defined, to create a regional housing trust for the purpose of funding housing to assist the homeless population and persons and families of extremely low, very low, and low income within their jurisdictions by entering into a joint powers agreement pursuant to the Joint Exercise of Powers Act. The bill would also authorize a federally recognized tribal government to enter into the joint powers agreement. 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 5 directors, as specified. The bill would authorize a regional housing trust to fund the planning and construction planning, construction, and acquisition 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.

Support / Assembly
Policy

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SB 459 State Senator
Rubio
Domestic Violence: Restraining Orders:

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 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. one or more specific forms for the purpose of requesting a modification of an existing restraining order.

Support / Assembly
Policy
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.

Support / Assembly
Policy
AB 1034 Assembly
Member Wilson
Law Enforcement: facial recognition and other biometric surveillance:

Existing law states the intent of the Legislature to establish policies and procedures to address issues related to the downloading and storage of data recorded by a body-worn camera worn by a peace officer, and requires that those policies and procedures be based on best practices.

Existing law requires law enforcement agencies, departments, or entities to consider cert ain best practices regarding the downloading and storage of body-worn camera data when establishing policies and procedures for the implementation and operation of a body -worn camera system, as specified.

This bill would prohibit a law enforcement agency o r law enforcement officer from installing, activating, or using any biometric surveillance system in connection with an officer camera or data collected by an officer camera. The bill would authorize a person to brin g an action for equitable or declaratory relief against a law enforcement agency or officer who violates that prohibition.

The bill would repeal these provisions on January 1, 2034. 2027.

Oppose / Senate
Policy

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AB 480 Assembly
Member Ting
Surplus Land:

Existing law prescribes requirements for the disposal of surplus land by a local agency, as defined, and requires, except as provided, a local agency disposing of surplus land to comply with certain notice requirements before disposing of the land or participating in negotiations to dispose of the land with a prospective transferee, particularly that the local agency send a notice of availability to specif ied entities that have notified the Department of Housing and Community Development of their interest in surplus land, as specified. Under existing law, if the local agency receives a notice of interest, the local agency is required to engage in good faith negotiations with the entity desir ing to purchase or lease the surplus land.

Existing law requires a local agency to take form al action in a regular public meeting to declare land is surplus and is not necessary for the agency’s use and to declare land as either “surplus land” or “exempt surplus land,” as supported by written findings, before a local agency may take any action to dispose of it consistent with an agency’s policies or procedures.

This bill would recast that provision and would authorize, exempt a local agency, in specified instances, that a local agency administratively declare land as from making a declaration at a public meeting for land that is “exempt surplus land” if the declaration and findings are the local agency identifies the land in a notice that is published and available for public comment at least 30 days before the declaration exemption takes effect. The bill would also require a local agency to provide a written notification to the Department of Housing and Community Devel opment of its declaration and findings 30 days before disposing of land declared “exempt surplus land.” Because this bill would require local officials to perform additional duties, it would impose a state-mandated local program.

Existing law defines “exempt surplus land,” for which a local agency is not required to follow the requirements for disposal of surplus land, except as provided, as, among other things, surplus land that is subject to valid legal restrictions that are not imposed by the local agency and that would make housing prohibited, as specified.

This bill would require that those legal restrictions be doc umented and verified in writing by the relevant agencies that have authority relating to the restrictions.

Existing law specifies that, for purposes of these provisions, the term “exempt surplus land,” includes, among other things, surplus land that is put out to open, competitive bid by a local agency, as specified, for purposes of a mixed-use development that is more than one acre in area, that includes not less than 300 housing units, and that restricts at least 25% of the residential units to lower inco me households with an affordable sales price or an affordable rent for a minimum of 55 years for rental housing and 45 years for ownership housing.

This bill would modify these provisions to require that the mixed-use development include not less than 300 residential units.

Existing law also defines exempt surplus land as, among other things, land that was transferred by the state to a local agenc y, as specified, that includes residential units that are restricted to persons and families of low or moderate income with an affordable sales price or rent, at least 80% of which shall be restricted to persons and families of lower income.

This bill would expand the definition of exempt surplus land to include land that is owned by a California public-use airport on which residential use is prohibited pursuant to specified federal law.

Existing law requires any local agency disposing of surplus land to send a written notice of availability of the property to specified entities.

Existing law requires the Department of Housing and Community Development to maintain on its internet website a list of all notices of availability throughout the state.

This bill would require the department to also maintain on its internet website a list of all entities, including housing sponsors, that have notified the department of their interest in surplus land for the purpose of developing low - and moderate-income housing. The bill would make other Oppose / Senate
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nonsubstantive changes to provisions that describe the entities to which notices of availability for developing low - and moderate-income housing, for open-space purposes, and for school facilities construction are required to be sent.

Existing law requires that an entity proposing to use surplus land for developing low- and moderate-income housing agree to make available a specified percentage of the total number of units developed at affordable housing cost or affordable r ent to lower income households, as specified, and that this requirement be contained in a covenant or restriction recorded against the surplus land at the time of the sale that shall run with the land and be enforceable by specified entities and persons.

This bill would make nonsubstantive changes to the provisions that describe the entities and persons that can enforce the cove nant or restriction.

Existing law specifies that after the disposing agency has received a notice of interest from the entity desiring to purchase or lease the land, if price or terms cannot be agreed upon after a good faith negotiation period, the land may be disposed of, as specified.

This bill would recast that provision to state that after the specified good faith negotiation, the local agency may dispose of the surplus land, as specified.

Existing law proclaims that nothing in these provisions relating to the disposition of surplus property shall preclude a loca l agency, housing authority, or redevelopment agency that purchases land from a disposing agency from reconveying the land to a nonprofit or for-profit housing developer for development of low- and moderate-income housing.

This bill would modify that provision to remove reference to housing authorities and redevelopment agencies and make other no nsubstantive changes.

Existing law specifies that any public agency disposing of surplus land to a specified entity that intends to use the land for park or recreation purposes, for open-space purposes, for school purposes, or for low- and moderate-income housing purposes may provide for a payment period of up to 20 years in any contract of sale or sale by trust deed for the land.

This bill would modify those provisions to refer, instead, to a local agency disposing of surplus land.

Existing law authorizes a local agency to negotiate concurrently with all entities that provide notice of interest for the pu rpose of developing affordable housing that meets specified requirements.

This bill would modify that provision to reference low- and moderate-income housing that meets specified requirements. The bill would make other nonsubstantive changes to this provision.

Existing law makes a local agency that disposes of land in violation of these provisions after receiving notice from the Department of Housing and Community Development liable for a penalty, of 30% of the final sale price of the surplus land sold for a first violation and 50% for any subsequent violation.

This bill would, instead, make a local agency that disposes of surplus land in violation of these provisions after receiving a notification from the Department of Housing and Community Development, as specified, that the local agency is in violation of these provisions liable for a penalty of 30% of the greater of the final sale price, or of the fair market value at the time of disposition, as determined by an in dependent appraisal, of the surplus land for a first violation, and 50% of the greater of the 2 sums, for any subsequent violation. The bill would make nonsubstantive changes to, and correct an erroneous cross-reference in, those provisions.

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.

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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.

SB 747 State Senator
Caballero
Land Use: Economic Development: Surplus Land:
(1) Existing law authorizes a city, county, or city and county, with the approval of its legislative body by resolution after a public hearing, to acquire, sell, or lease property in furtherance of the creation of an economic opportunity, as defined. Existing law specifie s the Legislature’s intent regarding those provisions.

This bill would authorize a city, county, or city and county, in addition to a sale or lease, to otherwise transfer property to create an economic opportunity. The bill would make related, conforming changes. The bill would additionally state the Legislature’s intent is to ensure that residents of the state have access to jobs that allow them to afford housing without the need for public subsidies.

Existing law provides that the subjects the creation of an economic opportunity under that law is subject to certain notice and disclosure provisions. These provisions require each local agency, before approving an economic development subsidy within its jurisdict ion, to provide specified information in written form to the public and through its internet website, if available, about the business entities that are the beneficiary of the economic development subsidy, the start and end dates and schedule of the subsidy, other related information, and to h old public hearings and report on those subsidies at specified intervals.

This bill would subject the creation of an economic opportunity to only the above -described requirements regarding providing information to the public on that economic opportunity. The bill would specify that these provisions are an alternative to any other authority or procedures for cities and counties to acquire, sell, lease, or otherwise transfer real property owned by a city or county. (2) Existing law prescribes requirements for the disposal of surplus land by a local agen cy. Existing law defines terms for these purposes.

Existing law defines “surplus land” to generally mean land owned in fee simple by a local agency for which the local agency’s governing body takes formal action in a public meeting declaring that the land is surplus and not necessary for the agency’s use. Existing law defines “agency’s use” to include land that is being used, is planned to be used pursuant to a written plan adopted by the local agency’s gover ning board, or is disposed of to support agency w ork or operations. Existing law excludes from “agency’s use” commercial or industrial uses or activities, or property disposed of for the sole purpose of investment or generation of revenue, unless the local agency is a district, except as specified, and the agency’s governing body takes specified actions in a public meeting. Existing law excludes from these requirements the disposal of exempt surplus land by an agency of the state or any local government. Existing law requires a local agency to declare lan d as either surplus land or exempt surplus land, as supported by written findings, before a local agency may take any action to dispose of it. Under existing law, exempt Support / Assembly
Desk

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surplus land includes, among other types of land, property that is used by a district for an “agency’s use” as expressly authorized, land for specified developments, including a mixed-use development, if put out to open, competitive bid by a local agency, as specified, and surplus land that is subject to specified valid legal restrictions.

This bill would define the term “dispose” for these purposes to mean the sale of the surplus property or a lease of any surplus property entered into on or after January 1, 2024, for a term longer than 15 years, including renewal options, as specified. The bill would also redefine the term “agency’s use” to include use for transit or transit-oriented development, property owned by a port that is used to support logistics uses, airports, state tidelands, sites for broadband equipment or wireless facilities, and waste disposal sites. The bill would define a district relative to an “agency’s use” to include infrastructure financing districts, enhanced infrastructure financing districts, community revitalization and investment authorities, affordable housing aut horities, transit village development districts, and climate resilien ce districts. For districts to qualify commercial or industrial uses or activities, or property disposed of for the sole purpose of investment or generation of revenue as an agency’s use, the bill would additionally require that the site be located within the jurisdiction of a local agency that has a legally compliant housing element and has been designated prohousing. districts if the land is located within a city, county, or city and county that has been found to have a substantially compliant housing element and has been designated prohousing by the Department of Housing and Community Development, as specified.

This bill would revise and recast certain of the provisions related to exempt surplus land, including surplus land that is not contiguous to land owned by a state or local agency, that is used for open space or low- and moderate- income housing purposes and meets specified conditions, surplus land that is a former parking lot that is conveyed to an owner of an adjacent property, and provisions related to mixed-use developments, among others. The bill would also specify that certain legal restrictions are valid legal restrictions and would require that for surplus land that is subject to valid legal restrictions to be considered exempt surplus land, the valid restrictions must be included as part of the lo cal agency’s above-described written findings. The bill would also include as exempt surplus land, land that is jointly developed o r used for a joint development, land that was purchased using federal funds, land transferred to a community land trust, as specified, and additional categories of land determined by the department, including sites that are not suitable for housing.

This b ill would authorize a local agency to administratively declare that land is exempt surplus land, if the local agency meets specified requirements, including, among other things, receiving a prohousing designation, posting the land is located within a city, county, or city and county that has been found to have a substantially compliant housing element and has been designated prohousing by the Department of Housing and Community Development, as specified, and if the local agency posted the declaration and findings on the local agency’s internet website, and giving gave notice to specified entities at least 30 days before the declarations take took effect. The bill would specify that the law governing surplus land does not require a local agency to dispose of land that is determined to be surplus. The bill would specify that the requirements for the disposal of surplus land by a local agency do not apply to properties that a local agency proposes to se ll, lease, or otherwise transfer under the above-described economic opportunity provisions.

Existing law generally requires a local agency disposing of surplus land to send a written notice of availability of the property to specified entities prior to disposing of that property or participating in negotiations to dispose of that property with a prospective transferee.

This bill would create an exception from that notice requirement if the prospective transferee is an affordable housing devel oper proposing to develop an affordable housing project on the site that will meet or exceed a 25% affordability threshold, as described.

Under existing law, a local agency that disposes of surplus land after receiving a notification from the Department of Housing and Community Development that the agency is in violation of the law is liable for 30% of the final sale price of the land. Existing law authorizes certain entities

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and interested persons to bring an action to enforce these provisions. Existing law grants a local agency 60 days to cure or correct an alleged violation before an action may be brought to enforce this provision, except as specified.

This bill would require a local agency, upon receiving a notice of a violation from the department, to consider the matter at a public meeting within 30 days if the local agency proceeds with the disposal. The bill would specify that following the public hearing, the local agency has 60 days to cure or correct an alleged violation before an action may be brought to enforce this provision.

Existing law further requires the depa rtment to review, adopt, amend, or repeal guidelines to establish uniform standards to implement this provision and specifies that those guidelines are not subject to the Administrative Procedure Act.

This bill would additionally require the department to solicit public comments for 30 days and consider and respond in writing to the public comments prior to adopting, amending, or repealing the guidelines. The bill would additionally require the department to prov ide the local agency an appeals process to overturn an adverse action by the department affecting the local agency overseen by an independent trier of fact.

Existing law provides that certain dispositions of real property by local agencies are subject to surplus land disposal procedures as they existed on December 31, 2019, if those dispositions are pursuant to specified legal agreements and the disposition is completed by De cember 31, 2022, or by December 31, 2024, if the property is located in a charter city with a population of over 2,000,000 persons and a local agency has an option agreement duly authorized by the governing body to purchase the property from a former redevelopment agency.

This bill would expand the applicability of those disposition procedures to December 31, 2025, as to property located in a city or county that entered into a legally binding agreement to dispose of the property prior to September 30, 2019, and the transferee has exercised one or more unilateral extension options which were a component of the original agreement.

With respect to land held in the Community Redevelopment Property Trust Fund or designated in a long -range property management plan either for sale or retained for future development, existing law provides that certain dispositions of real prope rty by local agencies are subject to surplus land disposal procedures as they existed on December 31, 2019, if those dispositions are pursuant to specified leg al agreements entered into not later than December 31, 2020, and the disposition is completed by December 31, 2022, or by December 31, 2024, if the property is located in a charter city with a population of over 2,000,000 persons and a local agency has an option agreement authorized by the local agency’s governing body to purchase the property from the former redevelopment agency.

This bill would expand the applicability of those disposition procedures for which an agreement has been entered into by December 31, 2020, if the disposition is completed by December 31, 2025, and the property is located in a city or county that entered into a legally binding agreement to dispose of the property before September 30, 2019, and the transferee has exercised one or more unilateral extension options which were a component of the original agreement.

By imposing new duties on local agencies, 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.

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.

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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: JUNE 20, 2023

TO: LINDA REICH, CITY MANAGER

FROM: ROB BURNS, DIRECTOR OF FINANCE

SUBJECT: WARRANTS.

RECOMMENDATION
Approve expenses as audited and within budget for warrants 765691 to 765902, and Electronic Fund Transfers 517401E to 517483E, totaling $2,692,341.07.

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

11.1 CONSENT CALENDAR
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COUNCIL MEETING DATE: JUNE 20, 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. 765691 – 765797 5/18/23 22-23 $968,797.05

2. 765798 – 765902 5/25/23 22-23 $477,169.52

3. 517401E – 517432E 5/19/23 22-23 $186,912.56

4. 517433E – 517483E 5/26/23 22-23 $1,059,461.94

E: Electronic Fund Transfers

TOTAL $2,692,341.07

ISSUES/ANALYSIS

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

RB:hm

Attachment: Exhibit 1

11.1 CONSENT CALENDAR
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Council Meeting 6/20/23

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

Check
Number
Check Date Vendor Name Description Amount
765748 05/18/2023 MISSION PAVING & SEALING, INC. EWTF PAVING PROJECT $93,466.70 765795 WASTE MANAGEMENT COLLECTION SERVICES $397,213.15 517419 05/19/2023 MERCHANTS LANDSCAPE SERVICES, INC. LANDSCAPE MAINTENANCE $55,318.02 765800 05/25/2023 ALLRED, MAROKO & GOLDBERG SETTLEMENT $92,500.00 517460 05/26/2023 INLAND EMPIRE UTILITIES AGENCY RECYCLED WATER $805,493.51 517483 YUNEX LLC CITYWIDE TRAFFIC SIGNAL MAINTENANCE $96,995.91

6 TOTAL $1,540,987.29

11.1.a
Warrants
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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: JUNE 20, 2023

TO: LINDA REICH, CITY MANAGER

FROM: ROB BURNS, DIRECTOR OF FINANCE

SUBJECT: ADOPT ORDINANCE NO. 2023-013, AUTHORIZING THE LEVY OF SPECIAL TAXES (SAGE CEDAR) (SECOND READING).

RECOMMENDATION
Adopt Ordinance No. 2023 -13 on second reading, authorizing the levy of special taxes within Community Facilities District No. 2023-1 (Sage Cedar).

FISCAL IMPACT
There is no fiscal impact.

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

• Positive City Image
• Responsible Long-Range Planning

11.2 CONSENT CALENDAR
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COUNCIL MEETING DATE: JUNE 20, 2023
SUBJECT: ADOPT ORDINANCE NO. 2023-013, AUTHORIZING THE LEVY OF SPECIAL

TAXES (SAGE CEDAR) (SECOND READING)
PAGE 2

BACKGROUND
This matter was introduced on first reading by the Council at their June 6, 2023 meeting. By the passage of this Ordinance, the City Council authorizes the le vy of special taxes within the Community Facilities District at the maximum rates and in accordance with the rates and method of apportionment set forth in Exhibit C to the Resolution No. 2023-23.

Once adopted on second reading, the ordinance will go into effect thirty (30) days thereafter.

ISSUES/ANALYSIS
Ordinance No. 2023-013:

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2023-1 (SAGE

CEDAR) OF THE CITY OF CHINO AU THORIZING THE LEVY OF SPECIAL TAXES WITHIN

THE DISTRICT

Attachment: Ordinance No. 2023-013

11.2 CONSENT CALENDAR
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ORDINANCE NO. 2023-013

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO ,

ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 2023-1 (SAGE CEDAR) OF

THE CITY OF CHINO AUTHORIZING THE LEVY OF SPECIAL

TAXES WITHIN THE DISTRICT
WHEREAS, on April 18, 2023, the City Council (the “City Council”) of the City of Chino (the “City”) adopted Resolution No. 2023-023 declaring its intention to form Community Facilities District No. 2023-1 (Sage Cedar) of the City of Chino (the “Community Facilities District”) pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the Sta te of California (the “Act”), and adopted Resolution No. 2023-024 declaring its intention to incur bonded indebtedness of the Community Facilities District; and
WHEREAS, on June 6, 2023, after providing all notice required by the Act, the City Council opened a public hearing required by the Act relative to the formation of the Community Facilities District, the proposed levy of special tax es within the Community Facilities District to finance certain public improvements and services described in Resolution No. 2023-023 and to secure the payment of any bonded indebtedness of the Community Facilities District, and the proposed issuance of up to $17,000,000 of bonded indebtedness; and WHEREAS, at the public hearing, all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the proposed levy of the special taxes within the Community Facilities District to finance the improvements and services described in Resolution No. 2023-023 and the proposed issuance of bonded indebtedness of the Community Facilities District were heard and a full and fair hearing was held; and WHEREAS, on June 6, 2023, following the close of the public hearing, the City Council adopted a resolution establishing the Community Facilities District (the “Resolution of Formation”) and a r esolution determining the necessity to incur bonded indebtedness of the District (the “Resolution to Incur Bonded Indebtedness”) each of which called a consolidated special election on June 6, 2023 within the Community Facilities District on three propositions relating to the levying of special tax es, the incurring of bonded indebtedness and the establishment of an appropriations limit for the Community Facilities District; and WHEREAS, on June 6, 2023, a special election was held within the Community Facilities District at which the qualified electors approved by more than a two-thirds vote Propositions A, B and C authorizing the levy of special taxes within the Community Facilities District for the purposes described in the Resolution of Intention and the issuance of bonded indebtedness for the Community Facilities District as described in the Resolution to Incur Bonded Indebtedness.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO ACTING IN IT S CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2023- 1 (SAGE CEDAR) OF THE CITY OF CHINO, ORDAINS AS FOLLOWS:

Section 1. The above recitals are all true and correct.

11.2.a
Adoption of Ordinance No. 2023-013 (Second Reading)
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Ordinance 2023-13

2 Section 2. By the passage of this Ordinance, the City Council authorizes the levy of special taxes within the Community Facilities District at the maximum rates and in accordance with the rates and method of apportionment set forth in Exhibit C to the Resolution No. 2023-023, which rate and method of apportionment is incorporated by reference herein (the “Rate and Method”).

Section 3. The Director of Finance of the City is hereby further authorized and directed each fiscal year, on or before August 10 of each yea r, or such later date as is permitted by law, to determine the specific special tax rates and amounts to be levied for the next ensuing fiscal year for each parcel of real property within the Community Facilities District pursuant to the Rate and Method. The special tax rates to be levied pursuant to the Rate and Method shall not exceed the applicable maximum rates set forth therein, but the special tax es may be levied at a lower rate.

Section 4. Properties or entities of the state, federal or other local governments shall be exempt from the special taxes, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act, the Rate and Method and the boundary map for the Community Facilities District . No other properties or entities are exempt from the special taxes unless the properties or entities are expressly exempted in the Resolution of Formation, or in a resolution of consideration to levy a new special tax or special taxes or to alter the Rate or Method of an existing special tax as provided in Section 53334 of the Act.

Section 5. All of the collections of the special taxes pursuant to the Rate and Method shall be used as provided for in the Act and the Resolution of Formation. The special tax es shall be levied within the Community Facilities District only so long as needed for the purposes described in the Resolution of Formation.

Section 6. The special taxes levied pursuant to the Rate and Method shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes (which such procedures include the exercise of all rights and remedies permitted by law to make corrections, including, but not limited to, the issuance of amended or supplemental tax bills), as such procedure may be modified by law or by this City Council from time to time.

Section 7. As a cumulative remedy, if any amount levied as a special tax for payment of the interest or principal of any bonded indebtedness of the Community Facilities District, together with any penalties and other charges accruing under this Ordinance, are not paid when due, the City Council may, not later than four years after the due date of the last installment of principal on the Bonds, order that the same be collected by an action brought in the superior court to foreclose the lien of such special tax.

Section 8. This Ordinance relating to the levy of the special tax es within the Community Facilities District shall take effect 30 days following its final passage, and the specific authorization for adoption is pursuant to the provisions of Section 53340 of the Act.

Section 9. The City Clerk is hereby authorized to perform all acts which are required by the Act, this Ordinance or by law in order to accomplish the purpose of this Ordinance.

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Ordinance 2023-13

3 INTRODUCED, ADOPTED, SIGNED AND APPROVED ON the 20th day of JUNE, 2023.

CITY COUNCIL OF THE CITY OF CHINO
By:__________________________________
Eunice M. Ulloa,
Mayor of the City of Chino
ATTEST:

________________________________
Natalie Gonzaga
City Clerk of the City of Chino

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Ordinance 2023-13

4 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )ss.

CITY OF CHINO )
I, NATALIE GONZAGA, City Clerk of the City of Chino, do hereby certify that the foregoing Ordinance was duly adopted by the City Council of the City of Chino at a regular meeting held on the 20th day of June, 2023, by the following votes:

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

NATALIE GONZAGA, CITY CLERK

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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: JUNE 20, 2023

TO: LINDA REICH, CITY MANAGER

FROM: WARREN MORELION, INTERIM DIRECTOR OF DEVELOPMENT SERVICES

SUBJECT: ADOPTION OF ORDINANCE NO. 2023-011, LEWIS DA (SECOND READING).

RECOMMENDATION
Approve the adoption of Ordinance No. 2023 -011 on second reading, approving the Amended and Restated Preserve Development Agreement (Contract No. 2004-073).

FISCAL IMPACT
There is no fiscal impact.

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

11.3 CONSENT CALENDAR
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COUNCIL MEETING DATE: JUNE 20, 2023
SUBJECT: ADOPTION OF ORDINANCE NO. 2023-011, LEWIS DA (SECOND READING) PAGE 2

BACKGROUND
This matter was intr oduced on first reading by the Council at their June 6, 2023 meeting. The original Development Agreement (DA) (Contract No. 2004-073) was amended in 2008, 2014 and 2016. The Amended and Restated DA clarifies the owners’ fee reimbursement obligations, development and fee requirements, infrastructure and park obligations, and extends the term of the DA by 10 years until July 1, 2 034, ensuring responsible long -range planning and fiscal stability.

Once adopted on second reading, the ordinance will go into effect thirty (30) days thereafter.

ISSUES/ANALYSIS
Ordinance No. 2023-011:

AN O RDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO , CALIFORNIA,

APPROVING THE AMENDED AND RESTATED PRESERVE DEVELOPMENT AGREEMENT

BY AND BETWEEN THE CITY OF CHINO AND THE CHINO PRESERVE DEVELOPMENT CORPORATION, ETC. RELATED TO THE DEVELOPMENT OF APPROXIMATELY 1,157

ACRES OF REAL PROPERTY IN THE PRESERVE W ITHIN THE CITY OF CHINO (CONTRACT NO. 2004-073).

Attachments: Ordinance No. 2023-011

11.3 CONSENT CALENDAR
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01225.0005/890309.1
ORDINANCE NO. 2023-011

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CHINO, CALIFORNIA, APPROVING THE AMENDED AND

RESTATED PRESERVE DEVELOPMENT AGREEMENT BY AND

BETWEEN THE CITY OF CHINO AND THE CHINO PRESERVE
DEVELOPMENT CORPORATION, ETC. RELATED TO THE
DEVELOPMENT OF APPROXIMATELY 1,157 ACRES OF REAL

PROPERTY IN THE PRESERVE WITHIN THE CITY OF CHINO
(CONTRACT NO. 2004-073).

WHEREAS, an Amended and Restated Preserve Development Agreement (“Amended DA”) has been prepared b etween the City of Chino (the “ City”) and C hino Preserve Development Corporation, Chino Holding Company, LLC, and Chino Development Corporation (collectively, “Owners”) for the purpose of defining the rights and obligations of each party as they relate to the overall development of the subject property , which Amended DA has been made available for public review in the Development Services Department of the City beginning on May 6, 2023;

WHEREAS, on June 1, 2004, the City and Owners entered into a Development Agreement, referenced as City Contract No. 2004-073 and recorded on June 17, 2004 in the Official Records, County of San Bernardino as Document No. 2004 -0428562 (“Orig inal DA”) at a duly-noticed public hearing addressing the development obligations of Owners (“Project”) in regard to its property (“Property”) encompassing approximately 1,157+ acres of real property owned by Owners in The Preserve, generally bound by Kimball Avenue to the north, Euclid Avenue to the west, Hellman Avenue to the east, and Chino Corona Road to the south;

WHEREAS, on December 2, 2008, the City and Owners entered into a First Amendment to the Original DA and recorded on December 22, 2008 a s Document No. 2008 -0563617, in part, to comply with the California Government Code section 65583.2 (Inventory of Land Suitable for Residential Development) to allow one or more residential projects within the RHNA Site, as defined therein;

WHEREAS, on February 4, 2014, the City and Owners entered into a Second Amendment to the Original DA and recorded on February 20, 2014 as Document No. 2014-0068048, in part, to add certain property as part of The Preserve, as such term is defined in the Original DA, and establish a process whereby City and Owners can calculate park fee credits;

WHEREAS, on August 24, 2016 the City and Owners entered into a Third Amendment to the Original DA and recorded on November 15, 2016 as Document No. 2016 -0481584, to include certain real property described therein within part of the Owners’ Property and delete a portion of real property described therein from Property included in the Original DA;

WHEREAS, the City and Owners wish to replace the original DA and aforementioned amendments with the proposed Amended DA so all terms appear in one form for ease of reference, which Amended DA updates the properties subject to its provisions, addresses and further clarifies the Owners’ fee reimbursement obligations, development and fee requirements, and infrastructure and park obligations as well as extends the term of the Original DA by 10 years until July 1, 2034;

WHEREAS, at a duly-noticed public hearing on May 17, 2023, the Planning Commission reviewed the Amended DA, and at the conclusion of the hearing and after considering the evidence and arguments submitted by City staff, the Developer, and all interested parties, found the Amended

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Ordinance No. 2023-011

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DA consistent with the goals and policies of the General Plan and The Preserve Specific Plan and recommended adoption of this Ordinance by the City Council approving the Amended DA;

WHEREAS, the City Council held a duly noticed public hearing regarding th is Ordinance approving the Amended DA on June 6, 2023, and considered the recommendation of the Planning Commission and the evidence, testimony and arguments submitted by City staff, the Developer, and all interested parties; and

WHEREAS, the adoption of this Ordinance approving the Amended DA under current and known circumstances, will not be detrimental to the health, safety or welfare of persons residing, conducting business, or owning property in the area of the Project or elsewhere in the City.

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

Section 1. The City Council of the City of Chino has considered Planning Commission Resolution No. PC2023-016 and finds that the provisions of said Amended DA on file with the City are consistent with the General Plan and the Preserve Specific Plan, and comply with the requirements of Article 2.5 of Chapter 4 of Division 1 of Title 7 of the California Government Code, commencing with Section 65864, Article XI, Section 7 of the California Constitution and the City Development Agreement Ordinance incorporated into its Municipal Code as Section 20.23.070 of Title 20, including, but not limited to, the following specific reasons required by Subsection G therein:

• The Amended DA will implement the goals, objectives and policies of th e City’s General Plan by providing for logical development boundaries for residential, commercial, park, and open space uses for the subject property and for the City; • The Amended DA provides for property and sales tax base and other revenue above that anticipated for the previous land use and the project will generate construction employment and new permanent employment opportunities for Chino residents furthering the City’s economic development general plan goals;
• At build-out of the project, the Amended DA will provide an environmentally restored and developed property by removing agricultural and dairy waste materials that historically existed on the Property;
• Development of the areas within The Preserve Specific Plan, including the areas covered by this Amend ed DA, will include the required construction of public improvements and infrastructure to serve the southeastern portion of the City; and • A periodic review will be conducted to monitor the implementation of the Amended DA and to ensure that its provisions are consistent with the General Plan.

Section 2. The City Council finds that the adoption of this Ordinance approving the Amended DA is exempt from the California Environmental Quality Act contained in Division 13 of the California Public Resources Code, commencing with Section 21000, and implemented by the Guidelines contained in Chapter 3 of Title 14, commencing with Section 15000, of the of the California Code of Regulations (“CEQA”). Specifically, Section 15061(b)(3), General Rule Exemption, under the Guidelines applies insofar as the activity is covered by the common sense exemption that CEQA applies only to projects which have the pot ential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

Here, all of the requirements of CEQA were satisfied with respect to those portions of the Property for which the City has given discretionary Development Approvals as of the effective date of the Original DA through its prior certification of Program Environmental Impact Report SCH

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#2000171036 (t he “Preserve EIR”), the Preserve Specific Plan Master Site Approval No. PSP MSA 2003-01, Mitigated Negative Declaration for the Master Plan for Phases 1 and 2 (“Project MND”) approved on September 15, 2003, and an addendum to the Preserve EIR approved on M ay 18, 2004 (“EIR Addendum”) , which have been modified by subsequent addendums. None of the obligations provided in the Amended DA modify the development obligations and thus potential environmental impacts analyzed in the Preserve EIR, Project MND, EIR Addendum or subsequent addendums.

Section 3 . Based on the above findings, t he City Council of the City adopts this Ordinance approving the Amended DA between the City of Chino and the Owners with any non-substantive typographical or scrivener errors correc ted by the City Manager and approved by the City Attorney, and authorizes the Mayor to sign said Amended DA after it has been signed by the other parties.

Section 4. Pursuant to Government Code Section 65868.5, the City Clerk of the City shall record a copy of said Amended DA with the County Recorder within 10 days after the Mayor’s signing of said Amended DA.

Section 5. Severability. If any section, subsection, sen tence, clause, phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such determination shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Ch ino declare that they would have enacted this Ordinance and each section, subsection, sentence, clause or phrase hereof irrespective of any determination of invalidity.

Section 6. The City Clerk of the City of Chino shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in a newspaper of general circulation, printed and published within the City in accordance with the provisions of the Government Code.

APPROVED AND ADOPTED THIS 20TH DAY OF JUNE 2023.

By:

EUNICE M. ULLOA, MAYOR

ATTEST:

NATALIE GONZAGA, CITY CLERK

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Ordinance No. 2023-011

01225.0005/890309.1

State of California )
County of San Bernardino ) ss
City of Chino )

I, Natalie Gonzaga, City Clerk of the City of Chino, do hereby certify the foregoing Ordinance was duly adopted by the Chino City Council at a regular meeting held on the 20th day of June 2023, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

NATALIE GONZAGA, CITY CLERK

Attachments: Amended and Restated Preserve Development Agreement

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01225.0005/415331.21 -23

AMENDED AND RESTATED DEVELOPMENT AGREEMENT
This AMENDED AND RESTATED DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of ______________ , 2023, by and between the City of Chino, a California general law municipal corporation (“City”), Chino Holding Company, LLC, a Delaware limited liability company qualified to do business in California (“CHC”), Chino Preserve Development Corporation, a California corporation (“CPDC”) and Chino Development Corporation, a California corporation (“CDC”) and it amends, restates and supersedes the Original Development Agreement, as amended (as defined in Recital H below) with respect to the development of the Remaining Property (defined in Section 1.2.32 below). The City, CHC, CPDC and CDC are hereafter referred to collectively as the "Parties" and individually as a "Party." CHC, CPDC and CDC are also hereafter referred to collectively as the "Owners" and individually as an "Owner."

RECITALS
A. The City is authorized to ent er into development agreements with persons having legal or equitable interests in real property for the development of such property pursuant to Article 2.5 of Chapter 4 of Division I of Title 7 of the California Government Code commencing with section 65864 (the “Development Agreement Law”), and Article XI, Section 7 of the California Constitution.

B. The City has enacted an ordinance, incorporated into the Chino Municipal Code as Title 20, Section 20. 23.070 (the “Development Agreement Ordinance”) that establishes the procedures and requirements for its consideration of such development agreements upon application by, or on behalf of, persons having legal or equitable interests in real property pursuant to the Development Agreement Law and applicable City General and Specific Plans, policies and regulations.

C. The City has annexed certain real property located south of Merrill Avenue, east of Euclid Avenue and north of the Riverside County boundary, between Hellman Avenue and Euclid Avenue, described and depicted in F igure 1 of the Preserve Specific Plan and also referred to herein either as the “Preserve” or “Subarea 2” pursuant to approval of the San B ernardino Local Agency Formation Commission (“SBLAFCO”) on May 21, 2003, and a final Certificate of Completion issued by SBLAFCO on July 10, 2003.

D. As of the Effective Date of the Original DA (defined in Recital H below), CHC owned or had an equitable interest in approximately 735 acres of real property in the Preserve (the “CHC Property”) and CDC owned or had an equitable interest in approximately 390 acres of the real property in the Preserve (the “CDC Property”). As set forth in the Second and Third Amendments, as such terms are defined in Recital H below, CPDC has acquired fee title interests in additional real property referred to therein (“CPDC Property”). Additionally, pursuant to the Third Amendment, that certain parcel referred to as the LLA 13- 04 Parcel was acquired by CDC and has been added to the CDC Property and that certain parcel referred to as the LLA 13-05 Parcel was conveyed by CDC to a third party and has been deleted from the CDC Property. The CHC Property, the CDC Property and the CPDC Property all, as set forth above, are depicted on

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Exhibit A attached hereto (collectively, the “Property” ). Since the Effective Date of the Original DA, Owners have, pursuant to the Original DA, developed and/or sold various portions of the Property and, as of the Effective Date of this Agreement, Owners still own or have an equitable interest in those certain undeveloped portions of the CHC Property, the CDC Property and the CPDC Property, as depicted and legally described in Exhibit B attached hereto (the “Remaining CHC Property,” the “Remaining CDC Property” and the “Remaining CPDC Property,” respectively and, collectively, the “Remaining Property”).

E. CPDC has an equitable interest in portions of the Remaining CHC Property in exchange for (i) processing and obtaining all necessary Development Approvals from the City required for the Development of the Remaining CHC Property under the Preserve Regulations and (ii) performing all of the obligations of CHC under this Agreement and the Development Approvals, although CHC still shall continue to be responsible for the performance of all obligations under this Agreement and the Development Approvals as to Remaining CHC Property and each Development Project on the portions of the Remaining CHC Property owned by such Owner, or with respect to which such Owner has a qualified equitable interest, as of the Effective Date of the Original DA, as defined below, which CPDC fails to perform.

F. Owners and City intend that, excepting any ongoing obligations of the City or Owners, as applicable, arising from the development of those portions of the Property or any other real property within the Preserve that have been developed and/or sold by the Owners to third parties prior to the Effective Date of this Agreement (“Developed/Sold Properties”), the obligations of the City and Owners set forth in this Agreement shall apply only to the development of the Remaining Property and shall not apply to or be binding upon the Developed/Sold Properties. Rather, the obligations relating to the Developed/Sold Properties shall be those set forth in the respective conditions of approval for the development of such Developed/Sold Properties. Owners and City also intend that the benefits accruing to Owners under this Agreement shall be applicable to the entirety of the Property, including, wit hout limitation, all existing apartments and the shopping center owned by Owners. Additionally, Owners intend that some or all of the remaining portions of the real property in the Preserve be included and made subject to this Agreement upon request by Owners or any entity related to Owners which acquires a legal or qualified equitable interest in such portions of that real property by an amendment to this Agreement provided that any such amendment shall comply with the statutory process and the independent review of the City required of the Planning Commission and the City Council by the Development Agreement Law and Development Agreement Ordinance and such other applicable laws.

G. The City has approved a General Plan Amendment, a Specific Plan for the Preserve, a Master Plan for Phases 1 and 2 of the Preserve and a Program Environmental Impact Report for the Preserve, including a Resource Management Plan for the Preserve, which establish the type, size and location of the Preserve planning areas, the permitted types, density and intensities of uses within those planning areas, and the regulations, policies and rules for development of the Preserve.

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H. On or about June 1, 2004, the City and Owners entered into a Development Agreement, referenced as City Contract No. 2004-073 and recorded on June 17, 2004 in the Official Records, County of San Bernardino as Document No. 2004- 0428562 (“Original DA”), appro ved by Ordinance No. 2004- 15, which Original DA was amended by that certain First Amendment to Preserve Development Agreement on December 2, 2008 and recorded on December 22, 2008 as Document No. 2008- 0563617 (“First Amendment”), in part, to comply with the California Government Code section 65583.2 (Inventory of Land Suitable for Residential Development) to allow one or more residential projects within the RHNA Site, as defined therein, then again by that certain Second Amendment to Preserve Development Agreement on February 4, 2014 and recorded on February 20, 2014 as Document No. 2014- 0068048, in part, to add certain property as part of the Preserve, as such term is defined in the Original DA, and establish a process whereby City and Owners can calculate park fee credits (“Second Amendment”) and then again by that certain Third Amendment to Development Agreement on August 24, 2016 and recorded on November 15, 2016 as Document No. 2016-0481584, to include certain real property described therein within the CDC Property and delete a portion of real property described therein from the CDC Property (“Third Amendment”). Collectively, the Original DA, First Amendment, Second Amendment and Third Amendment shall be referred to herein as the “Original Development Agreement, as amended”. Further the First Amendment, Second Amendment and Third Amendment shall be referred to herein as the “Amendments”.

I. The Original DA describes those Development Approvals approved before the Effective Date of the Original DA, described in Section 2.4 therein that authorize the Development of Development Projects with those residential, commercial, retail, park, open space, and other uses identified in the Master Plan for Phases 1 and 2 of the Preserve.

J. Development of the Property pursuant to the City’s normal development process and procedures and the Preserve Regulatio ns, including the provision of the necessary Public Facilities and City services for the Pr operty, is productive of certain public benefits to the City, its residents, property owners, taxpayers and surrounding communities. Among other public benefits, the Original DA required Owners to implement the goals, objectives and policies of the Preserve Regulations, so as to provide needed commercial/retail, housing, recreational, and open space uses for the Property and for the remainder of the City; to increase the daytime population in the Chino community, thereby supporting community based commercial and retail businesses; to expand the City’s property and sales tax base; to generate construction employment and new permanent employment opportunities for Chino residents, to provide an environmentally restored and developed Property by removal of significant agricultural and dairy waste materials existing within the Property; and to construct community centers, parks, library facilities, major public infrastructure, schools, and other Public Facilities to serve the City and its residents, property owners and taxpayers. In addition, the Original DA, produced additional public benefits to the City by the Owners’ payment to the City of a total of Seven Million Dollars ($7,000,000) to defray the costs of necessary City services for the initial period of development of the Property prior to generation of sufficient tax and other City revenues to pay for City services required for the Property

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and by the Owners’ provisi on of 250 affordable dwelling units and payment of Seven Million Dollars ($7,000,000) to the Housing Fund of the City, and payment of CFD special taxes by the owners of that real property within the Property included within CFDs to fund both the costs of those necessary Public Facilities and some of the costs of City services necessary for the Property after its development, all of which have been accomplished by Owners in a timely manner. In exchange for such benefits, Owners received the right to develop the Property in accordance with the Preserve Regulations in existence on the Effective Date of the Original DA, pursuant to the City’s normal development process and procedures culminating in Development Approvals for all portions of the Property that Owners seek to develop.

K. In order to assure that the Development of the Property was financially self- sustaining, so that it imposed no additional financial burden on the residents, property owners or taxpayers in other portions of the City, by providing for the payment of all costs for Public Facilities and City services necessary for t he development of the Pr operty, Owners have provided a 322 acre Conservation area and paid the City Five Hundred Thousand Dollars ($500,000) in environmental mitigation fees described in Section 3.6 hereof. Additionally, to assure that the development of t he Property remains financially self-sustaining, Owners shall pay such additional environmental mitigation fees after development of the first 900 developable acres of the Pr operty; continue to provide for CFD special taxes to fund facilities and services; comply with the Development Requirements imposed on all Development Approvals; continue to provide for the Development Impact Fees for the Property, provide for an affordable housing impact fee for all residential dwelling units c onstructed in excess of 7,000; the new development taxes imposed by Chapter 3.36 of the Chino Municipal Code; the other normal City Processing Fees established by resolution of the City Council of the City; the City ad valorem property taxes generated by the Property; and the sales taxes generated by the Property.

L. The Parties concur that all of the requirements of the California Environmental Quality Act, contained in Division 13 of the California Public Resources Code, commencing with Section 21000, and implemented by the Guidelines contained in Chapter 3 of Title 14, commencing with Section 15000, of the of the California Code of Regulations (“CEQA”) were satisfied with respect to those portions of the Property for which the City has given discretionary Development Approvals as of the Effective Date of the Original DA through its prior certification of Program Environmental Impact Report SCH #2000171036 (the “Preserve EIR”), the Preserve Specific Plan Master Site Approval No. PSP MSA 2003-01, Mitigated Negative Declaration for the Master Plan for Phases 1 and 2 (the “Project MND”) approved on September 15, 2003, and an addendum to the Preserve EIR approved on May 18, 2004 (the “EIR Addendum”) , which have been modified by subsequent addendums.

M. On May 18, 2004, after a duly noticed public hearing pursuant to the Development Agreement Law and Development Agreement Ordinance, the City Council of the City of Chino approved the introduction of Ordinance No. 2004- 15 (the “Enacting Ordinance”) to approve and adopt the Original DA and authorize its execution on behalf of the City. On June 1, 2004, the City Council of the City of Chino adopted the Enacting

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Ordinance. Thereafter, and in accordance with CEQA and the Development Agreement Law, the City Council of the City of Chino, approved each of the Amendments.

N. The Parties intend that Owners will be permitted to proceed with development of the Property pursuant to the Preserve Regulations in existence on the Effective Date of the Original DA and the conditions imposed by Development Approvals for the Development Projects that Owners may seek to develop during the term of this Agreement and pursuant to each Development Approval approved by the Planning Commission and the City Council, according to the City’s normal processes and procedures; provided that the Parties also understand that new or different Preserve Regulations and other requirements for development of the Property may be imposed by laws or regulations of the State government, various regional gover nmental agencies or entities with regulatory jurisdiction, laws or regulations of the Federal government, or Subsequent Legislation adopted by the City Council made necessary to offset the impact of any of the foregoing, all of which necessarily will super sede the provisions of this Agreement.

O. The Parties now wish to amend the Original Development Agreement, as amended to incorporate all revisions into this Agreement and correct certain provisions therein, which amendments are not intended to revise any aspect of the Development Approvals and, as such, the approval of this Agreement is exempt from the provisions of CEQA pursuant to CEQA Guidelines Section 15061(b)(3). Notwithstanding the foregoing, nothing herein shall exempt subsequent projects , including those contemplated herein, from CEQA.

P. The following benefits have or will be provided by Owners under this Agreement:

1. Owners have paid Seven Million Dollars ( $7,000,000) to defray the costs of necessary City services for the initial period of development of the Property prior to generation of sufficient tax and other City revenues to pay for City services required for the Property.

2. Owners have provided 250 affordable dwelling units and paid Seven Million Dollars ($7,000,000) to the Housing Fund of the City.

3. Owners have paid an additional Two Million Two Hundred Thousand Dollars ($2,200,000) in lieu of providing 250 affordable senior dwelling units.

4. Owners have constructed Public Facilities, including Fire Station #63 on Kimball Avenue, the Preserve Community Center /Joint Use Facility , a Joint Use Library and other public infrastructure and shall be responsible for the construction of a Second Preserve Community Center and Library.

5. Owners’ have paid Five Hundred Eighty -six Thousand Nine Hundred Seventy-five Dollars ( $586,975) to the Resources Management Plan and donat ed 322 acres of mitigation land.

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6. Owners have c onstructed several Public Parks within the Pr operty and shall construct additional Public Parks on the Remaining Property.

Q. On June 6, 2023, the City Council considered this Agreement and introduced Ordinance No. 2023-011 approving the Agreement, which Ordinance was adopted on second reading on June 20, 2023, becoming effective on July 20, 2023.

AGREEMENT
NOW, THEREFORE, the Parties agree as follows:

ARTICLE 1

RECITALS, DEFINITIONS AND EXHIBITS

1.1. Recitals. The Recitals in this Agree ment are true and correct, except that the Recitals pertaining to an Owner’s legal or equitable interest in the Remaining Property shall require verification by the City. Each Owner shall demonstrate the existence and validity of such legal or equitable interest in the Remaining Property to the satisfaction of the City Engineer and the City Attorney as a condition precedent to the effectiveness and validity of this Agreement with respect to any portion of the Remaining Property in which an Owner asserts a legal or equitable interest.

1.2. De
finitions . The following terms and phrases used in this Agreement shall be defined as follows:

1.2.1 “Acquisition Agreement” means the Acquisition Agreement between the City and Owners regarding the formation and implementation of Community Facilities District No. 2003-03 to assist in financing Preserve DIFs and/or Public Facilities and/or City services for the Preserve in general and for the Property in particular and any similar acquisition agreements respecting other CFDs.

1.2.2 “Agreement” means this Amended and Restated Development Agreement, as it may be amended from time-to-time by the Parties.

1.2.3 “CFD” means one or more community facilities districts established pursuant to the Mello- Roos Community Facilities Act of 1982, contained in Title 5, Division 2, Chapter 2.5 of the California Government Code, commencing with Section 53311, and authorized to finance some of the Public Facilities required to serve the Preserve and the Property and also to finance some of the City services required to serve the Property in accordance with this Agreement and the Acquisition Agreement.

1.2.4 “City” means the City of Chino, a general law municipal corporation.

1.2.5 “City Council” means the City Council of the City of Chino.

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1.2.6 “Community Core Commons” shal l mean those certain public areas as part of the Community Core referred to in the Specific Plan within the Property perpendicular to Pine Avenue.

1.2.7 “CPI” means, for each fiscal year, the Consumer Price Index published by the U.S. Bureau of Labor Statistics for All Urban Consumers in the Riverside- San Bernardino-Ontario region, measured as of the month of March in the calendar year which ends in the previous fiscal year. In the event this index ceases to be published, the CPI shall be another index as determined by the Finance Director that is reasonably comparable to the CPI for the Riverside-San Bernardino-Ontario region.

1.2.8 “Develop” or “Development” means the physical improvement of the Remaining Property, or any portions thereof, by obtaining the required Development Approvals pursuant to which a Development Project is approved by the City, and by improving the Development Project, or portions thereof, thr ough grading, construction of Public Facilities and Public Facilities required by such Development Approvals, whether located within or outside the Development Project boundaries, and by the construction of buildings or other structures, and installation of landscaping in the Development Project.

1.2.9 “Developer” means a person or entity other than an Owner who acquires ownership of a portion or portions of the Remaining Property from an Owner for the purpose of developing said portion or portions of the Remai ning Property and who proceeds to develop a portion of the Remaining Property as a Development Project.

1.2.10 “Development Approval(s)” means the approval of all applications required for the development of a Development Project under the Preserve Regulations pursuant to the normal processes and procedures of the City, and the approval of all plans by City that culminate in the authorization of the Owners to proceed with the actual physical development of the Development Project, including the issuance of all necessary permits and other entitlements.

1.2.11 “Development Project” means development of any portion of the Remaining Property for a specific purpose permitted by the Preserve Regulations, for which Development Approvals have been secured by the Owner.

1.2.12 “Development Requirements“ means: all charges, Preserve DIFs, exactions, in lieu fees, park fees, service connection fees, other payments and obligations for Public Facilities or construction requirements not having a direct nexus to a particular tract , dedication or reservation requirements, mitigation measures in connection with environmental review of a Development Project, or other impositions made pursuant to other regulations or policies of the City in order to make Development Approvals consistent with the Pr eserve Regulations, including without limitation, any requirements of the City in connection with or pursuant to any Development Requirements, and construction of Public Facilities, or payment of fees to compensate for, lessen, mitigate, or offset the impacts of Development Projects upon the environment or other public interests. The term “Development Requirements” also includes

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Processing Fees, the City’s New Construction Tax, and any CFD special taxes, assessments or charges approved by qualified elector s within the Property included within such CFD.

1.2.13 “DIF/Nexus Report” means the “Development Impact Fee Nexus and Calculation Report and Master Facilities Plan for the City of Chino, dated December 28, 2017,” prepared by Revenue and Cost Specialists, LLC, as approved and adopted by the Preserve Development Impact Fee Ordinance (Ordinance 2019- 009,) adopted on August 7, 2019, and any future amendments and updates.

1.2.14 “Effective Date of this Agreement” means the date this Agreement becomes effective as defined in Section 4.1.

1.2.15 “Effective Date of the Original DA” means July 1, 2004.

1.2.16 “Environmental Impact Report” and “EIR” mean that Final Environmental Impact Report SCH No. 2000121036 certified by the City Council for the Preserve on March 25, 2003, together with those City Council Findings, Facts in Support of Findings and Statement of Overriding Considerations for the Project also approved and adopted on March 25, 2003 and the Environmental Checklist and Mitigated Negative Declaration for the 2008-2014 Housing Element, General Plan Amendment PL08- 0447, Specific Plan Amendment PL08- 0448, and the Amendments and any subsequent Addendums.

1.2.17 “General Plan Amendment” means the City General Plan Amendment No. 2000 02, with respect to Subarea 2 (the Preserve) also referred to as the Preserve Area Plan, approved by the City Council by Resolution No. 2003 14 adopted on March 25, 2003 and City General Plan Amendment No. PL08- 0447, approved by the City Council by Resolution No. 2008-058 adopted on December 2, 2008.

1.2.18 “Master Plan(s)” means land use plans identifying zoning, density, and improvements for Phases of development within the Preserve, Phases 1 and 2 of which are defined in the Specific Plan and the Preserve Specific Plan Master Site Approval No. PSP MSA 2003-01, PSP MSA 2006-02 and Developer Modification of PSP MSA 2006-02 (PL 21-0032).

1.2.19 “Mitigated Negative Declaration” and “Project MND” mean that Mitigated Negative Declaration for Phases 1 and 2 of the Project, adopted by the Planning Commission of the City on September 15, 2003 by Resolution No 2003-18, as part of the Preserve Specific Plan Master Site Approval No 2003-01.

1.2.20 “Mitigation Monitoring Program” means the Mitigation and Monitoring program for the Environmental Impact Report.

1.2.21 “Phases” means those increm ents of development within the Preserve described in the Specific Plan and the Preserve Specific Plan Master Site Approval No. PSP MSA 2003-01, PSP MSA 2006-02, and Developer Modification of PSP MSA 2006-02 (PL 21-0032).

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1.2.22 “Preserve” or “Subarea 2” mean all of that real property described in Figure 1 of the Preserve Specific Plan.

1.2.23 “Preserve Development Impact Fee Ordinance” means the development impact fees established for the Public Facilities required for the Preserve that are established by Ordinance No. 2004-13, adopted by the City Council on June 1, 2004, which adds Chapter 3.45 to Title 3 of the Chino Municipal Code, all amendments and updates thereto and any future amendments and updates.

1.2.24 “Preserve DIFs” and “DIFs” mean those designated fees imposed on a Development Project pursuant to the Preserve Development Impact Fee Ordinance included in the Development Approvals as part of the Development Requirements.

1.2.25 “Preserve Regulations” means the General Plan Amendment, the Preserve Specific Plan (or “Specific Plan”), the Master Plans for Phases 1 and 2, the Environmental Impact Report, the Mitigated Negative Declaration (or “Project MND”) for Phases 1 and 2, and the Mitigation Monitoring Program and Resource Management Plan for the Preserve that govern the dev elopment and use of the land in the Preserve, including, without limitation, the type, size and location of the Preserve land use designations, the permitted uses of land within those land use designations, the density or intensity of uses of land within t hose land use designations, the maximum height and size of proposed buildings, the requirements for subdivisions, the provisions for reservation or dedication of land for public purposes, the phasing or timing of Development, and the design, improvement and construction and occupancy standards of all buildings and structures and other specifications applicable to Development in the Preserve, as they now exist or as they may be modified by Subsequent Legislation.

1.2.26 “Preserve Specific Plan” or “Specific Plan” m eans that specific plan entitled ‘the Preserve Specific Plan’ adopted by Ordinance No. 2003-06 of the City Council on April 1, 2003, as amended by Ordinance No. 2008-21 of the City Council on December 17, 2008 and further amended by Ordinance No. 2021-015 January 2022.

1.2.27 “Prevailing Wage(s)” means those wages imposed pursuant to the California S tate prevailing wage law, Chapter 1 of Part 7 of Division 2 of the Labor Code, commencing with Section 1720 and Title 8, California Code of Regulations, Chapter 8, Subchapter 3, commencing with Section 16000, for any “public works” (as that term is defined in the statues) p roject. For purpose of compliance with prevailing wage law, compliance with state prevailing wage law includes without limitation: payment of at least prevailing wage as applicable; overtime and working hour requirements; apprenticeship obligations; payroll recordkeeping requirements; and other obligations as required by law.

1.2.28 “Processing Fees” means those fees imposed by the City to recover its actual and reasonable costs to process and obtain Development Approvals described in Section 3.5.

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1.2.29 “Property” means , as set forth in Recital D above, the CHC Property, the CDC Property and the CPDC Property, as depicted in Exhibit A attached hereto.

1.2.30 “Public Facilities” mean improvements to or for park, open space, traffic, utility and other infrastructure systems, located on or off the Property or otherwise required or authorized by the Development Approvals, which are required by this Agreement or Development Approvals to be constructed and dedicated to City or other public agencies or entities designated by City. The Public Facilities include those improvements in accordance with the “public facilities” described Chapter 10 of the DIF/Nexus Report.

1.2.31 “Public Contracts Code” means the California Public Contract Code, as may be duly amended.

1.2.32 “Remaining Property” means, as set forth in Recital D above, the Remaining CHC Property, the Remaining CDC Property and the Remaining CPDC Property, as depicted and legally described in Exhibit B attached hereto. It also shall refer to any real property within the Preserve in which fee title or an equitable interest is acquired by Owners or an entity affiliated with Owners after the Effective Date of this Agreement that, upon amendment of this Agreement, becomes subject to the provisions of this Agreement.

1.2.33 “RHNA Site” means either (i) the portion of the Property specified as Planning Area 8 in the South of Pine Master Plan or (ii) an alternative site, mutually acceptable to the City and Owners, within the area bounded by East Preserve Loop Road and West Preserve Loop Road as shown in the South of Pine Master Plan.

1.2.34 “South of Pine Master Plan” means the South of Pine Master Plan approved in accordance with the Preserve Specific Plan pursuant to City Council Resolution No. 2008- 010, the PSP MSA 2006 -02 and Developer Modification of PSP MSA 2006-02 (PL21-0032).

1.2.35 “Subsequent Legislation” means any legislation or regulation by a federal, state, or regional government that affects, limits, modifies or reduces the rights of the Owners hereunder or that imposes financial burdens on the City if the City fails to implement such legislation or fails to adopt similar legislation; and any City legislation or regulation that affects, limits, modifies or reduces the rights of the Owners hereunder that becomes necessary in order for the City to offset any financial burden created by, or resulting from, any such federal, state or regional government legislation or regulation.

1.3. Scope of Agreement. This Agreement shall apply only to the development of the Remaining Property and, excepting (i) any ongoing obligations of the City or Owners, as applicable, arising from the development of the Property prior to the Effective Date of this Agreement and (ii) any benefits accruing to Owners under this Agreement, which shall be applicable to the entirety of the Property, including, without limitation, all existing apartments and the shopping center owned by Owners, it shall not apply to or be

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binding upon the Developed/Sold Properties. Rather, the obligations relating to the Developed/Sold Properties shall be those set forth in the respective conditions of approval for the development of such Developed/Sold Properties.

1.4. Exhibits. The following Exhibits are attached to this Agreement and made a part hereof:

Exhibit A D epiction of the Property
Exhibit B Depiction and Legal Description of the Remaining Property Exhibit C Program Management Duties
Exhibit D Calculation of Public Park Acreage Required
Exhibit E Reconciliation of Public Park Fee Credits and Private Open Space Credits

ARTICLE 2

DEVELOPMENT RIGHTS

2.1. Development of the Remaining Property . Owners shall have the right to continue to develop the Remaining Property in accordance with the Original Development Agreement, as amended and as further amended and restated by this Agreement, the Preserve Regulations in effect on the Effective Date of the Original DA, any Subsequent Legislation in effect at the time that an application for Development Approvals f or each Development Project is deemed complete or such later time as permitted by applicable law, at the option of the City, according to the City’s normal processes and procedures.

The Parties acknowledge and agree that any payment or performance obligations of this Agreement and the Development Approvals applicable to CHC or the CHC Property are intended to be the primary obligation of CPDC, provided, however, that CHC shall continue to be responsible for the satisfaction of all such obligations if and to the extent CPDC fails to perform any or all of them.

2.2. Maximum Residential Dwelling Units. Owners shall have the right to develop up to a maximum of a total of 8,129 residential dwelling units on the Property , with all future development to occur on the Remaining Property, which total number of residential dwelling units shall not be reduced except as provided in this Section or in the event that such reduction is required by Subsequent Legislation. Owners also may continue to develop up to a total of 2,750 multiple family rental dwelling units on the Property, again, with all future development to occur on the Remaining Property, provided that this number of multiple family rental dwelling units shall be included in the maximum number of permitted residential dwelling units. In the event Owners develop multiple family rental units as condominiums, whether rented or subsequently sold as residential dwelling units, such action shall not entitle Owners to develop any multiple family rental dwelling units in excess of the limit of the 2,750 such units permitted herein. However, Owners shall not be permitted to request more than 2,300 multiple family rental dwelling units to be developed as condominiums in order to assure that Owners shall develop and maintain the 250 affordable units required by Section 3.12(a) and a minimum of 200 other multiple family rental dwelling units. Further, the maximum number of residential dwelling

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units shall not be decreased in order to assure that the security of any bonds previously issued by the CFD for facilities or services are not materially affected.

The Parties also understand and agree that Owners shall not be entitled to any increase in the number of the residential dwelling units described herein.

2.3. Legal or Equitable Interest to Remaining Property. The rights granted to Owners hereunder shall apply only to the Remain ing Property, as depicted and legally described in Exhibit B in which an Owner has or has had a legal or qualified equitable interest on the date that this Agreement was noticed for a public hearing before the Planning Commission. Owners have demonstrate d their legal or qualified equitable interests in the Remaining Property to the City’s satisfaction, as verified by the City Engineer and the City Attorney.

2.4. E
xisting Approvals . Before approval of the Original DA, Owners received Development Approvals for Tentative Tract Maps Nos. 16418, 16419 (“A” Level), 16519, 16520, 16521, 16522 and 16523 (“B” Level), all of which are extended for the term of this Agreement, as specified in Section 4.1 hereof, subject to the performance of the conditions of approval of said tentative tract maps, the payment of the DIFs pursuant to the Preserve Development Impact Fee Ordinance, and applicable citywide development impact fees and park fees, the payment of Processing Fees described in Sections 1.2.26 and 3.5 and performance of all other Development Requirements imposed thereon. No further Development Requirements shall be imposed thereon, unless said tentative tract maps are permitted to expire, provided that Owners shall include the real property within said tentative tract maps in a CFD, to provide funding for City services and Public Facilities if the latter is requested by an Owner, as provided in Sections 3.3 and 3.4 hereof.

The residential units permitted under these tentative tract maps are part of, and not in addition, to the maximum residential units permitted under Section 2.2 hereof.

2.5. C
ertificates of Final Cancellation of Williamson Act Contracts . Certificates of Final Cancellation of the following Williamson Act Contracts have been approved:
(a) Certificate of Final Cancellation of the Van Vliet Land Conservation Contract executed October 13, 2003 and recorded in the Official Records, County of San Bernardino, as Document No. 2003-0774035 on October 14, 2003 encompassing 67.78 acres.
(b) Certificate of Final Cancellation of the Rohrs Land Conservation Contract executed October 13, 2003 and recorded in the Official Records, County of San Bernardino, as Document No. 2003-0774034 on October 14, 2003 encompassing 107.85 acres.
(c) Certificate of Final Cancellation of the Durrington Land Conservation Contract executed October 13, 2003 and recorded in the Official Records, County of San Bernardino, as Document No. 2003-0774033 on October 14, 2003 encompassing 136.77 acres.

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2.6. Development Approvals. Notwithstanding any other provision hereof, Owners shall process and obtain all Development Approvals required by the City for the development of the Remaining Property, or any portions thereof, according to the City’s normal processes and procedures.

2.7. D esign Guidelines . The Remaining Property shall be developed in accordance with the Design Guidelines, as described in Section 5.2.

2.8. M easure M . It is understood and agreed that Measure M does not apply to Development of the Property or to any other property within the Preserve.

2.9. E ffect of Changes to Preserve Regulations . Nothing herein shall affect or prohibit the City’s authority to amend or repeal the Preserve Regulations, or any provision thereof, provided that Owners shall continue to have the right to develop the Remaining Property, or any portions thereof, pursuant to the Preserve Regulations in effect on the Effective Date of this Agreement, except as Owners’ right to develop the Remaining Property, may be modified by Subsequent Legislation.

2.10. E
ffect of Subsequent Legislation . The Parties also understand that new or different Preserve Regulations and requirements for development of the Remaining Property may be imposed by laws or regulations of the State government, various regional governmental agencies or entities with regulatory jurisdiction, laws or legislation or regulations of the Federal government, or Subsequent Legislation adopted by the City Council made necessary to offset the financial burden to the City of any of the foregoing, all of which necessarily will supersede the provisions of this Agreement.

2.11. C
onditions of Compliance. The rights conferred upon Owners by this Agreement to Develop the Remaining Property, or any portions thereof, are subject to the Owners’ compliance with the terms of this Agreement including, without limitation, the following conditions and covenants:
(a) Except as expressly set forth herein or any other written agreement between City and Owners, payment of all Preserve Development Impact Fees pursuant to the Preserve Development Impact Fee Ordinance as and when required thereby and by Section 3.7;
(b) Payment of all Processing Fees and taxes as they become due under the City’s regulations as and when required;
(c) Payment of affordable housing in lieu fees to the City, as and when required by Section 3.12(c) below; provided further that (i) Owner shall also comply with the requirements set forth in the City’s 2021 – 2029 Housing Element and comply with Owners’ obligation to construct the minimum dwelling units within the RHNA Site pursuant to Section 3.12(e) herein, provided, however, after the Effective Date of this Agreement, nothing herein shall obligate Owners to any affordable housing restrictions or requirements with respect to any Property within the Preserve;

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(d) Compliance with all Development Requirements imposed on each Development Project, as part of the Development Approval; and (e) Completion and performance of all conditions of each Development Approval for each Development Project as and when required thereby including any and all Development Requirements contained in the subdivision improvement agreements provided that Owners may delegate the obligations for Public Facilities that are not needed for the subdivision to developers not P arties to this Agreement, subject to the approval of the City Engineer and the City Attorney.

2.12. Density Transfers. Subject to the limit on the number and type of residential dwelling units contained in Section 2.2 and the terms and conditions of the Development Approvals, Owners may increase or decrease the number of residential dwelling units developed within the Preserve planning areas by transferring densities in accordance with the Specific Plan. The number of residential dwelling units permitted by this Agreement but not constructed, whether or not located within existing Master Plan areas, may b e transferred to other land within the Remaining Property provided the City determines that the request to transfer units or densities meets all of the following criteria: (i) the requested transfer will not cause the maximum number of residential dwelling units in Section 2.2 to be exceeded; (ii) the requested transfer is consistent with the Specific Plan and density ranges; (iii) the requested transfer will be included in a future master plan that shows the precise location of the dwelling units; and (iv) the requested transfer does not materially impair the security of any bonds previously issued by a CFD. Each Master Plan will be subject to City review and approval.

2.13. C
ompleted Housing Development . Notwithstanding any land use changes, all housing development tracts for which certificates of occupancy have been granted prior to the Effective Date of this Agreement, have been constructed in compliance with the then- applicable planning and zoning requirements and in compliance with the applicable Specific Plan.

ARTICLE 3

MUNICIPAL RIGHTS

3.1. Municipal Services Payments. As indicted in Recital J above, Owners have paid a total of Seven Million Dollars ($7,000,000) to defray some of the City’s initial costs of providing municipal services to the Property.

3.2. A dditional Municipal Services Impact Payments . Any residential dwelling units developed by an Owner in excess of 7,000 on the Property, shall be subject to an additional payment by such Owner to City in the amount of One Thousand Three Hundred Forty-three Dollars ($1,343) for each dwelling unit in excess of that number and Five Thousand Three Hundred Sixty -nine Dollars ( $5,369) per net acre for non- residential uses developed within the Remaining Property, provided that such additional payments shall be subject to a cumulative annual adjustment from the Effective Date of this Agreement based on the percentage change in the CPI. Such additional payments shall be made prior to the issuance of a building permit for each dwelling unit within the

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Property that exceeds a total of 7,000 dwelling units. For purposes of this Section , consistent with CMC 20.24.020, net acreage shall be the gross acreage of the applicable property less all street and alley rights of way and dedications transferring title of land to a public agency.

3.3. Inclusion of Property in CFD. Pursuant to the Original DA, Owners agreed to include all of the Property within a CFD authorized to finance various City services through an annual special tax levied on assessor’s parcels on which residential, commercial and industrial structures have been constructed (the “Services Special Tax”) and authorized to finance Public Facilities and related fees through an annual special tax (the “Facilities Special Tax”) in accordance with this Agreement. In furtherance of this requirement, Owners shall petition to form one or more new CFDs, vote to include the Remaining Property within the CFD and to cooperate in every other manner regarding the annexation or formation proceedings and implementation of such new CFDs encompassing the Remaining Property. In the alternative, Owners may petition to annex all of the Remaining Property into “CFD No. 2003- 3” for which the City already has adopted a resolution of intention for a portion of the Property.

3.4. F
acilities and Services Special Taxes . The “Services Special Tax” for newly formed improvement areas and the “Facilities Special Tax” shall be authorized to be levied pursuant to a rate and method of apportionment of special taxes that substantially conforms to the rate and method of apportionment of special taxes approved for CFD No. 2003-3. The Services Special Tax shall be levied only on assessors’ parcels for which a structural building permit has been issued and shall not exceed 0.1% of the initial estimated weighted average sales price of the for-sale houses and other structures or the initial estimated value of the for -rent housing and other structures within the applicable CFD or improvement area. The Services Spec ial Tax for all commercial, industrial and multi-family rental properties within the Preserve shall be fixed and shall not be subject to escalation or increase. The City has previously formed CFD Improvement Areas 9 and 10 which include an annual Special Services Tax escalator and Owners agree that they shall not contest such Special Services Tax escalator with respect to CFD Improvement Areas 9 and 10. The Services Special Tax for the for -sale houses within The Preserve shall be updated for each Improvement Area formed after the Effective Date of this Agreement, and, thereafter, the Service Special Tax shall escalate annually by the annual percentage change in the CPI, not to exceed 7% per annum. The total of (i) the base ad valorem property tax rate, (ii) the weighted average annual Facilities Special Taxes (as distinguished from any backup or alternative special tax), (iii) the weighted average annual Services Special Taxes (non-escalated) and (iv) all other special taxes, charges, or assessments of the City or other public agency may not exceed 2% of the estimated weighted average sales price of all for-sale housing or the estimated value of the for-rent housing and other structures within each improvement area of a CFD estimated at the time of formation of the CFD. All other developing properties within The Preserve that are not seeking a Facilities Special Tax are required to annex into the City's 2003- 3 Improvement Area 5 Services CFD.

3.5. P
rocessing Fees. Owners understand that the City imposes a variety of fees and charges to recover the City’s actual and reasonable costs to process and obtain

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Development Approvals, and not to generate general fund revenues. The Processing Fees are those fees adopted annually by various resolutions of the City Council, the most recent of which is Resolution No. 202 2-007 adopted on January 4, 2022 , that include, without limitation, design review fees, environmental review fees, use permit fees, plan check fees, engineering plan check fees, engineering inspection fees, and all building permit fees. Owners shall pay all applicable Processing Fees to the City when due, at the then current rates, including, without limitation, the following fees:
(a) Architectural Review Fee to recover City's costs for architectural and landscape architectural services incurred to review site development plans, landscape plans and architectural plans for Development Projects; (b) General Plan Update Fee;
(c) Specific Plan Cost Recovery fee;
(d) Williamson Act cancellation processing fees.

3.6. Environmental Fees. The City has adopted a Resour ce Management Fee (“RMP Fee”) in accordance with Municipal Code Chapter 3.47, Ordinance # 2005-02 and the 2004 Preserve RMP Mitigation Fee Nexus Study (“RMP Nexus Study”). As set forth in that certain Construction Credit and Reimbursement Agreement by and between Chino Development Corporation and Chino Preserve Development Corporation and the City dated June 7
th 2022, Owners have satisfied all requirements of the RMP Nexus Study in connection with the development and construction of the entirety of the Property and Owners and the development of the Pro perty shall not be subject to any additional exactions relating thereto, including, without limitation, any obligation to pay any RMP Fees, to dedicate any land or construct any improvements.

3.7. P
reserve Development Impact Fees. Owners understand and agree that the City shall condition each Development Approval for each Development Project on the Remaining Property and the Existing Approvals with the obligation to pay Preserve DIFs in accordance with the Preserve Development Impact Fee Ordinance in effect at the time of the issuance of building permits; and Owners agree to pay said DIFs or construct Public Facilities as required by the Development Approvals prior to the issuance of building permits for each building or structure sought to be constructed in each Development Project.

3.8. P
hasing of Public Facilities. Notwithstanding any other provision herein, the City shall retain sole authority to determine which Public Facilities are needed for the development of the Preserve, as a whole, and for the development of the Remaining Property, as part of the Preserve, and also to determine the sequence of the construction of such Public Facilities. The City’s determinations as to the required Public Facilities and the sequence of their construction shall be imposed in the Development Approvals for each of the Development Projects for which approval is requested by an Owner. Such determinations by the City may result in the imposition of greater requirements for Public Facilities in Development Approvals for particular Development Projects such that said

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Development Approvals may not be reasonably related to the impacts created by the development of the particular Development Projects. Nevertheless, Owners hereby agree to construct the Public Facilities required by the Development Approvals and to construct them according to the sequence prescribed by the City for those Development Projects, subject to fee credits and/or reimbursements, as appropriate.

3.9. Dedication of Public Facilities. Owners shall dedicate or reserve land within the Remaining Property for construction of the Public Facilities identified in the Development Approvals or Development Requirements. The term “dedicate” as used in this Agreement means not only to acquire and convey such land to the City, but also, in most cases, to construct Public Facilities on such land and thereafter convey such land and Public Facilities to the City. Owners shall convey such land on which the Public Facilities are to be constructed at the time required by the City Engineer in the exercise of his or her reasonable discretion, but no later than the recordation of the final tract or parcel map for which such Public Facilities were required. Owners shall convey the land improved with public parks, trails, street improvements, storm drains, sewer mai ns, retention ponds and natural treatment systems to the City in fee simple or as otherwise requested by City, and shall convey easements in all other property required to be dedicated to the City. Owners shall dedicate and City shall accept each Public Improvement upon completion to the City Engineer’s satisfaction of such Public Improvement. Said dedications of Owners’ Remaining Property shall not be subject to any claim of compensation or reimbursement by Owners unless stated otherwise in this Agreement or permitted by the Acquisition Agreement or the DIF/Nexus Report.

3.10. P
roperty Acquisition for Public Facilities. The Parties acknowledge that certain of the Public Facilities required under this Agreement may be located on property which is neither owned nor controlled by an Owner. For purposes of this Section 3.10, such parcels of real property shall be called an “Acquisition Property” or the “Acquisition Properties”. Owners shall exercise reasonable and diligent good faith efforts to acquire the Acquisition Properties no later than one hundred eighty (180) days prior to the Acquisition Deadline, as determined by Owners and City, from the record owner(s) of the Acquisition Properties at a cost and upon terms acceptable to Owners and approved by City. If, despite such efforts, Owners are unable to acquire any Acquisition Property, the City agrees to cooperate with Owners to acquire same, and will in good faith consider taking all actions legally available to City to acquire an Acquisition Property.

Notwithstanding the foregoing, Owners shall not be required to acquire property if the total acquisition cost exceed 125% of the average per acre cost of all real property previously approved by the Director of Public Works of the City for acquisition by the City within the preceding two years, plus a maximum of Fifty Thousand Dollars ( $50,000) for all legal, engineering and other costs incurred by the Owners. The Owners shall reimburse the City for all costs and expenses incurred by the City in connection with such acquisition, including, without limitation, all attorneys’ fees, expert witness fees, filing fees, and all other court costs; engineering, surveying, site inspection costs; environmental study and review costs; appraisal costs; property remediation costs; relocation assistance benefits; title insurance; payment of just compensation, including loss of goodwill, relocation expenses, damages, interest and/or attorneys’ fees determined in court or in settlement negotiations; and all other reasonable costs and expenses of the City, its

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attorneys or agents, in any way relating to the acquisition or attempt at acquisition of any such Acquisition Property.

3.11. Relocations. City agrees to diligently take all actions permitted under its existing municipal authority to cause the removal or relocation of all structures or encroachments within public easements or other rights-of-way in the Preserve over which the City may exercise such authority by virtue of its ownership, control or other statutory authority, which i mpede or impair the construction of any Public Facilities by Owners within the Preserve. Owners shall notify the City in writing of any such encroachments a minimum of ninety (90) days prior to the commencement of the construction that will be impeded or impaired by such structures or encroachments; and Owners shall reimburse the City for all costs incurred by the City in such removal or relocation.

3.12. A
ffordable Housing Units and Inclusionary Housing Fee.
(a) As of the Effective Date of this Agreement, Owners have constructed 250 dwelling units affordable to individuals or families , consisting of 53 dwelling units affordable to individuals or families earning 50% or less of area median income, 53 dwelling units affordable to individuals or families earning 80% or less of area median income and 144 dwelling units affordable to individuals or families earning 120% or less of area median income.
(b) Owners have paid to City Nine Million Two Hundred Thousand Dollars ($9,200,000) as mitigation for affordable housing. (c) . For each residential dwelling unit in excess of 7,000 on the Property for which Owners build , Owners shall pay the affordable housing in- lieu fee (the “Affordable Housing Fee”) imposed pursuant to City Ordinance No. 2004-28 (the “Affordable Housing Fee Ordinance”). The amount of such Affordable Housing Fee shall be in accordance with the Affordable Housing Fee Ordinance set forth in CMC 3.46.040.

Owners may elect, in their sole discretion, to pay the Affordable Housing Fees for all or any portion of the dwelling units to be constructed on the RHNA Site and shall receive unit-for-unit credit against the Affordable Housing Fee for any dwelling units later constructed within the Property in excess of 7,000 dwelling units. In addition, if Owners elect to construct affordable housing units within the Property or at any other site within the City approved by the City, in excess of those units required pursuant to Section 3.12(a), Owners shall be entitled to a credit against the Affordable Housing Fees in an amount to be mutually determined by the Parties.

(d) Owners agree that no fewer than a total of 600 dwelling units will be constructed within the RHNA Site in one or more discrete projects, the timing of construction of which shall be subject to market conditions, of which, as of the Effective Date of this Agreement, 45 dwelling units have been built and 555 remain to be built. The average residential density within the RHNA Site shall be not less than 30 dwelling units per acre or as reasonably determined by the City to be consistent with the City’s housing element, provided any individual project may have a density less than 30 dwelling units per acre or more than 30 dwelling units per acre,

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not to exceed 45 dwelling units per acre. The City shall r evise the Preserve Regulations as City deems necessary to accommodate any residential project within the RHNA Site at a density of up to 45 dwelling units per acre. Any residential project within the RHNA Site which meets the density requirements set forth in this Section

3.12(e) shall not be subject to any affordable housing covenants.

3.13. Covenants, Conditions and Restrictions (CC&Rs) . In the event that a Development Project has common areas, amenities and facilities that are not maintained by the PMMC (defined in Section 3.14 below), the City may condition each Development Approval for each such Development Project in the Remaining Property on the obligation to create and impose specific homeowner associations to maintain such common areas, amenities, facilities or other improvements for the exclusive use of the residents within such residential Development Projects or commercial common area associations, as applicable, (“Project HOAs”) pursuant to appropriate recorded declarations of covenants, conditions and restrictions (“CC&Rs”) in accordance with the City Attorney Policy – Guidelines and Protocol for Review and Approval in effect as of the Effective Date of this Agreement, as may be amended from time-to-time, and shall be reviewed and approved by the Director of Community Development, the Director of Public Works and the City Attorney. In addition to the provisions desired by Owners, the CC&Rs shall contain those provisions required by the Development Approvals or Development Requirements, and provisions necessary to implement said Development Approvals and Development Requirements to the satisfaction of the Director of Community Development, the Director of Public Works and the City Attorney. The CC&Rs also shall contain provisions granting to the City the right to enforce their provisions and the right to approve any subsequent changes in such CC&Rs. The Parties shall record the CC&Rs concurrently with the recordation of all final maps or prior to the issuance of building permits, as determined by the Director of Community Development and the Director of Public Works. Further, Owners shall reference the CC&Rs in all deeds or conveyances by which any interest in the Remaining Property, or portions thereof, are first conveyed to any third party including each conveyance from CHC to CPDC. In the event that Owners, or their subsequent transferees of title fail to reference the CC&Rs in such deeds or conveyances, City may refuse to issue any Development Approvals or permits of any kind to said person or entity unless and until such defect is cured to the reasonable satisfaction of the City. The Parties acknowledge that such CC&Rs will run with the land and be binding upon all purchasers and grantees of lots or parcels within the Remaining Property, or p ortions thereof, pursuant to California Civil Code Section 1468, and that the CC&Rs shall be referenced in the deed by which each and every lot is first conveyed. The Parties acknowledge and agree that foregoing requirement regarding CC&Rs excludes PMMC, which already has recorded CC&Rs.

3.14. M
aintenance by Homeowners Associations . In addition to the Preserve Master Maintenance Corporation (“PMMC”), which is a master association formed to maintain common areas, amenities and facilities shared by the entire Preserve, Owners have and may, in connection with future residential Development Projects, continue to create one or more Project HOAs. The PMMC was created and it’s guiding Declaration of Covenants, Conditions, Restrictions and Reservations of Easements for the Preserve was recorded on February 4, 2005, as Document No. 2005- 0087531 (“ PMMC

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Declarations”). The Project HOA s shall, maintain all common areas, amenities and facilities within each Development Project. The Owners created the PMMC to permit annexation of properties within the Preserve other than the Property; and City shall , to the fullest extent permitted by law, (i) allow the annexation of such other properties to the PMMC, subject to payment of pro rata costs and expenses applicable to such properties, (ii) require the land owners to form their own independent HOA for the purpose of contributing their pro rata share of maintenance costs to the PMMC , or otherwise pay their pro rata share of such costs and expenses to the PMMC , or (iii) require the land owners to assume maintenance obligations for specified areas in lieu of the PMMC . On July 19 , 2017, the City and PMMC entered into that certain City Preserve Property Maintenance Agreement (“PMMC Agreement” ), which sets forth PMMC’s obligations related to the Preserve and the City’s rights to enforce the maintenance obligations under the PMMC Declaration. The PMMC Agreement controls the Parties’ specific obligations regarding the PMMC’s obligation to maintain common areas, amenities, facilities or other improvements for the exclusive use of the residents within such Development Projects as well as public facilities dedicated to the C ity in fee or by easement for use by the public within the Preserve. In addition, City agrees to require all nonresidential landowners and residential landowners that do not annex into the PMMC to pay their pro rata share of the maintenance costs of any e ntry monument located on or about their property or to otherwise pay their pro rata share of the maintenance costs of all Preserve entry monuments as shown in the Preserve Specific Plan dated September 2016, as well as their pro rata share of the Preserve sewer lift station operations , the landscaping and street lighting maintenance within public right of way within the landowner projects, and their prorated share of parks and drainage retention basins maintenance. The City contemplates three tiers of h omeowners associations that will facilitate maintenance of amenities, facilities and improvements within the entire Preserve, each having different maintenance responsibilities as follows:
(a) The PMMC shall include the entire Preserve, and shall maintain and operate the following types of amenities, facilities and improvements:
(1) Street lights on all public streets, including local, collector, and arterial streets;
(2) Landscape maintenance, including electricity and water on City-owned parkways located in the rights -of-away of local, collector and arterial streets as well as landscape
maintenance of parcels owned by the PMMC;
(3) Maintenance of the Public Parks within the Preserve but expressly excluding the regional park planned for the
Preserve;
(4) Ownership and maintenance of the Pocket Parks;
(5) Street tree maintenance on all streets;

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(6) Landscape maintenance of the Southern California Edison Easement Multi -Use Trail and Equestrian Trails throughout the Preserve, including the multi-purpose perimeter trail along the southern project boundary 566’ inundation line;
(7) Landscape maintenance of the Town Green(s);
(8) Landscape maintenance of the CIW perimeter landscape area; and
(9) Class 1 bicycle trails, potential trail link to the planned Crest to Coast trail and/or transit stops; and
(10) Retention ponds and Natural Treatment Systems.
(b) The PMMC shall include the following residents and functions:
(1) All residents living in one or more Development Projects, including those living in multiple family rental units; (2) This Preserve Community HOA may handle community
functions, Intranet -website maintenance, and possibly
transportation shuttles within the Property.
(c) The Project HOAs shall be specific to the requirements and needs of one or more Development Projects. The Project HOAs shall maintain common amenities, facilities and other improvements such as common street s and street lighting, common recreational facilities and common area landscape and amenities.

3.15. Retained Authority. Except as provided herein, the City retains all governmental authority, discretion and powers conferred upon the City under the general laws and Constitution of the State of California; and nothing herein shall abrogate or diminish the governmental authority, discretion and powers of the City. In furtherance hereof, the City shall have the right to impose any condition, obligation or requirement on the Owners under this Agreement as conditions or requirements on any Development Approval for the development of the Remaining Property, or any portions thereof, and as permitted by the Preserve Regulations and Subsequent Legislation.

3.16. A
mericans With Disabilities Act. City and Owners are parties to that certain Settlement and Release Agreement, which pertains to the City’s enforcement of the federal Americans with Disabilities Act of 1990 and relevant provisions of Title 24 of the California Building Code and any other applicable accessibility regulations and guidelines promulgated by federal and California State agencies and City -adopted accessibility standards for public and private improvements. City and Owners hereby agree that they shall abide by the terms and provisions of the Settlement and Release Agreement entered into by City and Owners and the same shall apply to the development of The Preserve.

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3.17. Meetings Between Owners and City’s Police Department. Owners and the City’s Police Department have been working together to deter criminal activity within Owners apartment communities. Owners and City agree to continue to cooperate in holding meetings between representatives of Owners and the City’s Police Department on an approximately semi -annual basis to discuss crime deterrence measures in and about Owners’ apartment communities and Owners will consider implementation of such measures as it deems practicable in its sole and absolute discretion.

3.18. E
state Residential. Owners shall develop a minimum of twenty-three (23) acres of land designated as Estate Residential pursuant to the Preserve Specific Plan.

ARTICLE 4
TERM.

4.1. Term. The Effective Date of this Agreement shall be the 31st day after adoption of the ordinance that approves this Agreement provided it has been executed by all Parties (the “Effective Date of this Agreement”). The term shall expire on July 1, 2034, unless sooner terminated or extended by the mutual consent of the Parties or as otherwise provided herein. Upon the expiration or termination of this Agreement, it shall be of no further force and effect, and all rights and obligations hereunder shall cease immediately. However, such expiration or termination shall not affect any right or obligation of the Parties arising from any Development Approval of a Development Project granted prior to such expiration or termination; and any such right or obligation shall be based solely upon such Development Approval.

4.2. T
erm of Subdivision Maps . Pursuant to Government Code
Sections 66452.6(a)(1) and 65863.9, the term of any tentative subdivision or parcel map approved by the City for any Development Project based upon a Development Approval, including the Development Approvals of the tentative tract maps described in Section 2.4 hereof, shall be extended for the full term of this Agreement, but not beyond. However, the term of tentative subdivision or parcel maps approved in the last three (3) years of this Agreement shall be for the period permitted by the Subdivision Map Act in effect on the approval of said tentative maps.

4.3. S
chedule of Development . The Parties acknowledge that the Owners cannot at this time predict when or the rate at the Remaining Property will be developed and this Agreement does not require that Owners commence or complete development of the Remaining Property or any portion thereof within any period of time set by City.

Such decisions depend upon numerous factors which are not within the control of the Owners, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Because the California Supreme Court held in Pardee Construction Co. vs. City of Camarillo, 37 Cal. 3d 464 (1984) that failure of the parties to provide in an agreement for the timing of development allowed a later adopted initiative restricting the timing of development to prevail over the parties’ agreement, it is the intent of Owners and the City to cure that deficiency by acknowledging and providing that Owners shall have the right to record maps and develop the Remaining Property in such order and at such rate and at such time as Owners deem appropriate; provided, however,

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subject to market conditions, as demonstrated by Owners and as deemed reasonable by City, as well as the availability of necessary infrastruct ure, Owners shall endeavor to prioritize development of the Block 3 Low Density Residential (“LDR”) units. In order to implement Owners ’ development of the Property under Section 2.1, Owners shall retroactively, commencing July 1, 2020, develop and construct an average of one hundred (100) residential dwelling units per year within the Property. By way of example, as of July 1, 2025, Owner shall have developed and constructed within the Property a total of not less than five hundred (500) residential units between July 1, 2020 and July 1, 2025. For purposes of this section, the construction of a residential dwelling unit shall be deemed to occur upon the issuance of certificates of occupancy. Owners shall construct the Public Facilities or pay applicable Preserve DIFs for the construction of same, in accordance with conditions of approval imposed by the City on each Development Project. Except as provided in Section 4.4 below, Owners may develop and construct residential dwelling units in any year in numbers greater than those numbers required in any year of this schedule.

4.4. Moratorium. During the term of this Agreement, the City shall not impose any moratorium affecting an Owner’s right to develop the Remaining Property for the uses permitted under the Preserve Regulations and the Existing Approvals. However, the City Council reserves the right to impose a moratorium affecting the schedule of Development of the Remaining Property, or any portions thereof, in the event that it determines that the City cannot serve th e Remaining Property with essential public services despite its full compliance with all of its obligations under this Agreement, or in the event the that it determines that a moratorium is required to protect an imminent threat to the public health, safety, or welfare.

ARTICLE 5

PRIVATE IMPROVEMENTS

5.1. Community Design Elements. Owners will prepare and submit to the City, for City’s approval, design standards and guidelines for the following elements of each Phase of the Specific Plan:

5.2. D
esign Guidelines. Owners have prepared and City has approved design guidelines for Phases 1 and 2 in the approved Preserve Specific Plan Master Site Approval No. 2003- 01. Owners have submitted revised design guidelines to the City which were approved in November 2021, for all development of the Remaining Property to occur after the Effective Date of this Agreement (“Design Guidelines”) . The Design Guidelines shall be referenced in all sales contracts and in the CC&Rs recorded upon the initial sale of land within each Development Project by Owners. The Design Guidelines shall be the basis on which to review and approve Development Projec ts during Development Approvals.

5.3. P
reserve Gated Communities. Certain Development Projects may lend themselves to being developed as gated communities. The Planning Commission may approve, with appropriate conditions, or disapprove, in its reasonable discretion, any Owner’s request for approval of a gated community in a Development Project. Whenever

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a gated community is approved, before the effectiveness of any approval of a gated community, the Project HOA for such gated community shall be required to negotiate and execute appropriate agreements with City , subject to Planning Commission and City Council approval, to accomplish the transfer of any public improvements within such gated community by the City to the Project HOA and, thereafter, for the Project HOA to perpetually maintain, repair and replace the City-approved public and private improvements, including drainage, sewer, street, water and other infrastructure systems at the Project HOA ’s cost, which requirement shall be imposed by CC&Rs and other appropriate legal documentation approved by the City. F uture authorizations for gated communities or private streets for single family residential development shall be governed by the then applicable provisions of the Chino Municipal Code, and Owners shall abide by the provisions of CMC Section 19.06.040(A)(3), as amended from time to time or any successor code provision in this regard, provided, however, the foregoing shall not be applicable to any development that has received approval for private streets before the Effective Date of this Agreement.

5.4. Recreational Vehicle Storage. As of the Effective Date of this Agreement, Owners submitted a plan to the City which demonstrated the number and location of the required number of recreational vehicle spaces to serve the Property and City approved such plan on April 26, 2005. Additionally, since such approval by the City two additional recreational vehicle storage facilities comprised of 1,436 spaces have
been developed and are operating within the City. As such, the City hereby deems this as compliance with the RV Parking regulations in the Preserve Specific Plan.

Notwithstanding the foregoing,
Owners shall, at their option, either (i) provide an
additional fifty (50) recreational vehicle spaces at a recreational vehicle storage facility, which may, at Owners’ election, include a self -storage facility, within the Remaining Property to be located east of the California Institution for Women or (ii) contract with a third party outside of the Owner’s Property to provide an additional fifty (50) recreational vehicle spaces which are available to the residents of the Preserve for duration of the term of this Agreement, subject to the reasonable approval of the City Manager of the City. Additionally, each residential lot within “E state Residential” property (based on Specific Plan zoning designations) within the Preserve shall provide room for the parking of a recreational vehicle; provided, however, for every recreational vehicle space in excess of the fifty (50) provided as set forth above, one (1) Estate Residential lot shall not be required to provide room for parking of a recreational vehicle. The foregoing shall constitute full mitigation of Owners’ RV Parking obligations for the Preserve, including the Remaining Property, through the full buildout of the Remaining Property even if such buildout is not completed prior to the end of the term of this Agreement. If Owners develop the recreational vehicle storage and/or public storage facility , it shall not reduce the number of 8,129 total units permitted to be built by Owners within the Property.

ARTICLE 6

CONSTRUCTION OF PUBLIC FACILITIES

6.1. Entry Signage and Monumentation. Owners have constructed and installed entry signage and monumentation at those locations within the Property established in accordance with signage plans approved by the City pursuant to Development Approvals

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and as described and depicted in Figure 2 4 of the Specific Plan, excepting industrial properties north of Kimball Avenue. Within thirty (30) days after the Effective Date of this Agreement, Owners shall pay to the City Fifty Thousand Dollars ($50,000) and the City shall utilize such funds to construct and install freestanding monument signage at the entrances to Garden Park and Forest Park. Developer shall submit to the City the names of all future parks and public buildings, which shall be subject to the formal review and approval by the City’s Community Services Commission and City Council. The PMMC shall maintain all such signage and monum entation on any public parks that PMMC is maintaining pursuant to the terms of the PMMC Agreement.

6.2. Public Transportation Facilities. Owners shall design, construct and dedicate bus shelters, bus stops, bus turnouts, and transit stops within the Remaining Property required by any Development Approval, at the required locations in accordance with the plans and specifications approved by the City and any other agency with regulatory jurisdiction.

6.3. P
ublic Utilities. Owners shall construct all public utility facilities within the public rights-of-way within the Remaining Property that are required by the public utility purveyors. The City shall determine the location of such public utility facilities within the rights-of-way in the Development Approvals and approval of the plans and specifications for such public utility facilities. As a condition of acceptance of dedication of such public utility facilities and rights-of-way, the public utility purveyors shall be required to maintain said public utility facilities and rights-of-way thereafter.

6.4 P
ublic Facilities . Owners shall design, construct, and dedicate those Public Facilities required by any Development Approval and this Agreement which are located on Owners’ Remaining Property, in accordance with the plans and specifications approved by the City and any other agency with regulatory jurisdiction. Owners also acknowledge and hereby agree that the rights -of-way within an Owner’s Remaining Property necessary for such Public Facilities shall be dedicated to the City. Public Facilities constructed by Owners with public funds such as CFD and DIFs shall adhere to the requirements set forth in Articles 8 and 9 of this Agreement . The following Public Facilities are required in conjunction with the required Public Facilities mandated by Development Approvals:

6.4.1 M
iscellaneous Residential Amenities : Projects PA-001/Paseos and Trails; PA -002/Perimeter Trail; PA -003/Landscaping of Southern California Edison (“SCE”) Easements; and PA-004/Community Core Commons, as better described in the DIF/Nexus Report. Subject to the approval of SCE, Owners shall dedicate the improvements to the SCE power line easement area on Owners’ Property, as approved by the City, pursuant to the terms of that certain SCE Consent Letter dated July 28, 2015 by and among City, SCE, CDC and CPDC, which was executed by the City on July 25, 2018 and which is hereby incorporated by reference and made a part of hereof.

6.4.2 C
alifornia Institution for Women . Subject to the approval of the State Department of Corrections, Owners shall design, construct and dedicate the landscape improvements along the Chino Corona Road (also known as Cucamonga Avenue)

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frontage of the California Institution for Women, as approved by the City, when the Owner’s land adjoining the California Institution for Women is developed.

6.4.3 Pine/Main Intersection Improvements Project TR-123. Owners shall design and construct that portion of the intersection at Pine Avenue and Main Street located on Owners Property, as specifically described in the DIF/Nexus Report. Owners shall also construct and dedicate enhanced landscape and streetscape improvements to Pine/Main Street intersection, as directed by the Planning Commission, on a portion of said intersection owned by Owners and as approved by the City, which dedications and improvements shall be eligible for reimbursement or DIF credits under the City’s DIF program.

6.4.4 Co
mmunity Facilities . As of the Effective Date of this Agreement, pursuant to the City’s nexus study it is estimated that there is a need for approximately 54,781 square feet of community facilities for the proposed population located within the Preserve Specific Plan boundary (“Preserve Facilities”). It is further estimated that the proposed population located on land owned or previously owned by Owners within the Preserve would require a need for approximately 38,755 square feet of community facilities. Prior to the Effective Date of this Agreement, Owners have constructed 20,968 square feet of community facilities (“Existing Facilities”), however, due to the joint use nature of the Existing Facilities, Owners are credited with providing only 12,386 square feet of community facilities, leaving a shortfall of Preserve Facilities of approximately 42,395 square feet (54,781 sf total – 12,386 sf provided to date = 42,395 sf) (“Remaining Preserve Facilities”) and a remaining Owners’ obligation of approximately 26,369 square feet of Remaining Preserve Facilities (38,755 sf – 12,386 sf = 26,369 sf). Owners agree to construct the Remaining Preserve Facilities comprising 42,395 square feet pursuant to the terms and provisions set forth herein and in accordance with Subsection (f) below. (a) Pursuant to the terms herein, Owners shall be responsible for the development of the Remaining Preserve Facilities. The Remaining Preserve Facilities shall be developed on approximately three (3) acres within Block 9 of the Preserve at the southeast corner of Main Street and Market Street (“Facilities Land”). The Remaining Preserve Facilities shall include those facilities and amenities as mutually agreed between City and Owner and reflected in the plans developed pursuant to Section

6.4.4(d) below. The Parties acknowledge that, as developed, the Preserve community has a significant number of amenities for its residents (“Preserve Amenities”) not generally found in other locations within the City. The goal of the P arties herein is to design and construct the Remaining Preserve Facilities in a manner to compliment the Preserve Amenities and not compete with the Preserve Amenities. (b) As of the Effective Date of this Agreement, Owners have not paid public use facilities DIFs (“PUFDs”) and Owners have received Public Use Facilities DIF Credits in the amount of One Million Five Hundred Thousand Dollars ($1,500,000) due to the construction of certain Public Facilities by Owners. Based upon the number and nature of the residential units developed as of January 1, 2023, if Owners had been paying PUFDs, they would have paid Ten Million Five Hundred Thirty -three Thousand Four Hundred Forty Dollars ($10,533,440) less the aforementioned One Million Five

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Hundred Thousand Dollars ($1,500,000) for a total of Nine Million Thirty-three Thousand Four Hundred Forty Dollars ($9,033,440) (“Prior DIF Credit s”). If Owner were paying PUFDs in lieu of building the Remaining Preserve Facilities , it is anticipated that Owner would pay an additional Twelve Million Eight Hundred Nine Thousand Six Hundred Fifty Dollars ($12,809,650) for all PUFDs on permits issued after January 1, 2023 (“Future DIF Credits”). Collectively, the Prior DIF Credits and the Future DIF Credits are referred to as (“Public Use Facilities DIF Credits”). The Community Centers and Library DIF Categories have been combined into one DIF Categor y Public Use Facilities (Community Centers and Library) and collected Citywide in 2017 DIF Update. (c) The Parties anticipate that the Remaining Preserve Facilities shall be designed to a design and construction budget as of September 30, 2023 (“Budget”) in the amount of Thirty -one Million Six Hundred Sixty -nine Thousand Nine Hundred Thirteen Dollars ($31,669,913) ( i.e., $747.02 per square foot x 42,395 square feet = $31,669,913) which includes a Program Management Fee (defined in Section 6.4.4 (f)vii below), design, rough and precise grading and all construction costs , including, without limitation, soft costs, a construction management fee, furniture, fixtures, equipment and required public infrastructure. The Budget also includes a ten percent (10%) contingency on all costs except the Land Value (defined in Section 6.4.4 (f)iv below) and the Budget does not include the Land Value. Together the Budget plus Land Value shall constitute the total estimated costs of the Remaining Preserve Facilities (“Total Budget Costs”).
(d) The City’s I nfrastructure Committee, it’s City Manager or designee, the City’s Director of Community Services and Owners shall endeavor, in good faith, to meet once per month commencing in May of 2023 to collectively design the Remaining Preserve Facilities with the intent of agreeing upon a schematic design of the Remaining Preserve Facilities that is within the Total Budget Costs by February 28, 2024.

The Parties shall further endeavor, in good faith, to meet monthly until such time as the Remaining Preserve Facilities have been constructed and accepted by the City. Owners shall cause schematic designs to be prepared, which will be comprised of an overall site plan, a conceptual building floor plan, and a conceptual elevation. (e) Due to the nature of the Preserve Amenities, the City reserves the right to allow credit towards the Remaining Preserve Facilities for exterior amenities.

For example, if a multi-use promenade or paseo was included adjacent to the Community Center, the City , at its option, could give credit for exterior amenities from the Miscellaneous Residential Amenities DIF Fee for the Community Core Commons. (f) The Parties shall negotiate in good faith a construction, credit and reimbursement agreement (“Community Facilities Construction Credit and Reimbursement Agreement”) prior to commencing the final design and construction of the Remaining Preserve Facilities . The Community Facilities Constructio n Credit and Reimbursement Agreement shall include the following core principles:
i. Owners shall be responsible for construction of the Remaining Preserve Facilities, so long as the City has delivered to Owners the Notice to

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Proceed (defined in subsection vi below) in compliance with subsection vi below at least eighteen (18) months prior to the date of the expiration of the term of this Agreement. ii. City is responsible for accepting, maintaining, and operating the Remaining Preserve Facilities . Upon acceptance of the Remaining Preserve Facilities the City shall release and indemnify Owners for all claims associated with the Remaining Preserve Facilities.
iii. The Land Value, actual Program Management Fee,
and actual construction management fees and all amounts paid by Owner for design (including all amounts advanced by Owners pursuant to this Section 6.4(d) above), grading and construction costs (including, without limitation, soft costs, DIFs, furniture, fixtures, equipment and required public infrastructure) incurred by Owners for the construction of Remaining Preserve Facilities shall collectively be referred to herein as the “Actual Costs”.
iv. City and Owners agree that the value of the Facilities Land contributed by Owners is Three Million Nine Hundred Eleven Thousand Three Hundred Thirteen and 72/100 Dollars ($3,911,313.72) (“Land Value”). The Land Value assumes that the Facilities Land is mass graded and all utilities stubbed to the site and adjacent streets are complete. The Land Value is based on approximately 2.92 acres multiplied by the weighted average of the land value portion of the City’s Public Use Facilities DIF based on the timing of the past and estimated future issuance of Owners’ building permits, which is One Million Three Hundred Thirty-nine Thousand Four Hundred Ninety-one Dollars ($1,339,491) per acre. The Land Value shall be adjusted based on the final number of acres.
v. The amount of the cash reimbursement payable to
Owners shall be the amount of the Actual Costs, including the Program Management Fee (defined in Subsection vii below) less Public Use Facilities DIF Credits (“Cash Reimbursement”). The Cash Reimbursement shall be paid in three equal installments on an annual basis over the thirty-six (36) month period commencing the date which is twelve (12) months after a Notice of Completion has been recorded in the official records of the County of San Bernardino on the Remaining Preserve Facilities. The failure of the City to pay to the Owners the Cash Reimbursement in a timely manner shall constitute a material default of this Agreement and any unpaid amounts shall bear interest at the maximum rate allowed by law or ten percent (10%) per annum, whichever is less (“Default Rate”). vi. Owners shall not be required to commence
construction of the Remaining Preserve Facilities until the date that is one hundred eighty (180) days after the date that City has delivered a written notice to Owner to proceed with the construction of the Remaining Preserve Facilities (“Notice to Proceed”), provided the City may not issue the Notice to Proceed until such time as the City has finally approved all construction drawings for the Remaining Preserve Facilities. vii. An Owner shall be entitled to an administration and program management fee in the amount of three percent (3%) of the Actual Costs

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excluding the Land Value for Owner’s program management of the design and construction of the Remaining Preserve Facilit ies (“Program Management Fee”). The Program Management duties shall include those set forth on Exhibit C attached hereto, as applicable, and shall be exclusive of those duties performed by a construction manager and no administrative and program management credit shall be authorized for any duplicative activities performed by Owner and any construction manager. The Program Management Fee shall be included in the Cash Reimbursement. viii. Owners shall be entitled to CFD proceeds in the
amount of the Public Use Facilities DIF Credits. Except as contained herein , Owners shall have no other obligation to construct Public Use Facilities or pay PUFDs. ix. Among other conditions, the City conditioned Master Site Approval PL 20-0014 and Tentative Tract Maps 16420-4 and 20380 on the following:
o The design of the park in Block 9 (“Block 9 Park”) must be approved prior to the first Certificate of Occupancy being issued for project area within Tentative Tract Maps 16420-4 (condition 6.7 PL 20-0014) and 20380. o The Block 9 Park must be completed prior to the last Certificate of Occupancy being issued for units within boundaries of Tentative Tract Maps 16420-4 (condition 6.8 PL 20-0014) and 20380.
o The Art Walk adjacent to Main Street must be completed prior to the last Certificate of Occupancy being issued for units within the boundaries of project area Tentative Tract Maps 16420- 4 (condition 6.9 PL 20- 0014) and 20380.

City and Owners acknowledge and agree that because the design and construction of the Block 9 Park is dependent on the design of the Remaining Preserve Facilities, as of April 12, 2023, through no fault of the Parties, there has been a delay of three (3) months in connection with the design of the Block 9 Park. Additionally, if Owners can reasonably demonstrate to the City that the design of the Block 9 Park has been further delayed by the City, the City shall extend the timing of the above conditions on Master Site Approval PL 20- 0014 and Tentative Tract Maps 16420 -4 and 20380 for the period of such delay.
(g) The Parties agree the Remaining Preserve Facilities may be constructed in phases to accomplish the core principles of the Community Facilities Construction Credit and Reimbursement Agreement.
(h) In the event that the City fails to deliver to Owners the Notice to Proceed at least eighteen (18) months prior to the date of the expiration of the term of this Agreement, Owners shall pay to the City all PUFDs then owed by Owners to City less (i) all expenses incurred by Owners in connection with the design of the Remaining Preserve Facilities and (ii) Four Hundred Seventy -five Thousand Forty -eight Dollars ($475,048) (which represents one- half (1/2) of the Program Management Fee) within thirty (30) days after the date the City delivers to Owners a written demand for payment

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of such PUFDs owing and the conditions in Subsection (f)ix above shall be deemed waived. The failure of Owners to pay to City the PUFDs then owed in a timely manner shall constitute a material default of this Agreement and any unpaid amounts shall bear interest at the Default Rate.

6.5 Water Facilities. CDC, CPDC, LS College Park, LLC, Lennar Communities, Inc. and Owners; affiliate, Lewis Management Corp. entered into a credit and reimbursement agreement with the City for the construction of Phase One of the Eastside Water Treatment Facility (“Contract No. 2017-177”). Pursuant to the terms of Contract No. 2017-177, Owners’ obligation for water treatment facilities is fulfilled for all of Owners’ Property within The Preserve.

6.5.1 City will pay cash for a 0.19 acre site located in Ontario on Schaefer Avenue commonly referred to as Bon View Well Site #1, which is owned by CDC, based on the value, as zoned and as determined by an independent third party appraisal, which appraisal shall be completed by April 1, 2023. The City’s purchase of the 0.19 acre site shall close within ninety (90) days after the date of such appraisal. The City will also purchase certain water facilities constructed by CDC at the Eastside Water Treatment Facility as agreed to by Owners and City for the amount of Seventy-two Thousand Eight Hundred Dollars ($72,800) in cash, which shall be paid within thirty (30) days after the Effective Date of this Agreement.

6.5.2 With respect to water facilities relating to the Preserve, unless otherwise mutually agreed upon, in writing, by the P arties in their sole and absolute discretion, Owner shall only be required to design and construct water and reclaimed water pipelines within the Remaining Property, for which Owner shall be entitled to water facilities DIF credits. City shall be required to construct the remainder of the water facilities necessary for the development of the Preserve, which water facilities shall include, without limitation, reservoirs, wells, treatment, storage, transmission and distribution facilities outside of the Remaining Property and City shall not require as a condition of approval for the development of any portion of the Remaining Property that Owners develop or construct any water facilities other than water pipelines within the Remaining Property. Owners shall pay Preserve water facilities DIFs after all w ater facilities DIF Credits, including all Excess Pre serve Water DIF Credits (defined in Section 6.5.5(a) below) are exhausted.

6.5.3 Based upon the construction of and availability of Water Facilities, City shall not impose a moratorium based on water facilities or water availability upon the Remaining Property or any portion thereof unless such moratorium applies City-wide.

6.5.4 Subsequent to the execution of this Agreement , the City shall take the lead for the design and construction (entirely or partially, in the City’s discretion) for the additional wells, reservoirs and conveyance outside of the boundaries of the Remaining Property as required for build-out of the Preserve.

6.5.5 Owners and City shall enter into an additional w ater facilities construction credit and reimbursement agreement (“Water Facilities Construction Credit

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and Reimbursement Agreement”) for the remaining water facilities for the Remaining Property, at which time the Owners’ obligation with respect to water facilities will be met through the execution of and performance under the Water Facilities Construction Credit and Reimbursement Agreement . The Water Facilities Construction Credit and Reimbursement Agreement shall be based upon and shall incorporate by reference the following business terms:
(a) Owners have constructed water facilities that are in excess of water DIF s owed by Owners, which excess is Three Million One Hundred Thirty -five Thousand Three Hundred Eighty -six Dollars ( $3,135,386) as of June 9, 2022 (“Excess Preserve Water DIF Credits”) less any Excess Preserve Water DIF Credits used, as hereafter documented in the Water Facilities Construction Credit and Reimbursement Agreement. Any Excess Preserve Water DIF Credits may be used by Owners for payment of water DIFs in connection with the issuance of futur e building permits within the Remaining Property based on the per unit Preserve water facilities DIF rates as of June 1, 2022, until the full amount of the Excess Preserve Water DIF Credits have been exhausted.
(b) Preserve water DIF credits for future water facilities funded or constructed by Owner shall be applicable to w ater DIFs owed in connection with the issuance of future building permits at the Preserve water facilities DIF rate in effect as of the date that Owner funds or incurs the costs for the Future Water Facilities . By way of example, if the Preserve w ater facilities DIF rate per single family residential unit was Eight Thousand Dollars ( $8,000) per single family residential unit as of the date that an Owner funds an additional One Million Dollars ($1,000,000) in costs for a component of water facilities, such additional One Million Dollars ($1,000,000) shall be allocated as a water DIF credit based on the Eight Thousand Dollar s ($ 8,000) per single family residential unit Preserve water facilities DIF rate and such Owner shall be entitled to water facilities DIF credits for 125 single family residential units (125 x $8,000 = $1,000,000) , irrespective of the Preserve water facilities DIF rate in effect at the time of the issuance of such building permits. Additionally, such additional One Million Dollars ($1,000,000) shall be subject to reimbursement until it has been consumed by the allocation of future water facilities DIF credits and/or reimbursed by City to Owners.

6.6 Pine Avenue Lift Station and Force Main. Owners have installed a lift station south of Pine Avenue, east of Johnson Avenue, and a new force main in Johnson Avenue north, in and crossing Pine Avenue into Mayhew Avenue and north to Kimball Avenue.

6.7 S
pecial Funding Transportation Facilities . The Parties acknowledge that City is working with other jurisdictions to fund and construct certain regional transportation facilities, which may serve subarea 2 (The Preserve) to address regional traffic impacts (“Transportation Facilities”). In the event that the City or another governmental agenc y receives Federal, State or regional public funding for any public facilities of regional significance that are identified in the reports referenced in The Preserve Development Impact Fee Ordinance, codified in the City’s Municipal Code, Chapter 3.45, the amount of the regional public funding actually received by City will be credited to the specific project for which funding was attained. The reports referenced in The Preserve

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Development Impact Fee Ordinance will be updated annually to reconcile DIFs based on these additional sources of funds actually received by the City.

Should any Transportation Facility or related Development Requirement contained in reports ref erenced in The Preserve Development Impact Fee Ordinance be deemed unacceptable by a government agency with jurisdiction over the Transportation Facility, City will work diligently with other government agencies to designate a project to serve as a substitute mitigation measure of reasonably similar effectiveness (“Substitute Public Facility”). City shall determine in its reasonable discretion if DIF credit will be considered for such Substitute Public Facility. When a Substitute Public Facility, mutually agreeable to the Parties and such governmental agencies, is determined, Owners shall proceed with the construction of the Substitute Public Facility and City Staff will revise the Conditions of Approval as appropriate and present to the Planning Commission for consideration.

Owners acknowledge that approval of the Substitute Public Facility does not guarantee DIF credit to Owners. If no Substitute Public Facility is determined, Owners and City shall work toward a mutual resolution, such that no building permits or certificates of occupancy are withheld as long as the impact of any development, without the required Transportation Facility, related Development Requirement or Substitute Public Facility, is mitigated and documented in appropriate environmental studies and/or to the satisfaction of the Director of Public Works.

6.8 Conditions of Development Approval s and Development Requirements .

Except for specific improvements and payment amounts identified herein, nothing herein shall authorize the City to impose Development Requirements or conditions with respect to any Development Approval which would be in violation of the laws of the State of California.

ARTICLE 7

CONSTRUCTION OF PARKS, RECREATION AND FIRE FACILITIES

7.1 Pocket Parks. Owners have and shall continue to design and construct “Pocket Parks” on the Remaining Property, as required by the Master Plan for Phases 1 and 2 and future Master Plans. The design of future Pocket Parks and the plans and specifications for their construction shall be approved by the City; and the Pocket Parks may be required in one or more Development Approvals. Further, the Pocket Parks shall be maintained by the owners of the residential dwelling units on the Remaining Property through a homeowners association as specified in CC&Rs approved by the City and recorded upon the recordation of any final tract or final parcel map. The Pocket Parks shall be open to all members of the public.

7.2 P
rivate Community Recreation Centers. As a part of the “Major Amenity” requirements of the Specific Plan, Owners shall design and construct a minimum of two (2) Private Community Recreation Centers (“Recreation Centers”) on the Property. The design of the Recreation Centers and the plans and specifications for their construction shall be approved by the City; and the Recreation Centers may be required in one or more Development Approvals. Further, the Recreation Centers shall be maintained by the owners of the residential dwelling units on the Property through a homeowners

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association as specified in CC&Rs approved by the City and recorded upon the recordation of any final tract or final parcel map. In the event an Owner constructs a Recreation Center and a multiple family residential Development Project that are separated by one- quarter mile walking distance of each other, as determined by the Development Services Director, then the construction of such a Recreation Center shall meet one “major amenity” requirement of the zoning ordinance.

7.3 Public Parks. Owners have designed, constructed and dedicated Founders Park (eight (8.00) acres), Nature Retreat Park (five and 7 6/100th (5.76) acres), Garden Park (two and 53/100 th (2.53) acres), Forest Park (two and 99/100 th (2.99) acres) and Discovery Park (three (3.00) acres) which are collectively called the “Public Parks”.

7.3.1 Owners shall design and construct additional public parks (”Proposed Public Parks), which shall include: two (2) large parks containing a minimum of eight (8) acres located in Block 9 (potentially in the Community Core Commons) and Block 3; and three (3) small parks each containing a minimum of three (3) acres located in Blocks 1, 2 and 10. Each such Proposed Public Parks shall include the following amenities: bathrooms, drinking fountains, walkway lights, benches, shaded canopy, shaded inclusive playground and grass areas, a bike rack, and at least one (1) additional amenity, such as, but not limited to, a sport field such as soccer or softball, a splash pad, lighted basketball court(s), lighted tennis court(s), lighted pickleball court(s), a skate park and outdoor fitness equipment , as proposed by Owners and approved by City, which approval shall not be unreasonably withheld. The Parties agree that their goal is to design the Proposed Public Parks pursuant to the per acre construction cost designated in the City’s park fee ordinance in effect at the time that plans are submitted to the C ity’s Development Review Committee. The Parties acknowledge that the Block 9 Park is a focal point of t he Community and, as such, the Block 9 Park shall be designed with a budget of One Million Dollars ($1,000,000) in e xcess of the total construction cost designated in the City’s park fee ordinance, which shall be funded by Owners , provided that the City may, in its discretion, contribute additional funding to further amenitize the Block 9 Park using appropriate funding sources. Reimbursement to Owners for the costs of the Block 9 Park shall be documented in a Construction Credit and/or Reimbursement Agreement entered into between the Parties upon design approval of the Block 9 Park.

7.3.2 Owners acknowledge a total estimated responsibility to build and dedicate 79.70 acres of public park land to the City based on 8,129 development units , as set forth in Exhibit D attached hereto pursuant to Title 18 of the Chino Municipal Code.

Owners also acknowledge they will only be able to build and dedicate approximately

53.18 acres of public park land on the Property. The remainder of acres owed to the City will be offset, in part, by a 50% credit of the acres of private open space built by an Owner that are usable for active recreation purposes. This private open space acreage credit is estimated to be 8.30 acres, bringing the remaining obligation to build and dedicate park land to approximately 18.22 acres. These estimates are based on the planned development, but will be reconciled once development is complete and the actual credits may be further calculated. The estimated reconciliation of park acres required to be built and dedicated for the Public Parks are summarized in the Exhibit D attached hereto. The estimate set forth in Exhibit D will be updated administratively from time to time when the

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City accepts a public park dedicated by an Owner or validates a private open space acreage credit. This estimate will then be finalized once all parks and private open space amenities are built and the actual “as built” acres are reconciled.

7.3.3 The design of the Proposed Public Parks, park amenities, other public facilities, and the plans and specifications for their construction, shall be approved by the City. The Proposed Public Parks may be required in one or more Development Approvals. Furt her, the Proposed Public Parks, with amenities and public facilities thereon, shall be maintained by the owners of the residential dwelling units on the Property according to standards designated by the City through one or more homeowners associations as specified in the CC&Rs. Such CC&Rs shall be approved and recorded by the City pursuant to Section 3.14 hereof. The Proposed Public Parks shall be open to all members of the public. The Owners shall dedicate the Proposed Public Parks, in fee simple or otherwise, to the City.

7.4 Private Open Space. For purposes of clarification, the credit earned for private open space pursuant to Sections 18.01.050.C and 18.01.120.A and B of the City’s Municipal Code shall, for those projects constructed prior to the Effective Date of this Agreement as well as for those to be constructed hereafter, be calculated at the rate of fifty percent (50%) of the cumulative acres of active recreation space developed within the private open space areas, provided that with respect to projects constructed after the Effective Date of this Agreement, the quality of such active recreation space must be consistent with those constructed as of the Effective Date of this Agreement within the Property for which Owners have been give n fifty per cent (50%) credit, as set forth in Exhibit E attached hereto. This fifty percent (50%) of the cumulative acreage of private open space areas will be used to reduce Owners’ total obligation of acreage required to be constructed and dedicated to the City as described in 7.3 above, based on the number and type of development units . City hereby acknowledges that based upon information provided by Owners and City’s evaluation thereof, approval of credit for such private open space in the amount of fifty percent (50%) is warranted and, as of the Effective Date of this Agreement, Owners are entitled to a credit for private open space areas in the Preserve in the amount of 6.05 acres based on its development of 12.11 acres of private open space areas, as set forth in Exhibit E attached hereto. With respect to private open space areas developed by Owners after the Effective Date of this Agreement, O wners shall receive a credit for such private open space in the amount of fifty percent (50%) of the private open space acreage, provided that the requirements set forth in CMC18.01.120B1 through 7 are satisfied. City agrees that in lieu of approval by the City’s planning commission of park credits for private open space pursuant to CMC18.01.120A, the City’s Director of Community Services shall be authorized to approve of such credits to park acreage and in this regard, the City expressly suspends the application of CMC18.01.120A to the extent that it requires planning commission approval of private open space credits within the Preserve. Accordingly, subject to Owners’ completion of a private open space, Owner may submit an application for park credit in connection therewith and City covenants that on behalf of the City, the City’s Director of Community Services shall, within ninety (90) days after submittal of Owner’s application for park fee credits for private open space, formally validate such acreage credit pursuant to the foregoing, and Exhibit E shall be updated accordingly.

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7.5 Park Fee Credit . It is estimated that Owners are required to construct and dedicate 79.70 acres of p ublic parks as set forth above and based upon the foregoing assumption that Owners shall be credited with 61.48 (53.18 + 8.30 = 61.48) acres of public parks, Owners' obligation to make payments required by the City's Park Fee Ordinance contained in Title 18 of the Chino Municipal Code shall be suspended until the issuance of the 6,323rd building permit for a residential dwelling unit, at which time, Owners shall , thereafter, be responsible for the payment of the applicable park fee required by the City's Park Fee Ordinance then in effect at the time of the issuance of each building permit for the remaining residential dwelling units within the Property . The foregoing acreages and number of building permits subject to the suspension of the application of the City’s Park Fee Ordinance shall be subject to a final
reconciliation once the development of the Public Parks and private open space for which a credit is applicable is complete and the actual credits shall be further calculated. By way of example, the above 79.70 acres was determined based on the assumption that after the Effective Date of this Agreement, Owners ’ Future Development as set forth in Exhibit D attached hereto, would be comprised of 1,683 single family units and 914 multifamily units and, based thereon, 26.19 additional acres would be required in connection with such development. In the event , however, that Owners actually develop a different mix of single family and multifamily units such as 1,883 single family units and 714 multifamily units, the additional acres required for public parks would increase to 26.68 acres and the total acreage would increase from 79.70 to 80.19 acres.

Notwithstanding the foregoing, the City, by the approval of City Manager, and Owners may, pursuant to a mutually approved schedule, agree to the prepayment by Owners of such park fees in advance of issuance of building permits. Nothing contained herein shall be deemed to bind the City or Owner to either accepting or pay ment of park fees in advance of issuance of any building permits.

7.6 The Fire District as a Third Party Beneficiary. The Fire District was granted the status of a third party beneficiary of this Agreement for the limited purpose of participating in the design of the Fire Station #63 on Kimball Avenue .

ARTICLE 8

FINANCING PUBLIC FACILITIES

8.1 Acquisition Agreement. City and Owners have executed an Acquisition Agreement, dated May 18, 2004, with respect to each CFD that provides for the public financing of various public facilities, many of which are the same as the Public Facilities described in the Reports approved and adopted by the Preserve Development Impact Fee Ordinance. Notwithstanding any contrary provisions of the Acquisition Agreement, this Agreement and the Preserve Development Impact Fee Ordinance shall govern the entitlement to and the amount of any Project credits and Reimbursements available to Owners for the construction of any Public Facilities described in the Reports approved and adopted by the Preserve Development Impact Fee Ordinance. City agrees that within ninety (90) days after the execution of this Agreement City shall amend the Acquisition Agreement to add in -tract public improvements as CFD eligible improvements to be funded by CFD proceeds.

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8.2 Interim De-silting Basins. City and Owners acknowledge that the City or other regional public agency with jurisdiction over the Subarea 2 may require an Owner to construct interim basins (“Basins”) to provide temporary control of up- stream sheet- flows until drainage facilities to serve the upstream properties located outside Subarea 2 are constructed as part of the development of those properties. The construction of such Basins and the cost of closure of such Basins, including the costs as sociated with complying with all City and other applicable governmental agency closure requirements, shall be at Owner’s sole cost, expense, and liability.

ARTICLE 9

PRESERVE DEVELOPMENT IMPACT FEES

9.1 Obligation to Pay Development Impact Fees. Owners shall be obligated to pay Preserve DIFs in the amounts imposed and determined by the City pursuant to the Preserve Development Impact Fee Ordinance, adopted by Ordinance 2004- 13 and codified as Chapter 3.45 of the Chino Municipal Code, applicable citywide fees under Chapter 3.40 of the Chino Municipal Code and park fees under Title 18 of the Chino Municipal Code, as set forth in each Development Approval for each Development Project in the Remaining Property, and at the time required by said ordinances.

9.2 Dis
char ge. Owners may discharge said obligation to pay development impact fees in the manner and at the time described in Chapters 3.40 and 3.45 of the Chino Municipal Code and in this Agreement.

9.3 DI
F Credits. In addition to the DIF credits referred to herein, O wners may earn additional DIF credits pursuant to the Preserve Development Impact Fee Ordinance at Chapter 3.45, but only for the design and construction of the Public Facilities described in the Reports approved and adopted by the Preserve Development Impact Fee Ordinance and within thirty (30) days of verification of construction costs approved by the City Engineer or designee, which verification shall occur no later than one hundred eighty (180) days after Owners provide a complete report with the necess ary back -up information to City Engineer of such costs, as required in the Preserve Development Impact Fee Ordinance. The acquisition of Public Facilities with the proceeds of special taxes or bonds of a CFD shall not affect the receipt of Project credits except that credit shall not be available for the cost to construct capacity in those storm drains that will provide service to the property north of the Preserve in the City of Ontario.

9.4 P
roject Reimbursements . Owners , at their expense, but subject to reimbursement as set forth herein and CMC Chapter 3.45 shall furnish all equipment and materials and perform all design and construction necessary to complete the Public Improvements in a good and workmanlike manner. Owners may earn Project Reimbursements pursuant to the Preserve Development Impact Fee Ordinance, but only for the design and construction of the Public Facilities described in the DIF/Nexus Report and adopted per the Preserve Development Impact Fee Ordinance. Owners shall obtain bids for the construction of the Public Improvements in a manner which has been approved by the Development Services Director and in accordance with the Preserve Development Impact Fee Ordinance . Owners shall provide the Development Services

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Director with copies of all bids received from contractors and a bid summary in a form approved by the Development Services Director 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. Owners 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 Owners and each contractor/subcontractor shall be reasonably acceptable to the Development Services Director. Owners shall submit to City a copy of each Construction Contract for the Public Improvements executed after the Effective Date of this Agreement within fifteen (15) days after execution thereof:

9.4.1 Owners shall construct the Public Improvements in accordance with this Agreement, all approved Plans and Specifications as approved by City , permits, applicable federal and state laws and regulations, including, but not limited to, ADA requirements as set forth in the Settlement and Release Agreement entered into by City and Owners referred to in Section 3.16 above, and all applicable federal, state and local labor and wage standards. In addition to any other Owners indemnifications of C ity and the City set forth in this Agreement, Owners shall indemnify, defend and hold City, its respective officers, officials, employees, members, representati ves, and agents (collectively, the "Indemnitees") harmless from and against any liability, loss, damage, cost or expenses including reasonable attorneys' fees, expert witness fees, and court costs) arising from the failure of Owners or its contractors or subcontractors to pay the applicable prevailing wages in accordance with application law.

9.5 Project Reimbursement Limitations. The acquisition of Public Facilities with the proceeds of special taxes or bonds of a CFD shall not affect the receipt of Project Reimbursements except that reimbursement shall not be available for the cost to construction capacity in those storm drains that will provide service to the property north of the Preserve; provided that reimbursement for such storm drain capacity shall be payable only from funds paid to the City by the City of Ontario, if any. Consistent with CMC 3.45.130, the term of any and all r eimbursement agreements between City and Owners shall not be limited.

9.6 CIW Sewer. Owners have installed a lift station south of Pine Avenue and east of Johnson Avenue and a new force main in Johnson Avenue north, in and crossing Pine Avenue into Mayhew Avenue and north to Kimball Avenue.

City shall use its best
efforts to require the lump sum payment of a prorated cost share of such sewer facilities estimated at Two Million Eighty Thousand Dollars ($2,080,000) by the State of California for the California Institution for Women State Prison facility (“CIW Facility”) prior to allowing the CIW Facility to be connected to the Chino sewer system and such amount shall be deposited in the Preserve Sewer DIF Fund or such other fund to reimburse
those that have funded the design and construction of the system, including, without limitation, through the payment of connection fees . So long as City uses its best efforts require the payment by CIW State Prison of such Sewer Facility

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connection fee, the failure of CIW State Prison to pay shall not be deemed a breach by City of this Agreement.

ARTICLE 10
Hold Harmless and Indemnification

10.1 Indemnity For Claims Arising from Owners’ Negligence Etc . The Owners hereby agree to defend, indemnify and hold the City, the elective and appointive members of its City Council, Planning Commission, other commissions and boards, its officers, employees and agents harmless from any liability for the negligence, willful misconduct or other action or inaction (including but not limited to strict liability) of an Owner resulting in claims or damages, or liability for damages, for personal injuries, death, and property damage, which may arise from or related to operations under this Agreement by an Owner or its agents, assigns, contractors, consultants, employees or subcontractors, other than any damage or liability based on City’s gross negligence or willful misconduct, whether such operations be by the Owner, or by any of the Owners’ agents, assigns, contractors, consultants, employees or subcontractors.

10.2 I
ndemnity For Actions Arising F rom This Agreement . In the event of any legal action instituted by a third party or any governmental entity or official arising out of the approval, execution, or implementation of this Agreement, the Owners also agree to defend and indemnity the City against any such actions or proceedings.

10.3 D
uty to Defend. It is understood and agreed that the duty of Owners to indemnify and hold harmless includes the duty to defend as set forth in section 2778 of the California Civil Code. Within fifteen (15) days of City’s notice that it has been made a party to an action arising out of Consultant’s acts or omissions under this agreement, Owners shall provide a defense to the City in that action. In the event Owners fails to provide such a defense to City, Owners shall be liable to the City f or its attorney’s fees and litigation costs incurred to defend itself, beginning on the sixteenth (16 th) day after the
date of the City’s notice and request for a defense. Acceptance of insurance certificates and endorsements required under this agreement shall not relieve Owners from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.

10.4 C
oordination of Defenses . In the event of any litigation with respect to any portion of the Property with respect to which an Owner has an ownership or qualified equitable interest (including but not limited to any environmental determination relating to any of the foregoing), the City and such Owner shall attempt to coordinate their respective defenses in response to such actions upon terms mutually agreed upon; provided that the City’s exercise of discretion with respect to such litigation shall not be restricted or impaired.

10.5 W
illiamson Act Contracts . The Parties acknowledge that various portions of the Property have been or still are subject to Williamson Act contracts; and the City previously has approved tentative and final cancellation of those contracts described in

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Section 2.4 hereof. However, all such contracts must be cancelled before formation of a CFD, including property previously subject to such contracts; and Owners agree to cancel all such contracts and perform all acts necessary to impose a CFD on the properties subject to such contracts. In the event that a court rules that any of those contracts were not terminated properly, the Owners agree to pay all taxes, assessments or penalties imposed by such court or other applicable governmental agency, and agree to hold the City free and harmless from and against all such taxes, assessments or penalties. The Owners also agree to pay all attorneys' fees and other costs associated with the termination of those contracts by the City. Nothing herein shall exempt Owners from the payment of City Processing Fees for any future cancellation of Williamson Act contracts.

ARTICLE 11

COMPLIANCE REVIEW

11.1 Annual Reviews. The City shall review this Agreement on each anniversary hereof, in order to ascertain the good faith compliance by Owners with the term s of the Agreement, and consistency of the Development during the term of this Agreement with respect to any schedule submitted by Owners for completion of all development of the Property within the term of the Agreement. Owners shall submit an annual monitoring report, in a form acceptable to the City, within sixty (60) days prior to each yearly anniversary of the Effective Date of this Agreement. The annual monitoring report shall be accompanied by an annual review and administration fee sufficient to defray the estimated costs of the City’s review of the preceding year and administration of the Agreement during the succeeding year. The amount of the annual review and administration fee shall be set annually by resolution of the City Council to recover all costs reasonably borne by the City, consistent with such fees charged for its review and administration of other development agreements.

11.2 S
pecial Reviews . The City Council also may order a special review of this Agreement at such other times as the City deems prudent any time.

11.3 P rocedure on Review .
(a) Owners shall be required to demonstrate good faith
compliance with the terms of this Agreement in any Annual Review or any Special Review; and Owners shall have the burden of proof on this issue. (b) Upon completion of a City staff analysis of the annual monitoring report, submitted by the Owners for any Annual Review or analysis of any Special Review, the City Manager shall submit a report to the City Council, setting forth the evidence concerning good faith compliance by Developer with the terms of this Agreement and recommended findings on that issue. Any such report to the City Council indicating lack of compliance with this Agreement shall be completed and provided to the City Council and the Owners within sixty (60) days after Owners ’ submission of such annual monitoring report or the City Council order for a Special Review.

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(c) If the City Council finds on the basis of substantial evidence that Owners have complied in good faith with the terms and conditions of this Agreement, the review shall be concluded.
(d) If the City Council makes a preliminary finding that one or more Owners have not complied in good faith with the terms and conditions of this Agreement, the City Council may modify or terminate this Agreement as provided in Section 11.4 after City delivery of a written notice of default (“Default Notice”) to the Owners, provided Owners fail to cure that default within sixty (60) days, or to commence such cure and work diligently to complete that cure. Such Default Notice, or any notice of default as provided under subsection (b) above, shall be given to Developer prior to or concurrent with any proceedings under Sections 11.4

11.4 Proceedings Upon Modification or Termination. If, upon a finding by the City Council pursuant to Section 11.3(d), City determines to proceed with modification or termination of this Agreement and delivers a Default Notice to the Owners, City shall give written notice to Owners of its intention to conduct a public hearing on such modification or termination. The notice of such public hearing shall be given at least ten (10) calendar days prior to the scheduled hearing, and shall contain:
(a) The time and place of the hearing;
(b) A statement as to whether the City proposes to terminate or to modify the Agreement; and
(c) Such other information as is reasonably necessary to inform Developer of the nature of the proceeding.

11.5 Hearing on Modification or Termination . At the time and place set for the hearing on modification or termination, Owners shall be given an opportunity to be heard.

Owners shall be required to demonstrate good faith compliance with the terms and conditions of this Agreement; and shall have the burden of proof on this issue. If the City Council finds, based upon substantial evidence, that one or more Owners have not complied in good faith with the terms or conditions of the Agreement, the City Council may terminate this Agreement, or modify this Agreement and impose such conditions as are reasonably necessary to protect the interests of the City including a schedule for the completion of the development of all of the Property during the term of this Agreement.

The decision of the City Council shall be final, subject only to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure.

11.6 C
ertificate of Agreement Compliance. If, at the conclusion of an Annual Review or a Special Review, Owners are found to be in good faith compliance with this Agreement, City shall, upon request by any Owner, issue a Certificate of Agreement Compliance (“Certificate”), stating that after the most recent Annual Review or Special Review, and based upon the information known or made known to the City Council: (i) this Agreement remains in effect; and (ii) No Owner is in default. The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record

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notice of such good faith compliance, shall state whether the Certificate is issued after an Annual or Special review and state the anticipated date of commencement of the next Annual Review. Any Owner may record the Certificate with the County Recorder.

Whether or not the Certificate is relied upon by an Owner or an assignee or transferee of an Owner, City shall not be bound by such a Certificate if a default existed at the time of the Annual Review or Special Review, but was concealed from or otherwise not known to the City Council.

11.7 Compliance Under Original D evelopment Agreement, as amended. As of the date of the execution of this Agreement, City has and, by execution of this Agreement, City shall be deemed to have determined that Owners are found to be in good faith compliance with the Original Development Agreement, as amended.

ARTICLE 12

ASSIGNMENT

12.1 Right to Assign. An Owner shall have the right to sell, transfer or assign the Remaining Property in whole or in part (a “Transfer”) to any person, partnership, joint venture, firm or corporation at any time during the term of this Agreement; provided that no such transfer violates the Subdivision Map Act, contained in Government Code Section 66410, et seq., or Title 19 of the City Code, and provided further that any such Transfer includes the written assignment and assumption of all rights, duties and obligations of such Owner (Transferring Owner”) under this Agreement (an “Assignment”) and is in strict compliance with the following conditions precedent:
(a) No Assignment of any right, duty or obligation under this Agreement shall be made unless made together with the Transfer of all or a part of the Remaining Property.
(b) Thirty (30) days prior to any such Assignment, Owner shall notify City, in writing, of such an Assignment and shall provide City with an executed agreement, in a form reasonably acceptable to the City Attorney, by the purchaser, transferee or assignee (collectively “Assignee”), providing therein that the Assignee expressly and unconditionally assumes all the duties and obligations of the Assignor, or Transferring Owner, under this Agreement.
(c) Any Assignment of this Agreement for which a Transferring Owner seeks a release under Secti on 12.2, except to an entity affiliated with an Owner, will require the prior written consent of the City Council of City, which will not be unreasonably withheld or delayed. Such approval by the City Council shall be based upon the financial status of the Assignee and professional development expertise of the Assignee, and the City Council’s determination that such Assignee has the financial strength and also professional development expertise to perform the duties and obligations described in this Agreement. Within thirty (30) days following receipt by the City Council of a written notice from an Owner of an Assignment to any entity other than an entity affiliated with an Owner, containing sufficient financial and professional development expertise information regarding the Assignee to allow the City Council to make the above

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determination, the City Council will notify such Transferring Owner of its approval or disapproval of such Assignment; provided, however, that if the City Council fails to respond in writing within such thirty (30) day period, the Assignment will be deemed approved.
(d) Any Assignment not made in strict compliance with the foregoing conditions shall result in the Transferring Owner continuing to be responsible for all obligations under this Agreement. Notwithstanding the failure of any Assignee to execute the agreement required by subsection 12.1(b), the burdens of this Agreement shall be binding upon such Assignee, but the benefits of this Agreement shall not inure to such Assignee until and unless such agreement is executed. The City, Transfer ring Owner and Assignee will cooperate in the substitution by such Assignee of any letter of credit or other security for the Transferring Owner’s obligations under this Agreement.

12.2 Release of Transferring Owner . Notwithstanding any Assignment, the Transferring Owner shall continue to be obligated under this Agreement unless given a release in writing by City, which release shall be provided by City upon the full satisfaction by Transferring Owner of the following conditions:
(a) Transferring Owner no longer has any legal or equitable interest in any part of the Remaining Property for which the release is requested; (b) Transferring Owner is not then in default under this Agreement; (c) Transferring Owner has provided City with the notice and executed agreement and other information required under Subsection 12.1(b); (d) City has reviewed and approved the Assignee and the Assignment, and such approval includes a determination by the City that the Assignee has suff icient financial strength and professional development expertise to perform the duties and obligations specified in the Assignment; and
(e) The Assignee provides City with adequate security for performance of the obligations of the Transferring Owner under this Agreement.

12.3 Subsequent Assignment. Any subsequent Assignment after an initial Assignment also must be made only in accordance with and subject to the terms and conditions of this Section.

12.4 T
ermination of Agreement With Respect to Individual Lots or Parcels Upon Sale to Public and Completion of Construction. The provisions of Subsection 12.1 shall not apply to a sale or lease for a period longer than one year of any individual parcel or lot which has been finally subdivided and is individually (and not in "bulk") sold or leased to a member of the public or other ultimate user. Notwithstanding any other provisions of this Agreement, this Agreement shall terminate with respect to any such parcel or lot, and such parcel or lot no longer shall be subject to this Agreement, without the execution or recordation of any further document, upon satisfaction of both of the following conditions:

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(a) The parcel or lot has been finally subdivided and individually (and not in "bulk") sold or leased for a period longer than one year to a member of the public or other ultimate user; and,
(b) A Certificate of Occupancy has been issued for a building on the parcel or lot, and all the fees required by this Agreement have been paid. (c) For purposes of this subsection, a transfer shall be deemed to be "in bulk" if: (i) it involves the conveyance of more than one parcel or lot, and (ii) the transferee will not be the ultimate user of the parcels or lots.

ARTICLE 13

MORTGAGE PROTECTION

13.1 Owners’ Right to Encumber. The Parties agree that this Agreement shall not prevent or limit an Owner, in any manner, and in its sole discretion, from encumbering the Remaining Property or any portion thereof, or any improvement thereon, by any mortgage, deed of trust or other security device securing financing with respect to the Remaining Property. City acknowledges that the lender(s) providing such financing may request certain Agreement interpretations and agrees upon request of an Owner, to meet with such an Owner and representatives of such lender(s) to review in good faith any such request. Any mortgagee of a mortgage or a beneficiary of a deed of trust (“Mortgagee”) on the Remaining Property shall be entitled to the following rights and privileges:

13.2 M
ortgage Not Rendered I nvalid. Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any mortgage or deed of trust on the Remaining Property made in good faith and for value.

13.3 R
equest for Notice to Mort gagee. The Mortgagee of any mortgage or deed of trust encumbering the Remaining Property, or any part thereof, who has submitted a request in writing to the City in the manner specified herein for giving notices, shall be entitled to receive written notification from City of any default by Owners in the performance of any obligations under this Agreement provided such mortgagee pays the actual cost thereof.

13.4 M
ortgagee’s Time to Cure. If City timely receives a request from a Mortgagee to be provided with a copy of any notice of default given to Owners under the terms of this Agreement, City shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to an Owner, provided such mortgagee pays the actual cost thereof. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed under this Agreement.

13.5 R
emaining Property Taken Subject to Obligations. Any Mortgagee who comes into ownership or possession of t he Remaining Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of foreclosure, shall take the Remaining Property, or part thereof, subject to the terms of this Agreement; provided, however, in no event shall such Mortgagee be liable for any defaults or

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monetary obligations of an Owner arising prior to acquisition of title to the Remaining Property by such Mortgagee, except that any such Mortgagee or its successors or assigns shall not be entitled to a building permit or occupancy certificate until all outstanding Development Approvals and Development Requirements have been performed, and all delinquent and current fees and other monetary obligations due under this Agreement for the Remaining Property, or portion thereof acquired by such Mortgagee, have been paid to the City. Any foreclosing and subsequent Mortgagee or Assignee will be required to comply with all of the outstanding requirements of this Agreement.

ARTICLE 14

MISCELLANEOUS PROVISIONS

14.1 Counterpart Execution. This Agreement may be executed in counterparts, and recorded with counterpart original signature pages; and when so executed by all Parties, each such counterpart will be an original document.

14.2 In
terpretation . The agreements contained herein shall not be construed in favor of or against either Party but shall be construed as if all Parties prepared this Agreement. If and to the extent that any of the provisions of this Agreement conflict or are otherwise inconsistent with any provis ions of the Original Development Agreement, as amended, the provisions of this Agreement shall prevail.

14.3 M odification . Any modification of this Agreement shall be effective only if it is in writing, complies with the Development Agreement Law and the Development Agreement Ordinance, and signed by the Parties.

14.4 T
ermination. Unless this Agreement is extended beyond the date of the expiration of the term ( i.e., July 1, 2034) or terminated earlier pursuant hereto , it shall terminate upon such date, and all rights and duties created by this Agreement in favor of any Party shall be extinguished on the date of such termination except those outstanding obligations of the Parties hereunder not previously satisfied, any unexpired Development Approvals or unperformed subdivision improvement agreements.

14.5 T
hird Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the Parties and their approved successors and assigns. No other person shall have any right of action based upon any provision of this Agreement except those entities specifically identified as third party beneficiaries in this Agreement.

14.6 S
everability . If any provision of this Agreement is held to be invalid, void, or unenforceable by a court of competent jurisdiction, the remaining provisions nevertheless shall continue in full force and effect, without being impaired or inval idated in any way.

14.7 W
aiver . The failure of any Party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other Party shall not be deemed a waiver of that term, covenant, or conditions, nor shall any waiver or

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relinquishment of any right or power at any one time or times be deemed a waiver of relinquishment of that right or power for all or any other time.

[SIGNATURE PAGE FOLLOWS]

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The Parties hereto have executed this Agreement on __________, 2023, in Chino, California.

CITY:

CITY OF CHINO, a California municipal
corporation

By:

Name:

Title:

ATTEST:

City Clerk

APPROVED AS TO FORM:

By:

City Attorney
DEVELOPER:

CHINO HOLDING COMPANY, LLC,
a Delaware limited liability company
qualified to do business in California
(“CHC”),

By: NORTH MOUNTAIN CORPORATION
a California corporation - Its Sole
Manager

By: ____________________________
Name: _________________________
Its: ____________________________

Chino Preserve Development Corporation,
a California corporation (“CPDC”)
By: ______________________________
Name: ___________________________
Its: ______________________________

Chino Development Corporation,
a California corporation (“CDC”)

By: ______________________________
Name: ___________________________
Its: ______________________________

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01225.0005/415331.21 -23

EXHIBIT A
Depiction of the Property

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F77"71UL.J

CHINO DEVELOPMENT CORPORATION

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JN 48131 Lewis Operating Corp
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OF

CHINO HOLDING COMPANY
Engineers/surveyors
01/10/07

CHANDLER
STREET
975 N Hoven Avenue
Suite 200
Ontario, Carifomia 91764
Phone: {909) 945-0526

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OF

CHINO HOLDING COMPANY
L'><lnG
Engineers/Planners/Surveyors
2151 Convention Center Woy
Suite 100 B
Ontorio, Colifomia 91764-4464
Phone: �909i 937--0200
Fax: 909 937--0202

11.3.b
Adoption of Ordinance No. 2023-011 (Second Reading -
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LEGEND
= FD. MONUMENT AS NOTED •
= RECORD DIMENSION PER RS 24/58
= RECORD DIMENSION PER RS 88/84
= RECORD DIMENSION PER BONITO RANCHO SUBDMSION, MB 20/49

OF A PORTION OF
LOTS 62 AND 63 OF SECTION 28 AND
FRACTIONAL LOTS 2, 3 AND 14 OF SECTION 33
OF

A PART OF RANCHO SANTA ANA DEL CHINO
M.B. 6/15
Cl1Y OF CHINO
COUN1Y OF SAN BERNARDINO

STATE OF CALIFORNIA
LEWIS
FOR
OPERATING CORP.

AREA
GROSS (LEGAL):

NET:

29.99 ACRES

29.32 ACRES

BASIS OF BEARINGS
THE BEARING N81" 43' 43"E FOR THE CENTERLINE OF PINE AVENUE AS SHOWN ON RECORD OF SURVEY FlLED IN BOOK 118, PAGE 96 TO 101 OF RECORDS OF SURVEY, IN THE OFFlCE OF THE COUNTY RECORDER OF SAN

BERNARDINO COUNTY, WAS USED AS THE BASIS OF BEARINGS FOR THIS MAP.

JOB NO.: 481
MAY 20, 2013
CPDC Property

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JOB NO.: 0481-31
DATE: 11-20-22
IDCIDG
Engineers/Surveyors
CPDC Property
N90'00'00"E 367.00'
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PAFICB. NO. 2
PMN0.149
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N89'16'48"E 371.00'
975 N Haven Avenue
Suite 200
Ontario, CA 91764
Phone: (909) 945-0526
N00'43'12"W

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SE COR. PARCEL
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SEC 32, T2S, R7W, S.8.8.&M.

BASIS OF BEARINGS
THE BEARING "NORTH" FOR THE

CENTERLINE OF CHINO-CORONA ROAD,
AS SHOWN ON PARCEL MAP NO. 149,
FILED IN BOOK 3, PAGE 10 OF PARCEL

MAPS, IN THE OFFICE OF THE COUNTY

RECORDER OF SAN BERNARDINO WAS

USED AS THE BASIS OF BEARINGS FOR
THIS EXHIBIT.

SKETCH TO ACCOMPANY

LEGAL DESCRIPTION
Lost Opened: Nov 21, 2022 - 9:45am ; File: E: 400-499 481 0481-031 Legal Descriptions Groomon Groomon Exhibit B.dwg : By: Poul

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Exhibit B

Depiction and Legal Description of the Remaining Property

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Exhibit C

Program Management Duties

Program Management Duties include:

1. Hiring Architect and other consultants as needed for design of Community Center Facility.

2. Participate, if needed, in community outreach/workshops during design development of the Facility.

3. Design meetings with City and Architect for conceptual design and design development of the Facility.

4. Work with Architect and City to prepare final working drawings and submit plans to City for plan check including plan check fees.

5. Process plans through City to complete plan check with building plans approval and building permit.

6. Hire and supervise civil engineer, landscape architect, utility consultant and other consultants as needed for the project.

7. Supervise preparation of engineering grading plans, process through City approval, bid and supervise construction of graded pad ready for facility construction.

8. Supervise preparation of engineering plans, process through City approval, bid and construct surrounding infrastructure including Sewer, Water, Reclaimed Water, Storm Drain, utilities for electric, gas, telephone and cable tv and public streets. To include final acceptance and bond release.

9. Supervise preparation of landscape plans, submit to City for approval and construction permit, bid and supervise construction of landscaping. To include final acceptance and bond release.

10. Assist in obtaining permits, utility meters or other items to facilitate construction of the Facility.

11. Supervise the CFD Construction Manager and act as Owner’s representative in the Public Bid/Contracting process.

12. Prepare, update and manage Facility budget.

13. Prepare and manage Facility design, approval and construction schedule.

14. Pay invoices and perform Facility accounting including compilation of DIF Package for Actual Costs approval.

15. Hiring, supervising and paying Construction Manager.

16. Weekly meetings during construction as Owner’s representative.

17. Answer all Requests For Information, Change Order requests and other project questions as Owner’s representative.

18. Coordination of onsite construction work with offsite construction work to complete project.

19. Coordinate CFD Construction Manager hiring, supervision, payment and division of responsibilities to insure no duplication with Program Manager.

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Exhibit D
Calculation of Public Park Acreage Required

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Tract
Number Homebuilder Neighborhood Number of
Units
Occupancies
Granted
P.C. Approval date
of Tentative Map Ownership Single-Family or
Multi-Family Acres Required
Acers req.
per 1000
Density
Factor
Development
Units
16519 John Laing Secret Garden 84 84 9/15/2003 Lewis SF SF 0.9198 3 3.65 84 SF 16520 Lennar Garden Glen 51 51 9/15/2003 Lewis SF SF 0.55845 3 3.65 51 SF 16521 K. Hovnanian Ten Bloom Road 69 69 9/15/2003 Lewis SF SF 0.75555 3 3.65 69 SF 16522 Centex Canterbury Grove 48 48 9/15/2003 Lewis SF SF 0.5256 3 3.65 48 SF 16523 Shea Iris 61 61 9/15/2003 Lewis SF SF 0.66795 3 3.65 61 SF 16797 Meritage Jasmine Park/Willow Lane 174 173 3/7/2005 SF 17055 KB Home Birchwood/Greenbriar 177 177 9/19/2005 SF 17147 John Laing Fusion 5 145 145 11/7/2005 47 SF & 98 MF 17148 Standard Pacific Hidden Hollow 81 81 3/7/2005 Lewis SF SF 0.88695 3 3.65 81 SF 17149 Standard Pacific Shady Lane 60 60 2/7/2005 Lewis SF SF 0.657 3 3.65 60 SF 17150 Shea Enchanted Forest 55 55 2/7/2005 Lewis SF SF 0.60225 3 3.65 55 SF 17266 Pardee Candlewood 64 64 3/6/2006 Lewis SF SF 0.7008 3 3.65 64 SF 17357 KB Home Evergreen 58 58 6/20/2005 Lewis SF SF 0.6351 3 3.65 58 SF 17390 Brookfield Mulberry 126 126 6/20/2005 Lewis SF SF 1.3797 3 3.65 126 SF 17514 Centex Citrus Commons 118 118 6/20/2005 Lewis MF MF 1.00182 3 2.83 118 MF 17515 Centex Agave 104 104 6/20/2005 Lewis MF MF 0.88296 3 2.83 104 MF 17571 Western National Affordable Apartments 250 250 4/17/2006 Lewis MF MF 2.1225 3 2.83 250 MF 17610 Centex Canterbury Grove II 48 48 9/19/2005 Lewis SF SF 0.5256 3 3.65 48 SF 17611 KB Home Cantata 21 21 9/19/2005 Lewis SF SF 0.22995 3 3.65 21 SF 17612 KB Home Ariatta 42 42 9/19/2005 Lewis SF SF 0.4599 3 3.65 42 SF 17613 Lennar Garden Glen II 51 51 9/19/2005 Lewis SF SF 0.55845 3 3.65 51 SF 17616 Shea Tetherwind 162 162 10/17/2005 Lewis MF MF 1.37538 3 2.83 162 MF 17635 Woodside Palisades 79 79 4/17/2006 Lewis SF SF 0.86505 3 3.65 79 SF 18693 KB Home Lynbrook 114 114 1/5/2009 Lewis SF SF 1.2483 3 3.65 114 SF 18778 K. Hovnanian Sonata 65 65 7/21/2014 Lewis SF SF 0.71 3 3.65 65 SF 18890 William Lyon Laurel Lane 70 70 9/15/2014 Lewis SF SF 0.77 3 3.65 70 SF 16420-1 LOC Homecoming (Phases 1, 2, & 3) 799 799 6/20/2011 Lewis MF MF 6.78 3 2.83 799 MF 17574 Cal Atlantic Amelia (Stark) 110 109 2/18/2015 Lewis SF SF 1.20 3 3.65 110 SF 19946 Lennar Harvest Olive Grove 30 30 6/15/2015 Lewis SF SF 0.33 3 3.65 30 SF 19947 Richmond American Heirloom 42 42 6/15/2015 Lewis SF SF 0.46 3 3.65 42 SF 19948 Lennar Harvest Olive Grove 27 18 6/15/2015 Lewis SF SF 0.30 3 3.65 27 SF 19949 Lennar Autumn Field/ Harvest Orchards 82 82 6/15/2015 Lewis SF SF 0.90 3 3.65 82 SF 19950 Richmond American Heirloom/Harvest Gardens 62 62 6/15/2015 Lewis SF SF 0.68 3 3.65 62 SF 19979 Falloncrest Falloncrest 203 0 10/19/2015 SF 3
19980 LOC Homecoming (Phase 4) 454 454 11/21/2016 Lewis MF MF 3.85 3 2.83 454 MF 19936 Woodside Sunrise Harvest 56 56 6/30/2015 Lewis SF SF 0.61 3 3.65 56 SF 18858 KB Home Turnleaf 185 185 9/9/2015 SF
18479 Richmond American Pineberry 68 67 6/30/2015 Lewis SF SF 0.74 3 3.65 68 SF 19953 Richmond American Pineberry 10 10 6/30/2015 Lewis SF SF 0.11 3 3.65 10 SF 19935 Richmond American Vineyard 73 67 6/30/2015 Lewis SF SF 0.80 3 3.65 73 SF 19951 Lennar Summerfield 93 93 6/15/2015 Lewis SF SF 1.02 3 3.65 93 SF 19952 Lennar Olive Grove II 57 57 6/15/2015 Lewis SF SF 0.62 3 3.65 57 SF 20102 Tripointe Homes Hazel 133 133 7/16/2018 Lewis MF MF 1.13 3 2.83 133 MF

11.3.b
Adoption of Ordinance No. 2023-011 (Second Reading -
Packet Pg. 96
Tract
Number Homebuilder Neighborhood Number of
Units
Occupancies
Granted
P.C. Approval date
of Tentative Map Ownership Single-Family or
Multi-Family Acres Required
Acers req.
per 1000
Density
Factor
Development
Units
20102-1 Tripointe Homes Ivy 134 134 7/16/2018 Lewis MF MF 1.14 3 2.83 134 MF 20008 Lennar The Landings - Waypoint 94 94 11/13/2017 MF 20008 Lennar The Landings - Crosswind 106 105 11/13/2017 SF 20232 William Lyon Verbena 70 70 5/20/2019 Lewis MF MF 0.59 3 2.83 70 MF 20231 Lennar Morning Sun 106 91 5/20/2019 Lewis MF MF 0.90 3 2.83 106 MF 20170 Richmond American Gardenside 80 48 8/5/2019 Lewis SF SF 0.88 3 3.65 80 SF 20171 Tripointe Homes Delia 123 104 8/5/2019 Lewis SF SF 1.35 3 3.65 123 SF 20172 Pulte Homes Monarch 76 71 8/5/2019 Lewis SF SF 0.83 3 3.65 76 SF 20270 Richmond American Gardenside 36 36 8/5/2019 Lewis SF SF 0.39 3 3.65 36 SF 20165 Century Greenway 79 65 8/5/2019 Lewis SF SF 0.87 3 3.65 79 SF 20166 KB Home Driftstone 69 22 8/5/2019 Lewis SF SF 0.76 3 3.65 69 SF 20167 Lennar Voyage 60 54 8/5/2019 Lewis SF SF 0.66 3 3.65 60 SF 20168 Richmond American Parklin 68 62 8/5/2019 Lewis SF SF 0.74 3 3.65 68 SF 20248 Lennar Voyage II 56 0 8/5/2019 Lewis SF SF 0.61 3 3.65 56 SF 20249 Richmond American Parklin II 56 0 8/5/2019 Lewis SF SF 0.61 3 3.65 56 SF 20173 Beazer Homes Tr 20173 149 0 8/15/2022 Lewis MF MF 1.27 3 2.83 149 MF 20247 KB Home Lily/Lotus 168 90 SF SF
20326 LOC Homecoming Ph 5-Tr 20326 184 0 4/5/2021 Lewis MF MF 1.56 3 2.83 184 MF 20380-* LOC Independence 209 0 3/21/2022 Lewis MF MF 1.77 3 2.83 209 MF 6,784 5,686
11,976 As of 3/1/2023 Required to date
Acres Units

53.51 5,532
* this map was approved 3/21/22 but no BPs pulled by 1/31/2023 Remaining Remaining Development SFD 18.43 3 3.65 1,683
MF 7.76 3 2.83 914

26.19 2,597
Quimby Park Requirement Total 79.70 8,129
Example what if Lewis Unit Mix changes
on remaining 2,597 units Future Remaining Development-different mix SFD 20.62 3 3.65 1,883
MF 6.06 3 2.83 714

26.68 2,597
Total 80.19 8,129
Units permitted within SP Area:

Total:

11.3.b
Adoption of Ordinance No. 2023-011 (Second Reading -
Packet Pg. 97
4-27-23 51
Exhibit E

Reconciliation of Public Park Fee Credits and Private Open Space Credits

11.3.b
Adoption of Ordinance No. 2023-011 (Second Reading -
Packet Pg. 98
Exhibit E
Parks Built
Acres
anticipated to
be built
Actual
acres
built
Parks-required for 8,129units mix 79.70
Garden Park 2.53 2.53
Forest Park 2.99 2.99
Founders Park 8 8
Nature Retreat Park 5.76 5.76
Discovery Park 3 3
Total completed 22.28 22.28
Future parks
8 acres school site Block 9 - 2023/24 9.75
11 acres Block 3 - 2023/24 12.15
3 acres Main Street Block 10 - 2026 3
3 acres Block 1 - 2028 3
3 acres block 2 - 2030 3
Future parks total 30.90
Total parks to be built/dedicated 53.18
Remainder of parks due 26.52
Possible private open space credit* 8.30
Remaining obligation due by fee
payment* 18.22

Private open space facilities built
Square footage
anticipated
eligible for
credit
Acres
eligible
for 50%
credit
Homecoming 1-4 137,961.00 3.17
Harvest 114,078.00 2.62
Parkhouse N 2005 165,092.00 3.79
Meadowhouse 5/21 110,424.00 2.53
Total completed 527,555.00 12.11
Future private open space facilties
Parkhouse S 2023/24 130,680.00 3.00
Homecoming Ph 5 Apartments 21,720.00 0.50
Other Apartments 43,560.00 1.00
Future private open space facilties total 195,960.00 4.50 Total sf/acres 723,515.00 16.61
Total Acres Credit @ 50% 8.30
*Estimates based on information available
as of 3/27/23. Completed facilities acres
shown as of DA Amendment Effective Date,
future construction to be added and
reconciled as new projects completed.

Updated 3/27/23

LEWIS DEVELOPMENT PARK DEDICATION AND PRIVATE OPEN SPACE CREDIT

11.3.b
Adoption of Ordinance No. 2023-011 (Second Reading -
Packet Pg. 99

Revenue: Expenditure: various

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

HUMAN RESOURCES DEPARTMENT

COUNCIL MEETING DATE: JUNE 20, 2023

TO: LINDA REICH, CITY MANAGER

FROM: GERIANN KINGSLAN, DIRECTOR OF HUMAN RESOURCES / RISK

MANAGEMENT

SUBJECT: TEMPORARY APPOINTMENT OF A CALPERS R ETIREE PURSUANT TO GOVERNMENT CODE SECTIONS 7522.56 AND 21221(H).

RECOMMENDATION
Adopt Resolution No. 2023-043 for the temporary appointment of a CalPERS retiree pursuant to Government Code Sections 7522.56 and 21221(h).

FISCAL IMPACT
This position has been budgeted and no further financial impact is anticipated.

11.4 CONSENT CALENDAR
Packet Pg. 100
COUNCIL MEETING DATE: JUNE 20, 2023
SUBJECT: TEMPORARY APPOINTMENT OF A CALPERS RETIREE PURSUANT TO GOVERNMENT CODE SECTIONS 7522.56 AND 21221(H)
PAGE 2

BACKGROUND
Staff is requesting that City Council adopt a resolution authorizing the City to temporarily appoint CalPERS retiree Michelle Dawson pursuant to Government Codes Sections 7522.56 an d 21221(h). Adoption of the resolution will allow Ms. Dawson to work in a limited duration capacity as an interim Director of Public Works. This temporary appointment will end with the permanent appointment of a Director of Public Works , or June 30, 202 4, whichever occurs first, but, in either case, with a cap that she not exceed 960 hours of work in a fiscal year.

ISSUES/ANALYSIS
The California Public Employees’ Retirement System (CalPERS) recognizes that retirees can play an important role in maintaining City operations, particularly in short -term or emergency situations; however, they also specify limitations on a retiree’s service when returning to work for a CalPERS agency. Government Codes Sections 7522.56 and 21221(h) provide specific guidance on emp loying a CalPERS retiree without interruption to retirement benefits or reinstatement from retirement. Key terms of hiring a retired annuitant under the Government Code and by which the City will be following are:

The retiree must wait 180 days after his or her retirement date before he or she can return to work for a CalPERS employer, unless there is a qualifying exception . Ms. Dawson met the 180-day waiting period as of April 5, 2019.

The appointment of a retired annuitant must be for a limited duration f or a vacant position. The City is actively recruiting for a Director of Public Works . Ms. Dawson’s public sector work experience includes serving as a City Manager and an Assistant City Manager. She possesses special skills and knowledge directly related t o the City’s Director of Public Works position. For these reasons, staff believes it would be most beneficial to the City to temporarily appoint her until the completion of the recruitment for an appointment to fill the Director of Public Works position, or June 30, 2024, whichever occurs earlier. Both the City, and Ms. Dawson, are aware that a retired annuitant can only be appointed once to a vacant position as required by Government Code Section 21221(h).

The retired annuitant’s salary cannot be less than the minimum or exceed the maximum for the vacant position as listed on the employer’s publicly available pay schedule for the position. Ms. Dawson will be temporarily appointed as a Director of Public Works . Her hourly pay rate upon temporary hire will be $106.34 per hour and will adjust by a four percent (4%) increase on or about July 1, 2023 in compliance with the implementation of a citywide cost of living adjustment.

The retired annuitant cannot be paid any other compensation or benefits in addition to the hourly pay rate . Ms. Dawson’s employment agreement (Attachment A) specifies that her temporary appointment is not eligible to receive any compensation or benefits other than her hourly pay rate.

A maximum of 960 hours can be worked within a fiscal yea r (July 1 to June 30), and CalPERS does not provide any exception to this limit. Nonpaid or volunteer hours can't be used in order to exceed 960 hours in a fiscal year. Ms. Dawson is expected to work while

11.4 CONSENT CALENDAR
Packet Pg. 101
COUNCIL MEETING DATE: JUNE 20, 2023
SUBJECT: TEMPORARY APPOINTMENT OF A CALPERS RETIREE PURSUANT TO GOVERNMENT CODE SECTIONS 7522.56 AND 21221(H)
PAGE 3

the City completes the recruitment for a n appointment of a Director of Public Works . The City will remain required to keep Ms. Dawson enrolled as a retired annuitant in the myCalPERS system and report hours worked to CalPERS.

The retiree will not accrue service credit or any additional retirement rights o r benefits.

While the City is required to report hours worked by Ms. Dawson, those hours will not be counted as additional retirement service credits and reported only for the purposes of tracking the fiscal year 960 hours limit.

The Employment Agreement ( Attachment A) identifies the detailed terms of Ms. Dawson’s temporary appointment. Staff requests that City Council adopt a Resolution (Attachment B) authorizing this temporary appointment effective July 1, 2023.

Attachment: Employment Agreement (Attachment A)
Resolution No. 2023-043 (Attachment B)

11.4 CONSENT CALENDAR
Packet Pg. 102

ATTACHMENT A
01225.0004/811806.1

AT-WILL INTERIM DIRECTOR OF PUBLIC WORKS

EMPLOYMENT AGREEMENT BETWEEN

THE CITY OF CHINO AND MICHELLE DAWSON
This At-Will Interim Director of Public Works Employment Agreement Between the City of Chino and Michelle Dawson (“Agreement”) is made this 20th day of June, 2023, between the City of Chino and (hereinafter referred to as “the City”) and Michelle Dawson (hereinafter referred to as “Employee”).

RECITALS
WHEREAS, the City desires to hire the services of a limited term employee to work as the Interim Director of Public Works while the City conducts a recruitment for a permanent Director of Public Works; and
WHEREAS, Employee possesses extensive experience in a City Manager capacity and the specialized skill set to perform the required duties of Interim Director of Public Works, and desires to provide the services of the Interim Director of Public Works Director for a limited term and as an at-will employee; and
WHEREAS, Employee is a retiree of the California Public Employee’s Retirement System (“CalPERS”), and will be working in the capacity of a retired annuitant consistent with the restrictions and requirements of CalPERS; and
WHEREAS, the parties desire to fix the terms and conditions of said limited term at -will employment by this Agreement.

IN CONSIDERATION OF THE MUTUAL COVENANTS AND AGREEMENT HEREIN CONTAINED, IT IS HEREBY AGREED AS FOLLOWS:

1. Services: Employee shall serve as the Interim Director of Public Works during the term of this Agreement. Employee will perform such duties as are specified in the job description of the position subject to modification by the City Manager , which shall not require an amendment to this Agreement. Employee shall perform such additional legally permissible and appropriate duties as may be assigned by the City Manager. Employee agrees to abide by all City policies and procedures.

Where there is a conflict between those policies and procedures and specific terms of this Agreement, this Agreement shall prevail.

2. Term: The City agrees to employ, and Employee accepts employment with the City under the terms of this Agreement beginning on July 1, 2023, and ending on the date that a regular appointment to the position begins employment or until Employee’s employment is terminated in accordance with this Agreement. This Agreement shall automatically terminate on June 30, 2 024, if not earlier terminated. The term will not exceed the limitations set forth by CalPERS for the employment of retired annuitants.

11.4.a
Appointment of Michelle Dawson as Interim Director of
Packet Pg. 103

ATTACHMENT A
01225.0004/811806.1

3. Compensation: Employee will be paid $106.34 per hour and will adjust by a four percent (4%) increase on or about July 1, 2023 in compliance with the implementation of a citywide cost of living adjustment , which is at the top of the monthly salary range for the Director of Public Works ($18,433), payable at the same time as other employees of the City are paid. Employee will be enrolled in CalPERS as a retired annuitant. Accordingly, no CalPERS contributions will be collected or paid in accordance with the requirements of CalPERS. Employee shall not receive paid vacation or any other employee benefits , incentives, compensation in lieu of benefits, or any other forms of compensation in addition to the hourly rate.

4. Termination: Employee shall be an at -will employee and serve at the will and pleasure of the City Manager. The City Manager may terminate this Agreement and Employee’s employment at any time with or without cause and without notice.

Employee expressly waives any rights provided under the City’s Personnel Rules, Municipal Code, or under other state or federal law to any other form of pre - or post-termination hearing, appeal, or other administrative process pertaining to termination. Employee may terminate this Agreement and Employee’s employment at any time upon written notice to the City.

5. Withholding of Taxes: The City will withhold any monies payable pursuant to this Agreement including all federal, state, City or other taxes as may be required by any law, or governmental regulation or ruling.

6. Hours o f Work: Employee is expected to conduct City business and perform Employee’s duties for the City during the normal business hours. Employee shall generally work up to 40 hours per week based on the City’s needs, not to exceed 960 hours per fiscal year . However, Employee may be required to, and in such cases agree to, work more than 40 hours in order to perform her duties ; in such event, Employee must first obtain prior written authorization of the City Manager.

The City recognizes that Employee may devote time outside normal office hours to the business of the City, and, therefore, Employee will be allowed to take reasonable time off during normal business hours subject to prior written approval of the City Manager.

7. Employee Work Product : All data, studies, reports, and other documents prepared and/or reviewed by Employee while performing her duties during the term of this Agreement shall be furnished to and become the property of the City, without restriction or limitation on their use. A ll ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Employee in connection with the performance of this Agreement shall be held confidential by Employee to the extent permitted by applicable law. Such materials, without the prior written consent of the City Manager or designee, shall not be used by Employee for any purpose other than the performance of her duties. Nor shall such materials be disclosed to any person or entity not connected with the performance of services under this Agreement, except as required by law.

11.4.a
Appointment of Michelle Dawson as Interim Director of
Packet Pg. 104

ATTACHMENT A
01225.0004/811806.1

8. No Severance: Employee shall not be entitled to severance pay, and Employee expressly waives any and all rights with respect to severance pay.

9. Indemnification: To the extent mandated by the California Government Code, the City shall defend, hold harmless, and indemnify Employee against any tort, professional liability, claim or demand, or other legal action arising out of an alleged act or omission occurring in the performance of Employee’s services under this Agreement. This section shall not apply to any intentional tort or crime committed by Employee, to any action outside the course and scope of Employee’s employment, or to any other intentional or malicious conduct or gross negligence of Employee.

10. Effect of Agreement on Employee’s CalPERS Retirement Benefits : The City makes no representation on the impact, if any, this Agreement shall or may have upon her CalPERS retirement benefits, status, duties, and/or obligations.

Employee acknowledges that in entering into this Agreement, she has not relied upon any such representations (none of which being in existence) in assessing the CalPERS-related impact of her employment. Therefore, Employee releases the City from any and all CalPERS -related claims or liabilities that may arise in connection with her employment pursuant to this Agreement.

11. No Unemployment Insurance Benefits Received By Employee: Employee expressly certifies and warrants to the City that she has not received any unemployment insurance payments for retired annuitant work for any public employer within the 12 months prior to her appointment date.

12. Effect of Waiver: The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions in this Agreement by the other party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other time or times.

13. Assignment: The rights and obligations of the respective parties hereto under this Agreement shall inure to the benefit and sh all be binding upon heirs, legal representatives, successors, and assigns of the parties hereto; provided, however, that this Agreement shall not be assignable by either party without the prior written consent of the other party. Any attempted assignment is void.

14. Entire Agreement: This Agreement supersedes any and all other agr eements, either verbal or in writing, between the parties hereto with respect to the subject matter hereof and contains all of the covenants and agreements between the parties with respect to said subject matter in any manner whatsoever. Any modifications of this Agreement will be effective only if it is in writing and signed by both Employee and the City Manager.

15. Governing Law: This Agreement shall be governed by, construed , and enforced in accordance with the laws of the State of California. Any action to interpret or enforce the terms of this Agreement shall be held exclusively in the state court in San Bernardino County, California. Employee expressly waives any right to

11.4.a
Appointment of Michelle Dawson as Interim Director of
Packet Pg. 105

ATTACHMENT A
01225.0004/811806.1
remove any such action from San Bernardino County, otherwise permitted by the California Code of Civil Procedure Section 394.

16. Partial Invalidity : If any provision of this Agreement is found to be invalid or unenforceable by any court, the remaining provisions hereof shall remain in effect unless such partial invalidity or unenforceability would defeat an essential business purpose of this Agreement.

17. Independent Legal Advice : The City and Employee represent and warra nt to each other that each has received legal advice from independent and separate legal counsel with respect to the legal effect of this Agreement, or has at least had the opportunity to do so, that each has carefully reviewed this entire Agreement, that each and every term thereof is understood, and that the terms of this Agreement are contractual and not a mere recital. This Agreement shall not be construed against the Party or its representatives who drafted it or who drafted any portion thereof.

18. Government Code Sections 53243 - 53243.4: Government Code Sections 53243 - 53243.4 sought to provide greater transparency in local government and institute certain limitations on compensation paid to local government executives.

Those statutes also require contracts between local agencies and their employees including provisions requiring an employee who is convicted of a crime involving an abuse of her office or position to provide reimbursement to the local agency.

Those statutes are incorporated herein by reference. Accordingly, the Parties agree it is their mutual intent to fully comply with the cited Government Code sections and all other applicable law as it exists as of the date of execution of this Agreement and as such laws may be amended from time to time thereafter.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on this 20th day of June 2023.

BY CITY:

____________________________________
Linda Reich, City Manager

BY EMPLOYEE:

_____________________________________
Michelle Dawson

11.4.a
Appointment of Michelle Dawson as Interim Director of
Packet Pg. 106

ATTACHMENT A
01225.0004/811806.1

APPROVED AS TO FORM:

______________________________________
Fred Galante, City Attorney

11.4.a
Appointment of Michelle Dawson as Interim Director of
Packet Pg. 107

ATTACHMENT B
RESOLUTION NO. 2023-xxx

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

CALIFORNIA, APPOINTING MICHELLE DAWSON AS AN INTERIM

DIRECTOR OF PUBLIC WORKS PER GOVERNMENT CODE SECTION
21221(h).

WHEREAS, Government Code Section 21221(h) of the Publi c Employees’ Retirement Law permits the governing body to appoint a CalPERS retiree to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and

WHEREAS, the City Council of the City of Chino desires to appoint Michelle Dawson as an interim appointment retire d an nuitant to the vacant position of Director of Public Works for the City of Chino under Government Code Section 21221(h), effective July 1, 2023; and

WHEREAS, the City Council of the City of Chino , the City of Chino and Michelle Dawson certify that Michelle Dawson has not and will not receive a Golden Handsh ake or any other retirement-related incentive; and

WHEREAS, an appointment under Gov ernment Code Section 21221(h) requires the retiree is appointed into the interim appointment during recruitment for a regular appointment; and

WHEREAS, the governing body has authorized the search for a regular appointment on June 13, 2023; and

WHEREAS, this Gov ernment Code Section 21221(h) appointment shall only be made once and therefore will end on June 30, 2024; and

WHEREAS, the entire employment agreement, cont ract or appointment document between Michelle Dawson and the City of Chino has been reviewed by this body and is attached herein; and

WHEREAS, the compensation paid to retirees cannot be less th an th e minimum nor exceed the maximum monthly base salary pa id to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and

WHEREAS, the maximum base salary for this position is $18,433 and the hourly equivalent is $106.34; the minimum base salary for this positi on is $13,653 and the hourly equivalent is $78.77; and

11.4.b
Appointment of Michelle Dawson as Interim Director of
Packet Pg. 108
RESOLUTION NO. 2023-xxx
PAGE 2
WHEREAS, the hourly rate paid to Michelle Dawson will be $106.34 and will adjust by a four percent (4%) increas e to $110.59 on or about July 1, 2023 in compliance with the implementation of a citywide cost of living adjustment; and

WHEREAS, Michelle Dawson has not and will not receive any other benefit, incentiv e, compensation in lieu of b enefit or other form of compensation in addition to this hourly pay rate; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chino hereby certifies the nature of the employment of Michelle Dawson as described herein and detailed in the attached employm ent agreement document and that this appointment is necessary to fill the critically needed position of Director of Public Works for the City of Chino by July 1, 2023.

APPROVED AND ADOPTED THIS 20th day of June, 2023.

________________________________
EUNICE M. ULLOA, MAYOR

ATTEST:

_____________________________

NATALIE GONZAGA, CITY CLERK

CITY OF CHINO

11.4.b
Appointment of Michelle Dawson as Interim Director of
Packet Pg. 109

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: JUNE 20, 2023

TO: LINDA REICH, CITY MANAGER

FROM: WARREN MORELION, INTERIM DIRECTOR OF DEVELOPMENT SERVICES

SUBJECT: TRI POINTE HOMES HOLDINGS, INC. - FINAL TRACT MAP NO. 20312 -1 & SUBDIVISION IMPROVEMENT AGREEMENT.

RECOMMENDATION
1) Approve Tract Map No. 20312 -1; 2) approve the Subdivision Improvement Agreement and securities with Tri Pointe Homes Holdings, Inc., a Delaware corporation; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.

FISCAL IMPACT
There is no direct fiscal impact to the City.

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

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

· Responsible Long-Range Planning

11.5 CONSENT CALENDAR
Packet Pg. 110
COUNCIL MEETING DATE: JUNE 20, 2023
SUBJECT: TRI POINTE HOMES HOLDINGS, INC. - FINAL TRACT MAP NO. 20312-1 &

SUBDIVISION IMPROVEMENT AGREEMENT
PAGE 2

BACKGROUND
On May 17, 2021, the Planning Commission approved an “A” level Master Site Appr oval (MSA) and Tentative Tract Map No. 20312 for the Falloncrest Town Square to master plan and subdivide 100.8 acres of land into 10 numbered lots and six lettered lots for future development of retail, commercial, office, residential, mixed use, and park space. This project is generally located south of the Southern California Edison (SCE) Easement, west of East Preserve Loop, east of West Preserve Loop and north of Pine Avenue. On June 15, 2021, the City Council approved a development agreement between t he City and Falloncrest Town Square that regulates the timing of development and public improvements within the Falloncrest Town Square.

Tri Pointe Homes Holdings, Inc., a Delaware corporation (the “Applicant”) acquired 23.6 acres of land within the Fallon crest Town Square master plan area in 2021. On October 17, 2022, the Planning Commission conditionally approved a "B" level MSA and Site Approval (SA) to further master plan the property and allow for the development of 188 attached residential units on 10.9 acres, a 9.9 acre public park, and a 0.4 acre pocket park within the High Density Residential 20 (HDR 20) land use designation of the Falloncrest Town Square project area. This "B" level project is generally located south of the Southern California Ed ison Easement, west of East Preserve Loop, east of Linden Lane, and north of Pine Avenue (Exhibit A).

As part of the Engineering Conditions of Approval, the developer is required to design and construct public improvements including, but not limited to, re sidential amenities, curb, gutter, street improvements, storm drain, domestic and recycled water, and sewer improvements within and along Bickmore Avenue, Linden Lane, and Pine Avenue. The required public improvements necessitate the execution of a Subdivi sion Improvement Agreement and the posting of securities to ensure the timely delivery of the public improvements, which upon completion and City acceptance, will support the City’s efforts to ensure responsible long-range planning.

ISSUES/ANALYSIS
The requirements made at the time of tentative map approval have been met by the execution of the Subdivision Improvement Agreement and by posting the necessary securities to guarantee the construction of public improvements. The City Attorney has reviewed and approved the Subdivision Improvement Agreement and respective securities (Exhibit B).

Therefore, it is staff’s recommendation to the City Council to approve Tract Map No. 20312 -1 and the Subdivision Improvement Agreement and correlating securities.

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

11.5 CONSENT CALENDAR
Packet Pg. 111

BICKMORE AVENUE

EAST PRESERVE LOOP

LINDEN LANE

PINE AVENUE

CURRANT LANE

PLUMERIA LANESPICEBUSH LANESNAPDRAGON LANE
ALLEY

SPICEBUSH LANEMILK THISTLE LANE
ALLEY

MIDWAY LANE

BISON DRIVEALAMO COURTCOCHISE COURT

ALAMO COURT

COUGAR COURT

HAVASUSTREET

BARDWELL WAY

BARDWELL WAY

GORGONIO WAY

GORGONIO WAYJACINTO DRIVE

EAST PRESERVE LOOP
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LOT 3LOT 4
LOT 1LOT A
LOT B
LOT E
LOT C
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BICKMORE AVE

PINE AVENUE
SHEET 1 OF 1EXHIBIT "A"SCALE : 1"=200'UNITED CIVIL INC30141 Agoura Road, Suite 215Agoura Hills, CA 91301PH: (818) 707-8648TRACT NO. 20312-1DATE: May 8, 2023

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Revenue: Expenditure: 1007010-43570

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

COUNCIL MEETING DATE: JUNE 20, 2023

TO: LINDA REICH, CITY MANAGER

FROM: WARREN MORELION, INTERIM DIRECTOR OF DEVELOPMENT SERVICES

SUBJECT: AMENDMENT TO PROFESSIONAL SERVICES AG REEMENT - GENERAL PLAN CHECK & OTHER RELATED ENGINEERING SERVICES (ERSC).

RECOMMENDATION
1) Approve an amendment to the Professional Services Agreement with Engineering Resources of Southern California, Redlands, CA, contract #2021-020, in the amount of $120,000 for a total contract amount not to exceed $670,000 for general plan check and other related engineering services through the end of Fiscal Year 2022 -2023; and 2) authorize the City Manager to execute the necessary documents on behalf of the City.

FISCAL IMPACT
There are sufficient funds included in the Fiscal Year 2022-23 Engineering operating budget.

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

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

11.6 CONSENT CALENDAR
Packet Pg. 193
COUNCIL MEETING DATE: JUNE 20, 2023
SUBJECT: AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT - GENERAL PLAN

CHECK & OTHER RELATED ENGINEERING SERVICES (ERSC)
PAGE 2

BACKGROUND
On June 16, 2020, the City Council approved a professional services agreement with Engineering Resources of Southern Cali fornia, Inc. (ERSC) for general plan check services effective July 1, 2020. The term of the agreement was one -year with the option to extend two additional one-year periods, for a maximum term of three years.

The original contracted amount for the 2022 -2023 fiscal year was $420,000. To align with increased plan check activity, staff requested an amendment in the amount of $130,000 for a revised total of $550,000 through June 30, 2023. The amendment was approved by City Council on March 21, 2023.

ISSUES/ANALYSIS
Following the amendment approval in March, engineering plan check activity with ERSC has continued to increase thus substantiating the need to add additional funds to accommodate the anticipated services needed through the end of the fiscal year. As a result, staff is requesting an amendment to the agreement in the amount of $120,000 for a revised total contract of $670,000 through the end of June 2023.

The Development Services Department collects fees from developers for plan check services related to development construction activity. These fees completely offset the expenditures. In addition, there are sufficient funds in the 2022 -23 fiscal year engineering operating budget to cover the proposed amendment. As a result, no appropriation will be neede d remaining in alignment with the City’s efforts to maintain fiscal responsibility.

The amendment to this contract enables us to maintain continuity without a lapse in processing plan check services for several important ongoing infrastructure projects in The Preserve.

Therefore, it is staff’s recommendation that City Council approve an amendment to the professional services agreement with ERSC in the amount of $120,000 for general plan check services.

Attachment: Contract Amendment

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Packet Pg. 194
Contract No.: 2021-020 A7
Approved: 6/20/2023

AMENDMENT NO. 7

TO AGREEMENT FOR SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR SERVICES (“Amendment”) by and between the C ity of Chino, a California municipal corporation (“City”) and Engineering Resources of Southern California, Inc. (“Consultant”) is effective as of the 20th day of June 2023.

RECITALS
A. City and Consultant entered into that certain Agr eement for Contractual Services dated July 1, 2020 ( “Agreement”) whereby Consultant agreed to provide general plan check services.

B. City and Consultant now desire to amend the Agreement to increase the compensation.

TERMS

1. Contract Changes. The Agreement is amended as provided herein. a. The total compensatio n for Consultant’s services provided for in Section 2.1 of the Agreement is hereby increased by One-Hundred Twenty Thousand Dollars ($120,000) due to an increased need for plan check services.

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

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

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

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

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

5. Authority. The persons executing this 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 part y, (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 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 FORM: APPROVED AS TO CONTENT:

ALESHIRE & WYNDER, LLP
_____________________________ _____________________________ Fred Galante, City Attorney Warren Morelion, AICP
Interim Director of Development Services
Department

CONSULTANT:

ENGINEERING RESOURCES OF
SOUTHERN CALIFORNIA, INC.

By:

Name: John M. Brudin
Title: President
By:

Name: Moe Ahmadi
Title: Vice President

Address: 1861 West Redlands Boulevard
Redlands, CA 92372

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

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

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Revenue: Expenditure: Various

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

COUNCIL MEETING DATE: JUNE 20, 2023

TO: LINDA REICH, CITY MANAGER

FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR

SUBJECT: VENDOR CAP INCREASE AND AMENDMENT APPROVAL FOR VARIOUS CIP PROJECTS - Z & K CONSULTANTS, INC..

RECOMMENDATION
1) Approve an increase to the vendor cap for Z & K Consultants, Inc. of Corona, CA, in the amount of $98,000 for a total vendor cap amount not -to-exceed $548,000 for Fiscal Year 2022- 2023; 2) approve an Amendment to the Agreement (Contract #2021 -133) with Z & K Consultants, Inc., of Corona, CA for additional on -call project management services for Fiscal Year 2022 -2023 for $98,000 for a total contract amount not -to-exceed $1,057,000; 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 Project Budgets.

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

11.7 CONSENT CALENDAR
Packet Pg. 198
COUNCIL MEETING DATE: JUNE 20, 2023
SUBJECT: VENDOR CAP INCREASE AND AMENDMENT APPROVAL FOR VARIOUS CIP PROJECTS - Z & K CONSULTANTS, INC.

PAGE 2

BACKGROUND
City Council authorization is required when the combined total of purchase orders and agreements to one vendor exceeds $50,000. On June 21, 2022, City Council approved the Fiscal Year 2022-23 vendor cap for Z & K Consultants for $350,000. On March 21, 2023, C ity Council approved a vendor cap increase for Z & K Consultants for $100,000 for a total Fiscal Year 2022-2023 vendor cap not-to-exceed $450,000.

Z & K Consultants, Inc., Corona, CA, is one of the City's Public Works Department's consultants for on -call services for all Capital Improvement Projects. As a result of project management work for CIP projects being expected to be completed for the remainder of the fiscal year, an increase to Z & K Consultants vendor cap and agreement for Fiscal Year 2022-2023 is needed.

ISSUES/ANALYSIS
Staff is requesting an additional increase in the amount of $98,000 to the existing vendor cap to cover the remaining costs for Fiscal Year 2022 -2023. This increase will create a new vendor cap for Z&K Consultants, Inc., Corona, CA, to $548,000 for Fiscal Year 2022-2023. In addition, staff is also requesting an amendment to the Agreement with Z&K Consultants, Inc., Corona, CA, in the amount of $98,000 for a new contract amount not-to-exceed $1,057,000.

Attachment: Z & K Consultants, Inc. - Amendment No. 6

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Project Name/No.: On-Call Engineering Services for Contract No.: 2021- 133 (A6) Capital Improvement Projects

Project Manager: Public Works/CIP Approved: ____________

AMENDMENT NO. 6

TO AGREEMENT FOR SERVICES

THIS AMENDMENT TO THE AGREEMENT FOR SERVICES
(“Amendment”) by and between the CITY OF CHINO, a California municipal corporation (“City”) and Z&K Consultants, Inc., (“Consultant”) is effective as of the 20th day of June 2023.

RECITALS
A. City and Consultant entered into that certain Agr eement for Contractual Services dated September 16th, 2020 (“Agreement”) whereby Consultant agreed to provide On-Call Engineering Services for Capital Improvement Projects.

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

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

D. City and Consultant executed a Third Amendment on March 15th, 20221 to increase compensation of the Agreement.

E. City and Consultant executed a Fourth Amendment on July 1 st, 2022 to increase compensation of the Agreement and extend the term of the Agreement.

F. City and Consultant executed a Fifth Amendment on March 21 st, 2023 to increase compensation of the Agreement.

G. City and Consultant now desire to amend the Agreement to increase compensation of the Agreement for Fiscal Year 2022-2023 for the performance of additional On- Call Engineering Services for Capital Improvement Projects.

TERMS

1. Contract Changes. The Agreement is amended as provided herein. (a) Section 2.1, Contract Sum, is hereby revised to increase the Contract Sum by Ninety-Eight Thousand Dollars and Zero Cents ($98,000.00) for fiscal year (2022-2023) for On-Call Engineering Staff Augmentation Services for Capital Improvement Projects, and shall read in its entirety as follows:
“Subject to any limitations set forth in this Agreement, City agrees to pay Consultant at the rates specified in “Exhibit C” and “Exhibit C -2”, Schedule of Compensation, the “A greement”. The total compensation, including reimbursement for actual expenses, shall not exceed One Million

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01225.0001/458787.1
Fifty-Seven Thousand Dollars and Zero Cents ($1,057,000.00) (the “Contract Sum”), unless additional compensation is approved pursuant to section 1.10.”

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

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

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

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

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

5. Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (i i) 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 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 FORM: APPROVED AS TO CONTENT:

ALESHIRE & WYNDER, LLP
_____________________________ ____________________________________

Fred Galante, City Attorney Amer Jakher, P.E., Director of Public Works

CONSULTANT:

Z&K CONSULTANTS, INC.:

By:

Name: Crystal Fraire
Title: President

By:

Name: Zack Faqih
Title: Vice President

Address: 22295 Jessamine Way
Corona, CA 92883

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Revenue: 36172601, 36172602, 36172603, 36172604, 36172606, 36172607 Expenditure: 3607260, 36172601, 36172602, 36172603, 36172604, 36172606, 36172607

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

COUNCIL MEETING DATE: JUNE 20, 2023

TO: LINDA REICH, CITY MANAGER

FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR

SUBJECT: LANDSCAPE AND STREETLIGHT MAINTENANCE DISTRICT ASSESSMENT FOR FISCAL YEAR 2023-24.

RECOMMENDATION
1) Adopt Resolution No. 2023 -035 directing the filing of an annual report; 2) adopt Resolution No. 2023-036 approving the Engineer's Report; 3) adopt Resolution No. 2023 -037 declaring its intention to order improvements for Assessment District Nos. 75 -1, 75-2, 76-1, 76-2, 83-2, and 2002-1; and 4) schedule a public hearing for Tuesday, July 18, 2023.

FISCAL IMPACT
Pending the adoption of the Fiscal Year 2023 -24 budget, sufficient funds have been included in the Fiscal Year 2023-24 Operating 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
• Superior Customer Service
• Responsible Long-Range Planning

11.8 CONSENT CALENDAR
Packet Pg. 203
COUNCIL MEETING DATE: JUNE 20, 2023
SUBJECT: LANDSCAPE AND STREETLIGHT MAINTENANCE DISTRICT ASSESSMENT FOR FISCAL YEAR 2023-24
PAGE 2

BACKGROUND
Over the years, pursuant to the Landscaping and Lighting Act of 1972 of the California Streets and Highways Code, the City formed six Landscape and Streetlight Maintenance Assessment Districts. This procedure authorized the City to recover costs that are incurred in providing landscaping and street lighting maintenance services through a special benefit assessment district procedure.

Proposition 218 changed the procedural requirements for imposing, extending, or increasing landscape and lighting assessments. Due to these changes, the City Council, in 2002, adopted a policy to annex futu re developments into Landscape and Streetlight Maintenance District 2002-1, which has a consumer price index (CPI) escalator that allows the City to increase rates.

The CPI adjustment is determined by the United States Department of Labor, Bureau of Labo r Statistics for all urban consumers in the Riverside - San Bernardino - Ontario area index from January 2022 - January 2023. This year, there is a 7.33% CPI increase for landscape and streetlight maintenance in District 2002-1.

In past years, City Counci l has approved a subsidy to the districts for landscape and lighting maintenance costs. As the costs associated with insurance, maintenance, water, and electricity change, the subsidy has also changed. Staff has reviewed the Fiscal Year 2021 -22, 2022-23, and the new Fiscal Year 2023 -24 information for expense, revenue, and subsidies from the engineer’s reports provided by Webb Associates. The information is provided as follows:

FY21-22 FY22-23 FY23-24
Total Maintenance Cost $1,116,002.34 $1,131,634.28 $1,195,873.80 Total Revenues Collected $627,558.38 $654,474.26 $673,432.71 City's Subsidy $488,443.97 $477,160.02 $522,441.10
Required City 50% Contribution
(General Benefit/Perimeter Areas)
$445,266.20 $451,863.32 $507,189.88
Total City Cost $933,710.17 $929,023.34 $1,029,630.98

A Proposition 218 mail ballot election, with majority support, would be required for any rate increase to the property owners in the districts above their current maximum assessment.

Certain zones in Exhibit 1 had a 5% or less increase to their assessment for Fiscal Year 2023 - 24, since they were not at their maximum assessment. This increase does not trigger a proposition election and will adjust each year until it reaches the maximum rate.

Exhibit 1 enumerates the actual Fiscal Year 2022-23 assessments for the 75-1, 75-2, 76-1, 76-2

11.8 CONSENT CALENDAR
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COUNCIL MEETING DATE: JUNE 20, 2023
SUBJECT: LANDSCAPE AND STREETLIGHT MAINTENANCE DISTRICT ASSESSMENT FOR FISCAL YEAR 2023-24
PAGE 3

and 83-2 assessment districts and staff’s recommended assessments for Fiscal Year 2023 -24, holding the per-zone assessments not-to-exceed their Fiscal Year 2022 -23 amounts (except in those areas that the rate was below the maximum assessment).

Exhibit 2 enumerates the actual Fiscal Year 2022 -23 assessments for the 2002 -1 assessment district and staff’s recommended assessments for Fiscal Year 2023 -24 which includes a 7.33% CPI rate increase.

The administrative charges (salaries, advertising, consultant services, and other miscellaneous office charges) for all six districts, 75 -1, 75 -2, 76 -1, 76 -2, 83 -2 and 2002 -1 were spread proportionately among the individual assessment areas.

ISSUES/ANALYSIS
For the City to continue assessing fees to maintain its landscape and lighting districts under the Landscape and Lighting Act of 1972 , the City Council is required to approve or approve as modified, the attached resolutions in sequence. This process documents the City’s intention to levy and collect assessments. A public hearing is required even though the rates are not recommended for increases over the allowable costs under Proposition 218, and the hearing has been scheduled for Tuesday, Jul y 18, 2023. Mailed notices are not required, only legal advertising and posting are mandated for this year. The Engineer’s Report provides detailed information on all costs used in determining the proposed assessments and is on file for review in the Public Works Department.

Attachments: Exhibit 1
Exhibit 2
Resolution No. 2023-035
Resolution No. 2023-036
Resolution No. 2023-037
FY 23-24 LMD 2002-1 ER
FY 23-24 LMDs 75, 76, 83-2 ER
FY 23-24 CPI

11.8 CONSENT CALENDAR
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Engineer’s Report
Fiscal Year 2023‐2024
City of Chino
Landscape and Street Light Maintenance District
Nos. 75‐1, 75‐2, 76‐1, 76‐2, and 83‐2
Prepared For
June 2023

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Table of Contents

Sections
Section i.  Engineer’s Statement _________________________________________________ i Section 1.  Plans and Specifications ______________________________________________ 1 Section 2.  Method of Assessment Apportionment __________________________________ 3 Section 3.  Cost Estimate  ______________________________________________________ 9 Section 4.  Assessment Roll  ___________________________________________________ 39

Tables
Table 2‐1.  Fiscal Year 2023‐2024 Proposed Assessments _____________________________ 5 Table 3‐1.  Fiscal Year 2023‐2024 Cost Estimate ___________________________________ 10

Appendices
Appendix A.  Fiscal Year 2023‐2024 Assessment Roll ________________________________  A‐1

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i. Engineer’s Statement

City of Chino Landscape and Street Lighting Districts 75-1, 75-2, 76-1, 76-2, and 83-2 Preliminary Engineer’s Report for Fiscal Year 2023-2024 i

AGENCY:  CITY OF CHINO
PROJECT:  LANDSCAPE AND STREET LIGHT MAINTENANCE DISTRICT NOS. 75‐1, 75‐2, 76‐1, 76‐2, AND 83‐2 TO:  CITY COUNCIL
CITY OF CHINO
STATE OF CALIFORNIA

Report Pursuant to "Landscaping and Lighting Act of 1972" Pursuant  to  direction  from  the  City  Council  (the  “City  Council”)  of  the  City  of  Chino  (the  “City”),  State  of California, submitted herewith is the Engineer’s Report for Landscape and Street Light Maintenance District Nos. 75‐1, 75‐2, 76‐1, 76‐2, and 83‐2 (the “Report”), consisting of the following parts, pursuant to the provisions of Division  15,  Part  2  of  the  Streets  and  Highways  Code  of  the  State  of  California,  being  the  "Landscaping  and Lighting Act of 1972" (the “Act”), as amended, commencing with Section 22500, Article XIII D, and which is in accordance  with  Resolution  No.  2023‐___  adopted  by  the  City  of  Chino  City  Council,  San  Bernardino  County, California ordering the preparation of the Report for Landscape and Street Light Maintenance District Nos. 75‐1, 75‐2, 76‐1, 76‐2, and 83‐2 (the “Districts”). This Report is applicable for the ensuing 12‐month period, being the Fiscal Year commencing July 1, 2023, to June 30, 2024.

S
ECTION 1  PLANS AND SPECIFICATIONS of the improvements to be maintained and/or improved for the Fiscal Year.  The  plans  and  specifications  show  and  describe  the  existing  improvements  and  are sufficient  in  showing  and  describing  the  general  nature,  location,  and  extent  of  the improvements.

S
ECTION 2  The  METHOD  OF  ASSESSMENT  APPORTIONMENT  calculates  the  receipt  of  special  benefit  and  the general  benefit  derived  from  the  installation  and  maintenance  and  servicing  of  the  respective improvements located throughout the District, and the methodology used to apportion the total assessment to the properties within the District.

S
ECTION 3  A  COST  ESTIMATE  of  the  improvements  to  be  maintained  and/or  improved  for  the  mentioned Fiscal Year.

SECTION 4  An  ASSESSMENT  ROLL  showing  the  proportionate  amount  of  the  assessment  to  be  charged  in proportion to the benefits to be received by each lot or parcel within the boundaries as shown on the Diagram.

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i. Engineer’s Statement

City of Chino Landscape and Street Lighting Districts 75-1, 75-2, 76-1, 76-2, and 83-2 Preliminary Engineer’s Report for Fiscal Year 2023-2024 ii

WHEREAS, on June 20, 2023, the City Council under the Act, adopted its Resolution Initiating Proceedings for the Annual Levy of Assessments and Ordering the Preparation of an Engineer’s Report for the Districts;

WHEREAS,  the  Resolution  of  Initiation  directed  Webb  Municipal  Finance,  LLC  to  prepare  and  file  a  report presenting plans and specifications describing the general nature, location, and extent of improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the Districts  for  the  referenced  Fiscal  Year,  a  diagram  for  the  Districts  showing  the  area  and  properties  to  be assessed,  and  an  assessment  of  the  estimated  costs  of  the  maintenance,  operations  and  servicing  of  the improvements,  assessing  the  net  amount  upon  all  assessable  lots  and‐or  parcels  within  the  Districts  in proportion to the special benefit received;

NOW  THEREFORE,  the  assessments  are  made  to  cover  the  portion  of  the  estimated  costs  of  maintenance, operation, and servicing of said improvements to be paid by the assessable real property within the Districts in proportion to the special benefit received.

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i. Engineer’s Statement

City of Chino Landscape and Street Lighting Districts 75-1, 75-2, 76-1, 76-2, and 83-2 Preliminary Engineer’s Report for Fiscal Year 2023-2024 iii

I, Matthew E. Webb, a Professional Civil Engineer (employed at Albert A. Webb Associates and retained through an  agreement  between  Webb  Municipal  Finance,  LLC,  and  my  employer)  do  hereby  assess  and  apportion  the total  amount  of  the  costs  and  expenses  upon  the  parcels  of  land  within  said  Districts  liable  therefore  and benefited  thereby,  in  proportion  to  the  estimated  benefits  that  each  parcel  receives,  respectively,  from  said maintenance, works of improvement, and appurtenances. Please note that Albert A. Webb Associates provides engineering  advice  and  related  consulting  services.  Albert  A.  Webb  Associates  is  not  a  registered  municipal advisor  and  does  not  participate  in  municipal  advisory  activities,  and  nothing  in  this  Engineer’s  Report  is,  or should be interpreted to be, municipal advisory services or advice.

Executed this   day of   2023.

ALBERT A. WEBB ASSOCIATES
MATTHEW E. WEBB
PROFESSIONAL CIVIL ENGINEER NO. 37385
ENGINEER OF WORK
ON BEHALF OF THE CITY OF CHINO
STATE OF CALIFORNIA

Final approval, confirmation and levy of the annual assessment and all matters in the Engineer's Report were made on the   day of   2023, by adoption of Resolution No.   By City Council.

CITY CLERK
CITY OF CHINO
STATE OF CALIFORNIA

A copy of the Assessment Roll and Engineer's Report were filed in the City Clerk’s Office on the day of   , 2023.

CITY CLERK
CITY OF CHINO
STATE OF CALIFORNIA

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1. Plans and Specifications

City of Chino Landscape and Street Lighting Districts 75-1, 75-2, 76-1, 76-2, and 83-2 Preliminary Engineer’s Report for Fiscal Year 2023-2024 1

Landscaping and Lighting Act of 1972: Improvements
The law allows the Districts, by direct benefit assessments, to provide funding for the installation, maintenance, operation, and administration of the following improvements:
 the  installation,  construction,  repair,  renovation,  or  replacement  of  public  lighting  facilities,  including, but not limited to, traffic signals and streetlights;
 the installation or planting of landscaping in common landscape areas;  the trimming of trees in common landscape areas;
 the installation or construction of statuary, fountains or other ornamental structures and facilities;  the installation of park or recreational improvements;  the maintenance and/or servicing of the above;
 the acquisition of land for park, recreational or open space purposes;  the  installation  or  construction  of  facilities  appurtenant  to  the  above  or  which  are  necessary  or convenient for the maintenance and servicing; and
 incidental expenses related to the District.

The  Landscape  and  Lighting  Act  of  1972,  Section  22573,  provides  that  assessments  be  apportioned  with reference to special benefit rather than according to assessed value. The section states:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula  or  method  which  fairly  distributes  the  net  amount  among  all  assessable  lots  or  parcels  in proportion to estimated benefits to be received by each such lot or parcel from the improvements. The determination  of  whether  or  not  a  lot  or  parcel  will  benefit  from  the  improvements  shall  be  made pursuant to the Improvement Act of 1911 (Division 7 {commencing with Section 5000}).” The  Act  also  provides  for  the  classification  of  various  areas  within  an  assessment  district  into  different  zones where:
“By reason of variations in the nature, location, and extent of the improvements, the various areas will receive  differing  degrees  of  benefit  from  the  improvements;  a  zone  shall  consist  of  all  territory  which will receive substantially the same degree of benefit from the improvements.” As  the  assessments  are  levied  on  the  basis  of  benefit,  they  are  not  a  tax,  and  therefore  are  not  governed  by Article XIIIA of the Constitution of the State of California.

Properties  owned  by  public  agencies,  such  as  the  city,  county,  state,  or  federal  government,  are  no  longer exempt from assessment pursuant to the passage of Proposition 218. However, said public parcels will not be assessed during Fiscal Year 2023‐2024 because the City of Chino invoked an exemption as noted in Article 4.6 Section 53753.5. (b)(2) of Chapter 4 Part 1 of Division 2 of Title 5 of the Government Code:
“Any assessment imposed pursuant to a petition signed by the persons owning all parcels subject to the assessment at the time the assessment is initially imposed.” When  public  property  is  not  devoted  to  public  use,  it  is  assessed.  Right‐of‐way  owned  by  Southern  California Edison Company and railroad operating right‐of‐way are also exempt from assessment.

Landscape and Street Lighting Districts 75‐1, 75‐2, 76‐1, 76‐2, and 83‐2 The  plans  and  specifications  for  the  improvements  within  the  Districts  are  on  file  and  available  for  public inspection in the office of the City Engineer and are part of this Report to the same extent as if said documents were attached hereto. The Assessor’s maps identifying the boundaries of the parcels located within each zone are  on  file  in  the  office  of  the  County  Assessor  and  are  by  reference  made  a  part  of  this  Report  to  the  same extent as if they were attached. A detailed parcel list is included as Appendix C. The general nature and extent of improvements are as follows:

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1. Plans and Specifications

City of Chino Landscape and Street Lighting Districts 75-1, 75-2, 76-1, 76-2, and 83-2 Preliminary Engineer’s Report for Fiscal Year 2023-2024 2

The Districts were established to provide for the installation, ongoing maintenance, operation, and servicing of landscape  and  public  street  lighting  improvements  installed  in  connection  with  the  development  of  parcels within the Districts.

Streetlights
The  maintenance  for  streetlight  improvements  may  include,  but  is  not  limited  to,  the  repair,  removal  and replacement  of  all  or  any  part  necessary  to  provide  for  the  normal  operation  of  streetlights.  Routine  repairs include replacing of the light bulb, lamp, glassware, fuse, or photocell. Extraordinary repair includes replacement of the ballast, luminaire, or correction of a wiring problem. Also included are the energy costs of the streetlight system.

Landscaping
The maintenance for landscape improvements include, but is not limited to, the repair, removal or replacement of  the  landscaping:  providing  for  the  life,  growth,  health  and  beauty  of  the  landscaping,  including  cultivation, irrigation, trimming, spraying, fertilizing, and treating for disease or injury; the removal of trimmings,  rubbish, debris, other solid waste; the maintenance, repair and replacement, necessary for all irrigation systems, and the removal of graffiti from walls immediately adjacent to the cultivated areas. Also included are the energy costs of the irrigation system.

The engineering drawings for the improvements to be operated and maintained by the Districts are on file in the office of the City Engineer and are available for public inspection during normal business hours.

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2. Method of Assessment Apportionment

City of Chino Landscape and Street Lighting Districts 75-1, 75-2, 76-1, 76-2, and 83-2 Preliminary Engineer’s Report for Fiscal Year 2023-2024 3

Proposition 218 Compliance
On November 5, 1996, California voters approved Proposition 218, entitled “Right to Vote on Taxes Act,” which added Article XIIID to the California Constitution. While its title refers only to taxes, Proposition 218 establishes new procedural requirements for the formation and administration of assessment districts. Proposition 218 also requires that with certain specified exception, which are described below, all existing assessment districts must be ratified by the property owners within the District using the new procedures.

Some of these exceptions include:
1) Any assessments imposed exclusively to finance the capital cost or maintenance and operation expenses for streets.
2) Any assessments levied pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed However, even if assessments are initially exempt from Proposition 218, if the assessments are increased in the future,  the  City  will  need  to  comply  with  the  provisions  of  Proposition  218  for  that  portion  of  the  increased assessment formula (e.g., CPI increase).

Proposition  218  does  not  define  the  term  “streets,”  however,  based  on  the  opinions  of  the  public  agency officials, attorneys, assessment  engineers, and Senate Bill 919, it  has been determined that streets include all public  improvements  located  within  the  street  rights‐of‐way.  This  would  include  median  and  parkway landscaping, traffic signals, safety lighting, and street lighting.

Proposition  218  defines  “assessment”  as  “any  levy  or  charge  upon  real  property  by  an  agency  for  a  special benefit  conferred  upon  the  real  property,”  California  Constitution,  Article  XIII  D,  §2(b).  A  special  assessment, sometimes called a “benefit assessment,” is a charge generally levied upon parcels of real property to pay for benefits  the  parcels  receive  from  local  improvements.  Special  assessments  are  levied  according  to  statutory authority granted by the Legislature or, in some instances, local charters. Distinguishing among taxes, fees, and assessments can be difficult and often depends on the context in which the distinction is made. For example, taxes,  assessments,  and  property‐related  fees  all  may  be  imposed  on  property.  The  key  feature  that distinguishes  an  assessment  from  a  tax,  fee,  or  charge  is  the  existence  of  a  special  benefit  to  real  property.

Without identifying a special benefit, there can be no assessment.

Distinguishing General and Special Benefit
Proposition 218 added a set of procedures and requirements, which a local government must follow to levy an assessment.  In  addition  to  notice,  hearing,  and  assessment  ballot  proceedings,  Proposition  218  provides  that “only special benefits are assessable” and requires a local government to “separate the general benefits from the special benefits conferred on a parcel.”
By its nature, most public improvements financed through an assessment district contain an element of public benefit.  The  test  is:  does  there  exist,  with  relation  to  the  improvement,  a  special  benefit  to  the  property assessed? The law requires that portion of the cost of the improvement, which benefits the public generally to be  separated  from  that  portion  of  the  cost  of  the  improvement,  which  specially  benefits  assessed  properties.

Proposition 218 provides the following definition of “Special Benefit”:
“Special Benefit” means a particular and distinct benefit over and above general benefits conferred on real  property  located  in  the  district  or  to  the  public  at  large.  General  enhancement  of  property  value does not constitute “special benefit”.

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2. Method of Assessment Apportionment

City of Chino Landscape and Street Lighting Districts 75-1, 75-2, 76-1, 76-2, and 83-2 Preliminary Engineer’s Report for Fiscal Year 2023-2024 4

Method of Assessment Apportionment
The law, including Article XIIID of the Constitution of the State of California, requires and the statues, including the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following), provide that special assessments, as levied pursuant to the “Landscaping and Lighting Act of 1972,” must be based solely on the  special  benefit  properties  receive  from  the  improvements.  The  statutes  do  not  specify  the  method  or formula  that  should  be  used  to  apportion  the  assessment  in  any  special  assessment  district  proceedings.  The City of Chino has retained the firm of Webb Municipal Finance, LLC for the purpose of assisting the City of Chino in making an analysis of the facts in Landscape and Street Light Maintenance District Nos. 75‐1, 75‐2, 76‐1, 76‐2, and 83‐2, and recommending to the City of Chino the correct apportionment of the assessment obligation.

In performing the analysis, it was necessary to identify the benefits that the improvements being financed will render  to  the  properties  within  the  boundaries  of  these  Assessment  Districts  and  to  determine  the  extent  to which such properties receive a direct and special benefit as distinguished from that of the general public.

The method of apportionment of assessment is described below.

Street Lighting
The Street Lighting  maintenance provided by the Districts applies to  both Interior Street Lights and Perimeter Street Lights located within each District’s boundaries. The primary benefits of street lighting consist of safety for pedestrians, motorists and residents living and owning property in the Districts during the nighttime hours.

Street lighting increases nighttime safety on the roads and streets by improving traffic circulation and reducing nighttime  accidents,  improving  ingress  and  egress  to  property,  improving  access  of  emergency  vehicles  and reduction in vandalism and other criminal activities.

Interior Street Lights are defined as those located on streets that are not considered a Primary Arterial, Major Arterial,  or  Secondary  Arterials  as  identified  by  the  City’s  General  Plan.  Based  on  their  location  and  function, these lights provide a distinct and special benefit to all developed parcels within the Districts. Each and every parcel  within  the  Districts  receives  a  particular  and  distinct  benefit  from  the  operation  and  on‐going maintenance of the Interior Street Lights over and above any general benefits that are provided and as such, the entire  cost  associated  with  these  lights  is  assessed  equally  to  each  lot  or  parcel  of  benefiting  tracts  or  parcel maps designated by Zones within the Districts.

Perimeter  Street  Lights  are  defined  as  those  lights  located  on  streets  that  are  classified  as  Primary  Arterials, Major  Arterials,  or  Secondary  Arterials  as  identified  by  the  City’s  General  Plan.  Based  on  their  location  and function, the Perimeter Street Lights provide both special and general benefit to all developed parcels within the various Zones in the Districts. Due to the general benefit that is provided to the surrounding community from the  operation  and  on‐going  maintenance  of  these  lights,  the  City  contributes  50  percent  (50%)  of  the  total annual  cost  related  to  the  operation  and  maintenance  for  all  perimeter  lights  with  the  various  Zones  in  the Districts. The remaining 50 percent (50%) of the operation and maintenance cost is assessed equally to each lot or parcel of benefiting tracts or parcel maps designated by Zones within the Districts.

Landscaping
The  landscape  maintenance  provided  to  the  various  zones  within  the  Districts  applies  to  both  Interior Landscaping and Perimeter Landscaping. The primary benefits that well maintained landscaping provides are the beautification  and  enhancement  of  the  desirability  of  the  surroundings.  These  improvements  provide  special benefit  to  those  developments  that  are  directly  adjacent  to  the  landscape  improvements  as  well  as  some general  benefit.  It  also  creates  surroundings  that  are  more  pleasant  for  motorists,  residents,  equestrians,  and pedestrians within the Districts.

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2. Method of Assessment Apportionment

City of Chino Landscape and Street Lighting Districts 75-1, 75-2, 76-1, 76-2, and 83-2 Preliminary Engineer’s Report for Fiscal Year 2023-2024 5

Interior  Landscaping  is  defined  as  areas  within  each  District’s  boundaries  that  are  not  considered  a  Primary Arterial,  Major  Arterial,  or  Secondary  Arterials  as  identified  by  the  City’s  General  Plan.  Each  and  every  parcel within  the  Districts  receives  a  particular  and  distinct  benefit  from  the  ongoing  maintenance  of  the  Interior Landscaping over and above any general benefits that are provided and as such, the entire cost associated with these  areas  of  landscaping  is  assessed  equally  to  each  lot  or  parcel  of  benefiting  tracts  or  parcel  maps designated by Zones within the Districts.

Perimeter  Landscaping  is  defined  as  areas  within  each  District’s  boundaries  that  are  classified  as  Primary Arterials, Major Arterials, or Secondary Arterials as identified by the City’s General Plan. Based on their location and  purpose,  the  Perimeter  Landscaping  provides  both  special  and  general  benefit  to  all  developed  parcels within  the  various  Zones  in  the  Districts.  Due  to  the  general  benefit  that  is  provided  to  the  surrounding community from the ongoing maintenance of these landscaped areas, the City contributes 50 percent (50%) of the total annual  cost related  to any  perimeter landscape maintenance with the various Zones in the  Districts.

The remaining 50 percent (50%) of the maintenance cost is assessed equally to each lot or parcel of benefiting tracts or parcel maps designated by Zones within the Districts.

Each of the parcels within the zones listed below have been deemed to receive proportional special benefit from the  maintenance  and  operation  of  the  improvements  within  that  zone.  The  Fiscal  Year  2023‐2024  proposed assessments per zone are as follows:

Table 3‐1
Fiscal Year 2023‐2024 Proposed Assessments

Levy
Benefit
Units (BU)
Maximum
Assessment per
BU
Actual
Assessment per
BU
% of
Maximum  Zone Costs
75‐1     $1,640.64   32   $51.27   $51.27000   100.00%  $2,568.68 75‐2     $3,887.62   41   $94.82   $94.82000   100.00%  $7,779.30 76‐1     $5,090.84   38   $165.84   $133.96936   80.78%  $7,085.37 76‐2     $6,665.58   114   $58.47   $58.47000   100.00%  $11,799.43 83‐2  Zone A  $1,462.50   50   $29.25   $29.25000   100.00%  $1,789.67 83‐2  Zone B  $1,108.23   41   $27.03   $27.03000   100.00%  $1,276.82 83‐2  Zone C  $4,437.60   240   $18.49   $18.49000   100.00%  $4,572.73 83‐2  Zone D  $823.02   43   $19.14   $19.14000   100.00%  $823.02 83‐2  Zone 001  $4,877.91   83   $58.77   $58.77000   100.00%  $6,458.21 83‐2  Zone 002  $6,359.46   83   $76.62   $76.62000   100.00%  $10,596.47 83‐2  Zone 003  $1,425.00   75   $19.00   $19.00000   100.00%  $1,425.00 83‐2  Zone 004  $348.88   21   $17.29   $16.61341   96.09%  $348.88 83‐2  Zone 005  $340.83   21   $16.23   $16.23000   100.00%  $340.83 83‐2  Zone 006  $1,495.11   43   $34.77   $34.77000   100.00%  $1,495.11 83‐2  Zone 007  $1,219.50   45   $27.10   $27.10000   100.00%  $4,295.35 83‐2  Zone 008  $810.73   19   $42.67   $42.67000   100.00%  $1,098.27 83‐2  Zone 009  $810.73   19   $42.67   $42.67000   100.00%  $931.74 83‐2  Zone 011  $4,209.60   96   $43.85   $43.85000   100.00%  $9,353.08 83‐2  Zone 012  $745.08   14   $53.22   $53.22000   100.00%  $1,279.35 83‐2  Zone 013  $714.55   31   $23.05   $23.05000   100.00%  $1,331.56 83‐2  Zone 014  $4,361.45   95   $45.91   $45.91000   100.00%  $5,657.57 83‐2  Zone 015  $2,944.04   44   $66.91   $66.91000   100.00%  $7,202.97 83‐2  Zone 016  $939.78   54   $29.25   $17.40341   59.50%  $939.78 83‐2  Zone 017  $1,623.84   34   $47.76   $47.76000   100.00%  $2,984.50

11.8.a
LSMD Assessment for Fiscal Year 2023-24
Packet Pg. 215

2. Method of Assessment Apportionment

City of Chino Landscape and Street Lighting Districts 75-1, 75-2, 76-1, 76-2, and 83-2 Preliminary Engineer’s Report for Fiscal Year 2023-2024 6

Levy
Benefit
Units (BU)
Maximum
Assessment per
BU
Actual
Assessment per
BU
% of
Maximum  Zone Costs
83‐2  Zone 018  $912.95   19   $48.05   $48.05000   100.00%  $1,976.17 83‐2  Zone 019  $1,123.46   26   $43.21   $43.21000   100.00%  $2,931.48 83‐2  Zone 020  $215,007.21   1,227   $175.23   $175.23000   100.00%  $498,817.06 83‐2  Zone 022  $369.61   18   $35.91   $20.53415   57.18%  $369.61 83‐2  Zone 024  $2,056.40   20   $102.82   $102.82000   100.00%  $3,091.89 83‐2  Zone 025  $958.64   23   $41.68   $41.68000   100.00%  $1,620.32 83‐2  Zone 026  $53.89   1   $53.89   $53.89000   100.00%  $53.89 83‐2  Zone 027  $233.24   14   $16.66   $16.66000   100.00%  $233.24 83‐2  Zone 028  $240.86   1   $240.86   $240.86000   100.00%  $240.86 83‐2  Zone 029  $471.10   7   $67.30   $67.30000   100.00%  $471.10 83‐2  Zone 030  $446.08   8   $55.76   $55.76000   100.00%  $446.08 83‐2  Zone 031  $222.69   2   $135.28   $111.34280   82.31%  $222.69 83‐2  Zone 032  $377.25   3   $125.75   $125.75000   100.00%  $827.26 83‐2  Zone 033  $642.15   1   $642.15   $642.15000   100.00%  $642.15 83‐2  Zone 034  $421.88   4   $105.47   $105.47000   100.00%  $421.88 83‐2  Zone 036  $273.72   2   $136.86   $136.86000   100.00%  $273.72 83‐2  Zone 037  $485.00   5   $97.00   $97.00000   100.00%  $485.00 83‐2  Zone 038  $367.91   1   $378.20   $367.91369   97.28%  $367.91 83‐2  Zone 039  $2,625.35   65   $40.39   $40.39000   100.00%  $3,104.77 83‐2  Zone 041  $8,682.24   128   $67.83   $67.83000   100.00%  $19,488.03 83‐2  Zone 042  $173.29   2   $122.68   $86.64676   70.63%  $173.29 83‐2  Zone 043  $118.72   2   $111.52   $59.35954   53.23%  $118.72 83‐2  Zone 045  $371.17   6   $72.22   $61.86137   85.66%  $371.17 83‐2  Zone 046  $1,178.52   4   $294.63   $294.63000   100.00%  $1,178.52 83‐2  Zone 048  $256.48   10   $28.99   $25.64834   88.47%  $256.48 83‐2  Zone 049  $233.68   1   $233.68   $233.68000   100.00%  $233.68 83‐2  Zone 050  $445.68   15   $38.24   $29.71183   77.70%  $445.68 83‐2  Zone 051  $148.44   3   $72.96   $49.48144   67.82%  $148.44 83‐2  Zone 052  $377.25   3   $125.75   $125.75000   100.00%  $377.25 83‐2  Zone 053  $443.17   21   $21.21   $21.10350   99.50%  $443.17 83‐2  Zone 054  $385.36   15   $29.97   $25.69040   85.72%  $385.36 83‐2  Zone 055  $74.23   1   $163.89   $74.22854   45.29%  $74.23 83‐2  Zone 057  $749.30   15   $55.67   $49.95366   89.73%  $749.30 83‐2  Zone 059  $330.75   7   $47.25   $47.25000   100.00%  $330.75 83‐2  Zone 061  $459.87   3   $153.29   $153.29000   100.00%  $459.87 83‐2  Zone 062  $286.69   3   $270.90   $95.56194   35.28%  $286.69 83‐2  Zone 063  $202.70   1   $233.68   $202.69904   86.74%  $202.70 83‐2  Zone 064  $1,386.50   4   $394.00   $346.62531   87.98%  $1,386.50 83‐2  Zone 065  $93.35   1   $151.96   $93.34723   61.43%  $93.35 83‐2  Zone 067  $652.82   6   $392.17   $108.80300   27.74%  $652.82 83‐2  Zone 069  $1,175.81   8   $227.38   $146.97658   64.64%  $1,555.70 83‐2  Zone 070  $155.14   12   $19.24   $12.92873   67.20%  $155.14 83‐2  Zone 074  $13,314.30   49   $3,693.01   $271.72034   7.36%  $13,314.30 83‐2  Zone 076  $200.95   1   $200.95   $200.95000   100.00%  $200.95 83‐2  Zone 078  $125.74   2   $62.87   $62.87000   100.00%  $125.74 83‐2  Zone 079  $200.96   16   $12.56   $12.56000   100.00%  $200.96

11.8.a
LSMD Assessment for Fiscal Year 2023-24
Packet Pg. 216

2. Method of Assessment Apportionment

City of Chino Landscape and Street Lighting Districts 75-1, 75-2, 76-1, 76-2, and 83-2 Preliminary Engineer’s Report for Fiscal Year 2023-2024 7

Levy
Benefit
Units (BU)
Maximum
Assessment per
BU
Actual
Assessment per
BU
% of
Maximum  Zone Costs
83‐2  Zone 080  $14,290.20   34   $420.30   $420.30000   100.00%  $25,816.68 83‐2  Zone 082  $3,715.49   38   $105.31   $97.77593   92.85%  $13,759.34 83‐2  Zone 086  $247.26   2   $123.63   $123.63000   100.00%  $247.26 83‐2  Zone 087  $628.52   2   $314.26   $314.26000   100.00%  $628.52 83‐2  Zone 088  $146.32   8   $18.29   $18.29000   100.00%  $146.32 83‐2  Zone 089  $258.17   1   $258.17   $258.17000   100.00%  $258.17 83‐2  Zone 090  $497.04   3   $165.68   $165.68000   100.00%  $929.10 83‐2  Zone 091  $206.85   1   $206.85   $206.85000   100.00%  $206.85 83‐2  Zone 093  $309.25   5   $61.85   $61.85000   100.00%  $309.25 83‐2  Zone 094  $69.08   2   $34.54   $34.54000   100.00%  $69.08 83‐2  Zone 095  $512.86   8   $227.79   $64.10762   28.14%  $512.86 83‐2  Zone 096  $326.19   3   $108.73   $108.73000   100.00%  $326.19 83‐2  Zone 097  $211.42   2   $105.71   $105.71000   100.00%  $211.42 83‐2  Zone 098  $6,330.41   83   $76.27   $76.27000   100.00%  $11,893.03 83‐2  Zone 099  $197.47   2   $103.91   $98.73314   95.02%  $197.47 83‐2  Zone 100  $779.82   6   $129.97   $129.97000   100.00%  $779.82 83‐2  Zone 101  $61.96   1   $61.96   $61.96000   100.00%  $84.82 83‐2  Zone 102  $10,328.28   88   $133.31   $117.36685   88.04%  $15,472.43 83‐2  Zone 103  $4,656.40   14   $332.60   $332.60000   100.00%  $7,552.73 83‐2  Zone 104  $148.11   1   $154.72   $148.11248   95.73%  $148.11 83‐2  Zone 105  $154.70   5   $30.94   $30.94000   100.00%  $154.70 83‐2  Zone 106  $82.17   1   $82.17   $82.17000   100.00%  $82.17 83‐2  Zone 107  $97.29   1   $122.37   $97.29094   79.51%  $97.29 83‐2  Zone 108  $7,290.36   3   $2,430.12   $2,430.12000   100.00%  $14,492.47 83‐2  Zone 109  $1,431.72   6   $238.62   $238.62000   100.00%  $1,431.72 83‐2  Zone 110  $50.95   4   $16.56   $12.73729   76.92%  $50.95 83‐2  Zone 111  $429.84   3   $143.28   $143.28000   100.00%  $429.84 83‐2  Zone 112  $12,189.02   61   $199.82   $199.82000   100.00%  $28,456.79 83‐2  Zone 113  $13,983.64   61   $229.24   $229.24000   100.00%  $25,976.16 83‐2  Zone 114  $19,463.04   64   $304.11   $304.11000   100.00%  $43,288.88 83‐2  Zone 115  $4,316.80   38   $113.60   $113.60000   100.00%  $7,430.43 83‐2  Zone 117  $1,874.60   24   $82.89   $78.10843   94.23%  $1,874.60 83‐2  Zone 118  $152.62   1   $154.72   $152.61775   98.64%  $152.62 83‐2  Zone 119A  $73.51   10   $9.98   $7.35138   73.66%  $73.51 83‐2  Zone 120  $232.62   2   $251.47   $116.30754   46.25%  $232.62 83‐2  Zone 121  $225.30   1   $255.23   $225.30198   88.27%  $225.30 83‐2  Zone 122  $1,346.99   5   $289.32   $269.39751   93.11%  $1,346.99 83‐2  Zone 123  $58.19   1   $72.21   $58.18568   80.58%  $58.19 83‐2  Zone 124  $69.28   2   $66.61   $34.63828   52.00%  $69.28 83‐2  Zone 125  $127.00   3   $154.72   $42.33426   27.36%  $127.00 83‐2  Zone 126  $220.54   3   $75.49   $73.51382   97.38%  $220.54 83‐2  Zone 127  $343.68   12   $29.10   $28.63964   98.42%  $343.68 83‐2  Zone 128  $5,143.53   147   $34.99   $34.99000   100.00%  $7,796.43 83‐2  Zone 129  $386.85   15   $25.79   $25.79000   100.00%  $386.85 83‐2  Zone 130  $26,893.10   65   $413.74   $413.74000   100.00%  $69,675.62 83‐2  Zone 131  $638.00   19   $39.46   $33.57897   85.10%  $638.00

11.8.a
LSMD Assessment for Fiscal Year 2023-24
Packet Pg. 217

2. Method of Assessment Apportionment

City of Chino Landscape and Street Lighting Districts 75-1, 75-2, 76-1, 76-2, and 83-2 Preliminary Engineer’s Report for Fiscal Year 2023-2024 8

Levy
Benefit
Units (BU)
Maximum
Assessment per
BU
Actual
Assessment per
BU
% of
Maximum  Zone Costs
83‐2  Zone 132  $1,006.95   3   $341.02   $335.64929   98.43%  $1,006.95 83‐2  Zone 133  $97.29   3   $40.42   $32.43031   80.23%  $97.29

Future Annexations
There will be no future annexations to these Districts.

11.8.a
LSMD Assessment for Fiscal Year 2023-24
Packet Pg. 218

3. Cost Estimate

City of Chino Landscape and Street Lighting Districts 75-1, 75-2, 76-1, 76-2, and 83-2 Preliminary Engineer’s Report for Fiscal Year 2023-2024 9

Annual costs for the Fiscal Year include maintenance, servicing and operation of public lighting and landscaping, and  incidental  expenses.  Incidental  expenses  may  include  engineering,  consulting  and  legal  costs  for  the administration of the Districts, finance department expenses for processing payments, and the cost of submittal of the annual assessments to the County of San Bernardino Auditor for placement on the tax roll.

The  costs  budgeted  to  each  District’s  zones,  for  the  proposed  Fiscal  Year  2023‐2024  assessments,  were determined by the City and have been summarized in Table 3‐1.

11.8.a
LSMD Assessment for Fiscal Year 2023-24
Packet Pg. 219

3. Cost Estimate

City of Chino Landscape and Street Lighting Districts 75-1, 75-2, 76-1, 76-2, and 83-2 Preliminary Engineer’s Report for Fiscal Year 2023-2024 10

Table 3‐1
Fiscal Year 2023‐2024 Cost Estimate
Budget Item  75‐1  75‐2  76‐1  76‐2

LANDSCAPE MAINTENANCE
Interior Landscape Maintenance  $0.00   $1,781.64   $580.63   $2,955.52 Perimeter Landscape Maintenance1  $1,507.87   $3,932.97   $4,687.03   $4,631.88 Subtotal Landscape Maintenance  $1,507.87   $5,714.61   $5,267.66   $7,587.40 STREET LIGHT MAINTENANCE
Interior Street Light Maintenance  $557.60   $929.34   $650.54   $2,230.41 Perimeter Street Light Maintenance1  $168.67   $122.20   $244.40   $444.90 Subtotal Street Light Maintenance  $726.27   $1,051.54   $894.93   $2,675.31 EQUESTRIAN TRAIL MAINTENANCE
Interior Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00 Perimeter Equestrian Trail Maintenance1  $0.00   $0.00   $0.00   $0.00 Subtotal Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00 PLANNED CAPITAL IMPROVEMENT EXPENDITURES
Landscape Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Lighting Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Subtotal Capital Improvement Expenditures  $0.00   $0.00   $0.00   $0.00 GENERAL BENEFIT EXPENSES
Landscape General Benefit ‐ City Contribution1  $1,507.87   $3,932.97   $4,687.03   $4,631.88 Lighting General Benefit ‐ City Contribution1  $168.67   $122.20   $244.40   $444.90 Equestrian General Benefit ‐ City Contribution1  $0.00   $0.00   $0.00   $0.00 Subtotal General Benefit Expenses ‐ Contributions  $1,676.54   $4,055.17   $4,931.43   $5,076.78 OPERATIONAL RESERVES FUNDING
Operation Reserves Collection  $0.00   $0.00   $0.00   $0.00 Operational Reserve Contribution  $0.00   $0.00   $0.00   $0.00 CAPITAL IMPROVEMENT FUNDING
Capital Improvement Reserves Collection  $0.00   $0.00   $0.00   $0.00 Subtotal Capital Improvement and Reserve Funding  $0.00   $0.00   $0.00   $0.00

ADMINISTRATION
Total Annual District Administration  $334.54   $1,013.15   $922.78   $1,536.72 Subtotal Administrative Cost  $334.54   $1,013.15   $922.78   $1,536.72 Total Cost Amount  $2,568.68   $7,779.30   $7,085.37   $11,799.43 Total Amount for Levy Submission  $1,640.64   $3,887.62   $5,090.84   $6,665.58 Total City Subsidy  ($928.04)  ($3,891.68)  ($1,994.54)  ($5,133.85)

DISTRICT
Total Parcels  32   41   38   114
Total Benefit Units  32   41   38   114
Calculated Annual Assessment Rate per Benefit Unit  $51.27   $94.82   $133.97   $58.47 Maximum Assessment Rate per Benefit Unit  $51.27   $94.82   $165.84   $58.47 1 Amount is 50% of Calculated Cost

11.8.a
LSMD Assessment for Fiscal Year 2023-24
Packet Pg. 220

3. Cost Estimate

City of Chino Landscape and Street Lighting Districts 75-1, 75-2, 76-1, 76-2, and 83-2 Preliminary Engineer’s Report for Fiscal Year 2023-2024 11

Budget Item  LLMD 83‐2
Zone A  Zone B  Zone C  Zone D
LANDSCAPE MAINTENANCE
Interior Landscape Maintenance  $0.00   $0.00   $0.00   $0.00 Perimeter Landscape Maintenance1  $753.94   $449.89   $968.07   $0.00 Subtotal Landscape Maintenance  $753.94   $449.89   $968.07   $0.00 STREET LIGHT MAINTENANCE
Interior Street Light Maintenance  $618.22   $475.56   $2,472.89   $570.67 Perimeter Street Light Maintenance1  $184.43   $185.08   $536.22   $111.31 Subtotal Street Light Maintenance  $802.65   $660.64   $3,009.11   $681.98 EQUESTRIAN TRAIL MAINTENANCE
Interior Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00 Perimeter Equestrian Trail Maintenance1  $0.00   $0.00   $0.00   $0.00 Subtotal Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00 PLANNED CAPITAL IMPROVEMENT EXPENDITURES
Landscape Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Lighting Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Subtotal Capital Improvement Expenditures  $0.00   $0.00   $0.00   $0.00 GENERAL BENEFIT EXPENSES
Landscape General Benefit ‐ City Contribution1  $753.94   $449.89   $968.07   $0.00 Lighting General Benefit ‐ City Contribution1  $184.43   $185.08   $536.22   $111.31 Equestrian General Benefit ‐ City Contribution1  $0.00   $0.00   $0.00   $0.00 Subtotal General Benefit Expenses ‐ Contributions  $938.37   $634.98   $1,504.29   $111.31 OPERATIONAL RESERVES FUNDING
Operation Reserves Collection  $0.00   $0.00   $0.00   $38.92 Operational Reserve Contribution  $0.00   $0.00   $0.00   $0.00 CAPITAL IMPROVEMENT FUNDING
Capital Improvement Reserves Collection  $0.00   $0.00   $0.00   $0.00 Subtotal Capital Improvement and Reserve Funding  $0.00   $0.00   $0.00   $38.92

ADMINISTRATION
Total Annual District Administration  $233.08   $166.29   $595.54   $102.12 Subtotal Administrative Cost  $233.08   $166.29   $595.54   $102.12 Total Cost Amount  $1,789.67   $1,276.82   $4,572.73   $823.02 Total Amount for Levy Submission  $1,462.50   $1,108.23   $4,437.60   $823.02 Total City Subsidy  ($327.17)  ($168.59)  ($135.13)  $0.00

DISTRICT
Total Parcels  50   41   240   43
Total Benefit Units  50   41   240   43
Calculated Annual Assessment Rate per Benefit Unit  $29.25   $27.03   $18.49   $19.14 Maximum Assessment Rate per Benefit Unit  $29.25   $27.03   $18.49   $19.14 1 Amount is 50% of Calculated Cost

11.8.a
LSMD Assessment for Fiscal Year 2023-24
Packet Pg. 221

3. Cost Estimate

City of Chino Landscape and Street Lighting Districts 75-1, 75-2, 76-1, 76-2, and 83-2 Preliminary Engineer’s Report for Fiscal Year 2023-2024 12

Budget Item  LLMD 83‐2
Zone 001  Zone 002  Zone 003  Zone 004
LANDSCAPE MAINTENANCE
Interior Landscape Maintenance  $0.00   $1,980.18   $0.00   $0.00 Perimeter Landscape Maintenance1  $4,495.77   $5,976.71   $0.00   $0.00 Subtotal Landscape Maintenance  $4,495.77   $7,956.88   $0.00   $0.00 STREET LIGHT MAINTENANCE
Interior Street Light Maintenance  $760.89   $1,056.41   $1,027.76   $142.67 Perimeter Street Light Maintenance1  $360.46   $203.11   $172.41   $36.89 Subtotal Street Light Maintenance  $1,121.35   $1,259.53   $1,200.17   $179.55 EQUESTRIAN TRAIL MAINTENANCE
Interior Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00 Perimeter Equestrian Trail Maintenance1  $0.00   $0.00   $0.00   $0.00 Subtotal Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00 PLANNED CAPITAL IMPROVEMENT EXPENDITURES
Landscape Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Lighting Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Subtotal Capital Improvement Expenditures  $0.00   $0.00   $0.00   $0.00 GENERAL BENEFIT EXPENSES
Landscape General Benefit ‐ City Contribution1  $4,495.77   $5,976.71   $0.00   $0.00 Lighting General Benefit ‐ City Contribution1  $360.46   $203.11   $172.41   $36.89 Equestrian General Benefit ‐ City Contribution1  $0.00   $0.00   $0.00   $0.00 Subtotal General Benefit Expenses ‐ Contributions  $4,856.22   $6,179.82   $172.41   $36.89 OPERATIONAL RESERVES FUNDING
Operation Reserves Collection  $0.00   $0.00   $45.12   $89.78 Operational Reserve Contribution  $0.00   $0.00   $0.00   $0.00 CAPITAL IMPROVEMENT FUNDING
Capital Improvement Reserves Collection  $0.00   $0.00   $0.00   $52.67 Subtotal Capital Improvement and Reserve Funding  $0.00   $0.00   $45.12   $142.44

ADMINISTRATION
Total Annual District Administration  $841.10   $1,380.05   $179.71   $26.89 Subtotal Administrative Cost  $841.10   $1,380.05   $179.71   $26.89 Total Cost Amount  $6,458.21   $10,596.47   $1,425.00   $348.88 Total Amount for Levy Submission  $4,877.91   $6,359.46   $1,425.00   $348.88 Total City Subsidy  ($1,580.30)  ($4,237.01)  $0.00   $0.00

DISTRICT
Total Parcels  83   83   75   21
Total Benefit Units  83   83   75   21
Calculated Annual Assessment Rate per Benefit Unit  $58.77   $76.62   $19.00   $16.61 Maximum Assessment Rate per Benefit Unit  $58.77   $76.62   $19.00   $17.29 1 Amount is 50% of Calculated Cost

11.8.a
LSMD Assessment for Fiscal Year 2023-24
Packet Pg. 222

3. Cost Estimate

City of Chino Landscape and Street Lighting Districts 75-1, 75-2, 76-1, 76-2, and 83-2 Preliminary Engineer’s Report for Fiscal Year 2023-2024 13

Budget Item  LLMD 83‐2
Zone 005  Zone 006  Zone 007  Zone 008
LANDSCAPE MAINTENANCE
Interior Landscape Maintenance  $0.00   $0.00   $2,939.77   $0.00 Perimeter Landscape Maintenance1  $0.00   $535.16   $266.04   $775.68 Subtotal Landscape Maintenance  $0.00   $535.16   $3,205.81   $775.68 STREET LIGHT MAINTENANCE
Interior Street Light Maintenance  $237.78   $570.67   $428.00   $142.67 Perimeter Street Light Maintenance1  $0.00   $36.89   $102.12   $36.89 Subtotal Street Light Maintenance  $237.78   $607.55   $530.12   $179.55 EQUESTRIAN TRAIL MAINTENANCE
Interior Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00 Perimeter Equestrian Trail Maintenance1  $0.00   $0.00   $0.00   $0.00 Subtotal Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00 PLANNED CAPITAL IMPROVEMENT EXPENDITURES
Landscape Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Lighting Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Subtotal Capital Improvement Expenditures  $0.00   $0.00   $0.00   $0.00 GENERAL BENEFIT EXPENSES
Landscape General Benefit ‐ City Contribution1  $0.00   $535.16   $266.04   $775.68 Lighting General Benefit ‐ City Contribution1  $0.00   $36.89   $102.12   $36.89 Equestrian General Benefit ‐ City Contribution1  $0.00   $0.00   $0.00   $0.00 Subtotal General Benefit Expenses ‐ Contributions  $0.00   $572.05   $368.16   $812.57 OPERATIONAL RESERVES FUNDING
Operation Reserves Collection  $67.45   $181.29   $0.00   $0.00 Operational Reserve Contribution  $0.00   $0.00   $0.00   $0.00 CAPITAL IMPROVEMENT FUNDING
Capital Improvement Reserves Collection  $0.00   $0.00   $0.00   $0.00 Subtotal Capital Improvement and Reserve Funding  $67.45   $181.29   $0.00   $0.00

ADMINISTRATION
Total Annual District Administration  $35.60   $171.11   $559.41   $143.04 Subtotal Administrative Cost  $35.60   $171.11   $559.41   $143.04 Total Cost Amount  $340.83   $1,495.11   $4,295.35   $1,098.27 Total Amount for Levy Submission  $340.83   $1,495.11   $1,219.50   $810.73 Total City Subsidy  $0.00   $0.00   ($3,075.85)  ($287.54)

DISTRICT
Total Parcels  21   43   45   19
Total Benefit Units  21   43   45   19
Calculated Annual Assessment Rate per Benefit Unit  $16.23   $34.77   $27.10   $42.67 Maximum Assessment Rate per Benefit Unit  $16.23   $34.77   $27.10   $42.67 1 Amount is 50% of Calculated Cost

11.8.a
LSMD Assessment for Fiscal Year 2023-24
Packet Pg. 223

3. Cost Estimate

City of Chino Landscape and Street Lighting Districts 75-1, 75-2, 76-1, 76-2, and 83-2 Preliminary Engineer’s Report for Fiscal Year 2023-2024 14

Budget Item  LLMD 83‐2
Zone 009  Zone 011  Zone 012  Zone 013
LANDSCAPE MAINTENANCE
Interior Landscape Maintenance  $0.00   $4,281.29   $184.11   $219.52 Perimeter Landscape Maintenance1  $583.29   $2,725.19   $654.92   $569.80 Subtotal Landscape Maintenance  $583.29   $7,006.47   $839.03   $789.32 STREET LIGHT MAINTENANCE
Interior Street Light Maintenance  $190.22   $856.00   $190.22   $285.33 Perimeter Street Light Maintenance1  $36.89   $272.49   $83.48   $83.48 Subtotal Street Light Maintenance  $227.11   $1,128.49   $273.71   $368.82 EQUESTRIAN TRAIL MAINTENANCE
Interior Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00 Perimeter Equestrian Trail Maintenance1  $0.00   $0.00   $0.00   $0.00 Subtotal Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00 PLANNED CAPITAL IMPROVEMENT EXPENDITURES
Landscape Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Lighting Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Subtotal Capital Improvement Expenditures  $0.00   $0.00   $0.00   $0.00 GENERAL BENEFIT EXPENSES
Landscape General Benefit ‐ City Contribution1  $583.29   $2,725.19   $654.92   $569.80 Lighting General Benefit ‐ City Contribution1  $36.89   $272.49   $83.48   $83.48 Equestrian General Benefit ‐ City Contribution1  $0.00   $0.00   $0.00   $0.00 Subtotal General Benefit Expenses ‐ Contributions  $620.17   $2,997.67   $738.40   $653.29 OPERATIONAL RESERVES FUNDING
Operation Reserves Collection  $0.00   $0.00   $0.00   $0.00 Operational Reserve Contribution  $0.00   $0.00   $0.00   $0.00 CAPITAL IMPROVEMENT FUNDING
Capital Improvement Reserves Collection  $0.00   $0.00   $0.00   $0.00 Subtotal Capital Improvement and Reserve Funding  $0.00   $0.00   $0.00   $0.00

ADMINISTRATION
Total Annual District Administration  $121.35   $1,218.12   $166.62   $173.42 Subtotal Administrative Cost  $121.35   $1,218.12   $166.62   $173.42 Total Cost Amount  $931.74   $9,353.08   $1,279.35   $1,331.56 Total Amount for Levy Submission  $810.73   $4,209.60   $745.08   $714.55 Total City Subsidy  ($121.01)  ($5,143.48)  ($534.27)  ($617.01)

DISTRICT
Total Parcels  19   96   14   31
Total Benefit Units  19   96   14   31
Calculated Annual Assessment Rate per Benefit Unit  $42.67   $43.85   $53.22   $23.05 Maximum Assessment Rate per Benefit Unit  $42.67   $43.85   $53.22   $23.05 1 Amount is 50% of Calculated Cost

11.8.a
LSMD Assessment for Fiscal Year 2023-24
Packet Pg. 224

3. Cost Estimate

City of Chino Landscape and Street Lighting Districts 75-1, 75-2, 76-1, 76-2, and 83-2 Preliminary Engineer’s Report for Fiscal Year 2023-2024 15

Budget Item  LLMD 83‐2
Zone 014  Zone 015  Zone 016  Zone 017
LANDSCAPE MAINTENANCE
Interior Landscape Maintenance  $0.00   $3,260.08   $0.00   $552.87 Perimeter Landscape Maintenance1  $3,858.98   $2,427.64   $0.00   $1,504.28 Subtotal Landscape Maintenance  $3,858.98   $5,687.72   $0.00   $2,057.15 STREET LIGHT MAINTENANCE
Interior Street Light Maintenance  $856.00   $475.56   $428.00   $428.00 Perimeter Street Light Maintenance1  $205.77   $101.60   $55.66   $110.66 Subtotal Street Light Maintenance  $1,061.77   $577.16   $483.66   $538.66 EQUESTRIAN TRAIL MAINTENANCE
Interior Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00 Perimeter Equestrian Trail Maintenance1  $0.00   $0.00   $0.00   $0.00 Subtotal Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00 PLANNED CAPITAL IMPROVEMENT EXPENDITURES
Landscape Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Lighting Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Subtotal Capital Improvement Expenditures  $0.00   $0.00   $0.00   $0.00 GENERAL BENEFIT EXPENSES
Landscape General Benefit ‐ City Contribution1  $3,858.98   $2,427.64   $0.00   $1,504.28 Lighting General Benefit ‐ City Contribution1  $205.77   $101.60   $55.66   $110.66 Equestrian General Benefit ‐ City Contribution1  $0.00   $0.00   $0.00   $0.00 Subtotal General Benefit Expenses ‐ Contributions  $4,064.75   $2,529.24   $55.66   $1,614.94 OPERATIONAL RESERVES FUNDING
Operation Reserves Collection  $0.00   $0.00   $241.83   $0.00 Operational Reserve Contribution  $0.00   $0.00   $0.00   $0.00 CAPITAL IMPROVEMENT FUNDING

Capital Improvement Reserves Collection  $0.00   $0.00   $141.88   $0.00 Subtotal Capital Improvement and Reserve Funding  $0.00   $0.00   $383.71   $0.00

ADMINISTRATION
Total Annual District Administration  $736.83   $938.09   $72.42   $388.69 Subtotal Administrative Cost  $736.83   $938.09   $72.42   $388.69 Total Cost Amount  $5,657.57   $7,202.97   $939.78   $2,984.50 Total Amount for Levy Submission  $4,361.45   $2,944.04   $939.78   $1,623.84 Total City Subsidy  ($1,296.12)  ($4,258.93)  $0.00   ($1,360.66)

DISTRICT
Total Parcels  95   44   54   34
Total Benefit Units  95   44   54   34
Calculated Annual Assessment Rate per Benefit Unit  $45.91   $66.91   $17.40   $47.76 Maximum Assessment Rate per Benefit Unit  $45.91   $66.91   $29.25   $47.76 1 Amount is 50% of Calculated Cost

11.8.a
LSMD Assessment for Fiscal Year 2023-24
Packet Pg. 225

3. Cost Estimate

City of Chino Landscape and Street Lighting Districts 75-1, 75-2, 76-1, 76-2, and 83-2 Preliminary Engineer’s Report for Fiscal Year 2023-2024 16

Budget Item  LLMD 83‐2
Zone 018  Zone 019  Zone 020  Zone 022
LANDSCAPE MAINTENANCE
Interior Landscape Maintenance  $675.36   $1,511.89   $237,312.02   $0.00 Perimeter Landscape Maintenance1  $853.22   $690.32   $174,203.41   $0.00 Subtotal Landscape Maintenance  $1,528.58   $2,202.22   $411,515.43   $0.00 STREET LIGHT MAINTENANCE
Interior Street Light Maintenance  $190.22   $190.22   $16,929.81   $190.22 Perimeter Street Light Maintenance1  $0.00   $157.26   $4,657.58   $0.00 Subtotal Street Light Maintenance  $190.22   $347.48   $21,587.39   $190.22 EQUESTRIAN TRAIL MAINTENANCE
Interior Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00 Perimeter Equestrian Trail Maintenance1  $0.00   $0.00   $749.70   $0.00 Subtotal Equestrian Trail Maintenance  $0.00   $0.00   $749.70   $0.00 PLANNED CAPITAL IMPROVEMENT EXPENDITURES
Landscape Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Lighting Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Subtotal Capital Improvement Expenditures  $0.00   $0.00   $0.00   $0.00 GENERAL BENEFIT EXPENSES
Landscape General Benefit ‐ City Contribution1  $853.22   $690.32   $174,203.41   $0.00 Lighting General Benefit ‐ City Contribution1  $0.00   $157.26   $4,657.58   $0.00 Equestrian General Benefit ‐ City Contribution1  $0.00   $0.00   $749.70   $0.00 Subtotal General Benefit Expenses ‐ Contributions  $853.22   $847.58   $179,610.69   $0.00 OPERATIONAL RESERVES FUNDING
Operation Reserves Collection  $0.00   $0.00   $0.00   $95.11 Operational Reserve Contribution  $0.00   $0.00   $0.00   $0.00 CAPITAL IMPROVEMENT FUNDING
Capital Improvement Reserves Collection  $0.00   $0.00   $0.00   $55.80 Subtotal Capital Improvement and Reserve Funding  $0.00   $0.00   $0.00   $150.91

ADMINISTRATION
Total Annual District Administration  $257.37   $381.79   $64,964.54   $28.48 Subtotal Administrative Cost  $257.37   $381.79   $64,964.54   $28.48 Total Cost Amount  $1,976.17   $2,931.48   $498,817.06   $369.61 Total Amount for Levy Submission  $912.95   $1,123.46   $215,007.21   $369.61 Total City Subsidy  ($1,063.22)  ($1,808.02)  ($283,809.85)  $0.00

DISTRICT
Total Parcels  19   26   1,227   18
Total Benefit Units  19   26   1,227   18
Calculated Annual Assessment Rate per Benefit Unit  $48.05   $43.21   $175.23   $20.53 Maximum Assessment Rate per Benefit Unit  $48.05   $43.21   $175.23   $35.91 1 Amount is 50% of Calculated Cost

11.8.a
LSMD Assessment for Fiscal Year 2023-24
Packet Pg. 226

3. Cost Estimate

City of Chino Landscape and Street Lighting Districts 75-1, 75-2, 76-1, 76-2, and 83-2 Preliminary Engineer’s Report for Fiscal Year 2023-2024 17

Budget Item  LLMD 83‐2
Zone 024  Zone 025  Zone 026  Zone 027
LANDSCAPE MAINTENANCE
Interior Landscape Maintenance  $0.00   $0.00   $0.00   $0.00 Perimeter Landscape Maintenance1  $2,443.33   $0.00   $0.00   $0.00 Subtotal Landscape Maintenance  $2,443.33   $0.00   $0.00   $0.00 STREET LIGHT MAINTENANCE
Interior Street Light Maintenance  $190.22   $856.00   $0.00   $0.00 Perimeter Street Light Maintenance1  $55.66   $553.29   $36.89   $184.43 Subtotal Street Light Maintenance  $245.88   $1,409.29   $36.89   $184.43 EQUESTRIAN TRAIL MAINTENANCE
Interior Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00 Perimeter Equestrian Trail Maintenance1  $0.00   $0.00   $0.00   $0.00 Subtotal Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00 PLANNED CAPITAL IMPROVEMENT EXPENDITURES
Landscape Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Lighting Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Subtotal Capital Improvement Expenditures  $0.00   $0.00   $0.00   $0.00 GENERAL BENEFIT EXPENSES
Landscape General Benefit ‐ City Contribution1  $2,443.33   $0.00   $0.00   $0.00 Lighting General Benefit ‐ City Contribution1  $55.66   $553.29   $36.89   $184.43 Equestrian General Benefit ‐ City Contribution1  $0.00   $0.00   $0.00   $0.00 Subtotal General Benefit Expenses ‐ Contributions  $2,498.99   $553.29   $36.89   $184.43 OPERATIONAL RESERVES FUNDING
Operation Reserves Collection  $0.00   $0.00   $11.48   $21.19 Operational Reserve Contribution  $0.00   $0.00   $0.00   $0.00 CAPITAL IMPROVEMENT FUNDING
Capital Improvement Reserves Collection  $0.00   $0.00   $0.00   $0.00 Subtotal Capital Improvement and Reserve Funding  $0.00   $0.00   $11.48   $21.19

ADMINISTRATION
Total Annual District Administration  $402.68   $211.03   $5.52   $27.62 Subtotal Administrative Cost  $402.68   $211.03   $5.52   $27.62 Total Cost Amount  $3,091.89   $1,620.32   $53.89   $233.24 Total Amount for Levy Submission  $2,056.40   $958.64   $53.89   $233.24 Total City Subsidy  ($1,035.49)  ($661.68)  $0.00   $0.00

DISTRICT
Total Parcels  20   23   1   14
Total Benefit Units  20   23   1   14
Calculated Annual Assessment Rate per Benefit Unit  $102.82   $41.68   $53.89   $16.66 Maximum Assessment Rate per Benefit Unit  $102.82   $41.68   $53.89   $16.66 1 Amount is 50% of Calculated Cost

11.8.a
LSMD Assessment for Fiscal Year 2023-24
Packet Pg. 227

3. Cost Estimate

City of Chino Landscape and Street Lighting Districts 75-1, 75-2, 76-1, 76-2, and 83-2 Preliminary Engineer’s Report for Fiscal Year 2023-2024 18

Budget Item  LLMD 83‐2
Zone 028  Zone 029  Zone 030  Zone 031
LANDSCAPE MAINTENANCE
Interior Landscape Maintenance  $0.00   $0.00   $0.00   $0.00 Perimeter Landscape Maintenance1  $0.00   $0.00   $0.00   $0.00 Subtotal Landscape Maintenance  $0.00   $0.00   $0.00   $0.00 STREET LIGHT MAINTENANCE
Interior Street Light Maintenance  $0.00   $190.22   $95.11   $0.00 Perimeter Street Light Maintenance1  $185.08   $110.66   $147.54   $110.66 Subtotal Street Light Maintenance  $185.08   $300.88   $242.66   $110.66 EQUESTRIAN TRAIL MAINTENANCE
Interior Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00 Perimeter Equestrian Trail Maintenance1  $0.00   $0.00   $0.00   $0.00 Subtotal Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00 PLANNED CAPITAL IMPROVEMENT EXPENDITURES
Landscape Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Lighting Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Subtotal Capital Improvement Expenditures  $0.00   $0.00   $0.00   $0.00 GENERAL BENEFIT EXPENSES
Landscape General Benefit ‐ City Contribution1  $0.00   $0.00   $0.00   $0.00 Lighting General Benefit ‐ City Contribution1  $185.08   $110.66   $147.54   $110.66 Equestrian General Benefit ‐ City Contribution1  $0.00   $0.00   $0.00   $0.00 Subtotal General Benefit Expenses ‐ Contributions  $185.08   $110.66   $147.54   $110.66 OPERATIONAL RESERVES FUNDING
Operation Reserves Collection  $28.06   $125.17   $121.33   $55.33 Operational Reserve Contribution  $0.00   $0.00   $0.00   $0.00 CAPITAL IMPROVEMENT FUNDING

Capital Improvement Reserves Collection  $0.00   $0.00   $45.76   $40.13 Subtotal Capital Improvement and Reserve Funding  $28.06   $125.17   $167.09   $95.46

ADMINISTRATION
Total Annual District Administration  $27.71   $45.05   $36.33   $16.57 Subtotal Administrative Cost  $27.71   $45.05   $36.33   $16.57 Total Cost Amount  $240.86   $471.10   $446.08   $222.69 Total Amount for Levy Submission  $240.86   $471.10   $446.08   $222.69 Total City Subsidy  $0.00   $0.00   $0.00   $0.00

DISTRICT
Total Parcels  1   7   8   2
Total Benefit Units  1   7   8   2
Calculated Annual Assessment Rate per Benefit Unit  $240.86   $67.30   $55.76   $111.34 Maximum Assessment Rate per Benefit Unit  $240.86   $67.30   $55.76   $135.28 1 Amount is 50% of Calculated Cost

11.8.a
LSMD Assessment for Fiscal Year 2023-24
Packet Pg. 228

3. Cost Estimate

City of Chino Landscape and Street Lighting Districts 75-1, 75-2, 76-1, 76-2, and 83-2 Preliminary Engineer’s Report for Fiscal Year 2023-2024 19

Budget Item  LLMD 83‐2
Zone 032  Zone 033  Zone 034  Zone 036
LANDSCAPE MAINTENANCE
Interior Landscape Maintenance  $0.00   $0.00   $0.00   $0.00 Perimeter Landscape Maintenance1  $0.00   $0.00   $0.00   $0.00 Subtotal Landscape Maintenance  $0.00   $0.00   $0.00   $0.00 STREET LIGHT MAINTENANCE
Interior Street Light Maintenance  $368.86   $0.00   $0.00   $0.00 Perimeter Street Light Maintenance1  $350.66   $397.34   $212.91   $202.07 Subtotal Street Light Maintenance  $719.52   $397.34   $212.91   $202.07 EQUESTRIAN TRAIL MAINTENANCE
Interior Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00 Perimeter Equestrian Trail Maintenance1  $0.00   $0.00   $0.00   $0.00 Subtotal Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00 PLANNED CAPITAL IMPROVEMENT EXPENDITURES
Landscape Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Lighting Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Subtotal Capital Improvement Expenditures  $0.00   $0.00   $0.00   $0.00 GENERAL BENEFIT EXPENSES
Landscape General Benefit ‐ City Contribution1  $0.00   $0.00   $0.00   $0.00 Lighting General Benefit ‐ City Contribution1  $350.66   $397.34   $212.91   $202.07 Equestrian General Benefit ‐ City Contribution1  $0.00   $0.00   $0.00   $0.00 Subtotal General Benefit Expenses ‐ Contributions  $350.66   $397.34   $212.91   $202.07 OPERATIONAL RESERVES FUNDING
Operation Reserves Collection  $0.00   $185.31   $106.46   $41.39 Operational Reserve Contribution  $0.00   $0.00   $0.00   $0.00 CAPITAL IMPROVEMENT FUNDING

Capital Improvement Reserves Collection  $0.00   $0.00   $70.63   $0.00 Subtotal Capital Improvement and Reserve Funding  $0.00   $185.31   $177.09   $41.39

ADMINISTRATION
Total Annual District Administration  $107.74   $59.50   $31.88   $30.26 Subtotal Administrative Cost  $107.74   $59.50   $31.88   $30.26 Total Cost Amount  $827.26   $642.15   $421.88   $273.72 Total Amount for Levy Submission  $377.25   $642.15   $421.88   $273.72 Total City Subsidy  ($450.01)  $0.00   $0.00   $0.00

DISTRICT
Total Parcels  3   1   4   2
Total Benefit Units  3   1   4   2
Calculated Annual Assessment Rate per Benefit Unit  $125.75   $642.15   $105.47   $136.86 Maximum Assessment Rate per Benefit Unit  $125.75   $642.15   $105.47   $136.86 1 Amount is 50% of Calculated Cost

11.8.a
LSMD Assessment for Fiscal Year 2023-24
Packet Pg. 229

3. Cost Estimate

City of Chino Landscape and Street Lighting Districts 75-1, 75-2, 76-1, 76-2, and 83-2 Preliminary Engineer’s Report for Fiscal Year 2023-2024 20

Budget Item  LLMD 83‐2
Zone 037  Zone 038  Zone 039  Zone 041
LANDSCAPE MAINTENANCE
Interior Landscape Maintenance  $0.00   $0.00   $0.00   $0.00 Perimeter Landscape Maintenance1  $0.00   $0.00   $1,628.93   $16,591.73 Subtotal Landscape Maintenance  $0.00   $0.00   $1,628.93   $16,591.73 STREET LIGHT MAINTENANCE
Interior Street Light Maintenance  $0.00   $0.00   $951.11   $0.00 Perimeter Street Light Maintenance1  $194.80   $157.26   $120.37   $358.24 Subtotal Street Light Maintenance  $194.80   $157.26   $1,071.48   $358.24 EQUESTRIAN TRAIL MAINTENANCE
Interior Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00 Perimeter Equestrian Trail Maintenance1  $0.00   $0.00   $0.00   $0.00 Subtotal Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00 PLANNED CAPITAL IMPROVEMENT EXPENDITURES
Landscape Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Lighting Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Subtotal Capital Improvement Expenditures  $0.00   $0.00   $0.00   $0.00 GENERAL BENEFIT EXPENSES
Landscape General Benefit ‐ City Contribution1  $0.00   $0.00   $1,628.93   $16,591.73 Lighting General Benefit ‐ City Contribution1  $194.80   $157.26   $120.37   $358.24 Equestrian General Benefit ‐ City Contribution1  $0.00   $0.00   $0.00   $0.00 Subtotal General Benefit Expenses ‐ Contributions  $194.80   $157.26   $1,749.30   $16,949.96 OPERATIONAL RESERVES FUNDING
Operation Reserves Collection  $97.40   $78.63   $0.00   $0.00 Operational Reserve Contribution  $0.00   $0.00   $0.00   $0.00 CAPITAL IMPROVEMENT FUNDING

Capital Improvement Reserves Collection  $163.64   $108.48   $0.00   $0.00 Subtotal Capital Improvement and Reserve Funding  $261.04   $187.11   $0.00   $0.00

ADMINISTRATION
Total Annual District Administration  $29.17   $23.55   $404.36   $2,538.07 Subtotal Administrative Cost  $29.17   $23.55   $404.36   $2,538.07 Total Cost Amount  $485.00   $367.91   $3,104.77   $19,488.03 Total Amount for Levy Submission  $485.00   $367.91   $2,625.35   $8,682.24 Total City Subsidy  $0.00   $0.00   ($479.42)  ($10,805.79)

DISTRICT
Total Parcels  5   1   65   128
Total Benefit Units  5   1   65   128
Calculated Annual Assessment Rate per Benefit Unit  $97.00   $367.91   $40.39   $67.83 Maximum Assessment Rate per Benefit Unit  $97.00   $378.20   $40.39   $67.83 1 Amount is 50% of Calculated Cost

11.8.a
LSMD Assessment for Fiscal Year 2023-24
Packet Pg. 230

3. Cost Estimate

City of Chino Landscape and Street Lighting Districts 75-1, 75-2, 76-1, 76-2, and 83-2 Preliminary Engineer’s Report for Fiscal Year 2023-2024 21

Budget Item  LLMD 83‐2
Zone 042  Zone 043  Zone 045  Zone 046
LANDSCAPE MAINTENANCE
Interior Landscape Maintenance  $0.00   $0.00   $0.00   $0.00 Perimeter Landscape Maintenance1  $0.00   $0.00   $0.00   $467.10 Subtotal Landscape Maintenance  $0.00   $0.00   $0.00   $467.10 STREET LIGHT MAINTENANCE
Interior Street Light Maintenance  $0.00   $0.00   $0.00   $0.00 Perimeter Street Light Maintenance1  $86.23   $61.10   $184.43   $255.63 Subtotal Street Light Maintenance  $86.23   $61.10   $184.43   $255.63 EQUESTRIAN TRAIL MAINTENANCE
Interior Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00 Perimeter Equestrian Trail Maintenance1  $0.00   $0.00   $0.00   $0.00 Subtotal Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00 PLANNED CAPITAL IMPROVEMENT EXPENDITURES
Landscape Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Lighting Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Subtotal Capital Improvement Expenditures  $0.00   $0.00   $0.00   $0.00 GENERAL BENEFIT EXPENSES
Landscape General Benefit ‐ City Contribution1  $0.00   $0.00   $0.00   $467.10 Lighting General Benefit ‐ City Contribution1  $86.23   $61.10   $184.43   $255.63 Equestrian General Benefit ‐ City Contribution1  $0.00   $0.00   $0.00   $0.00 Subtotal General Benefit Expenses ‐ Contributions  $86.23   $61.10   $184.43   $722.73 OPERATIONAL RESERVES FUNDING
Operation Reserves Collection  $43.11   $30.55   $92.22   $342.80 Operational Reserve Contribution  $0.00   $0.00   $0.00   $0.00 CAPITAL IMPROVEMENT FUNDING

Capital Improvement Reserves Collection  $31.04   $17.92   $66.91   $4.77 Subtotal Capital Improvement and Reserve Funding  $74.15   $48.47   $159.12   $347.57

ADMINISTRATION
Total Annual District Administration  $12.91   $9.15   $27.62   $108.22 Subtotal Administrative Cost  $12.91   $9.15   $27.62   $108.22 Total Cost Amount  $173.29   $118.72   $371.17   $1,178.52 Total Amount for Levy Submission  $173.29   $118.72   $371.17   $1,178.52 Total City Subsidy  $0.00   $0.00   $0.00   $0.00

DISTRICT
Total Parcels  2   2   6   4
Total Benefit Units  2   2   6   4
Calculated Annual Assessment Rate per Benefit Unit  $86.65   $59.36   $61.86   $294.63 Maximum Assessment Rate per Benefit Unit  $122.68   $111.52   $72.22   $294.63 1 Amount is 50% of Calculated Cost

11.8.a
LSMD Assessment for Fiscal Year 2023-24
Packet Pg. 231

3. Cost Estimate

City of Chino Landscape and Street Lighting Districts 75-1, 75-2, 76-1, 76-2, and 83-2 Preliminary Engineer’s Report for Fiscal Year 2023-2024 22

Budget Item  LLMD 83‐2
Zone 048  Zone 049  Zone 050  Zone 051
LANDSCAPE MAINTENANCE
Interior Landscape Maintenance  $0.00   $0.00   $0.00   $0.00 Perimeter Landscape Maintenance1  $0.00   $0.00   $0.00   $0.00 Subtotal Landscape Maintenance  $0.00   $0.00   $0.00   $0.00 STREET LIGHT MAINTENANCE
Interior Street Light Maintenance  $95.11   $0.00   $0.00   $0.00 Perimeter Street Light Maintenance1  $36.89   $83.48   $221.32   $73.77 Subtotal Street Light Maintenance  $132.00   $83.48   $221.32   $73.77 EQUESTRIAN TRAIL MAINTENANCE
Interior Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00 Perimeter Equestrian Trail Maintenance1  $0.00   $0.00   $0.00   $0.00 Subtotal Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00 PLANNED CAPITAL IMPROVEMENT EXPENDITURES
Landscape Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Lighting Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Subtotal Capital Improvement Expenditures  $0.00   $0.00   $0.00   $0.00 GENERAL BENEFIT EXPENSES
Landscape General Benefit ‐ City Contribution1  $0.00   $0.00   $0.00   $0.00 Lighting General Benefit ‐ City Contribution1  $36.89   $83.48   $221.32   $73.77 Equestrian General Benefit ‐ City Contribution1  $0.00   $0.00   $0.00   $0.00 Subtotal General Benefit Expenses ‐ Contributions  $36.89   $83.48   $221.32   $73.77 OPERATIONAL RESERVES FUNDING
Operation Reserves Collection  $66.00   $41.74   $110.66   $36.89 Operational Reserve Contribution  $0.00   $0.00   $0.00   $0.00 CAPITAL IMPROVEMENT FUNDING

Capital Improvement Reserves Collection  $38.72   $95.95   $80.56   $26.74 Subtotal Capital Improvement and Reserve Funding  $104.72   $137.70   $191.22   $63.63

ADMINISTRATION
Total Annual District Administration  $19.77   $12.50   $33.14   $11.05 Subtotal Administrative Cost  $19.77   $12.50   $33.14   $11.05 Total Cost Amount  $256.48   $233.68   $445.68   $148.44 Total Amount for Levy Submission  $256.48   $233.68   $445.68   $148.44 Total City Subsidy  $0.00   $0.00   $0.00   $0.00

DISTRICT
Total Parcels  10   1   15   3
Total Benefit Units  10   1   15   3
Calculated Annual Assessment Rate per Benefit Unit  $25.65   $233.68   $29.71   $49.48 Maximum Assessment Rate per Benefit Unit  $28.99   $233.68   $38.24   $72.96 1 Amount is 50% of Calculated Cost

11.8.a
LSMD Assessment for Fiscal Year 2023-24
Packet Pg. 232

3. Cost Estimate

City of Chino Landscape and Street Lighting Districts 75-1, 75-2, 76-1, 76-2, and 83-2 Preliminary Engineer’s Report for Fiscal Year 2023-2024 23

Budget Item  LLMD 83‐2
Zone 052  Zone 053  Zone 054  Zone 055
LANDSCAPE MAINTENANCE
Interior Landscape Maintenance  $0.00   $0.00   $0.00   $0.00 Perimeter Landscape Maintenance1  $0.00   $0.00   $0.00   $0.00 Subtotal Landscape Maintenance  $0.00   $0.00   $0.00   $0.00 STREET LIGHT MAINTENANCE
Interior Street Light Maintenance  $0.00   $0.00   $142.67   $0.00 Perimeter Street Light Maintenance1  $184.43   $228.11   $55.66   $36.89 Subtotal Street Light Maintenance  $184.43   $228.11   $198.32   $36.89 EQUESTRIAN TRAIL MAINTENANCE
Interior Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00 Perimeter Equestrian Trail Maintenance1  $0.00   $0.00   $0.00   $0.00 Subtotal Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00 PLANNED CAPITAL IMPROVEMENT EXPENDITURES
Landscape Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Lighting Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Subtotal Capital Improvement Expenditures  $0.00   $0.00   $0.00   $0.00 GENERAL BENEFIT EXPENSES
Landscape General Benefit ‐ City Contribution1  $0.00   $0.00   $0.00   $0.00 Lighting General Benefit ‐ City Contribution1  $184.43   $228.11   $55.66   $36.89 Equestrian General Benefit ‐ City Contribution1  $0.00   $0.00   $0.00   $0.00 Subtotal General Benefit Expenses ‐ Contributions  $184.43   $228.11   $55.66   $36.89 OPERATIONAL RESERVES FUNDING
Operation Reserves Collection  $92.22   $114.06   $99.16   $18.44 Operational Reserve Contribution  $0.00   $0.00   $0.00   $0.00 CAPITAL IMPROVEMENT FUNDING

Capital Improvement Reserves Collection  $72.99   $66.85   $58.18   $13.38 Subtotal Capital Improvement and Reserve Funding  $165.20   $180.91   $157.34   $31.82

ADMINISTRATION
Total Annual District Administration  $27.62   $34.16   $29.70   $5.52 Subtotal Administrative Cost  $27.62   $34.16   $29.70   $5.52 Total Cost Amount  $377.25   $443.17   $385.36   $74.23 Total Amount for Levy Submission  $377.25   $443.17   $385.36   $74.23 Total City Subsidy  $0.00   $0.00   $0.00   $0.00

DISTRICT
Total Parcels  3   21   15   1
Total Benefit Units  3   21   15   1
Calculated Annual Assessment Rate per Benefit Unit  $125.75   $21.10   $25.69   $74.23 Maximum Assessment Rate per Benefit Unit  $125.75   $21.21   $29.97   $163.89 1 Amount is 50% of Calculated Cost

11.8.a
LSMD Assessment for Fiscal Year 2023-24
Packet Pg. 233

3. Cost Estimate

City of Chino Landscape and Street Lighting Districts 75-1, 75-2, 76-1, 76-2, and 83-2 Preliminary Engineer’s Report for Fiscal Year 2023-2024 24

Budget Item  LLMD 83‐2
Zone 057  Zone 059  Zone 061  Zone 062
LANDSCAPE MAINTENANCE
Interior Landscape Maintenance  $0.00   $0.00   $0.00   $0.00 Perimeter Landscape Maintenance1  $0.00   $0.00   $0.00   $0.00 Subtotal Landscape Maintenance  $0.00   $0.00   $0.00   $0.00 STREET LIGHT MAINTENANCE
Interior Street Light Maintenance  $0.00   $0.00   $111.31   $73.77 Perimeter Street Light Maintenance1  $368.95   $73.77   $215.57   $73.77 Subtotal Street Light Maintenance  $368.95   $73.77   $326.88   $147.54 EQUESTRIAN TRAIL MAINTENANCE
Interior Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00 Perimeter Equestrian Trail Maintenance1  $0.00   $0.00   $0.00   $0.00 Subtotal Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00 PLANNED CAPITAL IMPROVEMENT EXPENDITURES
Landscape Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Lighting Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Subtotal Capital Improvement Expenditures  $0.00   $0.00   $0.00   $0.00 GENERAL BENEFIT EXPENSES
Landscape General Benefit ‐ City Contribution1  $0.00   $0.00   $0.00   $0.00 Lighting General Benefit ‐ City Contribution1  $368.95   $73.77   $215.57   $73.77 Equestrian General Benefit ‐ City Contribution1  $0.00   $0.00   $0.00   $0.00 Subtotal General Benefit Expenses ‐ Contributions  $368.95   $73.77   $215.57   $73.77 OPERATIONAL RESERVES FUNDING
Operation Reserves Collection  $184.47   $36.89   $84.04   $73.77 Operational Reserve Contribution  $0.00   $0.00   $0.00   $0.00 CAPITAL IMPROVEMENT FUNDING

Capital Improvement Reserves Collection  $140.64   $209.05   $0.00   $43.28 Subtotal Capital Improvement and Reserve Funding  $325.11   $245.93   $84.04   $117.05

ADMINISTRATION
Total Annual District Administration  $55.25   $11.05   $48.95   $22.09 Subtotal Administrative Cost  $55.25   $11.05   $48.95   $22.09 Total Cost Amount  $749.30   $330.75   $459.87   $286.69 Total Amount for Levy Submission  $749.30   $330.75   $459.87   $286.69 Total City Subsidy  $0.00   $0.00   $0.00   $0.00

DISTRICT
Total Parcels  15   7   3   3
Total Benefit Units  15   7   3   3
Calculated Annual Assessment Rate per Benefit Unit  $49.95   $47.25   $153.29   $95.56 Maximum Assessment Rate per Benefit Unit  $55.67   $47.25   $153.29   $270.90 1 Amount is 50% of Calculated Cost

11.8.a
LSMD Assessment for Fiscal Year 2023-24
Packet Pg. 234

3. Cost Estimate

City of Chino Landscape and Street Lighting Districts 75-1, 75-2, 76-1, 76-2, and 83-2 Preliminary Engineer’s Report for Fiscal Year 2023-2024 25

Budget Item  LLMD 83‐2
Zone 063  Zone 064  Zone 065  Zone 067
LANDSCAPE MAINTENANCE
Interior Landscape Maintenance  $0.00   $0.00   $0.00   $0.00 Perimeter Landscape Maintenance1  $0.00   $0.00   $0.00   $0.00 Subtotal Landscape Maintenance  $0.00   $0.00   $0.00   $0.00 STREET LIGHT MAINTENANCE
Interior Street Light Maintenance  $0.00   $0.00   $0.00   $285.33 Perimeter Street Light Maintenance1  $83.48   $172.45   $27.83   $0.00 Subtotal Street Light Maintenance  $83.48   $172.45   $27.83   $285.33 EQUESTRIAN TRAIL MAINTENANCE
Interior Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00 Perimeter Equestrian Trail Maintenance1  $0.00   $0.00   $0.00   $0.00 Subtotal Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00 PLANNED CAPITAL IMPROVEMENT EXPENDITURES
Landscape Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Lighting Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Subtotal Capital Improvement Expenditures  $0.00   $0.00   $0.00   $0.00 GENERAL BENEFIT EXPENSES
Landscape General Benefit ‐ City Contribution1  $0.00   $0.00   $0.00   $0.00 Lighting General Benefit ‐ City Contribution1  $83.48   $172.45   $27.83   $0.00 Equestrian General Benefit ‐ City Contribution1  $0.00   $0.00   $0.00   $0.00 Subtotal General Benefit Expenses ‐ Contributions  $83.48   $172.45   $27.83   $0.00 OPERATIONAL RESERVES FUNDING
Operation Reserves Collection  $41.74   $86.23   $13.91   $142.67 Operational Reserve Contribution  $0.00   $0.00   $0.00   $0.00 CAPITAL IMPROVEMENT FUNDING

Capital Improvement Reserves Collection  $64.97   $1,102.00   $47.44   $182.09 Subtotal Capital Improvement and Reserve Funding  $106.71   $1,188.22   $61.35   $324.76

ADMINISTRATION
Total Annual District Administration  $12.50   $25.82   $4.17   $42.73 Subtotal Administrative Cost  $12.50   $25.82   $4.17   $42.73 Total Cost Amount  $202.70   $1,386.50   $93.35   $652.82 Total Amount for Levy Submission  $202.70   $1,386.50   $93.35   $652.82 Total City Subsidy  $0.00   $0.00   $0.00   $0.00

DISTRICT
Total Parcels  1   4   1   6
Total Benefit Units  1   4   1   6
Calculated Annual Assessment Rate per Benefit Unit  $202.70   $346.63   $93.35   $108.80 Maximum Assessment Rate per Benefit Unit  $233.68   $394.00   $151.96   $392.17 1 Amount is 50% of Calculated Cost

11.8.a
LSMD Assessment for Fiscal Year 2023-24
Packet Pg. 235

3. Cost Estimate

City of Chino Landscape and Street Lighting Districts 75-1, 75-2, 76-1, 76-2, and 83-2 Preliminary Engineer’s Report for Fiscal Year 2023-2024 26

Budget Item  LLMD 83‐2
Zone 069  Zone 070  Zone 074  Zone 076
LANDSCAPE MAINTENANCE
Interior Landscape Maintenance  $0.00   $0.00   $0.00   $0.00 Perimeter Landscape Maintenance1  $941.97   $0.00   $8,008.92   $0.00 Subtotal Landscape Maintenance  $941.97   $0.00   $8,008.92   $0.00 STREET LIGHT MAINTENANCE
Interior Street Light Maintenance  $190.22   $0.00   $0.00   $0.00 Perimeter Street Light Maintenance1  $73.77   $27.83   $812.15   $110.66 Subtotal Street Light Maintenance  $263.99   $27.83   $812.15   $110.66 EQUESTRIAN TRAIL MAINTENANCE
Interior Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00 Perimeter Equestrian Trail Maintenance1  $147.12   $0.00   $0.00   $0.00 Subtotal Equestrian Trail Maintenance  $147.12   $0.00   $0.00   $0.00 PLANNED CAPITAL IMPROVEMENT EXPENDITURES
Landscape Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Lighting Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Subtotal Capital Improvement Expenditures  $0.00   $0.00   $0.00   $0.00 GENERAL BENEFIT EXPENSES
Landscape General Benefit ‐ City Contribution1  $941.97   $0.00   $8,008.92   $0.00 Lighting General Benefit ‐ City Contribution1  $73.77   $27.83   $812.15   $110.66 Equestrian General Benefit ‐ City Contribution1  $147.12   $0.00   $0.00   $0.00 Subtotal General Benefit Expenses ‐ Contributions  $1,162.87   $27.83   $8,821.07   $110.66 OPERATIONAL RESERVES FUNDING
Operation Reserves Collection  $0.00   $13.91   $3,172.37   $55.33 Operational Reserve Contribution  $0.00   $0.00   $0.00   $0.00 CAPITAL IMPROVEMENT FUNDING

Capital Improvement Reserves Collection  $0.00   $109.24   $0.00   $18.39 Subtotal Capital Improvement and Reserve Funding  $0.00   $123.15   $3,172.37   $73.72

ADMINISTRATION
Total Annual District Administration  $202.61   $4.17   $1,320.86   $16.57 Subtotal Administrative Cost  $202.61   $4.17   $1,320.86   $16.57 Total Cost Amount  $1,555.70   $155.14   $13,314.30   $200.95 Total Amount for Levy Submission  $1,175.81   $155.14   $13,314.30   $200.95 Total City Subsidy  ($379.89)  $0.00   $0.00   $0.00

DISTRICT
Total Parcels  8   12   49   1
Total Benefit Units  8   12   49   1
Calculated Annual Assessment Rate per Benefit Unit  $146.98   $12.93   $271.72   $200.95 Maximum Assessment Rate per Benefit Unit  $227.38   $19.24   $3,693.01   $200.95 1 Amount is 50% of Calculated Cost

11.8.a
LSMD Assessment for Fiscal Year 2023-24
Packet Pg. 236

3. Cost Estimate

City of Chino Landscape and Street Lighting Districts 75-1, 75-2, 76-1, 76-2, and 83-2 Preliminary Engineer’s Report for Fiscal Year 2023-2024 27

Budget Item  LLMD 83‐2
Zone 078  Zone 079  Zone 080  Zone 082
LANDSCAPE MAINTENANCE
Interior Landscape Maintenance  $0.00   $0.00   $0.00   $0.00 Perimeter Landscape Maintenance1  $0.00   $0.00   $19,668.06   $6,328.92 Subtotal Landscape Maintenance  $0.00   $0.00   $19,668.06   $6,328.92 STREET LIGHT MAINTENANCE
Interior Street Light Maintenance  $101.03   $0.00   $734.41   $808.45 Perimeter Street Light Maintenance1  $0.00   $55.66   $2,051.91   $218.88 Subtotal Street Light Maintenance  $101.03   $55.66   $2,786.32   $1,027.32 EQUESTRIAN TRAIL MAINTENANCE
Interior Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00 Perimeter Equestrian Trail Maintenance1  $0.00   $0.00   $0.00   $4,611.11 Subtotal Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $4,611.11 PLANNED CAPITAL IMPROVEMENT EXPENDITURES
Landscape Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Lighting Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Subtotal Capital Improvement Expenditures  $0.00   $0.00   $0.00   $0.00 GENERAL BENEFIT EXPENSES
Landscape General Benefit ‐ City Contribution1  $0.00   $0.00   $19,668.06   $6,328.92 Lighting General Benefit ‐ City Contribution1  $0.00   $55.66   $2,051.91   $218.88 Equestrian General Benefit ‐ City Contribution1  $0.00   $0.00   $0.00   $4,611.11 Subtotal General Benefit Expenses ‐ Contributions  $0.00   $55.66   $21,719.98   $11,158.91 OPERATIONAL RESERVES FUNDING
Operation Reserves Collection  $9.58   $27.83   $0.00   $0.00 Operational Reserve Contribution  $0.00   $0.00   $0.00   $0.00 CAPITAL IMPROVEMENT FUNDING

Capital Improvement Reserves Collection  $0.00   $109.14   $0.00   $0.00 Subtotal Capital Improvement and Reserve Funding  $9.58   $136.97   $0.00   $0.00

ADMINISTRATION
Total Annual District Administration  $15.13   $8.33   $3,362.29   $1,791.98 Subtotal Administrative Cost  $15.13   $8.33   $3,362.29   $1,791.98 Total Cost Amount  $125.74   $200.96   $25,816.68   $13,759.34 Total Amount for Levy Submission  $125.74   $200.96   $14,290.20   $3,715.49 Total City Subsidy  $0.00   $0.00   ($11,526.48)  ($10,043.85)

DISTRICT
Total Parcels  2   16   34   38
Total Benefit Units  2   16   34   38
Calculated Annual Assessment Rate per Benefit Unit  $62.87   $12.56   $420.30   $97.78 Maximum Assessment Rate per Benefit Unit  $62.87   $12.56   $420.30   $105.31 1 Amount is 50% of Calculated Cost

11.8.a
LSMD Assessment for Fiscal Year 2023-24
Packet Pg. 237

3. Cost Estimate

City of Chino Landscape and Street Lighting Districts 75-1, 75-2, 76-1, 76-2, and 83-2 Preliminary Engineer’s Report for Fiscal Year 2023-2024 28

Budget Item  LLMD 83‐2
Zone 086  Zone 087  Zone 088  Zone 089
LANDSCAPE MAINTENANCE
Interior Landscape Maintenance  $0.00   $0.00   $0.00   $0.00 Perimeter Landscape Maintenance1  $0.00   $0.00   $0.00   $0.00 Subtotal Landscape Maintenance  $0.00   $0.00   $0.00   $0.00 STREET LIGHT MAINTENANCE
Interior Street Light Maintenance  $0.00   $0.00   $0.00   $0.00 Perimeter Street Light Maintenance1  $154.43   $528.73   $73.77   $166.97 Subtotal Street Light Maintenance  $154.43   $528.73   $73.77   $166.97 EQUESTRIAN TRAIL MAINTENANCE
Interior Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00 Perimeter Equestrian Trail Maintenance1  $0.00   $0.00   $0.00   $0.00 Subtotal Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00 PLANNED CAPITAL IMPROVEMENT EXPENDITURES
Landscape Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Lighting Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Subtotal Capital Improvement Expenditures  $0.00   $0.00   $0.00   $0.00 GENERAL BENEFIT EXPENSES
Landscape General Benefit ‐ City Contribution1  $0.00   $0.00   $0.00   $0.00 Lighting General Benefit ‐ City Contribution1  $154.43   $528.73   $73.77   $166.97 Equestrian General Benefit ‐ City Contribution1  $0.00   $0.00   $0.00   $0.00 Subtotal General Benefit Expenses ‐ Contributions  $154.43   $528.73   $73.77   $166.97 OPERATIONAL RESERVES FUNDING
Operation Reserves Collection  $69.71   $20.62   $36.89   $66.20 Operational Reserve Contribution  $0.00   $0.00   $0.00   $0.00 CAPITAL IMPROVEMENT FUNDING

Capital Improvement Reserves Collection  $0.00   $0.00   $24.62   $0.00 Subtotal Capital Improvement and Reserve Funding  $69.71   $20.62   $61.50   $66.20

ADMINISTRATION
Total Annual District Administration  $23.12   $79.17   $11.05   $25.00 Subtotal Administrative Cost  $23.12   $79.17   $11.05   $25.00 Total Cost Amount  $247.26   $628.52   $146.32   $258.17 Total Amount for Levy Submission  $247.26   $628.52   $146.32   $258.17 Total City Subsidy  $0.00   $0.00   $0.00   $0.00

DISTRICT
Total Parcels  2   2   8   1
Total Benefit Units  2   2   8   1
Calculated Annual Assessment Rate per Benefit Unit  $123.63   $314.26   $18.29   $258.17 Maximum Assessment Rate per Benefit Unit  $123.63   $314.26   $18.29   $258.17 1 Amount is 50% of Calculated Cost

11.8.a
LSMD Assessment for Fiscal Year 2023-24
Packet Pg. 238

3. Cost Estimate

City of Chino Landscape and Street Lighting Districts 75-1, 75-2, 76-1, 76-2, and 83-2 Preliminary Engineer’s Report for Fiscal Year 2023-2024 29

Budget Item  LLMD 83‐2
Zone 090  Zone 091  Zone 093  Zone 094
LANDSCAPE MAINTENANCE
Interior Landscape Maintenance  $0.00   $0.00   $0.00   $0.00 Perimeter Landscape Maintenance1  $0.00   $0.00   $0.00   $0.00 Subtotal Landscape Maintenance  $0.00   $0.00   $0.00   $0.00 STREET LIGHT MAINTENANCE
Interior Street Light Maintenance  $808.10   $0.00   $0.00   $0.00 Perimeter Street Light Maintenance1  $0.00   $123.11   $36.89   $43.11 Subtotal Street Light Maintenance  $808.10   $123.11   $36.89   $43.11 EQUESTRIAN TRAIL MAINTENANCE
Interior Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00 Perimeter Equestrian Trail Maintenance1  $0.00   $0.00   $0.00   $0.00 Subtotal Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00 PLANNED CAPITAL IMPROVEMENT EXPENDITURES
Landscape Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Lighting Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Subtotal Capital Improvement Expenditures  $0.00   $0.00   $0.00   $0.00 GENERAL BENEFIT EXPENSES
Landscape General Benefit ‐ City Contribution1  $0.00   $0.00   $0.00   $0.00 Lighting General Benefit ‐ City Contribution1  $0.00   $123.11   $36.89   $43.11 Equestrian General Benefit ‐ City Contribution1  $0.00   $0.00   $0.00   $0.00 Subtotal General Benefit Expenses ‐ Contributions  $0.00   $123.11   $36.89   $43.11 OPERATIONAL RESERVES FUNDING
Operation Reserves Collection  $0.00   $61.56   $18.44   $19.51 Operational Reserve Contribution  $0.00   $0.00   $0.00   $0.00 CAPITAL IMPROVEMENT FUNDING

Capital Improvement Reserves Collection  $0.00   $3.75   $248.40   $0.00 Subtotal Capital Improvement and Reserve Funding  $0.00   $65.30   $266.84   $19.51

ADMINISTRATION
Total Annual District Administration  $121.00   $18.43   $5.52   $6.46 Subtotal Administrative Cost  $121.00   $18.43   $5.52   $6.46 Total Cost Amount  $929.10   $206.85   $309.25   $69.08 Total Amount for Levy Submission  $497.04   $206.85   $309.25   $69.08 Total City Subsidy  ($432.06)  $0.00   $0.00   $0.00

DISTRICT
Total Parcels  3   1   5   2
Total Benefit Units  3   1   5   2
Calculated Annual Assessment Rate per Benefit Unit  $165.68   $206.85   $61.85   $34.54 Maximum Assessment Rate per Benefit Unit  $165.68   $206.85   $61.85   $34.54 1 Amount is 50% of Calculated Cost

11.8.a
LSMD Assessment for Fiscal Year 2023-24
Packet Pg. 239

3. Cost Estimate

City of Chino Landscape and Street Lighting Districts 75-1, 75-2, 76-1, 76-2, and 83-2 Preliminary Engineer’s Report for Fiscal Year 2023-2024 30

Budget Item  LLMD 83‐2
Zone 095  Zone 096  Zone 097  Zone 098
LANDSCAPE MAINTENANCE
Interior Landscape Maintenance  $0.00   $0.00   $0.00   $3,176.61 Perimeter Landscape Maintenance1  $45.40   $0.00   $0.00   $5,837.52 Subtotal Landscape Maintenance  $45.40   $0.00   $0.00   $9,014.13 STREET LIGHT MAINTENANCE
Interior Street Light Maintenance  $0.00   $0.00   $142.67   $1,046.22 Perimeter Street Light Maintenance1  $102.25   $160.00   $0.00   $283.77 Subtotal Street Light Maintenance  $102.25   $160.00   $142.67   $1,329.99 EQUESTRIAN TRAIL MAINTENANCE
Interior Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00 Perimeter Equestrian Trail Maintenance1  $0.00   $0.00   $0.00   $0.00 Subtotal Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00 PLANNED CAPITAL IMPROVEMENT EXPENDITURES
Landscape Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Lighting Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Subtotal Capital Improvement Expenditures  $0.00   $0.00   $0.00   $0.00 GENERAL BENEFIT EXPENSES
Landscape General Benefit ‐ City Contribution1  $45.40   $0.00   $0.00   $5,837.52 Lighting General Benefit ‐ City Contribution1  $102.25   $160.00   $0.00   $283.77 Equestrian General Benefit ‐ City Contribution1  $0.00   $0.00   $0.00   $0.00 Subtotal General Benefit Expenses ‐ Contributions  $147.66   $160.00   $0.00   $6,121.28 OPERATIONAL RESERVES FUNDING
Operation Reserves Collection  $73.83   $80.00   $47.39   $0.00 Operational Reserve Contribution  $0.00   $0.00   $0.00   $0.00 CAPITAL IMPROVEMENT FUNDING

Capital Improvement Reserves Collection  $269.27   $62.23   $0.00   $0.00 Subtotal Capital Improvement and Reserve Funding  $343.10   $142.23   $47.39   $0.00

ADMINISTRATION
Total Annual District Administration  $22.11   $23.96   $21.36   $1,548.92 Subtotal Administrative Cost  $22.11   $23.96   $21.36   $1,548.92 Total Cost Amount  $512.86   $326.19   $211.42   $11,893.03 Total Amount for Levy Submission  $512.86   $326.19   $211.42   $6,330.41 Total City Subsidy  $0.00   $0.00   $0.00   ($5,562.62)

DISTRICT
Total Parcels  8   3   2   83
Total Benefit Units  8   3   2   83
Calculated Annual Assessment Rate per Benefit Unit  $64.11   $108.73   $105.71   $76.27 Maximum Assessment Rate per Benefit Unit  $227.79   $108.73   $105.71   $76.27 1 Amount is 50% of Calculated Cost

11.8.a
LSMD Assessment for Fiscal Year 2023-24
Packet Pg. 240

3. Cost Estimate

City of Chino Landscape and Street Lighting Districts 75-1, 75-2, 76-1, 76-2, and 83-2 Preliminary Engineer’s Report for Fiscal Year 2023-2024 31

Budget Item  LLMD 83‐2
Zone 099  Zone 100  Zone 101  Zone 102
LANDSCAPE MAINTENANCE
Interior Landscape Maintenance  $0.00   $0.00   $0.00   $1,244.38 Perimeter Landscape Maintenance1  $0.00   $0.00   $0.00   $10,686.75 Subtotal Landscape Maintenance  $0.00   $0.00   $0.00   $11,931.12 STREET LIGHT MAINTENANCE
Interior Street Light Maintenance  $0.00   $0.00   $0.00   $1,224.43 Perimeter Street Light Maintenance1  $147.54   $406.40   $73.77   $301.80 Subtotal Street Light Maintenance  $147.54   $406.40   $73.77   $1,526.22 EQUESTRIAN TRAIL MAINTENANCE
Interior Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00 Perimeter Equestrian Trail Maintenance1  $0.00   $0.00   $0.00   $0.00 Subtotal Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00 PLANNED CAPITAL IMPROVEMENT EXPENDITURES
Landscape Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Lighting Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Subtotal Capital Improvement Expenditures  $0.00   $0.00   $0.00   $0.00 GENERAL BENEFIT EXPENSES
Landscape General Benefit ‐ City Contribution1  $0.00   $0.00   $0.00   $10,686.75 Lighting General Benefit ‐ City Contribution1  $147.54   $406.40   $73.77   $301.80 Equestrian General Benefit ‐ City Contribution1  $0.00   $0.00   $0.00   $0.00 Subtotal General Benefit Expenses ‐ Contributions  $147.54   $406.40   $73.77   $10,988.54 OPERATIONAL RESERVES FUNDING
Operation Reserves Collection  $27.83   $203.20   $0.00   $0.00 Operational Reserve Contribution  $0.00   $0.00   $0.00   $0.00 CAPITAL IMPROVEMENT FUNDING

Capital Improvement Reserves Collection  $0.00   $109.37   $0.00   $0.00 Subtotal Capital Improvement and Reserve Funding  $27.83   $312.57   $0.00   $0.00

ADMINISTRATION
Total Annual District Administration  $22.09   $60.85   $11.05   $2,015.09 Subtotal Administrative Cost  $22.09   $60.85   $11.05   $2,015.09 Total Cost Amount  $197.47   $779.82   $84.82   $15,472.43 Total Amount for Levy Submission  $197.47   $779.82   $61.96   $10,328.28 Total City Subsidy  $0.00   $0.00   ($22.86)  ($5,144.15)

DISTRICT
Total Parcels  2   6   1   88
Total Benefit Units  2   6   1   88
Calculated Annual Assessment Rate per Benefit Unit  $98.73   $129.97   $61.96   $117.37 Maximum Assessment Rate per Benefit Unit  $103.91   $129.97   $61.96   $133.31 1 Amount is 50% of Calculated Cost

11.8.a
LSMD Assessment for Fiscal Year 2023-24
Packet Pg. 241

3. Cost Estimate

City of Chino Landscape and Street Lighting Districts 75-1, 75-2, 76-1, 76-2, and 83-2 Preliminary Engineer’s Report for Fiscal Year 2023-2024 32

Budget Item  LLMD 83‐2
Zone 103  Zone 104  Zone 105  Zone 106
LANDSCAPE MAINTENANCE
Interior Landscape Maintenance  $0.00   $0.00   $0.00   $0.00 Perimeter Landscape Maintenance1  $6,223.30   $0.00   $0.00   $0.00 Subtotal Landscape Maintenance  $6,223.30   $0.00   $0.00   $0.00 STREET LIGHT MAINTENANCE
Interior Street Light Maintenance  $142.67   $0.00   $95.11   $0.00 Perimeter Street Light Maintenance1  $203.11   $73.77   $36.89   $43.11 Subtotal Street Light Maintenance  $345.78   $73.77   $132.00   $43.11 EQUESTRIAN TRAIL MAINTENANCE
Interior Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00 Perimeter Equestrian Trail Maintenance1  $0.00   $0.00   $0.00   $0.00 Subtotal Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00 PLANNED CAPITAL IMPROVEMENT EXPENDITURES
Landscape Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Lighting Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Subtotal Capital Improvement Expenditures  $0.00   $0.00   $0.00   $0.00 GENERAL BENEFIT EXPENSES
Landscape General Benefit ‐ City Contribution1  $6,223.30   $0.00   $0.00   $0.00 Lighting General Benefit ‐ City Contribution1  $203.11   $73.77   $36.89   $43.11 Equestrian General Benefit ‐ City Contribution1  $0.00   $0.00   $0.00   $0.00 Subtotal General Benefit Expenses ‐ Contributions  $6,426.42   $73.77   $36.89   $43.11 OPERATIONAL RESERVES FUNDING
Operation Reserves Collection  $0.00   $36.89   $2.94   $21.56 Operational Reserve Contribution  $0.00   $0.00   $0.00   $0.00 CAPITAL IMPROVEMENT FUNDING

Capital Improvement Reserves Collection  $0.00   $26.41   $0.00   $11.04 Subtotal Capital Improvement and Reserve Funding  $0.00   $63.29   $2.94   $32.60

ADMINISTRATION
Total Annual District Administration  $983.65   $11.05   $19.77   $6.46 Subtotal Administrative Cost  $983.65   $11.05   $19.77   $6.46 Total Cost Amount  $7,552.73   $148.11   $154.70   $82.17 Total Amount for Levy Submission  $4,656.40   $148.11   $154.70   $82.17 Total City Subsidy  ($2,896.33)  $0.00   $0.00   $0.00

DISTRICT
Total Parcels  14   1   5   1
Total Benefit Units  14   1   5   1
Calculated Annual Assessment Rate per Benefit Unit  $332.60   $148.11   $30.94   $82.17 Maximum Assessment Rate per Benefit Unit  $332.60   $154.72   $30.94   $82.17 1 Amount is 50% of Calculated Cost

11.8.a
LSMD Assessment for Fiscal Year 2023-24
Packet Pg. 242

3. Cost Estimate

City of Chino Landscape and Street Lighting Districts 75-1, 75-2, 76-1, 76-2, and 83-2 Preliminary Engineer’s Report for Fiscal Year 2023-2024 33

Budget Item  LLMD 83‐2
Zone 107  Zone 108  Zone 109  Zone 110
LANDSCAPE MAINTENANCE
Interior Landscape Maintenance  $0.00   $8,626.05   $0.00   $0.00 Perimeter Landscape Maintenance1  $0.00   $2,060.88   $0.00   $0.00 Subtotal Landscape Maintenance  $0.00   $10,686.93   $0.00   $0.00 STREET LIGHT MAINTENANCE
Interior Street Light Maintenance  $47.56   $1,918.08   $0.00   $0.00 Perimeter Street Light Maintenance1  $0.00   $0.00   $1,032.81   $23.78 Subtotal Street Light Maintenance  $47.56   $1,918.08   $1,032.81   $23.78 EQUESTRIAN TRAIL MAINTENANCE
Interior Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00 Perimeter Equestrian Trail Maintenance1  $0.00   $0.00   $0.00   $0.00 Subtotal Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00 PLANNED CAPITAL IMPROVEMENT EXPENDITURES
Landscape Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Lighting Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Subtotal Capital Improvement Expenditures  $0.00   $0.00   $0.00   $0.00 GENERAL BENEFIT EXPENSES
Landscape General Benefit ‐ City Contribution1  $0.00   $2,060.88   $0.00   $0.00 Lighting General Benefit ‐ City Contribution1  $0.00   $0.00   $1,032.81   $23.78 Equestrian General Benefit ‐ City Contribution1  $0.00   $0.00   $0.00   $0.00 Subtotal General Benefit Expenses ‐ Contributions  $0.00   $2,060.88   $1,032.81   $23.78 OPERATIONAL RESERVES FUNDING
Operation Reserves Collection  $23.78   $0.00   $244.26   $11.89 Operational Reserve Contribution  $0.00   $0.00   $0.00   $0.00 CAPITAL IMPROVEMENT FUNDING

Capital Improvement Reserves Collection  $18.84   $0.00   $0.00   $11.72 Subtotal Capital Improvement and Reserve Funding  $42.61   $0.00   $244.26   $23.61

ADMINISTRATION
Total Annual District Administration  $7.12   $1,887.46   $154.65   $3.56 Subtotal Administrative Cost  $7.12   $1,887.46   $154.65   $3.56 Total Cost Amount  $97.29   $14,492.47   $1,431.72   $50.95 Total Amount for Levy Submission  $97.29   $7,290.36   $1,431.72   $50.95 Total City Subsidy  $0.00   ($7,202.11)  $0.00   $0.00

DISTRICT
Total Parcels  1   3   6   4
Total Benefit Units  1   3   6   4
Calculated Annual Assessment Rate per Benefit Unit  $97.29   $2,430.12   $238.62   $12.74 Maximum Assessment Rate per Benefit Unit  $122.37   $2,430.12   $238.62   $16.56 1 Amount is 50% of Calculated Cost

11.8.a
LSMD Assessment for Fiscal Year 2023-24
Packet Pg. 243

3. Cost Estimate

City of Chino Landscape and Street Lighting Districts 75-1, 75-2, 76-1, 76-2, and 83-2 Preliminary Engineer’s Report for Fiscal Year 2023-2024 34

Budget Item  LLMD 83‐2
Zone 111  Zone 112  Zone 113  Zone 114
LANDSCAPE MAINTENANCE
Interior Landscape Maintenance  $0.00   $11,773.10   $5,671.30   $13,810.77 Perimeter Landscape Maintenance1  $0.00   $11,878.89   $15,580.48   $18,274.75 Subtotal Landscape Maintenance  $0.00   $23,652.00   $21,251.78   $32,085.52 STREET LIGHT MAINTENANCE
Interior Street Light Maintenance  $142.67   $951.11   $1,046.22   $1,712.00 Perimeter Street Light Maintenance1  $73.77   $147.54   $295.09   $529.34 Subtotal Street Light Maintenance  $216.44   $1,098.66   $1,341.31   $2,241.34 EQUESTRIAN TRAIL MAINTENANCE
Interior Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $2,616.91 Perimeter Equestrian Trail Maintenance1  $0.00   $0.00   $0.00   $707.29 Subtotal Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $3,324.20 PLANNED CAPITAL IMPROVEMENT EXPENDITURES
Landscape Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Lighting Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Subtotal Capital Improvement Expenditures  $0.00   $0.00   $0.00   $0.00 GENERAL BENEFIT EXPENSES
Landscape General Benefit ‐ City Contribution1  $0.00   $11,878.89   $15,580.48   $18,274.75 Lighting General Benefit ‐ City Contribution1  $73.77   $147.54   $295.09   $529.34 Equestrian General Benefit ‐ City Contribution1  $0.00   $0.00   $0.00   $707.29 Subtotal General Benefit Expenses ‐ Contributions  $73.77   $12,026.44   $15,875.57   $19,511.38 OPERATIONAL RESERVES FUNDING
Operation Reserves Collection  $108.22   $0.00   $0.00   $0.00 Operational Reserve Contribution  $0.00   $0.00   $0.00   $0.00 CAPITAL IMPROVEMENT FUNDING

Capital Improvement Reserves Collection  $72.77   $0.00   $0.00   $0.00 Subtotal Capital Improvement and Reserve Funding  $180.99   $0.00   $0.00   $0.00

ADMINISTRATION
Total Annual District Administration  $32.41   $3,706.13   $3,383.06   $5,637.82 Subtotal Administrative Cost  $32.41   $3,706.13   $3,383.06   $5,637.82 Total Cost Amount  $429.84   $28,456.79   $25,976.16   $43,288.88 Total Amount for Levy Submission  $429.84   $12,189.02   $13,983.64   $19,463.04 Total City Subsidy  $0.00   ($16,267.77)  ($11,992.52)  ($23,825.84)

DISTRICT
Total Parcels  3   61   61   64
Total Benefit Units  3   61   61   64
Calculated Annual Assessment Rate per Benefit Unit  $143.28   $199.82   $229.24   $304.11 Maximum Assessment Rate per Benefit Unit  $143.28   $199.82   $229.24   $304.11 1 Amount is 50% of Calculated Cost

11.8.a
LSMD Assessment for Fiscal Year 2023-24
Packet Pg. 244

3. Cost Estimate

City of Chino Landscape and Street Lighting Districts 75-1, 75-2, 76-1, 76-2, and 83-2 Preliminary Engineer’s Report for Fiscal Year 2023-2024 35

Budget Item  LLMD 83‐2
Zone 115  Zone 117  Zone 118  Zone 119A
LANDSCAPE MAINTENANCE
Interior Landscape Maintenance  $2,920.00   $0.00   $0.00   $0.00 Perimeter Landscape Maintenance1  $2,930.28   $0.00   $0.00   $0.00 Subtotal Landscape Maintenance  $5,850.28   $0.00   $0.00   $0.00 STREET LIGHT MAINTENANCE
Interior Street Light Maintenance  $428.00   $0.00   $0.00   $0.00 Perimeter Street Light Maintenance1  $184.43   $172.45   $36.89   $36.89 Subtotal Street Light Maintenance  $612.43   $172.45   $36.89   $36.89 EQUESTRIAN TRAIL MAINTENANCE
Interior Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00 Perimeter Equestrian Trail Maintenance1  $0.00   $0.00   $0.00   $0.00 Subtotal Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00 PLANNED CAPITAL IMPROVEMENT EXPENDITURES
Landscape Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Lighting Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Subtotal Capital Improvement Expenditures  $0.00   $0.00   $0.00   $0.00 GENERAL BENEFIT EXPENSES
Landscape General Benefit ‐ City Contribution1  $2,930.28   $0.00   $0.00   $0.00 Lighting General Benefit ‐ City Contribution1  $184.43   $172.45   $36.89   $36.89 Equestrian General Benefit ‐ City Contribution1  $0.00   $0.00   $0.00   $0.00 Subtotal General Benefit Expenses ‐ Contributions  $3,114.72   $172.45   $36.89   $36.89 OPERATIONAL RESERVES FUNDING
Operation Reserves Collection  $0.00   $86.23   $18.44   $18.44 Operational Reserve Contribution  $0.00   $0.00   $0.00   $0.00 CAPITAL IMPROVEMENT FUNDING

Capital Improvement Reserves Collection  $0.00   $1,590.10   $91.77   $12.66 Subtotal Capital Improvement and Reserve Funding  $0.00   $1,676.32   $110.21   $31.10

ADMINISTRATION
Total Annual District Administration  $967.72   $25.82   $5.52   $5.52 Subtotal Administrative Cost  $967.72   $25.82   $5.52   $5.52 Total Cost Amount  $7,430.43   $1,874.60   $152.62   $73.51 Total Amount for Levy Submission  $4,316.80   $1,874.60   $152.62   $73.51 Total City Subsidy  ($3,113.63)  $0.00   $0.00   $0.00

DISTRICT
Total Parcels  38   24   1   10
Total Benefit Units  38   24   1   10
Calculated Annual Assessment Rate per Benefit Unit  $113.60   $78.11   $152.62   $7.35 Maximum Assessment Rate per Benefit Unit  $113.60   $82.89   $154.72   $9.98 1 Amount is 50% of Calculated Cost

11.8.a
LSMD Assessment for Fiscal Year 2023-24
Packet Pg. 245

3. Cost Estimate

City of Chino Landscape and Street Lighting Districts 75-1, 75-2, 76-1, 76-2, and 83-2 Preliminary Engineer’s Report for Fiscal Year 2023-2024 36

Budget Item  LLMD 83‐2
Zone 120  Zone 121  Zone 122  Zone 123  Zone 124
LANDSCAPE MAINTENANCE
Interior Landscape Maintenance  $0.00   $0.00   $0.00   $0.00   $0.00 Perimeter Landscape Maintenance1  $0.00   $0.00   $0.00   $0.00   $0.00 Subtotal Landscape Maintenance  $0.00   $0.00   $0.00   $0.00   $0.00 STREET LIGHT MAINTENANCE
Interior Street Light Maintenance  $0.00   $0.00   $556.56   $0.00   $0.00 Perimeter Street Light Maintenance1  $129.34   $55.66   $110.66   $27.83   $27.83 Subtotal Street Light Maintenance  $129.34   $55.66   $667.22   $27.83   $27.83 EQUESTRIAN TRAIL MAINTENANCE
Interior Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00   $0.00 Perimeter Equestrian Trail Maintenance1  $0.00   $0.00   $0.00   $0.00   $0.00 Subtotal Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00   $0.00 PLANNED CAPITAL IMPROVEMENT EXPENDITURES
Landscape Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00   $0.00 Lighting Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00   $0.00 Subtotal Capital Improvement Expenditures  $0.00   $0.00   $0.00   $0.00   $0.00 GENERAL BENEFIT EXPENSES
Landscape General Benefit ‐ City Contribution1  $0.00   $0.00   $0.00   $0.00   $0.00 Lighting General Benefit ‐ City Contribution1  $129.34   $55.66   $110.66   $27.83   $27.83 Equestrian General Benefit ‐ City Contribution1  $0.00   $0.00   $0.00   $0.00   $0.00 Subtotal General Benefit Expenses ‐ Contributions  $129.34   $55.66   $110.66   $27.83   $27.83 OPERATIONAL RESERVES FUNDING
Operation Reserves Collection  $64.67   $27.83   $333.61   $13.91   $13.91 Operational Reserve Contribution  $0.00   $0.00   $0.00   $0.00   $0.00 CAPITAL IMPROVEMENT FUNDING

Capital Improvement Reserves Collection  $19.24   $133.48   $246.25   $12.28   $23.37 Subtotal Capital Improvement and Reserve Funding  $83.91   $161.31   $579.86   $26.19   $37.28

ADMINISTRATION
Total Annual District Administration  $19.37   $8.33   $99.91   $4.17   $4.17 Subtotal Administrative Cost  $19.37   $8.33   $99.91   $4.17   $4.17 Total Cost Amount  $232.62   $225.30   $1,346.99   $58.19   $69.28 Total Amount for Levy Submission  $232.62   $225.30   $1,346.99   $58.19   $69.28 Total City Subsidy  $0.00   $0.00   $0.00   $0.00   $0.00

DISTRICT
Total Parcels  2   1   5   1   2
Total Benefit Units  2   1   5   1   2
Calculated Annual Assessment Rate per Benefit Unit  $116.31   $225.30   $269.40   $58.19   $34.64 Maximum Assessment Rate per Benefit Unit  $251.47   $255.23   $289.32   $72.21   $66.61 1 Amount is 50% of Calculated Cost

11.8.a
LSMD Assessment for Fiscal Year 2023-24
Packet Pg. 246

3. Cost Estimate

City of Chino Landscape and Street Lighting Districts 75-1, 75-2, 76-1, 76-2, and 83-2 Preliminary Engineer’s Report for Fiscal Year 2023-2024 37

Budget Item  LLMD 83‐2
Zone 125  Zone 126  Zone 127  Zone 128  Zone 129
LANDSCAPE MAINTENANCE
Interior Landscape Maintenance  $0.00   $0.00   $0.00   $0.00   $0.00 Perimeter Landscape Maintenance1  $0.00   $0.00   $0.00   $6,559.08   $0.00 Subtotal Landscape Maintenance  $0.00   $0.00   $0.00   $6,559.08   $0.00 STREET LIGHT MAINTENANCE
Interior Street Light Maintenance  $0.00   $0.00   $47.56   $0.00   $0.00 Perimeter Street Light Maintenance1  $36.89   $110.66   $129.34   $221.97   $204.51 Subtotal Street Light Maintenance  $36.89   $110.66   $176.90   $221.97   $204.51 EQUESTRIAN TRAIL MAINTENANCE
Interior Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00   $0.00 Perimeter Equestrian Trail Maintenance1  $0.00   $0.00   $0.00   $0.00   $0.00 Subtotal Equestrian Trail Maintenance  $0.00   $0.00   $0.00   $0.00   $0.00 PLANNED CAPITAL IMPROVEMENT EXPENDITURES
Landscape Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00   $0.00 Lighting Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00   $0.00 Subtotal Capital Improvement Expenditures  $0.00   $0.00   $0.00   $0.00   $0.00 GENERAL BENEFIT EXPENSES
Landscape General Benefit ‐ City Contribution1  $0.00   $0.00   $0.00   $6,559.08   $0.00 Lighting General Benefit ‐ City Contribution1  $36.89   $110.66   $129.34   $221.97   $204.51 Equestrian General Benefit ‐ City Contribution1  $0.00   $0.00   $0.00   $0.00   $0.00 Subtotal General Benefit Expenses ‐ Contributions  $36.89   $110.66   $129.34   $6,781.05   $204.51 OPERATIONAL RESERVES FUNDING
Operation Reserves Collection  $18.44   $55.33   $88.45   $0.00   $102.25 Operational Reserve Contribution  $0.00   $0.00   $0.00   $0.00   $0.00 CAPITAL IMPROVEMENT FUNDING

Capital Improvement Reserves Collection  $66.15   $37.98   $51.84   $0.00   $49.47 Subtotal Capital Improvement and Reserve Funding  $84.59   $93.31   $140.29   $0.00   $151.72

ADMINISTRATION
Total Annual District Administration  $5.52   $16.57   $26.49   $1,015.39   $30.62 Subtotal Administrative Cost  $5.52   $16.57   $26.49   $1,015.39   $30.62 Total Cost Amount  $127.00   $220.54   $343.68   $7,796.43   $386.85 Total Amount for Levy Submission  $127.00   $220.54   $343.68   $5,143.53   $386.85 Total City Subsidy  $0.00   $0.00   $0.00   ($2,652.90)  $0.00

DISTRICT
Total Parcels  3   3   12   147   15
Total Benefit Units  3   3   12   147   15
Calculated Annual Assessment Rate per Benefit Unit  $42.33   $73.51   $28.64   $34.99   $25.79 Maximum Assessment Rate per Benefit Unit  $154.72   $75.49   $29.10   $34.99   $25.79 1 Amount is 50% of Calculated Cost

11.8.a
LSMD Assessment for Fiscal Year 2023-24
Packet Pg. 247

3. Cost Estimate

City of Chino Landscape and Street Lighting Districts 75-1, 75-2, 76-1, 76-2, and 83-2 Preliminary Engineer’s Report for Fiscal Year 2023-2024 38

Budget Item  LLMD 83‐2
Zone 130  Zone 131  Zone 132  Zone 133
LANDSCAPE MAINTENANCE
Interior Landscape Maintenance  $24,256.42   $0.00   $0.00   $0.00 Perimeter Landscape Maintenance1  $29,540.09   $0.00   $0.00   $0.00 Subtotal Landscape Maintenance  $53,796.52   $0.00   $0.00   $0.00 STREET LIGHT MAINTENANCE
Interior Street Light Maintenance  $1,885.76   $237.78   $166.97   $47.56 Perimeter Street Light Maintenance1  $356.89   $73.77   $331.98   $0.00 Subtotal Street Light Maintenance  $2,242.65   $311.55   $498.94   $47.56 EQUESTRIAN TRAIL MAINTENANCE
Interior Equestrian Trail Maintenance  $4,562.09   $0.00   $0.00   $0.00 Perimeter Equestrian Trail Maintenance1  $0.00   $0.00   $0.00   $0.00 Subtotal Equestrian Trail Maintenance  $4,562.09   $0.00   $0.00   $0.00 PLANNED CAPITAL IMPROVEMENT EXPENDITURES
Landscape Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Lighting Improvements CIP Expenditures  $0.00   $0.00   $0.00   $0.00 Subtotal Capital Improvement Expenditures  $0.00   $0.00   $0.00   $0.00 GENERAL BENEFIT EXPENSES
Landscape General Benefit ‐ City Contribution1  $29,540.09   $0.00   $0.00   $0.00 Lighting General Benefit ‐ City Contribution1  $356.89   $73.77   $331.98   $0.00 Equestrian General Benefit ‐ City Contribution1  $0.00   $0.00   $0.00   $0.00 Subtotal General Benefit Expenses ‐ Contributions  $29,896.98   $73.77   $331.98   $0.00 OPERATIONAL RESERVES FUNDING
Operation Reserves Collection  $0.00   $155.78   $249.47   $23.78 Operational Reserve Contribution  $0.00   $0.00   $0.00   $0.00 CAPITAL IMPROVEMENT FUNDING

Capital Improvement Reserves Collection  $0.00   $124.02   $183.82   $18.84 Subtotal Capital Improvement and Reserve Funding  $0.00   $279.80   $433.29   $42.61

ADMINISTRATION
Total Annual District Administration  $9,074.36   $46.65   $74.71   $7.12 Subtotal Administrative Cost  $9,074.36   $46.65   $74.71   $7.12 Total Cost Amount  $69,675.62   $638.00   $1,006.95   $97.29 Total Amount for Levy Submission  $26,893.10   $638.00   $1,006.95   $97.29 Total City Subsidy  ($42,782.52)  $0.00   $0.00   $0.00

DISTRICT
Total Parcels  65   19   3   3
Total Benefit Units  65   19   3   3
Calculated Annual Assessment Rate per Benefit Unit  $413.74   $33.58   $335.65   $32.43 Maximum Assessment Rate per Benefit Unit  $413.74   $39.46   $341.02   $40.42 1 Amount is 50% of Calculated Cost

11.8.a
LSMD Assessment for Fiscal Year 2023-24
Packet Pg. 248

4. Assessment Roll

City of Chino Landscape and Street Lighting Districts 75-1, 75-2, 76-1, 76-2, and 83-2 Preliminary Engineer’s Report for Fiscal Year 2023-2024 39

The  boundaries  of  Landscape  and  Street  Light  Maintenance  Districts  No.  75‐1,  75‐2,  76‐1,  76‐2,  and  83‐2 coincide with the boundaries of the parcels included within the Districts as of the time of the adoption of the Resolution of Intention and the Initiation of these proceedings.

Reference is made to the County Assessor's Roll and Maps for a detailed description of the lines and dimensions of any lot or parcel. The lines and dimensions of each lot shall conform to those shown on the County Assessor's Maps for the Fiscal Year to which the "Report" applies.

Please refer to Appendix A for the Fiscal Year 2023‐2024 Assessment Roll.

11.8.a
LSMD Assessment for Fiscal Year 2023-24
Packet Pg. 249

APPENDIX A
Fiscal Year 2023‐2024 Assessment Roll

11.8.a
LSMD Assessment for Fiscal Year 2023-24
Packet Pg. 250
APN Levy Amount APN Levy Amount
CC08SP01 - LMD 75-1
CITY OF CHINO LMD 75
Fiscal Year 2023-24 Assessment Roll
1020142010000 $51.27
1020142020000 $51.27
1020142030000 $51.27
1020142040000 $51.27
1020142050000 $51.27
1020142060000 $51.27
1020142070000 $51.27
1020142080000 $51.27
1020142090000 $51.27
1020142100000 $51.27
1020142110000 $51.27
1020142120000 $51.27
1020142130000 $51.27
1020145790000 $51.27
1020145800000 $51.27
1020145810000 $51.27
1020145820000 $51.27
1020145830000 $51.27
1020145840000 $51.27
1020145850000 $51.27
1020145860000 $51.27
1020145870000 $51.27
1020145880000 $51.27
1020145890000 $51.27
1020145900000 $51.27
1020151560000 $51.27
1020151570000 $51.27
1020151580000 $51.27
1020154010000 $51.27
1020154020000 $51.27
1020154030000 $51.27
1020154040000 $51.27
32 $1,640.64