Agenda packet — Chino City Council, September 5, 2023 (part 1 of 3)

Those persons wishing to speak on any item included on the agenda, or on any matter within the subject matter jurisdiction of the City Council, are invited fill out and submit to the City Clerk a “Request to Speak” form (name and address optional) which is available at the entrance to the City Council Chambers. Additionally, members of the public may submit electronic inquiries or comments by submitting emails to [email protected]
If you require a reasonable accommodation to participate in this meeting per your rights under the Americans with Disabilities Act or for any other reason, please contact the City Clerk’s Office (909) 334-3306, at least 48 hours prior to the advertised starting time of the meeting.

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

CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY SEPTEMBER 5, 2023 AT 6:00 PM

REGULAR MEETING
AGENDA
CLOSED SESSION – 4:30 PM
OPEN SESSION – 6:00 PM
_________________________________________________________________________________

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 City Council about the closed session items. Ordinance No. 97-08 (Chino Municipal Code Section 2.04.090) limits speakers to no more than five (5) minutes in which to address the Council, except as provided under Government Code 54954.3(b)(2).

CLOSED SESSION

1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to Government Code Section 54956.8
Property: 5412 Francis Avenue (APN 1014-281-03 and -08) Agency Negotiator: Linda Reich, City Manager
Negotiating Party: Grand West Coast Investment, LLC
Under Negotiation: Price and terms of potential acquisition

2. WORKER’S COMPENSATION CLAIMS
Pursuant to Government Code 54956.95 to consider the following worker’s compensation claim:

Claimant: Theodore R. Sutton Claim No. 211022165
Agency claimed against: City of Chino
1 CHINO CITY COUNCIL
SEPTEMBER 5, 2023 2

3. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Elise Brown v. County of San Bernardino et al. (Central District Court Case No. 5:20 cv 01116

MCS SP)

FLAG SALUTE

CEREMONIALS
Proclamations
National Preparedness Month. Proclaim September 2023 as National Preparedness Month.

Suicide Prevention Awareness Month. Proclaim September 2023 as Suicide Prevention Awareness Month.

National Childhood Obesity Awareness Month. Proclaim September 2023 as National Childhood Obesity Awareness Month.

Presentations
Business of the Month - September 2023. Award of Business of the Month for September 2023 to Living Waters Pool Service.

Mayor's Home Beautification Award. Award of Mayor’s Home Beautification Award for September 2023.

The Let it Be Foundation. Presentation from The Let it Be Foundation Youth Leadership Team.

REPORT OUT OF CLOSED SESSION

AGENDA ADDITIONS/REVISIONS

INFORMATION
Presentation - 2023 Tropical Cyclone Hilary

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

PUBLIC COMMENTS
This is the time and place for the general public to address the City Council about subjects that do not appear elsewhere on the agenda. Due to Council policy and Brown Act requirements, action will not be taken on any issues not on the Agenda. Ordinance No. 97 -08 (Chino Municipal Code Section 2.04.090) limits speakers to no more than five (5) minutes in which to address Council, except as provided under Government Code 54954.3(b)(2). 2 CHINO CITY COUNCIL
SEPTEMBER 5, 2023 3

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

1. Warrants. Approve expenses as audited and within budget for warrants 766280 to 766907, and Electronic Fund Transfers 517618E to 517820E, totaling $17,350,050.56.

2. Minutes. Regular Meeting Minutes for July 18, 2023 (All Members Present ); July 5, 2023 (All Members Present).

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

4. Annexation of Territory into Community Facilities District 2003 -03 Improvement Area 5.

Adoption of Resolution 2023 -053 for Annexation No. 8 of Territory into Existing Community Facilities District No. 2003-03 Improvement Area 5.

5. Adoption of Ordinance No. 2023 -017. Adoption of Ordinance No. 2023 -017 amending multiple sections of Title 15 of the Chino Municipal Code (Second Reading).

ORDINANCE 2023 -017 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING MULTIPLE SECTIONS OF TITLE 15 OF THE CHINO MUNICIPAL CODE TO INCORPORATE UPDATES TO THE CITY’S CLIMATE ACTION

PLAN AND UPDATE THE ROOFTOP SOLAR PERMITTING PROCESS TO INCLUDE SOLARAPP+

6. Final Acceptance of Public Improvements - Kimball Business Park Phase II / Parcel Map No. 19689 (Orbis Real Estate Partners). Accept the public improvements for Orbis Real Estate Partners pertaining to Kimball Business Park Phase II / Parcel Map No. 19689 as complete and authorize release of the performance bond and initiate the warranty bond.

7. Covenant Agreement to Annex for Sanitary Sewer Service -11589 Yorba Avenue. Adopt Resolution 2023 -054 conditionally approving a Covenant Agreement to Annex for Sanitary Sewer Service and request approval from the San Bernardino Local Agency Formation Commission for sanitary sewer service for the property located at 11589 Yorba Avenue within the City of Chino’s Sphere of Influence.

8. Memorandum of Understanding - Pine Avenue / Euclid Avenues Intersection Improvements.

Approve a Memorandum of Understanding between the City of Chino and Chino Preserve Development Corporation for the construction of the Pine Avenue / Euclid Avenue Intersection Improvements.

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

10. Renewal of Live Entertainment Permit - The Patio Grill & Cantina. Approval of a renewal Live Entertainment Permit for The Patio Grill & Cantina at 13511 Central Avenue for a period of 12 months, subject to quarterly review of satisfactory compliance with terms, conditions, and restrictions of permit.

11. Master Contracts - Chino Valley Unified School District. Approve Master Contracts with the Chino Valley Unified School District for the provision of Community Services programs for Fiscal Year 2023-24.
3 CHINO CITY COUNCIL
SEPTEMBER 5, 2023 4

12. Vendor Cap Increase - New Tangram, LLC. Approve a vendor cap increase with New Tangram, LLC in the amount of $100,000 for a total not -to-exceed amount of $150,000 for design services, purchase and installation of modular furniture systems, and reconfiguring existing workstations at City-owned facilities.

13. Notice of Completion - Water Environmental Building Lead and Asbestos Abatement Project (MS237). Accept the Water Environmental Building Lead and Asbestos Abatement project (MS237) completed by Resource Environmental, Inc., Cerritos, CA, Contract #2023 -251, as complete.

14. Notice of Completion - WA19C Eastside Water Treatment Facility Expansion Project Accept the Eastside Water Treatment Facility Expansion Project (WA19C), completed by Pacific Hydrotech Corporation, as complete.

15. Purchase Order - 2023 Chevrolet Tahoe Approve a Purchase Order to M.K. Smith Chevrolet for a 2023 Chevrolet Tahoe in the amount of $60,933.62.

16. Purchase Order - 2023 Asphalt Patch Truck. Approve a Purchase Order to PB Loader Corporation for a 2023 Asphalt Patch Truck in the amount of $286,547.69.

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

17. Amended Operating Covenant and Restrictive Covenants Affecting Interests In Real Property.

Approve the Third Amendment to Operating Covenant and Restrictive Covenants Affecting Interests In Real Property with Creative Bus Sales, Inc.

Staff Report By: Jackie Melendez, Assistant City Manager RECOMMENDATION: 1) Conduct a Public Hearing, 2) approve the Third Amendment to Operating Covenant and Restrictive Covenants Affecting Interests in Real Property between the City of Chino and Creative Bus Sales, Inc. and 3) authorize the City Manager to execute all necessary documents on behalf of the City.

NEW BUSINESS

18. Introduction of Ordinance No. 2023-018 regarding City of Chino Designated Holidays. Approve the introduction of Ordinance No. 2023 -018 Amending Chapter 2.52 of the Chino Municipal Code pertaining to Holidays.

Staff Report By: Debbie Pacheco, Deputy Director of Human Resources/Risk Management RECOMMENDATION: Approve the Introduction of Ordinance No. 2023 -018, pertaining to the designation of specific holidays upon which public offices and buildings of the City of Chino will be closed, to be read by title and number only and waive further reading of the Ordinance.

ORDINANCE 2023 -018 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING ORDINANCE NO. 2019 -014, SECTION 2.52.020, OF

THE CHINO MUNICIPAL CODE DESIGNATING SPECIFIC HOLIDAYS UPON WHICH

NON-SAFETY PUBLIC OFFICES AND BUILDINGS OF THE CITY OF CHINO SHALL BE CLOSED
4 CHINO CITY COUNCIL
SEPTEMBER 5, 2023 5

19. Award of Contract - Ice America - Portable Ice -Skating Rink Approve a Contract with Ice-America in the amount of $446,801 for a Portable Ice-Skating Rink Services.

Staff Report By: Mayra Pratt, Community Services Manager RECOMMENDATION: 1) Approve a contract with Seaside Ice, LLC dba Ice -America in the amount of $446,801 for the services of a portable outdoor ice -skating rink and ancillary equipment, and (2) authorize the City Manager to execute all necessary documents on behalf of the City.

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

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

ADJOURN
The next Regular Meeting of the City Council will be held on Tuesday, September 19, 2023 at 6:00 p.m. (Closed Session no earlier than 4:00 p.m. if necessary) in these Council Chambers.

I, Natalie Gonzaga, City Clerk of the City of Chino, hereby declare that on Wednesday, August 30, 2023 this agenda was posted on the south window of Chino City Hall and this agenda together with all of the agenda reports and related documents were posted on the City’s website at www.cityofchino.org by myself or under my direction.
_______________________________________
Natalie Gonzaga, City Clerk.
5 MEMORANDUM

CITY OF CHINO

POLICE DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 5, 2023

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

SUBJECT
..titl e
Proclaim September 2023 as National Preparedness Month. ..end
..body

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

6 7

MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 5, 2023

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

RECREATION

SUBJECT
..titl e
Proclaim September 2023 as Suicide Prevention Awareness Month. ..end
..body

8 9

MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 5, 2023

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

RECREATION

SUBJECT
..titl e
Proclaim September 2023 as National Childhood Obesity Awareness Month. ..end
..body

10 11

MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 5, 2023

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

SUBJECT
..titl e
Award of Business of the Month for September 2023 to Living Waters Pool Service. ..end
..body

12 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 5, 2023

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: EUNICE M. ULLOA, MAYOR

SUBJECT
..titl e
Award of Mayor’s Home Beautification Award for September 2023. ..end
..body

13 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 5, 2023

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

SUBJECT
..titl e
Presentation from The Let it Be Foundation Youth Leadership Team. ..end
..body

14 MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 5, 2023

TO: LINDA REICH, CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE

SUBJECT
..titl e
Approve expenses as audited and within budget for warrants 766280 to 766907, and Electronic Fund Transfers 517618E to 517820E, totaling $17,350,050.56. ..end

RECOMMENDATION
Approve expenses as audited and within budget for warrants 766280 to 766907, and Electronic Fund Transfers 517618E to 517820E, totaling $17,350,050.56. ..body

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 22-23 and 23-24 Operating Budgets.

Revenue:

Expenditure:

Transfer In: Transfer Out:
15 CITY COUNCIL MEETING DATE: SEPTEMBER 5, 2023
SUBJECT: APPROVE EXPENSES AS AUDITED AND WITHIN BUDGET FOR WARRANTS 766280 TO 766907, AND ELECTRONIC FUND TRANSFERS 517618E TO 517820E, TOTALING $17,350,050.56.

PAGE: 2

BACKGROUND
The list of warrants for approval is larger than normal as there were no City Council meetings in August 2023.

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. 766280 – 766402 6/29/23 22-23 $1,191,393.57

2. 766403 – 766406 7/1/23 23-24 $18,700.00

3. 766407 – 766416 6/29/23 22-23 $4,672,305.00

4. 766417 7/10/23 23-24 $1,661,892.30

5. 766418 – 766519 7/13/23 22-23 $1,734,647.78

6. 766520 – 766560 7/13/23 23-24 $79,177.49

7. 766561 – 766641 7/20/23 22-23 $750,004.37

8. 766642 – 766665 7/20/23 23-24 $73,069.58

9. 766666 7/25/23 23-24 $18,512.00

10. 766667 – 766738 7/27/23 22-23 $817,698.17

11. 766739 – 766803 7/27/23 23-24 $570,726.29

12. 766804 7/26/23 22-23 $161.00

13. 766805 - 766844 8/3/23 22-23 $1,110,494.44

14. 766845 – 766907 8/3/23 23-24 $304,286.09

15. 517618E – 517665E 6/30/23 22-23 $397,746.79

16. 517666E – 517706E 7/1/23 22-23 $345,237.78

17. 517707E – 517747E 7/21/23 22-23 $287,496.79

18. 517748E – 517753E 7/21/23 23-24 $1,629,783.27

19. 517754E – 517773E 7/28/23 22-23 $1,188,030.24

20. 517774E 7/28/23 22-23 $80.00

21. 517776E – 517792E 7/28/23 23-24 $210,386.16

22. 517793E – 517805E 8/4/23 22-23 $224,405.64

23. 517806E – 517820E 8/4/23 23-24 $63,815.81

E: Electronic Fund Transfer
TOTAL $17,350,050.56

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

RB:hm
Attachment

16 Council Meeting 9/5/23

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

Check
Number
Check Date Vendor Name Description Amount
766295 06/29/2023 CALIAGUA, INC. PERMANENT LIFT STATION $79,941.55 766316 CT & T CONCRETE PAVING, INC. CONCRETE MAINTENANCE $112,347.80 766323 FAIRVIEW FORD SALES, INC. TWO (2) 2022 FORD 3/4 TON TRUCKS $51,293.44 766338 IDC CONSULTING ENGINEERS, INC. PINE AVE CONNECTOR $162,378.88 766374 S/B CTY INFORMATION SERVICES DEPT 800 MHZ RADIO SVCS-PD $128,096.00 766387 TRANSTECH ENGINEERS, INC. ON CALL CONTRACT SERVICES $74,585.00 766391 US BANK CORPORATE PAYMENT SYS PURCHASING CARD-5/22/23 $50,645.05 766412 MCCRACKEN AUTOMOTIVE LLC 11 PD VEHICLES OUT OF STATE PURCHASE $522,900.00 766414 SCANNELL PROPERTIES DIF REIMB FED-EX PROJECT $4,147,706.00 517649 06/30/2023 MIRACLE RECREATION EQUIPMENT CO INC REPLACEMENT SLIDE AT SHADY GROVE PARK
$179,277.58
766417 07/10/2023 AON RISK INSURANCE SERVICES WEST. INC FY 23/24 INSURANCE PREMIUM $1,661,892.30 766432 07/13/2023 CDW GOVERNMENT, INC. CROWDSTRIKE SOFTWARE $79,955.79 766450 EBS GENERAL ENGINEERING, INC. MADISON ST. GAP CLOSURE $93,250.57 766475 M K SMITH CHEVROLET PURCHASE OF 9 CHEVROLET COLORADO $286,182.27 766478 MCC EQUIPMENT RENTALS, INC. WELL 11 RAW WATER TRANSFER $208,107.64 766479 MCMURRAY STERN, INC. PD EVIDENCE STORAGE RM $83,400.64 766480 MICON CONSTRUCTION, INC. PF201-OSHM BARN & SITE IMPROVE $104,364.56 766490 PACIFIC HYDROTECH CORPORATION EWTF EXPANSION $104,217.28 766506 SO CAL EDISON CO SERVICE PERIOD: 06/05-07/06 $230,639.91 766517 WASTE MANAGEMENT COLLECTION SERVICES $96,395.14 766574 07/20/2023 C P CONSTRUCTION CO., INC. BENSON AVENUE STORM DRAIN $115,871.93 766604 J & S STRIPING CO., INC. STREET STRIPING SERVICES $84,081.62 766606 LANDSCAPE WEST MANAGEMENT SERVICES,
INC.

LANDSCAPE MAINTENANCE $72,617.00
766641 Z & K CONSULTANTS, INC. ON CALL SERVICES $77,313.00 517721 07/21/2023 ENGINEERING RESOURCES OF SOUTHERN
CA, INC.

ENGINEERING PLAN CHECK SERVICES $79,548.12
517737 MERCHANTS LANDSCAPE SERVICES INC LANDSCAPE MAINTENANCE $57,603.02 517748 CHINO BASIN DESALTER AUTHORITY WATER PURCHASES $1,624,001.00 17 Council Meeting 9/5/23

766694 07/27/2023 IDC CONSULTING ENGINEERS, INC. ON CALL PRJCT MGMT $51,529.25 766719 SEQUEL CONTRACTORS, INC. CONSTRUCTION SERVICES $316,425.58 766742 AON RISK INSURANCE SERVICES WEST. INC FY 23/24 INSURANCE PREMIUM $69,646.50 766743 AXON ENTERPRISE, INC. YR2-ON-OFFICER VIDEO SYSTEM $234,300.33 766796 TYLER TECHNOLOGIES, INC. ANNUAL MUNIS SOFTWARE MAINTENANCE $194,606.45 517767 07/28/2023 INLAND EMPIRE UTILITIES AGENCY SEWAGE TREATMENT SERVICES $756,876.42 517773 WATER FACILITIES AUTHORITY IMPORTED WATER $349,012.33 517782 HUMANE SOCIETY OF POMONA VALLEY ANIMAL CONTROL SERVICES $53,157.50 517784 MIRACLE RECREATION EQUIPMENT CO INC WALNUT PARK PLAYGROUND $98,767.12 766815 08/03/2023 FAIRVIEW FORD SALES, INC. TWO (2) 2022 FORD 3/4 TON TRUCKS $51,293.44 766821 JAMES MCMINN, INC 3 SYSTEM STORM DRAIN CONSTRUCTION

SERVICES
$172,645.15
766838 SANCON TECHNOLOGIES INC SEWER RELINE PROJECT $121,845.10 766844 WASTE MANAGEMENT COLLECTION SERVICES $435,439.54 766855 CHINO DEVELOPMENT CORPORATION WATER DIF REIMB EWTF PHASE I $72,800.00 766896 S/B COUNTY AUDITOR/CONTROLLER CAL ID ASSESSMENT FEE $108,557.64 517795 08/04/2023 ENGINEERING RESOURCES OF SOUTHERN
CA, INC.

ENGINEERING PLAN CHECK SERVICES $85,231.86
517796 HERITAGE DESIGN BUILD & CONSULTING LLMD STREETLIGHT MAINTENANCE $78,232.79

40 TOTAL $13,818,980.09

18 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 5, 2023

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

SUBJECT
..titl e
Regular Meeting Minutes for July 18, 2023 (All Members Present) ; July 5, 2023 (All Members Present).
..end
..body

19 CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
SPECIAL MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
WEDNESDAY JULY 5, 2023

CLOSED SESSION – 5:30 PM
OPEN SESSION – 6:00 PM

MINUTES

CALL TO ORDER
The July 5 , 2023, Spec ial Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 5: 35 p.m. by Mayor Eunice M. Ulloa in the Council Chambers.

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

ABSENT: None.

CLOSED SESSION PUBLIC COMMENTS
There were no requests to speak.

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

1. CONFERENCE WITH LABOR NEGOTIATOR(S).

Pursuant to Government Code Section 54957.6:

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

Employee Organizations: 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 3183), Chino Police Officers Association, Chino Police Management Association, Unrepresented Management, Unrepresented Sworn Management, Executive Management, Elected Officials.

The City Council recessed to Closed Session at 5:36 p.m.

The City Council concluded Closed Session at 6:20 pm and reconvened the regular meeting at 6:22 p.m.

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

20 CHINO CITY COUNCIL - MINUTES
JULY 5, 2023 2

CEREMONIALS
Proclamations
Mayor Ulloa read into the record the Proclamation designating the month of July 2023 as Park and Recreation Month and presented it to Robert Martinez, Chair person of the Community Services Commission. Silvia Avalos, Director of Community Services Depart ment announced the new department name as Community Services, Parks, and Recreation.

Presentations
Mayor Ulloa presented the Mayor's Home Beautification Award for July 2023 to Jenice Gilland of Chino.

Mayor Ulloa presented the Business of the Month July 2023 to Flo's Airport Café. Rania Nash- Webber and team members were present to accept the award.

REPORT OUT OF CLOSED SESSON
City Attorney Fred Galante reported out of closed session as follows:

1. CONFERENCE WITH LABOR NEGOTIATOR(S).

Pursuant to Government Code Section 54957.6:

Agency Negotiator: Geriann Kingslan, Director of Human Resources/Risk Management. Employee Organizations: Chino City Hall Confidential Employee Association, Chino Poli ce Professional Employees Association, San Bernardino Public Employees Association (SBPEA)/Teamsters Local Union No. 1932-P rofessioinal, Technical and Clerical, American Federation of State, County and Municipal Employees (AFSCME District Council 36-Local 3183), Chino Police Officers Association, Chino Police Management Association, Unrepresented Management, Unrepresented Swor n Management, Executive Management, Elected Officials.

The C ity Council rec eived an update, pro vided direction, and no further reportable action was taken.

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

PUBLIC ANNOUNCEMENTS
Mayor Ulloa issued a reminder about the following scheduled community events:
• Chino Summer Nights will occur every Friday night at 6:30 p.m. thr ough July 28 at the City Hall Lawn, featuring “Lightyear”. For questions, call the Carolyn Owens Community Center at 909- 334-3258.
• Kiwanis Summer Concerts will occur every Thursday night beginning July 6 through August 3 from 7:00 p.m. to 9:00 p.m. All events will be held on the lawn in front of City Hall except for the concert on August 11 that will be held at Founders Park in The Preserve. • Chino Senior Center’s annual Seniors at the Square summer concert series begins on Monday, July 10, at Aguiar Square. There will be live music and dancing from 5:30 p.m. to 8:00 p.m. every Monday through August 14. For questions, call 909-334-3271.

PUBLIC COMMENTS
Lon Wagner, CrossPoint Church, provided the invocation. 21 CHINO CITY COUNCIL - MINUTES
JULY 5, 2023 3
Thomas Ryan, shared information of the Chino Junior Fair to occur at the Chino Fairgrounds on Monday, July 10 through Friday, July 14 and h elp support local youth organizations including the Monte Vista 4-H club and Don Lugo High School ’s Future Farmers Association and noted that the event will feature a barbecue dinner and livestock auction to benefit the students.

CONSENT CALENDAR

1. Warrants. Approve expenses as audited and within budget for warrant 765903 to 766067, and Electronic Fund Transfers 517484E to 517528E, totaling $3,713,386.13.

2. Minut es . a. June 6, 2023 Regular Meeting (All Members Present) b. April 18, 2023 Special Meeting of City Council, Planning Commission, and Community Services Commission.

3. E lected City Officials’ Report Regarding Travel, Training, and Meetings . Receive and file t he Elected City Officials' Report reflecting City Council business related expenses incurr ed by the City and forecast of future events and trainings.

4. A ward of Contract to InfoSend, Inc. for Utility Billing. Award of contract to InfoSend, Inc . for utility billing and online payment services for an estimated amount of $175,000 annually (approximation $55,000 for vendor services and $120,000 for postage).

5. O rgani zed Retail Theft Prevention Grant Program . A uthorize the City Manager to submit an application, accept, and execute all necessary documents on behalf of the C ity for the Organized Retail Theft Prevention Grant Program.

6. S tate Asset Forfeiture Expenditure for Drug and Gang Education. Appropriate $770.13 from the State Asset Forfeit ure - Drug and Gang Prevention Fund to support the San Bernardino Countywide Gangs and Drug Task Force Scholarship Fund

7. Feder al Asset Forfeiture - Police K9. Appropriate $22,150 from the Federal Asset Forfeiture / Department of Justice Fund for the purchase of a replacement police service dog.

8. Fi nal Acceptance of Public Improvement - Site Approval PL18-0103 (TDC Remington Partners, LLC). Accept the public improvements for TDC Remington Partners, LLC, PL18- 0103, located at 9301 Remington Avenue as complete an d authorize release of the performance bond and initiate the warranty bond.

9. Ca l F ire Prado Helitack Base Modificatio ns. Adopt Resolution No. 2023 -042, allowing Cal Fire to Submit an Application to the Department of Aeronautics for Modifications to the Existing Cal Fire Prado Helitack Base to Increase Wildfire Safety.

Moved by Council Member Lucio, seconded by Council Member Burton, and carried on a 5-0-0 vote to approve Consent Calendar Items 1-9.

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

NOES: NONE.

ABSENT: NONE.

22 CHINO CITY COUNCIL - MINUTES
JULY 5, 2023 4

PUBLIC HEARING

10. PL23-0041 (General Plan Amendment), PL23-0014 (Prezone/Annexation), PL23-0015 (Zoning Ordinance Amendment) - Ramona Francis Annexation. A request to annex approximately 145 acres of land (Ramona Francis Annexation) from unincorporated San Bernardino County zoning designation of RS-1 (Single Residential minimum lot size 1 acre), RS 20M (Single Residential - 20,000 square feet minimum), RS (Single Residential) to the City of Chino’s zoning designation of RD2 (Residential/Agricultural) , RD4.5 (Resident ial, 4.5 dwelling units/acre) and P (Public) consistent with the City’s General Plan and a proposed amendment to Title 20 (Zoning) of the Chino Municipal Code to update Chapter 20.16 (Right to Farm) to add animal keeping approved by the Cou nty of San Bernar dino as a permitted use for pro perties annexed into the City. A proposed amendment to the General Plan Map to change the existing General Plan land use designation of 13.35 acres of land from RD 2 (2 dwelling units/acre) to RD 4.5 (Resi dential, 4.5 dwelling units/acre) within the annexation area, l ocated a t the NWC of Francis and Yorba Avenues (APN’s: 1013-211-21 and 22).

Mayor Ulloa opened the public hearing.

Fred Galante, City Attorney reported Council Member Burton’ s ten ure on the Planning Commission does not affect his ability to participate in this annexation item.

Mike Hitz, Principal Planner provided a report on the item.

Paul Griffin, resident , spoke in support of the annexation and urged the Council to have the southern portion of the proposed annexat ion incorporated, due to pedestrian and traffic safety concerns.

There being no further request to address the City Council on this item, the public hearing was closed.

Mayor Pro Tem Comstock requested staff to clarify the Planning Commission concerns on this item. Principal Planner Hitz expl ained that a Planning Commissioners concerns related to the annual operation and maintenance cost deficit of $190,000 and requested staff secure confirmation from LAFCO that the city would receive its full tax share from the county.

Mayor Pro Tem Comsto ck explained the pros and cons of the proposed item and encouraged the Council to study this island annexation and the fiscal impacts it will impose to the city for years to come and assess the economic feasibility of future annexation projects.

Council Member Curtis concurred with Mayor Pro Tem Comstock’s concerns.

Council Member Lucio asked staff to confirm that no road ex pansion and infrast ructure improvements were included for the proposed annexation pro ject. Principal Planner Hitz confirmed that no commitments were made for road or infrastructure improvements as part of the proposed annexation project but acknowledged that residents were informed that these improvements c ould be added to the City ’s Capital Improvement Projects and planned accordingly. Warren Morelion, Interim Director of Development Services confi rmed that sewer improvements will be necessary for residents to connect to the city sewer system which is estimated to cost approximately 2 million dollars and noted the zoning change of RD2 t o 4.5 zone would affect the Yorba area to help keep zoning and general plan consis tency with the current City zoning designation and ensure residents ability to keep animals is protected.

Council Member Flores requested staff to clarify the timeframe for project completion. Principal Planner Hitz explained it could take approximately one year and confirmed that the City would receive approximately 10.4 percent of the one percent that is collected in property tax. 23 CHINO CITY COUNCIL - MINUTES
JULY 5, 2023 5
Council Member Lucio asked Police Chief Simmons to clarify if the annexation pr oject will require additional police personnel. Police Chief Simmons explained that the annexation project will require additional police personnel and confirmed that this information has been included as part of the annexation analysis, with an estimated 1 to 3 officers will be needed.

Mayor Pro Tem Comst ock asked staff to clarify development impact fees that can be imposed for new development s t o help with infrastructure improvement in needed areas. Principal Planner Hitz confirmed that as developers propose new projects, development improveme nts will be required as par t of the approval process , including development im provement fees that would help with improvement projects in the area.

Council Member Burton requested staff to meet with the resident , Mr. Griffin, to ensu re that the road he was referring to could be assessed to address the safety concerns.

Mayor Ulloa asked City Manager Reich to report on Supervisor Hagman’ s proposition to hel p with sewer backbone infrastructure costs associated with the annexation project. City Manager Reich reported that Supervisor Hagman surveyed residents and identified approximately 75% of the residents in the annexation area wou ld be willing to connect to sewer. She noted a cost estimate was supplied to Supervisor Hagman to request San Bernardino County provide funding to install the sewer backbone infrastructure.

Mayor Ulloa asked Police Chief Simmons to explain the average law enforcement response time residents in this project area would receive. Chief Simmons confirmed that residents would have the current Chino Police Department average 5-minute response time.

Mayor Ulloa provided examples of past annexation projects and highlighted some facts that could be experienced by residents residing within the project area and noted that some the roads in these annexed areas have the same unimproved roads from before they were annexed because they have chosen not to develop their properties and this particular annexation has not caused a burden to the city. Mayor Ulloa explained how improvements in these cases are accomplished incrementally as properties are improved or developed and was a proponent of protecting resi dents to keep their animals. Principal Planner H itz confirmed that residents ’ properties will inherit the county land use designation that permits animals s uch as horses.

Mayor Ulloa expressed great interest in the Right to Farm ordinance to protect these rights for residents.

Council Member Burton asked staff to identify the number of homes in the proj ect area and the potential impacts on code enforcement with the current property conditions in the area. Principal Planner Hitz explained there are approximately 120 parcels in the project area and that code enforcement is prepared to work with residents . Interim Director of Dev elopment Serv ices Morelion confirmed that no additional code enfor cement officers will be needed as a result of this annexation.

Mayor Pro Tem Comstock noted that some of the positive results of annexations is the potential of jurisdictional boundaries improvements which is mu ch needed. Principal Planner Hit z explained that following the annexation no land use changes are permitted within the 2 years after the completion of the annexation.

Council Member Flores inquired who is the waste hauler. Principal Planner Hitz explained they have two different waste haulers in t he area, Burrtec and Waste Management and staff will need to work on with the residents.

City Attorney Galante read the title of the Ordinances into the record.

ORDINANCE NO. 2023-015

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, PREZONING 24 CHINO CITY COUNCIL - MINUTES
JULY 5, 2023 6
APPROXIMATELY 145 ACRES OF LAND TO RD2 (RESID ENTIAL/AGRICULTURAL), RD 4.5 (RESIDENTIAL) AND P (PUBLIC) FOR PARCELS LOCATED EAST OF NORTON AVENUE, NORTH

AND SOUTH OF FRANCIS AVENUE, NORTH AND SOUTH OF PHILADELPHIA STREET AND WEST OF YORBA AVENUE WITHIN THE CITY OF CHINO SPHERE OF INFLUENCE (APN’s: 1013-211-04-08, 10, 11, & 18-22, 1013-221-01-06, 09, & 11-18, 1013-341-03-07, & 09-13, 1013-351-16, 17, 20-23, 26-31, & 40, 1013-361-01-11, 14-21, & 25, 1013-371-03-22, 1013-411-11, & 14-18, 1013-421-01, 04-13, 16, 18, & 19, 1013-431-01, 02, 06, & 09 -11, and 1016-121-04-07)., WITHIN THE CITY OF CHINO SPHERE OF INFLUENCE AND IN CONNECTION WITH (PREZONE/ANNEXATION PL23-0014) AND AMENDING ORDINANCE NO. 2010-06.

ORDINANCE NO. 2023-005

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING SELECTED PROVISIONS OF THE ZONING CODE (CHAPTER 2 0.16 - RIGHT TO FARM AND CHAPTER 20.20 - NONCONFORMING USES, STRUCTURES AND PARCELS) OF THE CITY OF CHINO. PL23-0015 (ZONE ORDINANCE AMENDMENT).

Moved by Council Member Flores, seconded by Council Member Burton, and carried on a 5-0-0 vote to 1) Conduct a public hearing; 2) adopt Resolution No. 2023-041 approving an addendum to the City of Chino General Plan Environmental Impact Report (SCH No. 2008091064) (EIR) for the prezoning and general plan amendment for the Ramona Francis Annexation project area; 3) approve the int roduction of Ordinance No. 2023 -015, approving PL23-0014 (Prezone/Annexation), in conjunction with the proposed annexation of the Ramona Francis Annexation area, to be read by number and title only, and waive further reading of the Ordinance; 4) a dopt Resolution No. 2023-040 approving PL23-0041 (General Plan Amendment), 5) approve the introduction of Ordinance No. 2023-005, PL23- 0015 (Zoning Ordinance Amendment), to be read by number and title only, and waive further reading of the Ordinance; and 6) adopt R esolution No. 2023-039, requesting that the Local Agency Formation Commission (LAFCO) initiate annexation proceedings for PL23-0014(Prezone/Annexation).

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

NOES: N ONE.

ABSENT: NONE.

11. Yorba Villas Pre-Annexation and Development Agreement. Introduction of Ordinance No. 2023- 014 approving the Yorba Villas Pre-Annexation and Development Agreement.

Mayor Ulloa opened the public hearing.

Fred Galante, City Attorney presented a report on the item.

There being no request to address the City Council on this item, the public hearing was closed.

Council Member Lucio commented that this same annexation project was 5 years ago and due to the community uproar, he voted agains t it, however, there is no w no opposition for this project. He voted against this annexation in support of the r esidents and is hopeful for sewer improvements to help residents with these services.

Mayor Pro Tem Comstock and Council Member B urton concurred with Council Member Lucio’s concerns.

A resident commented that the reason there is no opposition to the proposed annexation project is because the County already approved the annexation.
25 CHINO CITY COUNCIL - MINUTES
JULY 5, 2023 7
Interim Director of Development Services Morelion requested a clerical correction in the staff report that changes the properties from 13.25 acres to 13.35 acres and will be corrected in the development agreement. City Attorney Galante st ated the same changes would apply to the Ordinances.

City Attorney Galante read the title of the Ordinances into the record.

ORDINANCE NO. 2023-014

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

APPROVING THE PRE- ANNEXATION AND DEVELO PMENT AGREEMENT BY AND

BETWEEN THE CITY OF CHINO AND YO RBA VILLAS, LLC RELATED TO THE DEVELOPMENT OF APPROXIMATELY 13. 35 ACRES OF REAL PROPERTY W ITHIN THE CITY OF CHINO’S SPHERE OF INFL UENCE (APNs 1 013-211-21 & - 22); AUTHORIZING SUCH DEVELOPMENT PER CHAPTER 20.13; AND APPROVING SANITARY SEWER

SERVICE FOR THE PROPERTY SUBJECT TO LOCAL AGENCY FORMA TION COMMISSION AUTHORIZATION.

Moved by Council Member Burton, seconded by Council Member Lucio, and carried on a 5-0-0 vote to 1) Conduct a public hearing; 2) approve introduction of Ordinance No. 2023- 014, approving the Pre-Annexation and Development Agreement by and between the City of Chino and Yorba Vi llas, LLC, to be read by number and title only, and waive fur ther reading of the Ordinance; 3) adopt the CEQA findings included as part of the Ordinance; 4) adopt the Addendum to the Project EIR confirming no further CEQA review is required; and 5) aut horize the City Manager to execute the necessary documents on behalf of the City.

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

NOES: NONE.

ABSENT: NONE.

NEW BUSINESS

12. Introduction of Ordinance 2023-016 - Community Services Department and Commission Name Change. Revisions to Chino Municipal Code to Change t he Name of the Department of Community Services to the Department of Community Services, Parks, and Recreation.

Fred Galante, City Attorney presented a report on this item.

City Attorney Galante read the title of the Ordinances into the record.

ORDINANCE NO. 2023-016

AN ORDINANCE OF THE CITY COUNCI L OF THE CITY OF CHINO, CALIFORNIA,

AMENDING MULTIPLE SECTIONS OF CHINO MUNICIPAL CODE TO CHANGE THE NAME

OF THE COMMUNITY SERVICES DEPARTMENT AND THE COM MUNITY SERVICES COMMISSION.

Moved by Council Member Burton, seconded by Council Member Lucio, and carried on a 5-0-0 vote to ap prove the introduction of Ordinance No. 2023- 016, amending the Chino Municipal Code to c hange the name of the Department of Comm unity Services to the Department of Community Services, Parks, and Recreation, t o be read by number and title only, and waive further reading of the Ordinance.

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

NOES: NONE.
26 CHINO CITY COUNCIL - MINUTES
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ABSENT: NONE.

13. Final Acceptance o f Pu blic Imp rovement - Parcel Map No. 19889 (Liberty Property Limited Partnership). Accept the public improvements for Liberty Property, L.P ., PM 19889, located on the southwest corner of Eucalyptus and Yorba Avenues, as complete and a uthorize release of the performance bond and initiate the warranty bond.

Jesus Plasencia, Assistant City Engineer presented a report on the item.

Moved by Mayor Pro Tem Comstock, seconded by Council Member Lucio, and carried on a 5-0-0 vote to 1) Accept public improvements as co mplete for PM 19889; 2) authorize release of the performance bond and initiate the warranty bond; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.

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

NOES: NONE.

ABSENT: NONE.

14. Award of C onstruction Contract: Kimball Avenue Preserve Improvements Project (ST232) .

Award a construction contract to C.P. Construction Co., Inc. , Upland, CA, i n the amount of $2,959,540 for Project No. ST232 - Kimball Avenue Preserve Improvements.

Michele Hindersinn, Principal Engineer presented a report on the item.

Amer Jaker, Special Projects Administrator requested a typographical correction and properly re-order the numbers on the recommendation beginning with item number 4.

Mayor Pro Tem Comstock thanked staff for the work done on this project and noted that the road improvement s are already displaying wear and asked if this is going to be corrected.

Principal Engineer Hindersinn explain ed t hat slu rry s eal is in cluded as part of t he pro ject at south half of Kimbell and can consider slurry seal for the remaining area.

Council Member Burton asked if the County would reimburse some of the improvement costs.

Principal Engineer Hindersinn conf irmed that the storm drai n component $ 973,000 w ould be reimbursed by the county.

Council Member Lucio asked if the Bickmore project will be completed. Special Project s Administrator Jaker explained that the proposed project is a long-term project that requires pole relocation, and it is uncertain if there will be road closures.

Dennis Ralls, Traffic Engineer reported that the Bickmore project is estimated to be completed at the end of July.

Council Member Lucio asked staff to clarify the status of th e left turn proposal to this s hopping center that was brought before a recent workshop. Principal Engineer Hindersinn explained that staff is waiting for the consulting firm cost estimate and have not submitted it to the applicant.

Council Member Lucio expressed appreciation f or staff efforts to complete this road improvement.

Council Member Flores comment ed that he is aware of residents’ concern of the lack of communication with the city and encouraged increased communication to inform residents of active construction information.
27 CHINO CITY COUNCIL - MINUTES
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Moved by Council Member Lucio, seconded by Mayor Pro Tem Comstock, and carried on a 5-0-0 vote to approve 1) Appropriate $2,234,516 from the Transportation Fund (320) with a backfill from the unappropriated reserves of the Bridges, Signals, and Thoroughfare Preserve Development Impact Fee Fund (260); 2 ) appropriate $1,216,812 from the unappropriated reserves of the Citywide Storm Drain Fund 540, with a correspond ing reimbursement increa se to the same project budget ST232; 3) increase the pr oject budget for the Kimball Avenue Preserve Improvements Project ST232 by $3,500,000 for a new revised project budget of $4,556,240.94;4) ratify amendment to the Cooperative Agreement Pass Through, wi th the C ounty of San Bernardino for the Kimball Avenue Drainage Improvements 4) award a construction cont ract in the amount of $2,959,540 to C.P. Construction Co ., Inc., Upland, CA for Chino Preserve Street and Storm Drain Improvements at Kimball Avenue Project ( ST232); 5) authorize expenditures of up to $295,954 for construction management, $147,977 for inspecti on costs, and $395,259 for construction contingency; and 6) authorize the City Manager to execute the necessary documents on behalf of the City.

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

NOES: N ONE.

ABSENT: NONE.

15. Approve the Pre-Qualified List and Vendor Cap for Capital Improvement Projec t Management and Related Services . Approve the p re-qualified list of firms to per form Capital Improvemen t Project Management and Related Services on an as-needed basis.

Michele Hindersinn, Principal Engineer presented a report on the item.

Moved by Mayor Pro Tem Comstock , seconded by Council Member Flores, and carried on a 5-0-0 vote to 1) Approve the pre -qualified list of fi rms to perform Capital Improvement Pr oject Management and Related Services on an as- needed basis; 2) approve a Professional Services Agreement with EXP U.S. Services, Inc. for On-Call Civil Engineering Services for Public Works Capit al Impr ovement Project Management and Related Services f or a total contract amount not -to-exceed $250,000; 3) a pprove a Professional Services Agreement with Transtech Engineer s, Inc., f or On -Call Civil Engineering Services for Public Works Capital Improvem ent Project Management and Related Services for a total contract amount not -to-exceed $650,000; 4) approve a Professional Services Agreement with Z&K Consulting, Inc., for On-Call Civil Engineering Services for Public Works Capital Improvement Project Mana gement and Related Services for a total contract amount not-to-exceed $900,000; and 5) authorize the City Manager to execute the necessary documents on behalf of the City.

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

NOES: NONE.

ABSENT: NONE.

MAYOR AND COUNCIL REPORTS

16. Appointment of Community Services Comm issioners. Approve th e appointments of Robert Martinez, Julissa Mon tenegro-Olivas, Patricia Pereda Arlt, and Jamie Aviles to the Community Services Commission.

Mayor Ulloa presented a report on this item.
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Moved by Council Member Flores, seconded by Council Member Burton, and carried on a 5-0-0 vote to approve the appointment of Robert Martinez, Julissa Montenegro-Olivas and Patricia Pereda Arlt to the Community Services Commission for a four -year term ending June 30, 2027, and Jamie Aviles for a term ending June 30, 2024.

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

NOES: NONE.

ABSENT: NONE.

Mayor Ulloa directed the City Clerk to administer the Oath of Office to the new commissioners and noted that Patricia Pereda Arlt was unable to attend and will have her Oath taken at a later date.

Mayor Pro Tem Comstock thanked all the applicants for applying and congratulated the recently appointed applicants for their dedication to serve in the Community Services Commission.

17.Commissions Discussion. Discussion regarding Community Services and Planning Commissioners.

Mayor Ulloa provided a report on this item to request input from the City Council on Commission appointments.

Council Member Flores explained that he is a proponent of representation of all areas of the city. He not ed that he would like to have commission meetings recorded so that all res idents can have access.

Council Member Lucio expressed support in having the entire council to be given the opportunity to participate in the panel for commiss ion appointments and would cons ider supporting jurisdic tion representation. He would like to see this topic dis cussed in a public forum.

Mayor P ro Tem Comstock explained that she sees value in hearing members of the publi c, commissioners, staff, and fellow council members. She noted that she envisions to advocate the importance of being involved in advisory board meetings.

Council Member Burton expressed concern with individual council member appointment of commissioners. He noted that he is a proponent of telev ised commission meetings. He noted that he is against term limits because h e sees the value of the experience and knowledge that incumbents bring to the platform.

Mayor Ulloa asked staff to clarify an ex officio role for the planning commission. City Atto rney Galante explained that that an ex officio role would serve as an advisory purpose but would not have any voting power. Mayor Ulloa requested staff to report on the possibility of te levising commission meetings, discuss the pros and cons for voting by jurisdiction district.

Mayor Pro Tem Comstock expressed concern that the ex officio would not have voting power.

Mayor Ulloa and the Council agreed to 1) arrange a meeting between the Planning Commission and the Community Services , Parks, and Recreation Commission to discuss the commission appointment process; 2) schedule a Council workshop to discuss the ex officio member(s) to the Planning Commission and identify any cost impacts o r staff impact s to conduct the televised commission meeting recordings; commissioner appointments process; 3) C ity Council Workshop to make a decision.
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Mayor Ulloa
Mayor Ulloa reported on the following meetings and events attended since the last meeting that included the FF A Buyers appreciation dinner ; C hino Desalter Authority Finance Committee meeting; the Taste of Chino Valley ; attended the funeral services for Council M ember Lucio’s father; Cristina Garza’ s 100 th Birthday celebration; threw the first pitch Chino G irls Fast Pitch Opening Ceremony; provided the prayer at the City , County, and State and National Elected Leaders event that occurred at the C alvary Chapel Chino Hills ; Fireworks Spectacula r event; conducted Council Liaison interviews; Omnitrans and SBCTA Board meeting; Council Closed Session meeting; and invited everyone to attend the FF A Chino Junior Fair that will be held at t he Chino Fairgrounds; and acknowled ged Jenae Baker from the Chino Police Department for her talented voice and singing the National Anthem.

Mayor Pro Tem Comstock
Mayor Pro Tem Comstock reported on the following meetin gs and events attended since the last meeting that included the funeral services for Council Member Lucio’s father; Community Services Commission meeting; City Manager meeting; Council Liaison interviews.

18. Community Support Contribution. Approve Community Support Contributions to the American Cancer Society ( $250), Chino Neigh borhood House ($1, 000), and Rancho Del Chino Rotary Club ($250).

Council Member Burton provided a report on the item.

Moved by Mayor Pro Tem Comstock, seconded by Council Member Flores, and carried on a 5 -0-0 vote to a pprove community support fund contr ibutions: to the Amer ican Cancer Society ($250), Chino Neighborhood House ($1,000), and Rancho Del Chino Rotary Club ($250).

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

NOES: NONE.

ABSENT: NONE.

Council Member Burton
Council Member Burton reported on t he following meetings and events attended since the last meeting that included the Taste of Chino Valley; Open House at the Fire Station on Kimball for the Police Substation; City Manager meeting; New Southern California Edison Representative Melissa Boyd meeting; Community Services Commission meeting; City Employee City Manager meeting; meeting with a resident; Musical Celebration Calvary Chapel Chino Hills ; Chino Fireworks Spectacular celebration; City Man ager meeting; Congress woman Norma Torre s meeting; and Closed Session meeting.

Council Member Flores
Council Member Flores reported on the following meetings and events attended since the last meeting that included the American Music al Heritage event; Chino Fireworks Specta cular celebration; meeting with a resident and thanked Warren Morelion and his staff; thanked Jack Morgan for his years of services to the City of Chino; and the Chino Valley Chamber of Commerce Leadership Collaborative.

30 CHINO CITY COUNCIL - MINUTES
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Council Member Lucio
Council Member Lucio thanked the Council for attending his father’s funeral; He invited everyone to attend this year’s Demolition Derby which will occur on July 2 2. He has a car that will partic ipate in the derby and he thanked the sponso rs and announced that the proceeds will go towards f eeding 450 families for Thanksgiving.

City Manager's Report
City M anager Reich concurred with the Council comm ents regarding the Chino Fireworks Spectacular event and thank ed the city staff fo r their e fforts to make this event a success . She thanked city employee Jack Morgan for his years of service.

City Manager Reich announced t he new Chino Chief of Police selection Kevin Mensen. Deputy Chief of Police Kevin Mensen thanked the City Manager, the City Council, the Executive Team and the men and women of the P olice Department for their support and is looking forward to working with everyone. He thanked his wife Desiree, a math teacher at Magnolia Junior High School.

City Attorney's Report
City A ttorney Fred Galante congratulated Kevin Mensen on the appointment . H e also confirmed that a Planning Commission ex officio member is not limited on the voting rights.

Police Chief's Report
Police Chief Wes Simmons reported he is excited for his retirement and is grateful f or the support everyone has given him. He provided a report on the 4th of July related service calls and noted the number of calls increased from prior years. He noted that the Police Department issued citations to 33 C hino res idents and 18 non -residents fo r t he use o f illegal fireworks . He thanked the Fire Department for their assistance with the Police Department substation near The Preserve.

Fire Chief's Report
Deputy Fire Chief Jeremy Ault reported that the fire department increased staff and paramedic personnel for the Fire works Spectacular ce lebration and provided a report o n the 4 th of July community risk reduction efforts. He congratulated Chief Simmons on his retirement a nd Deputy Chief Mensen on his promotion.

ADJOURN
The meeting adjourned at 9:12 p.m. The next meeting of t he City Council will be he ld on Tuesday, July 18, 2023, at 6:00 p.m. (Closed Session no sooner than 4:00 p.m. if necessary) in these Council Chambers.

APPROVED AND ADOPTED THIS 5TH DAY OF SEPTEMBER 2023.

EUNICE M. ULLOA, MAYOR
ATTEST:

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

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
REGULAR MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, JULY 18, 2023

CLOSED SESSION – 5:30 PM
OPEN SESSION – 6:00 PM

MINUTES

CALL TO ORDER
The July 18 , 2023, Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 5: 32 p.m. by Mayor Eunice M. Ulloa in the Council Chambers.

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

ABSENT: None.

CLOSED SESSION PUBLIC COMMENTS
There were no requests to speak.

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

The City Council recessed to Closed Session at 5:33 p.m.

The City Council concluded Closed Session at 5:50 p.m. and reconvened the regular meeting at 6:05 p.m.

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

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JULY 18, 2023 2

CEREMONIALS
Presentations
Mayor Ulloa introduced Michelle Knight Reinhardt, Chino Cultural Foundation Board Member, for the introduction and recognition of 2023 Chino Cultural Foundation Youth Arts Scholarship Recipients Angelo Gibbs, Catherine Gruen, Patrick Quiroz, Joseph Rice, and Rhlee Smith and 2023 Rose Ann Hammond Memorial Scholarship Recipient Kaylee Pitts, and the Gretchen Hartt McCombs Memorial Music Scholarship Recipient Kelsey Rhebergen.

Mayor Ulloa presented a Plaque of the City Tile from the City Council to Chief of P olice Wes Simmons in recognition of his retirement for 28 years of dedicated service to the City of Chino and its residents.

The following representatives presented Chief Simmons with certificates and proclamations in honor of his retirement and years of service:
• San Bernardino County 4
th District Supervisor Curt Hagman;
• City of Chino Hills Mayor Peter Rogers;
• Chino Valley Unified School District Board of Education President Sonya Shaw; • Chino Valley Fire District Vice President Harvey Luth , Director Sarah Ramos-Evinger, Director Tom Haughey, and Chino Valley Fire District Chief Dave Williams; • District Representative Jackie Elizalde from the office of Congresswoman Norma J. Torres, Representing California’s 35th District;
• Executive Representative Patricia Acosta from the Office of Attorney General Bob Bonta; • District Representative Laura Brentley from the office of Senator Susan Rubio , Representing the 20th State Senate District;
• District Representatives Daphney Lezo Duran from the o ffice of Assemblymember Freddie Rodriguez, Representing the 52nd State Assembly District.

Mayor Ulloa invited the community to attend Chief Simmons’ Walk of Honor on August 10, 2023.

REPORT OUT OF CLOSED SESSON
City Attorney Fred Galante reported out of closed session as follows:

1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Elise Brown v. County of San Bernardino et al. (Central District Court Case No. 5:20-cv-01116-MCS-SP)
The City Council received an update, provided direction, and no further reportable action was taken.

AGENDA ADDITIONS/REVISIONS
City Manager Linda Reich reported that Consent Item No. 5 will be pulled and returned to staff.

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JULY 18, 2023 3

PUBLIC ANNOUNCEMENTS
Mayor Ulloa issued a reminder about the following scheduled community events and closures:
• Chino Summer Nights will occur every Friday night at 6:30 p.m. through July 28 at the City Hall Lawn. For questions, call the Carolyn Owens Community Center at 909-334-3258. • Kiwanis Summer Concerts will occur every Thursday night beginning July 6 through August 3 from 7:00 p.m. to 9:00 p.m. All events will be held on the lawn in front of City Hall except for the concert on August 11 that will be held at Founders Park in The Preserve. • National Night Out , a community -building effort to promote police-community partnerships, will take place on Tuesday, August 1 from 5:00 p.m. to 8:00 p.m. For more information, please call 909-334-3142.
• City Hall will be closed on Monday, September 5 in observance of Labor Day. City Hall will re- open the following day at its regular operating hours of 7:30 a.m. to 5:30 p.m.

Mayor Ulloa wished Mayor Pro Tem Comstock and Council Member Flores a Happy Birthday.

PUBLIC COMMENTS
Jared Caballero, Calvary Chapel Chino Valley, provided the invocation.

Julia Cabrera, Chino Valley Chamber of Commerce, announced upcoming Chamber events.

CONSENT CALENDAR

1. Warrants. Approve expenses as audited and within budget for warrants 766068 to 766279, and Electronic Fund Transfers 517529E to 517617E, totaling $5,909,364.26.

2. Minutes. Regular Meeting Minutes June 20, 2023 (All Members Present).

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

4. Designation of League of California Cities Voting Delegates. Designate Council Member Curtis Burton as the Voting Delegate, Council Member Lucio as the 2nd Voting Delegate, and Mayor Pro Tem Karen C. Comstock as the 3rd Voting Delegate for the 2023 League of California Cities Annual Conference and Expo.

5. Renewal of Live Entertainment Permit - The Patio Grill & Cantina. Approval of a renewal Live Entertainment Permit for The Patio Grill &Cantina at 13511 Central Ave. for a period of 12 months, subject to quarterly review of satisfactory compliance with terms, conditions, and restrictions of permit. (Item pulled from Consent Calendar and returned to staff)

6. Measure I Five -Year Capital Project Needs Analysis for Fiscal Years 2024/2025- 2028/2029.

Adopt Resolution No. 2023-048, approving Measure I Five-Year Capital Project Needs Analysis for Fiscal Years 2024/2025-2028/2029.

7. Adoption of Ordinance Nos. 2023- 005 and 2023- 015, Ramona Francis Annexation (Second Reading) Adoption of Ordinance Nos. 2023- 005 and 2023- 015, Ramona Franci s Annexation (Second Reading).

ORDINANCE NO. 2023 -005 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 34 CHINO CITY COUNCIL - MINUTES
JULY 18, 2023 4

CHINO, CALIFORNIA, AMENDING SELECTED PROVISIONS OF THE ZONING CODE (CHAPTER 20.16 – RIGHT TO FARM A ND CHAPTER 20.20 – NONCONFORMING USES, STRUCTURES AND PARCELS) OF THE CITY OF CHINO. PL23 -0015 (ZONE ORDINANCE AMENDMENT).

ORDINANCE NO. 2023 -015 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, PREZONING APPROXIMATELY 145 ACRES OF LAND TO RD2 RESIDENTIAL/AGRICULTURAL), RD 4.5 (RESIDENTIAL) AND P (PUBLIC) FOR PARCELS

LOCATED EAST OF NORTON AVENUE, NORTH AND SOUTH OF FRANCIS AVENUE,

NORTH AND SOUTH OF PHILADELPHIA STREET AND WEST OF YORBA AVENUE WITHIN THE CITY OF CHINO SPHERE OF INFLUENCE (APN’s: 1013 -211-04-08, 10, 11, & 18 -22, 1013-221-01-06, 09, & 11- 18, 1013-341-03-07, & 09- 13, 1013-351-16, 17, 20- 23, 26-31, & 40, 1013-361-01-11, 14 21, & 25, 1013- 371-03-22, 1013-411-11, & 14-18, 1013-421-01, 04 13, 16, 18, & 19, 1013- 431-01, 02, 06, & 09-11, and 1016-121-04 07)., WITHIN THE CITY OF CHINO

SPHERE OF INFLUENCE AND IN CONNECTION WITH (PREZONE/ANNEXATION PL23-0014) AND AMENDING ORDINANCE NO. 2010-06.

8. Adoption of Ordinance No. 2023- 014 per taining to the Yorba Villas Pre- Annexation and Development Agreement (Second Reading). Adoption of Ordinance No. 2023-014 for the Yorba Villas Pre-Annexation and Development Agreement (Second Reading).

ORDINANCE NO. 2023 -014 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CHINO, CALIFORNIA, APPROVING THE PRE -ANNEXATION AND DEVELOPMENT

AGREEMENT BY AND BETWEEN THE CITY OF CHINO AND YORBA VILLAS, LL C RELATED TO THE DEVELOPMENT OF APPROXIMATELY 13.35 ACRES OF REAL PROPERTY WITHIN THE CITY OF CHINO’S SPHERE OF INFLUENCE (APNs 1013-211-21 & -22); AUTHORIZING SUCH DEVELOPMENT PER CHAPTER 20.13; AND APPROVING

SANITARY SEWER SERVICE FOR THE PROPERTY SUBJEC T TO LOCAL AGENCY FORMATION COMMISSION AUTHORIZATION.

9. Adoption of Ordinance No. 2023 -016, Community Services Name Change (Second Reading).

Adoption of Ordinance No. 2023-016, Community Services Name Change (Second Reading).

ORDINANCE NO. 2023 -016 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CHINO, CALIFORNIA, AMENDING MULTIPLE SECTIONS OF CHINO MUNICIPAL CODE TO

CHANGE THE NAME OF THE COMMUNITY SERVICES DEPARTMENT AND THE

COMMUNITY SERVICES COMMISSION

10. Purchase Order Approval - Porter Corp. Approve a purchase order in the amount of $59,297.94 for Porter Corp, Holland, MI for the purchase of a Poligon shade shelter for the Walnut Park Improvements project (PK223).

11. Notice of Completion: WA19C Eastside Water Treatment Plant Paving Project. Accept Project No. WA19C Eastside Water Treatment Plant Paving Project as complete and authorize the Director of Public Works to file the Notice of Completion.

12. Notice of Completion: R2071 - Benson Avenue Permanent Lift Station Project. Approval of a Notice of Completion for Project No. R2071 - Benson Avenue Permanent Lift Station Project.

13. Road Maintenance and Rehabilitation Account Project List for Fiscal Year 2023- 24. Adopt Resolution No. 2023- 050 approving the Road Maintenance and Rehabilit ation Account Project List for Fiscal Year 2022 -23 to be funded by SB 1: The Road Repair and Accountability Act of 2017.

35 CHINO CITY COUNCIL - MINUTES
JULY 18, 2023 5
Moved by Council Member Burton, seconded by Mayor Pro Tem Comstock , and carried on a 5-0-0 vote to approve Consent Calendar Items 1-4 and 6-13.

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

NOES: NONE.

ABSENT: NONE.

ITEMS PULLED FROM CONSENT CALENDAR

5. Renewal of Live Entertainment Permit - The Patio Grill & Cantina. Approval of a renewal Live Entertainment Permit for The Patio Grill &Cantina at 13511 Cent ral Ave. for a period of 12 months, subject to quarterly review of satisfactory compliance with terms, conditions, and restrictions of permit.

Item No. 5 was pulled and returned to staff. No action taken on Item 5.

PUBLIC HEARING

14. Approve the Introduction of Ordinance No. 2023- 017. Introduction of Ordinance No. 2023- 017, amending Chapters 15.45 and 15.46 of the Chino Municipal Code to integrate Climate Action Plan standards and provide for solar panel applications through SolarAPP+.

Mayor Ulloa opened the public hearing.

Mike Heroux, Deputy Director of Development Services provided a report on the item.

There being no request to address the City Council on this item, the public hearing was closed.

City Attorney Galante read the title of the Ordinances into the record.

ORDINANCE NO. 2023 -017 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING MULTIPLE SECTIONS OF TITLE 15 OF THE CHINO MUNICIPAL CODE TO INCORPORATE UPDATES TO THE CITY’S CLIMATE ACTION PLAN AND UPDATE THE ROOFTOP SOLAR PERMITTING PROCESS TO INCLUDE SOLARAPP+ Moved by Council Member Flores, seconded by Mayor Pro Tem Comstock , and carried on a 5- 0-0 vote to 1) Conduct a public hearing; and 2) approve the introduction of Ordinance No. 2023-017, to be read by number and title only and waive further reading of the Ordinance.

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

NOES: NONE.

ABSENT: NONE.

15. Landscape and Streetlight Maintenance District Assessment for Fiscal Year 2023- 2024.

Conduct the Public Hearing and adopt Resolution No. 2023-049, directing the City Clerk to file a certified copy of the diagram and assessments with the County Auditor/Controller Recorder.

Mayor Ulloa opened the public hearing.

Keith Martinez, Assistant Public Works Services Manager presented a report on the item.

There being no request to address the City Council on this item, the public hearing was closed. 36 CHINO CITY COUNCIL - MINUTES
JULY 18, 2023 6

Moved by Council Member Fl ores, seconded by Council Member Lucio, and carried on a 5-0-0 vote to 1) Conduct the Public Hearing; 2) adopt Resolution No. 2023- 049; and 3) direct the City Clerk to file a certified copy of the diagram and assessments with the County Auditor/Controller Recorder.

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

NOES: NONE.

ABSENT: NONE.

NEW BUSINESS

16. Award of Contract for City Park Restrooms Restoration. Award a contract to New Millennium Construction Services, Inc., Chino Hills, CA in the amount of $538,985.55 for the restoration of city park restrooms.

Keith Martinez, Assistant Public Works Services Manager presented a report on this item.

Mayor Ulloa inquired if the eleven parks will be renovated by the designated timeframe of June 30, 2024. Assistant Public Works Services Manager Martinez confirmed that the construction is slated to begin Fall of 2023 and completed by end of June 2024, and that the only delays that could be expected are weather conditions and the time needed for the epoxy to cure.

Council Member Burton inquired the typical public restroom lifespan. Assistant Public Works Services Manager Martinez explained that public restrooms lifespan is approximately twenty years and update any necessary ADA requirements . Council Member Burton ac knowledged that the City takes good care of City property and conducts frequent inspections.

Mayor Pro Tem Comstock thanked staff’s work on this project. She noted that the community actively utilizes city parks and noted that the restroom improvements wil l be an important upgrade for all to use.

Mayor Ulloa acknowledged that Community Services Commissioners are assigned different City parks and diligently visit them regularly and actively report when improvements are needed.

Moved by Council Member Burton, seconded by Council Member Flores, and carried on a 5-0-0 vote to 1) Appropriate $496,782.55 to the program 3607220, with a corresponding year end General Fund transfer to Fund 360; 2) award a contract in the amount of $538,985.55 to New Millennium Constr uction Services, Inc., Chino Hills, CA, for the restoration of City park restrooms; 3) authorize $107,797 for extraordinary work, for a total contract amount not -to-exceed $646,782.55; and 4) authorize the City Manager to execute the necessary documents on behalf of the City.

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

NOES: NONE.

ABSENT: NONE.

37 CHINO CITY COUNCIL - MINUTES
JULY 18, 2023 7

17. Citywide Pavement Rehabilitation Project - Phase 1 Pilot Program. Receive presentation and provide direction regarding the City of Chino Citywide Pavement Rehabilitation Project – Phase 1 Pilot Program.

Amer Jakher, Special Projects Administrator presented a report on the item . He provided an overview of the current condi tion of the pavement in the City and the number of streets that have poor roadway conditions and need repair. Mr. Jakher provided a recommendation to implement the pilot program for pavement rehabilitation that was prepared at the direction of the City Council and presented to the Infrastructure and Streets City Council Committee on July 6, 2023 . He explained one option to help expedite the pavement work will be c ontracted inspectors who will be onsite to inspect concrete work as the work is completed.

Mayor Ulloa inquired if the pilot program will be staffed by city or contract employees. Special Projects Administrator Jakher confirmed inspectors will be contracted.

Mayor Ulloa as ked when t he intersection signal light project on Walnut and Monte Vista will begin. Special Projects Administrator Jakher explained the signal light project is in its design phase and will not begin until this phase is completed.

Council Member Lucio thanked staff for establishing design standards. He complimented the proposed improvements on the downtown area of the community.

Council Member Flores asked if there are alternative curb design options (other than concreate rock) that can be considered. Special Projects Administrator Jakher explained that a lternative designs are possible on a case -by-case basis, such as a landscape design, however the property owner s would need to be willing to help maintain some of the landscaping and explained that the concrete rock design is used to discourage residents from walking on this area. Council Member Flores explained that he made the inquiry based on concerns relayed to him by residents, but noted that he would not want to the project to incur additional costs.

Council Member Flores asked if alleys would be improved as part of the scope of work to address accessibility improvements. Special Project Jakher explained the scope of the pilot program and noted alleys will be considered once the streets have been identified in a future meeting.

Mayor Pro Tem Comstock thanked staff for their presentation and work done on this project and concurred with the rock design concerns mentioned by other Council Members. She noted that she believes the City is moving forward in the right direction to address resident’s concerns.

Council Member Burton thanked staff for their efforts on the p ilot program and noted that this will benefit the city.

Mayor Pro Tem Comstock and Council Member Lucio both noted they were provided this information at the July 6, 2023, Infrastructure Streets Committee meeting.

Mayor Ulloa thanked staff for their efforts on this project. She recommended staff not to seek a landscaping design for curbs that requires maintenance. Mayor Ulloa asked when the budget allocation will be brought back for Council consideration. Special Project Administrator Jakher noted that staff is considering presenting the construction plans and award the contract i n late September or early October , with the ramp construction slated to begin two weeks after Council approval, and the asphalt work scheduled to start November/December 2023.

Moved by Council Member Lucio, seconded by Mayor Pro Tem Comstock , and carried on a 5- 0-0 vote to Receive presentation from staff and provide direction regarding the Citywide Pavement Rehabilitation Project - Phase 1.
38 CHINO CITY COUNCIL - MINUTES
JULY 18, 2023 8
AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.

NOES: NONE.

ABSENT: NONE.

18. Memorandums of Understanding, Compensation and Salary Adjustments. Adjustment in compensation and terms and conditions of employment for affected employees of the City of Chino.

Debbie Pacheco, Senior Management Analyst presented a report on the item.

Moved by Council Member Burton, seconded by Mayor Pro Tem Comstock, and carried on a 5- 0-0 vote to approve 1) Adopt Resolution No. 2023- 051 approving the Memorandums of Understanding with the: Chino Police Professional Employee’s Association (CPPEA); American Federat ion of State, County and Municipal Employees (AFSCME); Chino City Hall Confidential Employee Association (CCHCEA); Teamsters Local 1932 Professional, Technical, and Clerical Unit (Teamsters) and amendments to the compensation and terms and conditions of em ployment referenced for other employees of the City of Chino; 2) Adopt Resolution No. 2023 -052 approving the Classification and Compensation Schedules; 3) Approve a total appropriation in the amount of $1,568,666 to the various funds listed below in the fi scal impact; and 4) Authorize the City Manager to execute all necessary documents on behalf of the City.

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

NOES: NONE.

ABSENT: NONE.

19. Approval of Purchase and Sale Agreement between the City of Chino and Chino Development Corporation for the Bon View Well site. Purchase & Sale Agreement between the City of Chino and Chino Development Corporation for the Bon View Well Site located at the northeast corner of Bon View and Schaefer Avenues in the City of Ontario.

Sylvia Ramos, Associate Engineer presented a report on the item.

Moved by Council Member Burton , seconded by Council Member Lucio, and carried on a 5-0-0 vote to 1) Appropriate $230,300 from the unappropriated reserves of the Water Fund and schedule a corresponding year -end transfer in the same amount from The Preserve Water Source, Storage & Distribution Facilities Development Impact Fee Fund 261; 2) approve the Purchase and Sale Agreement between the City of Chino and Chino Development Corporation, a California corporation for the purchase of the Bon View Well Site located at the northeast corner of Bon View and Schaefer Avenues in the City of Ontario; 3) authorize a payment to Fidelity National Title Company in the amount of $150,000 for the purchase of the Bon View Well site and authorize up to $7,500 for associated escrow costs; 4) approve an immediate reimbursement to Chino Development Corporation per the terms of the amended and restated Preserve Development Agreement for improvements associated with the Eastside Water Treatment Facility in the amount of $72,800; and 5) authorize the City Manager to execute all of the necessary documents of behalf of the City.

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

NOES: NONE.

ABSENT: NONE.
39 CHINO CITY COUNCIL - MINUTES
JULY 18, 2023 9

MAYOR AND COUNCIL REPORTS
Mayor Ulloa
Mayor Ulloa reported on the following meetings and events attended since the last meeting that included the Water Facilities Authorities Special Board Meeting and Technical Advisory Committee Meeting, Chino Desalter Authority Board of Directors Meeting, Senior Center July Birthday Celebration; Assemblymember Freddie Rodriguez’s 10th Annual Barbeque, Mayor’s Prayer Breakfast, Automated External Defibrillator ( AED) Placement with Bike Fix , Chino Junior Fair BBQ and Auction.

Mayor Pro Tem Comstock
Mayor Pro Tem Comstock reported on the following meetings and events attended since the last meeting that included the Assemblymember Freddie Rodriguez’s 10 th Annual B arbeque, City Manager Meeting, Infrastructure and Streets Workshop, Chino Valley Fire Board Meeting, Closed Session Meeting. Mayor Pro Tem C omstock invited residents to the Annual Chino Demolition Derby, congratulated the Chino Foundation Scholarship Award recipients, and congratulated Chief Simmons for retirement.

Council Member Burton
Council Member Burton reported on the following meetings and events attended since the last meeting that included the City Manager Meeting; Seniors at the Square; Closed Session Meeting.

Council Member Burton congratulated Chief Simmons for his retirement.

Council Member Flores
Council Member Flores reported on the following meetings and events attended since the last meeting that included the Chino Valley Chamber Leadership Collaborative, Assemblymember Freddie Rodriguez ’s 10 th Annual Barbeque, Mayor ’s Prayer Breakfast, Automated External Defibrillator (AED) Placement with Bike Fix , Veronica’s Insurance Company Ribbon Cutting Ceremony, Meeting with residents, and a m eeting with Silvia Avalos, Director of Community Services, Parks and Recreation Department . Council Member Flores wished Mayor Pro Tem Comstock a Happy Birthday and congratulated Chief Simmons for his retirement and wished Council Member Lucio’s daughter luck for the upcoming Chino Demolition Derby.

Council Member Lucio
Council Member Lucio reported on the following meetings and events attended since the last meeting that included the Infrastructure and Streets Workshop Committee Meeting, N ALEO 40th Annual Conference in New York and noted that he will connect Andrea Cuellar, from the No Kid Goes Hungry Campaign, with Sonja Shaw from the Chino Valley Unified School District , to discuss grant opportunities, and meeting with the City Manager.

Council Member Lucio thanked the Chino Demolition Derby Sponsors to help feed 450 families during Thanksgiving, and wished daughter Samantha, daughter Sabrina, and son Gavin Happy Birthday, and wished his wife a Happy Wedding Anniversary. Council Member Lucio congratulated Chief Simmons on his retirement and wished Mayor Pro Tem Comstock a Happy Birthday.

40 CHINO CITY COUNCIL - MINUTES
JULY 18, 2023 10
City Manager's Report
City Manager Reich reported that City Council Meeting will be dark on August 1st due to National Night Out and August 15 th and will be back in session on September 5 th. City Manager Reich thanked the City Council for the approval of the labor memorandum of understanding approved tonight, which will help recruit and retain city staff. City Manager Reich thanked Chief Simmons for the many years of service and congratulated him for his retirement.

City Attorney's Report
City Attorney Fred Galante provided an update on the contract with the Inland Empire Utilities Agency and congratulated Chief Simmons on his retirement.

Police Chief's Report
Police Chief We s Simmons thanked the City Counci l for their continued support of the Police Department and thanked the Chino Valley Fire District for their partnership, especially for the upcoming Community Emergency Response Training on August 25 -27th and encourage the community to sign up.

Fire Chief's Report
Fire Chief Dave Williams provided safety measures to keep cool , be well hydrated during the summer heat, and m aintain pool side safety measures . Fire Chief Williams recognized the Chino Valley Area Chamber of Commerce and the Chino Valley Fire Foundations for their efforts to generate funds to purchase Automated External Defibrillator (AED) equipment. Fire Chief Williams thanked the fire fighters for their efforts to enter a vehicle in the Chino Demolition Derby and congratulated Police Chief Simmons for his retirement and thanked him for his leadership and mentorship.

ADJOURN
The meeting adjourned at 8 :05 p.m. The next meeting of the City Council will be held on Tuesday, September 5, 2023, at 6:00 p.m. (Closed Session no sooner than 4:00 p.m. if necessary) in these Council Chambers.

APPROVED AND ADOPTED THIS 5th DAY OF SEPTEMBER, 2023.

EUNICE M. ULLOA, MAYOR
ATTEST:

NATALIE GONZAGA, CITY CLERK

**************************************************
(These minutes are not official until signed.
41 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 5, 2023

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

SUBJECT
..titl e
Elected City Officials’ Report reflecting City Council business related expenses incurred by the City.
..end

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

..body

FISCAL IMPACT
Sufficient funding is available in the adopted Fiscal Year 2023-24 Operating Budget.

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

 Public Service Excellence through Internal and External Partnerships

Revenue:

Expenditure: 1002000-43320
Transfer In: Transfer Out:
42 CITY COUNCIL MEETING DATE: SEPTEMBER 5, 2023
SUBJECT: ELECTED CITY OFFICIALS’ REPORT REFLECTING CITY COUNCIL BUSINESS RELATED EXPENSES INCURRED BY THE CITY.

PAGE: 2

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

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

43 JULY 18, 2023 EXHIBIT A

Event Date Meeting Purpose and
Subject Matter
Location

City Official Attendees

August 17, 2023 Inland Empire Blue
Belles - Blue Ribbon
Breakfast
Ontario, CA Mayor Pro Tem Comstock,
Council Member Burton,
Council Member Flores,
Council Member Lucio

44 MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 5, 2023

TO: LINDA REICH, CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE

SUBJECT
..titl e
Adoption of Resolution 2023-053 for Annexation No. 8 of Territory into Existing Community Facilities District No. 2003-03 Improvement Area 5.

..end

RECOMMENDATION
Adopt Resolution No. 2023 -053, declaring the City of Chino’s Intention to annex Territory to Improvement Area 5 of Community Facilities District No. 2003 -3 for municipal services and schedule a public hearing for Tuesday, October 17, 2023.

..body

FISCAL IMPACT
Annexation of these properties will add an additional $ 28,704, of Special Taxes annually, to be levied within Improvement Area 5 (IA 5) of Community Facilities District No. 2003 -3 (CFD 2003- 3) to be used for certain municipal ser vices described in the Resolution of Formation for CFD No. 2003-3.

Revenue: 1001000 51200

Expenditure:

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 45 CITY COUNCIL MEETING DATE: SEPTEMBER 5, 2023
SUBJECT: ADOPTION OF RESOLUTION 2023 -053 FOR ANNEXATION NO. 8 OF TERRITORY INTO EXISTING COMMUNITY FACILITIES DISTRICT NO. 2003 -03 IMPROVEMENT AREA 5.

PAGE: 2

BACKGROUND
The City’s General Plan requires the City to ensure that new development within the city has a fiscally neutral effect on the General Fund. That principal has been applied to all new developments in The Preserve.

The City formed CFD 2003 -3 in The Preserve to pay for certain public facilities and necessary ongoing municipal services authorized by the Mello-Roos Act and the formation documents with respect to CFD 2003 -3. In addition, th e City formed IA 5 of CFD 2003 -3 for the purposes of levying special taxes exclusively for payment of municipal services and administrative expenses for IA 5 (Note: No public facilities are authorized to be financed through IA 5 and no CFD bonds will be issued payable by IA 5 Special Taxes).

The Rate and Method of Apportionment (RMA) for IA 5 includes the Special Tax rates for residential and non -residential properties. Authorized municipal services payable from IA 5 Special Taxes include maintenance of pa rkways, operation of storm drainage systems, and public safety services.

Per the Development Agreement between the City and Lewis Management Corp., properties owned by Lewis Management Corp. can annex into CFD 2003 -03 Improvement Area 5. All other properties must either form their own services CFD or annex into CFD 2020 -1 which contain an inflation provision.

ISSUES/ANALYSIS
Lewis Management Corp. has requested that one of its properties be annexed into CFD 2003- 03 IA 5. The property is an apartment complex titled Independence at the Preserve and is generally located west of East Preserve Loop and south of Market Street. This pr operty has been conditioned to annex into IA 5 and as such have submitted applications to proceed with the annexations. The annexation of these properties will provide funding for necessary municipal services provided to the properties.

The Mello-Roos Act requires t he City to adopt a Resolution of Intention to consider annexation of property into the District. The City must also set a public hearing date for no less than 30 days, and no more than 60 days after the date the Resolution of Intention is approved. Prio r to the public hearing, a public notice must be published in a local paper at least seven days prior to the public hearing. Additionally, the full notice must be mailed to the property owners prior to the election. After the public hearing has been held, assuming the City Council determines to proceed with the annexation process, an election will be held for the property owners within the territory proposed to be annexed. As there are fewer than 12 registered voters within the territory proposed to be annexed, the election will be a landowner election with each landowner receiving one vote for each acre or fraction thereof owned. Such property owners will cast their ballots which will be counted by the City Clerk, and if the annexation is approved by the property owner(s), the City Council will adopt a resolution declaring the results of the special election and ordering annexation of proposed property to IA 5 of CFD 2003-3 and the recordation of a Notice of Special Tax Lien on such annexed property.

On October 17, 2023 , a public hearing will be scheduled to consider the proposed annexation and to hear any property owners or interested parties who wish to speak to the City Council on the proposed annexation. The annexation into IA 5 of CFD 2003 -3 shall be subject to approval 46 CITY COUNCIL MEETING DATE: SEPTEMBER 5, 2023
SUBJECT: ADOPTION OF RESOLUTION 2023 -053 FOR ANNEXATION NO. 8 OF TERRITORY INTO EXISTING COMMUNITY FACILITIES DISTRICT NO. 2003 -03 IMPROVEMENT AREA 5.

PAGE: 3

of the qualified electors within the territory proposed to be annexed into IA 5 of CFD 2003-3 at a special election. The proposed voting procedure shall be by special mail delivered ballots to the landowners in the proposed annexed area of Improvement Area 5 of CFD 2003-3.

Upon adoption of Resolution No. 2023-053, ballots and a waiver form will be prepared and sent to the property owners. The waiver form allows the property owners to waive the standard 90 - day waiting period between the calling of the special election and the actual election, along with certain other procedures. Each property owner has agreed to sign the waiver to ensure the election occurs on an expedited basis.

RB/hm
Attachment: Resolution No. 2023-053 (Exhibits A, B, and C) Annexation Map No. 8

47 1

RESOLUTION NO. 2023-053

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO ,

CALIFORNIA, DECLARING INTENTION TO ANNEX TERRITORY TO
IMPROVEMENT AREA 5 OF COMMUNITY FACILITIES DISTRICT
NO. 2003-3 OF THE CITY OF CHINO AND ADOPTING MAP OF AREAS PROPOSED TO BE ANNEXED THERETO (ANNEXATION NO. 8)
WHEREAS, on May 6, 2008, the City Council of the City of Chino (the “City Council”) adopted Resolution No. 2008-21 (the “Resolution of Formation”) to form Improvement Area No. 5 (“Improvement Area 5”) of Community Facilities District No. 2003-3 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 State of California (the “Act”), and the Community Facilities District has been established for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City of Chino (the “City”) as a result of the development of said real property; and WHEREAS, in March, 2013, the City annexed certain territory to Improvement Area 5 (“Annexation No. 1”), in January, 2019, the City annexed certain additional territory to Improvement Area 5 (“Annexation No. 2”), on May 22, 2019 the City annexed ce rtain additional territory to Improvement Area 5 (“Annexation No. 3”), on July 2, 2019 the City annexed certain additional territory to Improvement Area 5 (“Annexation No. 4”), on December 3, 2019 the City annexed certain additional territory to Improvement Area 5 (“Annexation No. 5”), on April 7, 2020 the City annexed certain additional territory to Improvement Area No. 5 (“Annexation No. 6”); and on October 18, 2022 the City annexed certain additional territory to Improvement Area No. 5 (“Annexation No. 7”); and
WHEREAS, the City has received a petition from Independence at the Preserve, LLC, a Delaware limited liability company (the “Owner”), the owner of the territory described in Exhibit A attached hereto (the “Proposed Annexation Area”), requesting that such property be annexed to Improvement Area 5 of the Community Facilities District, and agreeing to the annual levy of special taxes on such property sufficient to pay the costs of such services and costs incidental thereto; and
WHEREAS, the City Counci l, acting as the legislative body of the Community Facilities District, is authorized by Article 3.5 of the Act to annex territory to Improvement Area 5 of the Community Facilities District by complying with the procedures set forth in said Article 3.5 of the Act;

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

Section 1. Intention. The City Council declares its intention to conduct proceedings pursuant to said Article 3.5 of the Act for the annexation to Improvement Area 5 of the Community Facilities District of the Proposed Annexation Area. The City Council determines that the public convenience and necessity require that such Proposed Annexation Area be annexed to Improvement Area 5 of the Community Facilities District. 48 2

Section 2. Name of the Community Facilities District . The name of the existing Community Facilities District is Improvement Area 5 of Community Facilities District No. 2003-3 of the City of Chino, County of San Bernardino, State of California.

Section 3. Description of Territory Proposed To Be Annexed; Annexation Map . The territory which is included in the Community Facilities District is described on the Fourth Amended Map of the Community Facilities District recorded on December 3, 2013 in Book 86 of Maps of Assessment and Community Facilities Districts, pages 1-7, and as Instrument No. 2013-0519677 of the official records of the County of San Bernardino. The Proposed Annexation Area proposed to be annexed to Improvement Area 5 of the Community Facilities District is described in Exhibit A attached hereto and by this reference made a part hereof. Such Proposed Annexation Area is also shown and described on the map thereof entitled “Annexation Map No. 8, Community Facilities District No. 2003-3 Improvement Ar ea 5 of City of Chino, County of San Bernardino, State of California,” which is on file with the City Clerk (the “Annexation Map”).

Section 4. Types of Services; Incidental Expenses; Plan for Providing Services . The services to be provided and financed by Improvement Area 5 of the Community Facilities District (the “Services”) consist of services permitted under the Act and described in Exhibit A to Resolution No. 2008-021 of the City Council adopted on May 6, 2008 (the “Resolution of Formation”), including, without limitation, maintenance of parks, parkways and open space; flood and storm protection services; the operation of storm drainage systems; and public safety services, within or for the benefit of Improvement Area 5 of the Community Facilities District. The Community Facilities District shall also finance costs associated with the determination of the amount of and the levy and collection of special taxes which are levied to provide such services and costs otherwise incurred in order to carry out its authorized purposes. The services described above shall be provided, as needed, throughout Improvement Area 5 of the Community Facilities District and the Proposed Annexation Area for the benefit of all owners of property and residents of Improvement Area 5 of th e Community Facilities District and the Proposed Annexation Area, and any other territory annexed thereto. All owners of taxable parcels of property within Improvement Area 5 of the Community Facilities District and the Proposed Annexation Area shall pay special taxes at the same rate to finance the annual cost of providing such services in accordance with the Rate and Method of Apportionment attached hereto as Exhibit C.

Section 5. Special Taxes. Except where funds are otherwise available, special taxes sufficient to pay the costs of the services described in Section 4 above and the annual administrative expenses of Improvement Area 5 of the Community Facilities District in determining, apportioning, levying and collecting such special taxes, shall be annually levie d within the Proposed Annexation Area. Pursuant to Section 53340 of the Act, the special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sal e, and lien priority in case of delinquency as is provided for ad valorem taxes. However, under no circumstances shall the special tax levied against any parcel subject to the levy of the special tax be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the Community Facilities District by more than ten (10) percent. The rates and method of apportionment of said special taxes shall be as set forth in Exhibit C attached hereto and by this reference made a part hereof. The rate of special tax to be levied on property within the Proposed Annexation Area in any fiscal year to pay the cost of the services described in Section 4 above shall be equal to the rate of special tax which will be levied on all other property within Improvement Area 5 of the Community Facilities District to pay the cost of such services in such fiscal year.
49 3

Section 6. Adoption of Annexation Map . Pursuant to Section 3110.5 of the California Streets and Highways Code, the City Council adopts the Annexation Map as the map of the Proposed Annexation Area to Improvement Area 5 of the Community Facilities District. Pursuant to Section 3111 of said Code, the Clerk of the City (the “City Clerk”) shall file the original of the Annexation Map in her office and shall file a copy of the Annexation Map with the County Recorder of the County of San Bernardino no later than 15 days prior to the date of the public hearing specified in Section 8 below.

Section 7. Hearing. A public hearing on the Proposed Annexation Area to Improvement Area 5 of the Community Facilities District shall be held at 6:00 p.m. on October 17, 2023 in the Council Chambers of the City Council of the City of Chino, 13220 Central Avenue, Chino, California.

Section 8. Notice. The City Clerk shall publish a noti ce of the time and place of said hearing as required by Section 53322 of the Act, and shall also give notice of the hearing by first class mail to each registered voter and landowner within the territory proposed to be annexed to the Community Facilities District as prescribed by Section 53339.4 of the Act. Said notice shall (i) be published in a newspaper of general circulation within the City at least seven (7) days prior to the date fixed for the public hearing, (ii) be mailed by first -class to the land owner within the Proposed Annexation Area, and (iii) contain the information required by Section 53339.4 of the Act.

Section 9. Description of Voting Procedures. The voting procedures to be followed in conducting the election on the proposition with respect to the l evy of special taxes within the Proposed Annexation Area to pay for the Services thereof shall be as follows:

1. If at the time of the close of the public or protest hearing (hereinafter referred to as the “protest hearing”) at least 12 persons are registered to vote within the Proposed Annexation Area, the election shall be conducted by the Registrar of Voters of the County of San Bernardino and shall be held on a date selected by the City Council in conformance with the provisions of Section 53326 of the Act and pursuant to the applicable provisions of law regulating elections of the City, insofar as they may be applicable, and pursuant to Section 53326 of the Act the ballots for the election shall be distributed to the qualified electors of the Proposed Annexation Area by mail with return postage prepaid and the election shall be conducted as a mail ballot election.

2. If at the time of the close of the protest hearing, and for at least the preceding 90 days, less than 12 persons have been registered to vote wit hin the Proposed Annexation Area, and pursuant to Section 53326 of the Act, the vote is therefore to be by the landowner of the Proposed Annexation Area, with each landowner of record at the close of the protest hearing having one vote for each acre or por tion of an acre of land that he or she owns, the election shall be conducted by the City Clerk as follows:
(a) The election shall be held on the earliest date following the conclusion of the protest hearing upon which it can be held pursuant to Section 53326 of the Act which may be selected by the City Council, or such earlier date as the Owner of land within the Proposed Annexation Area and the City Clerk agree and concur is acceptable. (b) Pursuant to Section 53326 of the Act, the election may be held earlier than 90 days following the close of the protest hearing if the qualified electors within the Proposed Annexation Area waive the time limits for conducting the election set forth in said 50 4

Section 53326 by unanimous written consent and the City Clerk concurs in such earlier election date as shall be consented to by the qualified electors. (c) Pursuant to Section 53326 of the Act, ballots for the election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid or by personal service.
(d) Pursuant to applicable provisions of law regulating elections of the City which govern the conduct of mail ballot elections, and Division 4 (commencing with Section 4000) of the California Elections Code with respect to elections conducted by ma il, the City Clerk shall mail or deliver to each qualified elector an official ballot in a form specified by the City Council in the resolution calling the election, and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a statement pursuant to Section 9401 of the said Code, an impartial analysis by the City Attorney pursuant to Section 9314 of the said Code with respect to the ballot proposition contained in the official ballot, ballot arguments and rebuttals, if any, pursuant to Sections 9315 to 9317, inclusive, of said Code, a return identification envelope with prepaid postage thereon addressed to the C ity Clerk for the return of voted official ballots, and a copy of this resolution and the exhibits hereto; provided, however, that if the vote in the election is to be by the landowner of the Proposed Annexation Area, such statement, analysis and arguments may be waived with the unanimous consent of all the landowner and shall be so stated in the resolution adopted by the City Council calling the election. (e) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have pri nted or typed thereon the name of the landowner -voter and the number of votes to be voted by the landowner-voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner -voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner -voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner -voter, to vote all votes to which the landowner -voter is entitled based on its land ownership on the proposition set forth in the official ballot as marked thereon in the voting square opposite such proposition, and further certifying as to the acreage of the landowner-voter’s land ownership within the Proposed Annexation Area. (f) The return identification envelope delivered by the City Clerk to each landowner -voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, the date of signing and place of execution of said declaration, and (vi) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk.
(g) The information-to-voter form to be mailed or delivered by the City Clerk to the landowner -voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identificat ion envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 51 5

5 o’clock p.m. on the date of the election; provided that the election shall be closed before such hour if the Clerk determines that all qualified voters have voted. (h) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the election and shall file a state ment with the City Council regarding the results of such canvass and the election.

The procedures set forth in this section for conducting the election may be modified as the City Council may determine to be necessary or desirable by a resolution subsequently adopted by the City Council.

PASSED AND ADOPTED by the City Council at a regular meeting held on the 5th day of September 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

52 6

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 Resolution was duly adopted by the City Council of the City of Chino at a regular meeting held on the 5th day of September 2023, by the following votes:

AYES: COUNCIL MEMBERS

NOES: COUNCIL MEMBERS

ABSENT: COUNCIL MEMBERS

NATALIE GONZAGA, CITY CLERK

Attachments: Exhibits A, B and C
53 A-1

EXHIBIT A

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

OWNER APN NUMBERS

APPROXIMATE

ACREAGE
Independence at the Preserve, LLC 1057-181-21 (Portion) Independence at the Preserve, LLC 1057-181-36 (Portion) Independence at the Preserve, LLC 1057-181-37 (Portion) Independence at the Preserve, LLC 1057-181-40 (Portion) TOTAL ACREAGE: 12.21

54 B-1

EXHIBIT B

DESCRIPTION OF PUBLIC FACILITIES AND SERVICES

TYPES OF PUBLIC FACILITIES
No Public Facilities are proposed to be funded by Improvement Area 5 of Community Facilities District No. 2003-3.

TYPES OF SERVICES
The types of Services t hat are proposed to be provided by Improvement Area 5 of Community Facilities District No. 2003-3 and funded with the proceeds of special taxes levied by Improvement Area 5 of Community Facilities District No. 2003-3 consist of services permitted under the Mello- Roos Community Facilities Act of 1982 including, without limitation, maintenance of parks, parkways and open space; flood and storm protection services; the operation of storm drainage systems; and public safety services. All of the services financ ed must be provided within the boundaries of or for the benefit of Improvement Area 5 of Community Facilities District No. 2003- 3, and any territory annexed thereto.

55 C-1

EXHIBIT C

RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 2003-3

OF THE CITY OF CHINO
(Improvement Area No. 5)
The following sets forth the Rate and Method of Apportionment for the levy and collection of Annual Special Tax A in Improvement Area No. 5 of the City of Chino (“City”) Community Facilities District No. 2003-3 (“CFD No. 2003-3”). An Annual Special Tax A shall be levied on and collected in Improvement Area No. 5 of CFD No. 2003-3 each Fiscal Year, in an amount determined through the application of the Rate and Method of Apportionment described below. All of the real property within Improvement Area No. 5, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.

SECTION A

DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the land area is not shown on the applicable Final Map, the land area shall be calculated by the City Engineer.
“Act” means the Mello-Roos Communities Facilities Act of 1982 as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. “Administrative Expenses” means any ordinary and necessary expenses allocable to the Special Tax A Requirement which are incurred by the City on behalf of Improvement Area No. 5 related to the determination of the amo unt of the levy of Special Tax A, the collection of Special Tax A including the expenses of collecting delinquencies, the payment of salaries and benefits of any City employee whose duties are directly related to the administration of Improvement Area No. 5, and costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2003-3 relating to Improvement Area No. 5.
“Annual Special Tax A” means the Special Tax A actually levied in any Fiscal Year on any Assessor’s Parcel.
“Apartment Property” means all Assessor’s Parcels of Residential Property on which one or more Apartment Units are constructed. In cases where an Apartment Unit has been included in its own Assessor’s Parcel through the recordation of a condominium map or similar instrum ent that creates individual lots for which building permits may be issued without further subdivision, each Assessor’s Parcel associated with an individual lot created will be classified as Apartment Property and taxed accordingly, unless a Builder Notice has been filed with the City, in which case, each Assessor’s Parcel associated with an individual lot created will be classified as Single Family Property and taxed accordingly.
“Apartment Unit” means a dwelling unit within a building comprised of attached residential units available for rental by the general public, not for sale to an end user, and under common management.
56 C-2

“Approved Property” means all Assessor’s Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the March 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued a building permit on or before March 1 st preceding the Fiscal Year in which the Special Tax A is being levied. “Assessor’s Parcel” means a lot or parcel of land designated on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number within the boundaries of Improvement Area No. 5. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that number assigned to an Assessor’s Parcel by the County for purposes of identification.
“Builder Notice” means a certified written notice to the Finance Director of the City filed by the owner of the Assessor’s Parcels within a Final Map at or prior to the time the Final Map is recorded stating that residential uses, other than Apartment Units, are planned to be constructed within such Final Map area.
“Building Square Footage” or “BSF” means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the building permit application for such Assessor’s Parcel and subject to verification by City Staff.
“Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
“CFD No. 2003-3” means Community Facilities District No. 2003-3 established by the City under the Act.
“City Council” means the City Council of the City of Chino, acting as the Legislative Body of CFD No. 2003-3, or its designee.
“County” means the County of San Bernardino.
“Developed Property” means all Assessor’s Parcels of Taxable Property that: (i) are included in a Final Map that was recorded prior to March 1 st preceding the Fiscal Year in which the Special Tax A is being levied, and (ii) a building permit was issued on or before March 1 st preceding the Fiscal Year in which the Special Tax A is being levied. “Exempt Property” means all Assessor’s Parcels designated as being exempt from Special Tax A as provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. “Fiscal Year” means the period commencing July 1 of any year and ending the following June 30. 57 C-3

“Improvement Area No. 5” means Improvement Area No. 5 of CFD No. 2003-3, as identified on the third amended boundary map for CFD No. 2003-3.
“Maximum Special Tax A” means the Maximum Special Tax A, determined in accordance with Section C that can be levied by CFD No. 2003 -3 within in any Fiscal Year on any Assessor’s Parcel.
“Non-Residential Property” means all Assessor’s Parcels of Developed Property for which a building permit was issued for any type of non-residential use. “Proportionately,” in the case of Special Tax A, means that the ratio of the Annual Special Tax A levy to the applicable Maximum Special Tax A is equal for all applicable Assessor’s Parcels. “Residential Property” means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. “Services” means services permitted under the Mello -Roos Community Facilities Act of 1982 including, without limitation, maintenance of p arks, parkways and open space; flood and storm protection services; the operation of storm drainage systems; and public safety services. All of the services financed must be provided within the boundaries of or for the benefit of CFD No. 2003-3.
“Single F amily Property” means all Assessor’s Parcels of Residential Property other than Apartment Property.
“Single Family Unit” means a dwelling unit other than an Apartment Unit. “Special Tax A” means any of the special taxes authorized to be levied within CFD N o. 2003-3 pursuant to the Act to fund the Special Tax A Requirement. “Special Tax A Requirement” means that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs of CFD No. 2003 -3 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for (i) Services, and (ii) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for Bonds.
“Taxable Property” means all Assessor’s Parcels within Improvement Area No. 5, which are not Exempt Property.
“Undeveloped Property” means all Assessor’s Parcels of Taxable Property which are not Developed Property or Approved Property.

SECTION B
CLASSIFICATION OF ASSESSOR’S PARCELS
Each Fiscal Year, beginning with Fiscal Year 2008 -09, each Assessor’s Parcel within Improvement Area No. 5 shall be classified as Taxable Property or Exempt Property. In addition, each Assessor’s Parcel of Taxable Property shall be further classified as D eveloped Property, Approved Property, or Undeveloped Property. In addition, each Assessor’s Parcel of Developed Property shall further be classified as Residential Property or Non -Residential Property. Lastly, each Assessor’s Parcel of Residential Proper ty shall further be classified as Single Family 58 C-4

Property or Apartment Property, and the Building Square Footage of each Single Family Unit or Apartment Unit within each such Assessor’s Parcel shall be determined.

SECTION C

MAXIMUM SPECIAL TAX A

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

TABLE 1
Maximum Special Tax A for Developed Property

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

2. Approved Property and Undeveloped Property
No Special Tax A shall be levied on Approved Property and Undeveloped Property. 59 C-5

SECTION D

METHOD OF APPORTIONMENT OF THE MAXIMUM SPECIAL TAX A
Commencing with Fiscal Year 2008-09 and for each following Fiscal Year, the City shall levy the Special Tax A at up to 100% of the applicable Maximum Special Tax A, Proportionately on each Assessor’s Parcel of Developed Property until the amount of Special Tax A equals the Special Tax A Requirement.

SECTION E

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

SECTION F

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

SECTION G

EXEMPTIONS
The City shall classify Exempt Property within Improvement Area 5 as (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including sc hool districts, (ii) Assessor’s Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor’s Parcels which are owned by, irrevocably offered for dedication, e ncumbered by or restricted in use by a homeowners’ association, (iv) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Assessor’s Parcels which are privately owned and are encumbered by or restricted solely for public uses or classified as Agricultural Buffer Property, or (vi) other types of public uses determined by the City Council.

SECTION H

APPEALS
Any property owner claiming that the amount or application of the Special Tax A is not correct may file a written notice of appeal with the City Council not later than twelve months after having paid the first installment of the Special Tax A that is disputed. A representative(s) of CFD No. 2003-3 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax A, and rule on the appeal. If the representative’s decision requires that the Special Tax A for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Annual Special Tax A on that Assessor’s Parcel in the subsequent Fiscal Year(s).
60 C-6

SECTION I

MANNER OF COLLECTION
The Annual Special Tax A shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2003 -3 may collect the Annual Special Tax A at a different time or in a different manner if necessary to meet its financial obligations.
61 I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE PROPOSED BOUNDARY OF ANNEXATION NO. 8 TO IMPROVEMENT AREA NO. 5 OF COMMUNITY FACILITIES DISTRICT NO. 2003-3, CITY OF CHINO, COUNTY

OF SAN BERNARDINO, STATE OF CALIFORNIA, WAS APPROVED BY THE

CITY COUNCIL OF SAID CITY OF CHINO AT A REGULAR MEETING THEREOF HELD ON THE ______ DAY OF ________________, 2023, BY RESOLUTION NO. ______________________.
_____________________________________

CITY CLERK, CITY OF CHINO
SHEET 1 OF 1
M:\GIS-Assessment\Chino\Chino_CFD2003-3_IA5_Annex8.mxd

LEGACY PARK

ACADEMY

EAST PRESERVE LOOP
M
AIN
MARKET

ESCAPADE

THIS ANNEXATION MAP CORRECTLY SHOWS THE LOT OR PARCEL

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

DIMENSIONS OF LOTS OR PARCELS REFER TO THE COUNTY
ASSESSOR'S MAPS FOR FISCAL YEAR 2023-24.

ANNEXATION MAP NO. 8

PROJECT

LOCATION
83 PINE AVE

KIMBALL AVE

CHINO-CORONA RD
EUCLID
AVE

BICKMORE AVE
GROVE
AVE

FERN AVE
COMMUNITY FACILITIES DISTRICT NO. 2003-3
IMPROVEMENT AREA NO. 5

OF THE CITY OF CHINO,

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA

VICINITY MAP

NOT TO SCALE
0 500 1,000 1,500
Feet

SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE

THIS MAP HAS BEEN FILED UNDER DOCUMENT NUMBER
__________________________ THIS _____ DAY OF
__________________ 2023 AT __________ M.

IN BOOK _________________ OF _______________________
AT PAGE _________________ AT THE REQUEST OF
_______________________________________ IN THE
AMOUNT OF $_______________________________

CHRIS WILHITE

ASSESSOR-RECORDER-COUNTY CLERK

SAN BERNARDINO COUNTY
BY: ______________________________________

DEPUTY RECORDER

THIS MAP SHOWS THE BOUNDARIES OF THE AREA PROPOSED TO BE ANNEXED INTO IMPROVEMENT AREA NO. 5 OF COMMUNITY
FACILITIES DISTRICT NO. 2003-3 OF THE CITY OF CHINO, COUNTY

OF SAN BERNARDINO, STATE OF CALIFORNA, THE BOUNDARIES OF

WHICH COMMUNITY FACILITIES DISTRICT ORIGINAL BOUNDARY MAP WAS RECORDED AS INSTRUMENT NO. 2003-083346 IN BOOK 76 OF

MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGES 11-17. THE FIRST AMENDED BOUNDARY MAP WAS RECORDED AS INSTRUMENT NO. 2005-0195713 IN BOOK 78 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGES 8-14, THE SECOND AMENDED BOUNDARY MAP WAS RECORDED AS INSTRUMENT NO.
2005-0719640 IN BOOK 78 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGES 84-90, THE THIRD AMENDED
BOUNDARY MAP WAS RECORDED AS INSTRUMENT NO. 2008-0142286 IN BOOK 83 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGES 79-85, AND THE FOURTH AMENDED BOUNDARY MAP WAS RECORDED AS INSTRUMENT NO. 2013-0519677 IN BOOK 86

OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGES 1-7. ALL MAPS HAVE BEEN RECORDED IN THE OFFICE OF THE

COUNTY RECORDER FOR THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA.

FILED IN THE OFFICE OF THE CITY CLERK OF CHINO
ON THIS ______ DAY OF _______________ , 2023
BY: _______________________________________

CITY CLERK, CITY OF CHINO

ASSESSOR PARCEL NUMBERS
1057-181-21-0000 (PORTION)
1057-181-36-0000 (PORTION)
1057-181-37-0000 (PORTION)
1057-181-40-0000 (PORTION)
Lot 4 of
Tract No. 16420-4
LEGEND

ANNEXATION BOUNDARY

LOT BOUNDARY

PARCEL BOUNDARY

ASSESSOR'S PARCEL NUMBERXXXX-XXX-XX-XXXX

FOR DETAILS CONCERNING THE LINES AND DIMENSIONS

OF THE TRACT/LOT(S) INCLUDED WITHIN THE BOUNDARIES

OF THE PROPOSED COMMUNITY FACILITIES DISTRICT ANNEXATION,

REFER TO THE COUNTY RECORDER'S TRACT MAP FILED UNDER
DOCUMENT NUMBER 2023-0079637, THE 5TH DAY OF
APRIL, 2023 AT 1:09 P.M. IN BOOK NUMBER 364 OF TRACT
MAP AT PAGE 87-91.
62 MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 5, 2023

TO: LINDA REICH, CITY MANAGER
FROM: WARREN MORELION, INTERIM DIRECTOR OF DEVELOPMENT SERVICES

SUBJECT
..titl e
Adoption of Ordinance No. 2023 -017 amending multiple sections of Title 15 of the Chino Municipal Code (Second Reading).
..end

RECOMMENDATION
Approve the adoption of Ordinance No. 2023 -017 on second reading, a mending multiple sections of Title 15 of the Chino Municipal Code to incorporate updates to the City’s Climate Action Plan and update the rooftop solar permitting process to include SolarAPP+. ..body

FISCAL IMPACT
There is no fiscal impact.

Revenue:

Expenditure:

Transfer In: Transfer Out:
63 CITY COUNCIL MEETING DATE: SEPTEMBER 5, 2023
SUBJECT: ADOPTION OF ORDINANCE NO. 2023 -017 AMENDING MULTIPLE SECTIONS OF TITLE 15 OF THE CHINO MUNICIPAL CODE (SECOND READING).

PAGE: 2

BACKGROUND
This matter was introduced on first reading by the Council at their July 19, 2023 meeting. The ordinance amends sections of Title 15 of the Chino Municipal Code to incorporate updates to the City’s Climate Action Plan and update the rooftop solar permitting process to include SolarAPP+ to meet State requirements, furthering the City’s goal of effective technology and providing responsible long-range planning.

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

ISSUES/ANALYSIS
ORDINANCE NO. 2023-017:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING MULTIPLE SECTIONS OF TITLE 15 OF THE CHINO MUNICIPAL CODE TO INCORPORATE UPDATES TO THE CITY’S CLIMATE ACTION PLAN AND UPDATE THE ROOFTOP SOLAR PERMITTING PROCESS TO INCLUDE SOLARAPP+.

64 01225.0005/901810.2
ORDINANCE NO. 2023-017

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CHINO, CALIFORNIA, AMENDING MULTIPLE SECTIONS OF
TITLE 15 OF THE CHINO MUNICIPAL CODE TO INCORPORATE
UPDATES TO THE CITY’S CLIMATE ACTION PLAN AND

UPDATE THE ROOFTOP SOLAR PERMITTING PROCESS TO
INCLUDE SOLARAPP+

WHEREAS, the City adopted its first Climate Action Plan (CAP) in November 2013, which served as the City’s primary policy document for addressing greenhous e gas (GHG) emission reductions. Since the adoption of the City’s CAP, the State has enacted new climate change regulations. To ensure conformity with the latest State climate change regulations, the CAP was updated by the City in November 2020. The City now desires to amend Section 15.45.070 of the municipal code to reflect the updated greenhouse gas reduction requirements for new developments per the City’s Climate Action Plan Update; and

WHEREAS, Senate Bill 379, the Solar Access Act, requires cities an d counties to streamline the permitting process for solar permits. The U.S. Department of Energy supports an application called SolarAPP+ that is currently being used by other local jurisdictions and is said to be efficient and provide a high level of service to residents and developers. The application is believed to save time and funds, and would potentially encourage residents to apply for solar due to the streamlined permitting process, thus improving economic development and achieving renewable energy goals. The City is incorporating SolarAPP+ into its permitting process and now desires to amend Section 15.46.010 of the municipal code to reflect the availability of SolarAPP+ for City permits.

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

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

Section 2. Section 15.45.070 of Chapter 15.45 of the Chino Municipal Code is hereby amended as follows (additions in bold underline; deletions in bold strikethrough):

15.45.070 - GHG Performance Standard for New Development.

All new development in the city shall contribute to the reduction of greenhouse gas emissions by demonstrating consistency with the climate action plan by implementing one or a combination of the following three options:

1. Exceed by three percent the mandatory California Energy Code Title 24, Part 6 standards, in effect at the time of development application submittal by five percent for discretionary review; or

2. Achieve an equivalent reduction through voluntary measures in the California Green Building Standards Code, Title 24, Part 11 (CALGreen) in effect at the time of development application sub mittal for discretionary review; or
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3. Provide other equivalent greenhouse gas (GHG) reductions through measures including, but not limited to, non -vehicle transportation infrastructure, transit, ZEV (zero emission vehicle) infrastructure or other incentives, waste diversion, water conservation, tree planting, renewable energy option packages, or any combination of these or other measures such that GHG emissions are reduced by 0.04 0.074 MT CO2e per residential dwelling unit per year and/or 0.11 MT CO2e per thousand square feet of commercial/industrial development use per year.

Applicants that choose Option 1 described above will be required to verify that their project meets the three five percent improvement above the mandatory standards through the appropriate certificate of compliance form for residential construction (CF-1R) or for commercial/industrial construction (PERF -1C). Applicants that choose Options 2 or 3 described above will be require d to utilize the GHG Performance Standard Checklist developed by the city, or provide other valid documentation, such as CalEEMod or other methodologies, as verified by the director of community development services to demonstrate the required GHG reductions consistent with the city's CAP.

Section 3. Section 15.46.010 of Chapter 15.46 of the Chino Municipal Code is hereby amended as follows with the remainder of the Section unchanged (additions in bold underline; deletions in bold strikethrough):

15.46.010 - Small Residential Rooftop Solar Energy System Review Process.

A. The following words and phrases as used in this section are defined as follows:

Electronic submittal means the utilization of one or more of the following:

1. E-mail;

2. The internet;

3. Facsimile. ;

4. SolarAPP+.

Small residential rooftop solar energy system means all of the following:

1. A solar energy system that is no larger than 38.4 kilowatts alternating current nameplate rating or thirty kilowatts thermal.

2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the city and paragraph (iii) of subdivision (c) of Section 714 of the Civil Code, as such section or subdivision may be amended, renumbered, or re-designated from time to time.

3. A solar energy system that is installed on a single or dup lex family dwelling.

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4. A solar panel or module array that does not exceed the maximum legal building height as defined in this Code or applicable provisions of state law.

Solar energy system has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or re -designated from time to time.
…

G. The Solar Automated Permit Processing Plus (SolarAPP+) software is an online platform that provides plan review and instantly issues permits for code -compliant residential photovoltaic (PV) systems.

This option is integrated with the city’s existing permitting software, Accela Citizen’s Access, and will pro vide applicants with an expedited review and permit issuance with a $25.00 administrative fee payable to SolarAPP+, in addition to the city’s permit fees.

Section 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person or circumstances, is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared to be severable. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.

Section 5. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its second reading and adoption.

Section 6. Certification. 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 the Chino Champion, a newspaper of general circulation, within said City in accordance with the provisions of the Government Code.

ADOPTED THIS 5TH DAY OF SEPTEMBER 2023.

By:

EUNICE M. ULLOA, MAYOR

ATTEST:

By:

NATALIE GONZAGA, CITY CLERK

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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §

CITY OF CHINO )

I, Natalia Gonzaga, City Clerk of the City of Chino do hereby certify that the foregoing Ordinance of the City of Chino was duly adopted by said City Council at a reg ular meeting held on the 5th day of September 2023 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

By:

NATALIE GONZAGA, CITY CLERK

68 MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 5, 2023

TO: LINDA REICH, CITY MANAGER
FROM: WARREN MORELION, AICP, INTERIM DEVELOPMENT SERVICES DIRECTOR

SUBJECT
..titl e
Accept the public improvements for Orbis Real Estate Partners pertaining to Kimball Business Park Phase II / Parcel Map No. 19689 as complete and authorize release of the performance bond and initiate the warranty bond.

..end

RECOMMENDATION
1) Appropriate $122,264.85 from the unappropriated reserves of the Transportation Fund with a corresponding year -end transfer from The Preserve Circulation (Streets, Signals & Bridges) Development Impact Fee Fund in the same amount; 2) accept public improvements as complete for the Kimball Business Park Phase II / Parcel Map No. 19689; 3) authorize release of the performance bond and init iate the warranty bond; 4) approve an immediate reimbursement to Orbis Real Estate Partners in the amount of $122,264.85 for surplus Circulation (Streets, Signals & Bridges) credits; and 5) authorize the City Manager to execute the necessary documents on behalf of the City.
..body

FISCAL IMPACT
Requires an appropriation of $122,264.85 from the unappropriated reserves of the Transportation Fund 320 with a corresponding year -end transfer from The Preserve Circulation (Streets, Signals & Bridges) Devel opment Impact Fee Fund 260 in the same amount. There is sufficient fund balance in Fund 260 for this transaction.

Additionally, there are sufficient funds included in the City’s Operating Budget to support the ongoing maintenance activities related to the public improvements being accepted.

Revenue:

Expenditure: 3207100-43640
Transfer In: 3201000-50000 Transfer Out: 2601000-40001
69 CITY COUNCIL MEETING DATE: SEPTEMBER 5, 2023
SUBJECT: ACCEPT THE PUBLIC IMPROVEMENTS FOR ORBIS REAL ESTATE PARTNERS PERTAINING TO KIMBALL BUSINESS PARK PHASE II / PARCEL MAP NO. 19689 AS

COMPLETE AND AUTHORIZE RELEASE OF THE PERFORMANCE BOND AND INITIATE THE WARRANTY BOND.

PAGE: 2

BACKGROUND
Parcel Map No. 19689 consists of approximately 70 acres of land for the phased construction of a 1,203,050 square foot industrial park ("Kimball Business Park"). The project initially consisted of eight industrial buildings (Phase I) and 17 business park buildings (Phase II) in the Light Industrial and Airport Related land use designations of The Preserve. The project is generally located on the north side of Kimball Avenue, west of Hellman Avenue, east of Flight Avenue, and south of Remington Avenue. Parcel Map No. 19689 was conditionally approved by the City of Chino Planning Commission on July 18, 2016 (Exhibit A - Location Map). Following this approval, the Developer modified the Phase 2 portion of the project that fronts Kimbal l Avenue to reduce the number of buildings from 17 to 12 with a corresponding increase to the size of the proposed buildings.

The Conditions of Approval ("COA") for Parcel Map No. 19689 required the developer, Chino Kimball Industrial, LLC (“Developer”), to construct various public improvements to mitigate the project’s impacts along streets such as Kimball Avenue, Flight Avenue, and Hellman Avenue. The public improvements were constructed to the satisfaction of the City Engineer and were accepted by the City Council on November 17, 2020.

The Developer completed the public improvements as part of Phase I of the Kimball Business Park, which consists of the eight industrial buildings. The Developer then subsequently sold a portion of Phase II to Orbis Real E state Partners ("Orbis"), who later received Planning Commission approval on March 1, 2021 for a developer modification to remove two proposed buildings located at the northwest corner of Kimball Avenue and Hellman Avenue. In addition, Orbis received a sit e approval and conditional use permit to replace the two buildings with a small commercial development consisting of an 8 -pump gas station/convenience market with a quick serve restaurant, and a separate multi-tenant building with drive-thru.

The City required Orbis to construct additional public improvements along the property frontage that were needed to serve the project. Consequently, staff prepared a Public Improvement Agreement, which was approved by the City Council on April 20, 2021 to guarantee t he completion of the public improvements.

ISSUES/ANALYSIS
The public improvements are complete and have been constructed to the satisfaction of the City Engineer. The public improvements that are being accepted include new water services , sidewalk, drive approach, and street paving improvements (Exhibit D – Public Improvements Index Map). The public improvements have been constructed to meet City and all applicable accessibility requirements.

Additionally, Chino Kimball Industrial, LLC assigned Cir culation (Streets, Signals & Bridges) Development Impact Fee (“DIF”) credits to Orbis per the terms of the Construction Credit/Reimbursement Agreement No. 2021 -178 in the amount of $709,116.00. Orbis’s DIF obligation was less than the credit amount of $70 9,116, therefore, Orbis is entitled to a reimbursement in the amount of $122,264.85 as shown in the summary below.

Total DIF Obligation $ (586,851.15)
Credit Assignment $ (709,116.00)
70 CITY COUNCIL MEETING DATE: SEPTEMBER 5, 2023
SUBJECT: ACCEPT THE PUBLIC IMPROVEMENTS FOR ORBIS REAL ESTATE PARTNERS PERTAINING TO KIMBALL BUSINESS PARK PHASE II / PARCEL MAP NO. 19689 AS

COMPLETE AND AUTHORIZE RELEASE OF THE PERFORMANCE BOND AND INITIATE THE WARRANTY BOND.

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Reimbursement $ 122,264.85
All required development related fees have been paid and security for a one -year warranty period has been submitted. Under the warranty bond obligation, the developer will correct any defects found within one-year of City Council’s acceptance of the project. Also, upon completion and acceptance, the public improvements will become the sole exclusive property of the City to operate and maintain.

Attachment: Exhibit A - Location Map
Exhibit B - Fully Executed Public Improvement Agreement & Bonds Exhibit C - Fully Executed Construction Credit & Reimbursement Agreement Exhibit D - Public Improvements Index Map

71 1
Exhibit A
PARCEL MAP NO. 19689

LOCATION MAP

72 PUBLIC IMPROVEMENT AGREEMENT
by and between

CITY OF CHINO
and

ORBIS REAL ESTATE PARTNERS
01225. 0006/ 367559. 3 Updated 10- 2020
73 PUBLIC IMPROVEMENT AGREEMENT BETWEEN

THE CITY OF CHINO
AND

ORBIS REAL ESTATE PARTNERS
Agreement Date: April 20, 2021
Developer' s Name: Orbis Real Estate Partners
Project Description: Master Site Approval PL15- 0527, Special Conditional Use Permit PL15-0528, Tentative Parcel Map 19689 PL15-0529, and Site Approval PL15-0530 as presented by Developer, consists of approximately 70 acres of land for the construction of a 1, 203, 050 square foot industrial park. The project consists of eight industrial buildings ranging in size from 44, 000 square feet to 352, 000 square feet, and 17 business park buildings ranging in size from 5,825 square feet to 11,500 square feet in the LI ( Light Industrial) and AR ( Airport Related) land use designations of The Preserve SpecificPlan. TheprojectisgenerallylocatedonthenorthsideofKimballAvenue, west of Hellman Avenue, east of Flight Avenue, and south of Remington Street.

Parcel Map No.: PL15- 0529
Estimated Total Cost of Improvements: $ 81, 000. 00
Security:

Bond No.: PB00067200381
Surety: Philadelphia Indemnity Insurance Company
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74 Designees for the Service of Written Notice:

CITY: DEVELOPER:

Chris Magdosku Jason Huber, PE
City Engineer VP Construction & Entitlements
13220 Central Avenue Orbis Real Estate Partners
Chino, CA 91710 280 Newport Center Dr., Suite 240
Newport Beach, CA 92660
909) 334- 3417
cmagdosk, u( cr7,cityofchino. org 626) 786- 7525
jhuber( corbisrep. com

CITY PROJECT INSPECTOR SURETY
Isaac Ortega Philadelphia Indemnity Insurance Company
Permit & Inspection Supervisor
13220 Central Avenue
Chino, CA 91710
909) 334- 3501
iortega( a,cityofchino. orq
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75 TABLE OF CONTENTS

1. Construction Obligations 1

1. 1 Works of Improvement

1. 2 Other Obligations Referenced in Conditions of Approval

1. 3 Intent of Plans

1. 4 Survey Monuments

1. 5 Performance of Work

1. 6 Changes in the Work

1. 7 Defective Work

1. 8 No Warranty by City

1. 9 Authority of the City Engineer

1. 10 Documents Available at the Site

1. 11 Inspection

1. 12 Compliance with Law; Applicable Standards for Improvements

1. 13 Suspension of Work

1. 14 Erosion and Dust Control and Environmental Mitigation

1. 15 Final Acceptance of Works of Improvement

1. 16 Vesting of Ownership

1. 17 Developer's Obligationto Warn Public DuringConstruction

1. 18 Injuryto Public Improvements, Public Propertyor Public Utility

2. Time for Performance 5

2. 1 Commencement and Completion Dates

2. 2 Phasing Requirements

2. 3 Force Majeure

2. 4 Continuous Work

3. Labor 6

3. 1 Labor Standards

3. 2 Nondiscrimination

3. 3 Licensed Contractors

3. 4 Workers' Compensation

4. Security 7

4. 1 Required Security

4. 2 Form of Security Instruments

4. 3 Developer' s Liability

4. 4 Letters of Credit

4. 5 Release of Security Instruments
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76 5. Cost of Construction and Provision of Inspection Service 10

5. 1 Developer Responsible for All Related Costs of Construction

5. 2 Paymentto Cityfor Costof RelatedInspectionandEngineeringServices

5. 3 Payment of Development Impact Fees

6. Acceptance of Offers of Dedication 10

7. Warranty of Work 10

8. Default 11

8. 1 Default by Developer

8. 2 Remedies

8. 3 Remedies Not Exclusive

8. 4 Attorney' s Fees and Costs

8. 5 Waiver

9. Indemnity/ Hold Harmless 12

10. Developer' s Indemnity of Project Approval 13

11. Insurance Requirements 13

12. Environmental Warranty 15

13. General Provisions 16

13. 1 Successors and Assigns

13. 2 No Third Party Beneficiaries

13. 3 No Vesting Rights

13. 4 Developer is Not Agent of City

13. 5 Time of the Essence

13. 6 Notices

13. 7 No Apportionment

13. 8 Severability

13. 9 Captions

13. 10 Incorporation of Recitals

13. 11 Interpretation

13. 12 Entire Agreement; Waivers and Amendments

13. 13 Counterparts

14. Authority 18
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77 PUBLIC IMPROVEMENT AGREEMENT
THIS PUBLIC IMPROVEMENT AGREEMENT ( this " Agreement") is entered into this 20th day of April, 2021, by and between the CITY OF CHINO, a municipal corporation, organizedandexistingin the Countyof SanBernardino, underandby virtueof the lawsof the State of California, (" CITY"), and ORBIS REAL ESTATE PARTNERS (" DEVELOPER").

RECITALS
A. Developeris the owner of certainreal propertylocatedin the City of Chino, County of San Bernardino, State of California ( the " Property"), as described on Exhibit " A", which Developer proposes to develop and construct certain works of improvement thereon, as hereafter set forth.

B. Developerhas appliedfor and receivedconditionalapprovalfrom the City to construct off-site water improvements, at Hellman and Kimball Avenues ( the " Project").

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

D. The Developeracknowledgesfamiliaritywith the variousrequirementsfor public improvementscontained in the Chino MunicipalCode and agrees to comply therewith.

COVENANTS
Baseduponthe foregoingRecitalswhichare incorporatedhereinby referenceand in considerationof City's site plan or other entitlementsfor the Property and permitting development of the Property to proceed, Developer agrees to timely perform all of its obligations as set forth herein.

1. Construction Obligations.

1. 1. Works of Improvement. Developer agrees, at its sole cost and expense, to construct or install, or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer, street lighting, landscaping, utility, and other improvements more fully described as Exhibit " B" attached hereto ( the " Works of Improvement"), as the same may be supplemented and revised from time to time as set forth in this Agreement (said plans and specifications, together with all related documents, the " Plans"). The estimated construction cost for the Works of Improvement is $ 81, 000. 00.

1. 2. Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Developer shall satisfy all of the other Conditions associated with the Project and the Property. The Conditions associated with the Map are included in Exhibit " B" attached hereto.

1. 3. Intent of Plans. The intent of the Plans referencedin Section 1.1 is to prescribe a completework of improvement which Developer shall perform or cause to be performed in a 01225. 0006/ 367559. 3
1 78
manner acceptable to the City Engineer, ( or designee), and in full compliance with all codes and the terms of this Agreement. Developer shall complete a functional or operable improvementor facility, even though the Plans may not specifically call out all items of work required for Developer' s contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Developer or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the eventof any doubtor questionarisingregardingthe true meaningof any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final.

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

1. 4. Survey Monuments. Before final approval of street improvements, Developer shallplacesurveymonumentsin accordancewiththeprovisionsof the StateSubdivisionMap Act, the Subdivision Ordinance of the City of Chino, and any other applicable law. Developer shallprovidesecurityfor suchobligationas providedin Section4.1(a)(iii) and, aftersettingthe monuments, Developer shall furnish the City Engineer written notice of the setting of said monuments and written proof of having paid the engineer or surveyor for the setting of said monuments.

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

1. 6. Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvementas specifiedhereinor as deemednecessaryor desirableby theCityEngineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Developer or its contractor in writing ( by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Developer or its contractor shall be bindingon Cityunlessapprovedin writingby the City Engineer. The Cityand Developermay mutually agree upon changes to the Works of Improvement, subject to the security requirements in Section 4.

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

1. 8. No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Developer or its consultants or contractors, and City makes no representationor warranty, express or implied, to Developeror to any other person regarding the adequacy of the Plans or related documents.
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1. 9. Authority of the City Engineer. In addition to the authority granted to the City Engineerelsewherein thisAgreement, the CityEngineershallhavethe authorityto decideall questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Developer and its contractor.

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

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

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

The inspectionof the work by City shallnot relieveDeveloperor its contractorof any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstandingthat such materialsor work may have been previously overlooked or accepted.

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

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

1. 13. Suspension of Work. The City Engineershall have authority to order suspension of the work for failure of the Developer's contractor to comply with law pursuant to Section

1. 12. In case of suspension of work for any cause whatsoever, Developer and its contractor shall be responsible for all materials and shall store them properly if necessary, and shall providesuitable interim drainage and/or dust control measures, and erect temporary structures where necessary.
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1. 14. Erosion and Dust Control and Environmental Mitigation. All grading, landscaping, and constructionactivitiesshall be performedin a mannerto controlerosionand prevent flooding problems. The City Engineershall have the authorityto requireerosionplans to prescribe reasonable controls on the method, manner, and time of grading, landscaping, and construction activities to prevent nuisances to surrounding properties. Plans shall include without limitation temporary drainage and erosion control requirements, dust control procedures, restrictions on truck and other construction traffic routes, noise abatement procedures, storage of materials and equipment, removal of garbage, trash, and refuse, securingthe job site to prevent injury, and similar matters.

1. 15. Final Acceptance of Works of Improvement. After Developer' s contractor has completed all of the Works of Improvement, Developershall then request a final inspection of the work. If items are found by the City's inspectorsto be incompleteor not in compliancewith thisAgreementor anyof the requirementscontainedor referencedherein, Citywill informthe Developer or its contractor of such items. After the Developer' s contractor has completed these items, the procedure shall then be the same as specified above for the Developer's contractor' s initial request for final inspection. If items are found by City's inspectors to be incomplete or not in compliance after two ( 2) " final" inspections, the City may require the Developer or its contractor, as a condition to performingfurther field inspections, to submit in writinga detailedstatementof the work performedsubsequentto the date of the previous inspection which was found to be incomplete or not in compliance at that time. Developer shall be responsiblefor paymentto City Engineerof re-inspectionfees in the amountnecessaryto covertheCity's costsforadditionalfinalinspections, asdeterminedbythe CityEngineer.

No inspection or acceptance pertaining to specific parts of the Works of Improvement shallbe construedas finalacceptanceof anypartuntilthe overallfinalacceptanceby theCity Engineer is made. The City Engineer shall make a certification of completion and acceptance ontheWorksof Improvementbyrecordationofa NoticeofAcceptanceon behalfoftheCity.

Final acceptanceshall not constitute a waiver by the City Engineerof defectivework subsequently discovered.

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

1.16. Vestingof Ownership. Uponrecordationof the Noticeof Acceptance, ownership of the Works of Improvementshall vest in the City.

1.17. Developer' s Obligation to Warn Public During Construction. Until recordation of the Noticeof Acceptance, Developershallgive goodand adequatewarningto the publicof any dangerous condition of the Works of Improvements, and shall take reasonable actions to protect the public from such dangerous condition. Until recordation of the Notice of Acceptance, Developer shall provide forty- eight ( 48) hours' advance written notice to all neighboring property owners and tenants affected by Developer' s operations or construction of the hours, dates and duration of any plannedconstructionactivities.

1. 18. Injury to Public Improvements, Public Property or Public Utility. Until recordation of the Noticeof Acceptanceof the Worksof Improvement, Developerassumesresponsibility for the care and maintenance of, and any damage to, the Works of Improvements. Developer shallreplaceor repairall Worksof Improvements, publicproperty, publicutilityfacilities, and 01225. 0006/ 367559. 3
4 81
surveying or subdivision monuments and benchmarks which are destroyed or damaged for any reason, regardless whether resulting from the acts of the Developer, prior to the recordation of the Notice of Acceptance. Developer shall bear the entire cost of such replacementor repairs regardless of what entity owns the underlying property. Any repair or replacementshall be to the satisfaction, and subjectto the approval, of the City Engineer.

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

2. Time for Performance.

2. 1. Commencement and Completion Dates. Subject to Sections 2. 2 and 2. 3 below, Developer shall ( i) commence with construction and installation of the Works of Improvement thirty ( 30) days following City' s approval of the Plans (" Commencement Date"); and ( ii) complete or cause to be completed all of the Works of Improvementwithin two (2) years after the Commencement Date. In the event good cause exists as determinedby the City Engineer, the time for commencement of construction or completion of the Works of Improvement hereundermay be extended by up to three (3) additionalone year periods. Extensionsshall be executed in writing by the City Engineer. The City Engineer in his or her sole discretion determineswhether or not the Developer has established good cause for an extension. As a conditionof suchextension, the City EngineermayrequireDeveloperto furnishnewsecurity guaranteeing performance of this Agreement, as extended, in an increased amount to compensate for any increase in construction costs as determined by the City Engineer. If Developer requests and is granted an extension of time for completion of the improvements, City may apply the standards in effect at the time of the extension.

2. 2. Phasing Requirements. Notwithstanding the provisions of Section 2. 1, the City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies the City may have for Developer's failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Developer acknowledges City's right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Developer shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. Final inspections or issuance of Certificates of Occupancymay be withheldfrom the Developerby the City, if, upona determinationby the City Engineer, completion of specific Works of Improvements or other requirements associated with the developmentof the Propertyhave not been completedto the City Engineer's satisfaction.

2. 3. Force Majeure. Notwithstanding the provisions of Section 2. 1, Developer' s time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Developer, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, pandemics, acts or failures to act of a public agency (including City), required changes to the scope of work required by City, and similar causes; provided, 01225. 0006/ 367559. 3
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however, thattheperiodofanyenforceddelayhereundershallnotincludeanyperiodlonger than five ( 5) days prior to City' s receipt of a written notice from Developer or its contractor detailingthe groundsfor Developer's claim to a right to extend its time for performance hereunder. The City Engineer shall evaluate all claims to Force Majeure and make a reasonable determination regarding the length of any extension of time for commencement and/or completionof the Works of Improvementand the City Engineer's decision shall be final.

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

3. Labor.

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

3. 2. Nondiscrimination. In accordance with the California Fair Employment and Housing Act (" FEHA"), California Government Code Section 12940 et seq., Developer agrees that Developer, its agents, employees, contractors, and subcontractorperformingany of the Works of Improvementshall not discriminate, in any way, against any person on the basis of race, ethnicity, religious creed, color, national origin, ancestry, physical disability, mental disability, medicalcondition, geneticinformation, maritalstatus, sex, gender, genderidentity, gender expression, age, sexual orientation, or military and veteran status. Developer shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of this Agreement.

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

3. 4. Worker' s Compensation. Developer shall cause every contractor and subcontractor performing any of the Works of Improvementto carry Workers' Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverageprior to such contractor or subcontractorentering onto the job site.

4. Security.

4. 1. Required Security.
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a) At the time Developerexecutesthis Agreement, Developer shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretionand satisfyingthe requirementsof the applicableprovisionsof this Section 4 below (hereinafter "Security Instruments"):
i) A Security Instrumentsecuring Developer's faithful performanceof all of the Works of Improvement (" Faithful Performance Security Instrument"), in the amount of $ 81, 000. 00 equal to 100% of the estimated construction cost referenced in Section 1.1.
ii) A Security Instrument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/ or equipment (" Labor and Materials Security Instrument") with respect to the Works of Improvement in an amount equal to 40, 500. 00 equal to 50% of the estimated construction cost referenced in Section 1. 1.

This Agreementshall not be effectivefor any purpose until such Security Instrumentsare supplied to and approvedby City in accordanceherewith. b) Required Security Instrument for Maintenance and Warranty. Prior to the City Council' s acceptance of the Works of Improvement and recordation of a Notice of Completion, Developer shall deliver a Security Instrument warranting the work accepted for a period of one ( 1) year following said acceptance Maintenance and Warranty Security Instrument"), in the amount of $ 8, 100. 00 equal to 10% of the estimated construction cost set forth in Section 1. 1 or a suitable amount determined by the City Engineer.

4. 2. Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4. 1 ( a) or 4. 1( b), as applicable, shall meet the following minimum requirementsand otherwiseshall be in a formprovidedby Cityor otherwiseapprovedby the City Attorney:
a) Bonds. For Security Instrumentsprovided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A- IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody' s or Standard & Poor' s.
b) Letters of Credit. For Security Instrumentswhich are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Developer is in default under its payment or performance obligations hereunder or in the event Developer fails to deliver a 01225 0006/ 367559. 3
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replacement letter of credit not less than thirty ( 30) days prior to the date of expirationof anysuchletterof creditandshallfurtherbesubjectto the provisions of Section 4. 4.
c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Developer' s interest in funds on deposit in one or more bank accountswith financial institutionsacceptable to City. d) General Requirementsfor all Security Instruments. i) Payments under any Security Instruments shall be required to be made ( and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Chino, State of California and the Security Instrument shall so provide).
ii) Each Security Instrument shall have a minimum term of one ( 1) year after the deadline for Developer's completing the Works of Improvement, in accordance with Section 2. 1 ( other than Instruments of Credit, which shall have no defined term or expiration date).
iii) Each Security Instrumentshall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. iv) If the Developerseeksto replaceanysecuritywithanothersecurity, the replacement shall: ( 1) comply with all the requirements for security in this Agreement; ( 2) be provided by the Developer to the City Engineer; and ( 3) upon its written acceptance by the City Engineer, be deemed a part of this Agreement. Upon the City Engineer' s acceptance of a replacement security, the former security shall be released by the City.

4. 3. Developer' s Liability. While no action of Developer shall be required in order for City to realize on its security under any Security Instrument, Developer agrees to cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to preventCityfromsuchrealizationofanySecurityInstrument. Notwithstandingthegivingofany SecurityInstrumentor the subsequentexpirationof any SecurityInstrumentor any failureby any surety or financial institutionto perform its obligationswith respect thereto, Developershall be personally liable for performance under this Agreement and for payment of the cost of the laborand materialsfor the improvementsrequiredto be constructedor installedherebyand shall, withinten (10) daysafterwrittendemandtherefor, deliverto Citysuchsubstitutesecurity as City shall require satisfying the requirements in this Section 4.

4. 4. Letters of Credit.
a) In the event a letter of credit is given pursuant to Section 4. 2( b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit 01225. 0006/ 367559. 3
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expiring in not less than one ( 1) year, unless City agrees to a lesser term in City's soleandabsolutediscretion) is notdeliverednot lessthanthirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and havingthe terms and conditions as the initial letter of creditdeliveredhereunder, issuedbya financialinstitutionacceptableto City as of the date of delivery of the replacement letter of credit. b) In the eventof drawby the Cityon a letterof credit, the Citymayelect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Developer. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafterat any time elect insteadto applysuchfundsas provided in the foregoing. Developeragreesand herebygrantsCity a security interestin suchaccountto the extentrequiredfor Cityto realizeon its interests therein, and agrees to execute and deliver to City any other documents requestedby City in order to evidencethe creationand perfectionof City's security interest in such account.

4. 5. Releaseof SecurityInstruments. The City shall releaseall SecurityInstruments consistent with Government Code Sections 66499. 7 and 66499. 8, Section 19. 09. 010 of the Chino Municipal Code, and as follows:
a) City shall release the Faithful PerformanceSecurity Instrument and Labor and Materials Security Instrumentwhen all of the following have occurred:
i) Developerhas made written request for release and provided evidence of satisfaction of all other requirements in this Section 4. 5; ii) the Works of Improvement have been accepted;
iii) Developer has delivered the Maintenanceand Warranty Security Instrument; and
iv) after passage of the time within which lien claims are required to be made pursuant to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Developer has provided a statutory bond, or otherwise as required by applicable law.
b) City shall release the Maintenanceand Warranty Security Instrument upon Developer' s written request upon the expiration of the warranty period, and settlement of any claims filed during the warranty period. c) The City may retain from any security released, an amount sufficient to covercostsand reasonableexpensesandfees, includingreasonableattorney's fees.
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5. Cost of Constructionand Provisionof InspectionService.

5. 1. Developer Responsible for All Costs of Construction. Developer shall be responsiblefor paymentof all costs incurredfor constructionand installationof the Worksof Improvement. In theeventDeveloperis entitledto reimbursementfromCityfor anyof the Worksof Improvement, suchreimbursementshallbe subjectto a separateReimbursement Agreementto beenteredintobetweenDeveloperandCitypriorto constructionofthe Worksof Improvement.

5. 2. Paymentto City for Cost of RelatedInspectionand EngineeringServices.

DevelopershallcompensateCity for all of City's costsreasonablyincurredin havingits authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Developer shall compensate City for all design, plan check, evaluating any proposed or agreed- upon changes in the work. The procedures for deposit and paymentof such fees shall be as establishedby the City. In no event shall Developerbe entitledto additionalinspectionsor a final inspectionand acceptanceof any of the Worksof Improvementuntilall Cityfees and chargeshavebeenfully paid, includingwithoutlimitation, charges for applicable penalties and additional required inspections.

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

3. 45, as applicable.

6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the approvals for the Project, with acceptanceto becomeeffectiveuponcompletionand acceptanceby Cityof the Works of Improvement.

7. Warranty of Work. Developer shall guarantee all Works of Improvement against defective materials and workmanship for a period of one ( 1) year from the date of final acceptance. If any of the Works of Improvementshould fail or prove defective within said one 1) yearperioddueto any reasonotherthanimpropermaintenance, or if any settlementof fill or backfill occurs,
or should any portion of the Works of Improvementfail to fulfill any requirements of the Plans, Developer, within fifteen ( 15) days after written notice of such defects, or within such shorter time as may reasonablybe determined by the City in the event of emergency, shall commenceto repair or replacethe sametogetherwith any otherwork which may be damaged or displaced in so doing. Should Developer fail to remedy defective material and/or workmanship or make replacementsor repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required laborandmaterialsshall be chargeableto andpayableby Developer. The warrantyprovided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law.

8. Default.

8. 1. Default by Developer. Default by Developer shall include, but not be limited to:
a) Developer' s failure to timely commence construction of Works of Improvement under this Agreement;
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b) Developer's failure to timely complete construction of the Works of Improvement;
c)
Developer'sfailuretoperformsubstantialconstructionworkfora periodfor 20 consecutive calendar days after commencement of the work; d) Developer' s insolvency, appointment of a receiver, or the filing of any petitionin bankruptcy, eithervoluntaryor involuntary, which Developerfails to discharge within 30 days;
e)
The commencementof a foreclosureactionagainstthe Propertyor a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or f) Developer's failure to performany other obligation under this Agreement.

8. 2. Remedies. The City reservesall remediesavailableto it at law or in equityfor a defaultor breachof Developer's obligationsunderthis Agreement. The City shall have the right, subjectto thisSection, to drawuponor usethe appropriatesecurityto mitigatetheCity's damagesintheeventofdefaultbyDeveloper. TheCity's righttodrawuponorusethesecurity is in addition to any other remedy available to City. The parties acknowledgethat the estimated costs and security amounts may not reflect the actual cost of construction of the improvements and, therefore, City's damagesfor Developer's default shall be measuredby the cost of completingthe requiredimprovements. TheCitymayusethesumsprovidedby the securities for thecompletionof theWorksof Improvementin accordancewiththe plans. Inthe eventthe Developerfailsto cureanydefaultunderthisAgreementwithin20 daysafterthe City mailsa noticeof suchdefaultto the Developerand the Developer's surety, Developerauthorizesthe Cityto performtheobligationfor whichDeveloperis in defaultandagreesto paytheentire cost of such performance by the City. The City may take over the work and complete the Works of Improvement, by contract or by any other method City deems appropriate, at the expenseof the Developer. In suchevent, City, withoutliabilityfor doingso, maycompletethe Works of Improvement using any of Developer' s materials, appliances, plans and other property that are at the work site and that are necessary to complete the Works of Improvement.

8. 3. Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Developer hereunder, the Developer agrees that the choice of remedyor remediesfor Developer's breachshallbe in the discretionof the City. Additionally, any remedy specifically provided in this Agreement shall be in addition to, and not exclusive of, City's rightto pursueany otheradministrative, legal, or equitableremedyto which it may by entitled.

8. 4. Attorney' s Fees and Costs. In the event that Developerfails to performany obligationunderthisAgreement, Developeragreesto payall costsand expensesincurredby City in securing performance of such obligations, including costs of suit and reasonable attorney' s fees. In the event of any dispute arising out of Developer's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailingpartyin suchaction, in additionto any otherreliefwhichmaybe granted, shall be entitled to recover its reasonable attorney' s fees and costs. Such attorney' s fees and cost shallincludefeesandcostsonanyappeal, andin additiona partyentitledto attorney's fees 01225. 0006/ 367559. 3
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andcostsshallbeentitledtoallotherreasonablecostsincurredininvestigatingsuchaction, taking depositions and discovery, retainingexpertwitnesses, and all other necessaryand relatedcostswith respectto the litigation. All suchfees and costs shall be deemedto have accruedon commencementof the actionandshallbe enforceablewhetheror notthe actionis prosecuted to judgment.

8. 5. Waiver. NowaiverbytheCityofanybreachor defaultbytheDevelopershallbe consideredvalidunlessin writing, andno suchwaiverbythe Cityshallbe deemeda waiverof any subsequentbreachor default by the Developer.

9. Indemnity/Hold Harmless. City or any officer, employeeor agentthereofshall not be liablefor any injuryto personsor propertyoccasionedby reasonof the acts or omissionsof Developer, itsagents, employees, contractorsandsubcontractorsin theperformanceof this Agreement. Developerfurtheragreestoprotect, defend, indemnifyandholdharmlessCity, its officials, boardsandcommissions, andmembersthereof, agents, andemployeesfromany andall claims, demands, causesof action, liabilityor lossof anysort, becauseof, or arising out of, acts or omissions of Developer, its agents, employees, contractors and subcontractors in the performance of this Agreement, except for such claims, demands, causes of action, liability or loss arising out of the sole active negligence of the City, its officials, boards, commissions, the members thereof, agents and employees, including all claims, demands, causesof action, liabilityor lossbecauseof or arisingout of, in wholeor in part, the designor construction of the improvements. This indemnificationand agreement to hold harmless shall extendto injuriesto personsand damagesor takingof propertyresultingfrom the designor constructionof saidProject, andthe publicimprovementsas providedherein, and in addition, to adjacent property owners as a consequenceof the diversion of waters from the design and construction of public drainage systems, streets and other improvements. Recordation of the Notice of Acceptance by the City of the Works of Improvements shall not constitute an assumptionby the Cityof any responsibilityfor anydamageor takingcoveredby this Section.

Cityshallnot be responsiblefor the designor constructionof the propertyto be dedicatedor the improvementspursuantto the approvedimprovementplansor map, regardlessof any negligent action or inaction taken by the City in approving the plans or map, unless the particularimprovementdesignwas specificallyrequiredby City overwrittenobjectionby Developersubmittedto the City Engineerbefore approvalof the particularimprovement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design.

After recordation of the Notice of Acceptance, the Developer shall remain obligated to eliminate any latent defect in design or dangerous condition caused by the design or construction defect for a period of one ( 1) year; however, Developer shall not be responsible for routine maintenance. It is the intent of this section that Developer shall be responsible for all liabilityfor designandconstructionof the improvementsinstalledor workdonepursuantto this Agreement and that City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasancein approvingor reviewinganyworkor construction. The improvementsecurity shall not be required to cover the provisions of this Paragraph.

Developershall reimbursethe Cityfor all costsandexpenses, includingbut not limited to fees and chargesof architects, engineers, attorneys, and other professionals, and court costs, incurredby City in enforcing this Section.
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10. Developer's Indemnityof ProjectApproval. Developershalldefend, indemnify, andhold harmless the City and its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approvalof the City, advisoryagency, appealboard, or legislativebodyconcerning the Project. The City shall promptlynotifythe Developerof any claim, action, or proceeding andcooperatefullyinthedefenseof anysuchclaim, action, or proceeding. IntheeventCity failsto promptlynotifytheDeveloperof anyclaim, action, or proceeding, or if theCityfailsto cooperate in the defense, the Developer shall not thereafter be responsible to defend, indemnify, or hold harmless the City. Nothing in this Section prohibits the City from participatinginthedefenseof anyclaim, action, or proceedingif Citybearsitsownattorney's feesandcostsanddefendstheactioningoodfaith. Developershallnotberequiredtopayor performany settlementunless the settlement is approvedby the Developer.

11. Insurance Requirements. Developer, at Developer's sole cost and expense and for the full term of this Agreement and any extensions thereto, shall obtain and maintain all of the followingminimuminsurancerequirementsin a form approvedby the City's authorized designeefor RiskManagementpriorto commencinganywork:
a) Commercial General Liability policy with a minimum $ 1 million combined singlelimitfor bodilyinjuryandpropertydamageprovidingall of the following minimum coverage without deductibles:
i) Premisesoperations; includingX, C, and U coverage; ii) Owners' and contractors' protection;
iii) Blanket contractual;
iv) Completed operations; and
v) Products.
b) Commercial Business Auto policy with a minimum $ 1 million combined singlelimit for bodilyinjuryand propertydamage, providingall of the following minimum coverage without deductibles:
i) Coverage shall apply to any and all leased, owned, hired, or non- owned vehicles used in pursuit of any of the activities associated with this Agreement; and
ii) Any and all mobile equipment including cranes which are not coveredunderthe above CommercialBusinessAuto policy shall have said coverage provided under the Commercial General Liability policy.
c)
WorkersCompensationand Employers' Liabilitypolicyin accordancewith the lawsof the Stateof Californiaand providingcoveragefor any and all employees of the Developer:
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i) This policy shall provide coverage for Workers' Compensation Coverage A); and
i) This policy shall provide coverage for $ 1,000, 000 Employers' Liability ( Coverage B).
ii) Pursuant to Labor Code section 1861, Developer by executing this Agreement certifies: " I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordancewith the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract."
iii) Prior to commencement of work, the Developer shall file with the City's Risk Manager a Certificate of Insurance or certification of permissionto self-insureworkers' compensationconformingto the requirements of the Labor Code.
d) Endorsements. All of the following endorsements are required to be made a part of each of the above-requiredpoliciesas stipulated below:
i) " The City of Chino, its officers, employeesand agentsare hereby added as additional insureds."
ii) " This policy shall be considered primary insurance with respect to any other valid and collectible insurance the City may possess, includingany self- insuredretentionthe City may have and any other insurance the City does possess shall be considered excess insurance only."
iii) " This insurance shall act for each insured and additional insured as though a separate policy has been written for each. This, however, will not act to increasethe limit of the insuring company." iv) " Thirty (30) dayspriorwrittennoticeof cancellationshallbegivento the City of Chino in the event of cancellation and/or reduction in coverage, except that ten (10) days prior written notice shall apply in the event of cancellation for non- payment of premium." Such notice shall be sent to the Risk Manager at the address indicated in Subsection f below.
v) Subsection d( iv) hereinabove " Cancellation Notice" is the only endorsement required of the Workers' Compensation and Employers' Liabilitypolicy.
e) Admitted Insurers. All insurance companies providing insurance to the Developer under this Agreement shall be admitted to transact the business of insurance by the California Insurance Commissioner.
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f) Proofof Coverage. Copiesof all requiredendorsementsshallbe attached to the Certificateof Insurancewhich shall be provided by the Developer's insurance company as evidence of the coverage required herein and shall be mailed to:

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

12. EnvironmentalWarranty.

12. 1. Priorto the acceptanceof anydedicationsor Worksof Improvementby City, DevelopershallprovideCitywitha writtenwarrantyina formsubstantiallysimilarto Exhibit "C" attachedhereto and incorporatedherein by reference, that:
a)
Neitherthepropertyto bededicatednorDeveloperarein violationof any environmental law, and neither the property to be dedicated nor the Developer are subjectto any existing, pendingor threatenedinvestigationby any federal, state or local governmental authority under or in connection with the environmentallaws relatingto the propertyto be dedicated. b) NeitherDevelopernoranyotherpersonwith Developer's permissionto be uponthe propertyto be dedicatedshall use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this Agreement, the term " Hazardous Substances" shall mean any substanceor materialwhichis capableof posinga riskof injuryto health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as " Toxic Materials" in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, stateor locallaws, ordinances, rules, regulationsor policies. c) Developer has not caused or permitted the release of, and has no knowledge of the release or presence of, any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. d) Developer's prior and present use of the property to be dedicated has not resulted in the releaseof any hazardoussubstanceon the propertyto be dedicated.

12. 2. Developershall give promptwritten noticeto City of:
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b) authority with respect to the presence of any hazardous substance on the propertyto be dedicatedor the migrationthereoffrom or to any otherproperty adjacent to, or in the vicinity of, the property to be dedicated. c) Any claims made or threatenedby any third party againstCity or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and
d) Developer's discoveryof any occurrenceor conditionon any property adjoining or in the vicinity of the property to be dedicated that could cause the propertyto be dedicated or any part thereofto be subject to any restrictionson its ownership, occupancy, useforthe purposeforwhichit is intended, transferability or suit under any environmental law.

13. General Provisions.

13. 1. Successors and Assigns. This Agreement shall be binding upon all successors andassignsto Developer's right, title, andinterestin andto the Propertyandanyportion thereof. Developer hereby consents to City recordingthis Agreement as official records of San BernardinoCounty, affectingfee title interestto the Propertyto provideconstructivenoticeof the rights and obligations incurred by Developer in the City' s approval of this Agreement. In the event the Propertyis subsequentlyconveyedby Developerto a third party prior to completionof the Works of Improvement, wherebythe third party is intendedto assume Developer' s responsibilities with regard to this Agreement, ( the " Replacement Developer"), the rightsand obligations of this Agreement shall transferto the Replacement Developer; however, theSecurityInstrumentsrequiredpursuantto Section4 of thisAgreement, andfurnishedby Developer as a condition of the City's approval of this Agreement, shall remain Developer's responsibility to maintain until such time as Developer and its Replacement Developer enter into a Transfer and Assignment of Public Improvement Agreement, ( the " Transfer Agreement"), to acknowledge the transfer of fee title to the Property from the Developerto its Replacement Developer, and to acknowledge the rights and obligations associated with this Agreement upon the Replacement Developer, including Replacement Developer' s responsibilityto furnishreplacementSecurityInstrumentsmeetingtheCity's approvalpursuant to Section 4 of this Agreement. Untilsuchtime as a TransferAgreement, meetingthe City's approval, isexecutedbyDeveloperanditsReplacementDeveloper, andreplacementSecurity Instrumentsmeeting City's approval are furnished by the Replacement Developer, Developer retains sole responsibilityfor maintaining all Security Instrumentsrequired pursuant to Section 4 of this Agreement.

13. 2. No Third Party Beneficiaries. This Agreement is intended to benefit only the partiesheretoandtheir respectivesuccessorsandassigns. NeitherCity nor Developerintend to createany third partybeneficiaryrightsin thisAgreementin any contractor, subcontractor, memberof the general public, or other person or entity.

13.3. No Vesting Rights. Performance by the Developer of this Agreement shall not be construedto vest Developer's rightswith respectto anychangein anyzoningor buildinglaw or ordinance.
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13. 4. Developer is Not Agent of City. Neither Developer nor Developer' s agents, contractors, or subcontractors are agents or contractors of the City in connection with the performance of Developer' s obligations under this Agreement.

13. 5. Time of the Essence. Time is of the essenceof Developer's performanceof all of its obligations under this Agreement.

13. 6. Notices. Unless otherwise specified in this Agreement, all notices required or providedforunderthisAgreementshallbeinwritinganddeliveredinpersonorsentbymail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date is deliveredin person, or, if mailed, on the date of depositin the UnitedStatesMail.

Noticeshallbeprovidedto thepersonslistedonPages1 and2 ofthisAgreementbythe parties for this purpose.

Eitherpartymayprovidea newdesignatedrepresentativeand/or addressby written notice as provided in this Section.

13. 7.

NoApportionment. NothingcontainedinthisAgreementshallprecludeCityfrom expendingmoniespursuantto agreementsconcurrentlyor previouslyexecutedbetweenthe parties, or fromenteringintoagreementswithotherDevelopersfor the apportionmentof costs of water and sewer mains,
or other improvementspursuantto the provisionsof the City ordinancesprovidingtherefore. Norshallanythingin the AgreementcommitCityto any such apportionment.

13. 8. Severability. If any portion of this Agreementis held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unlessamendedor modified by mutualwritten consentof the parties.

13.9. Captions. ThecaptionsofthisAgreementareforconvenienceandreferenceonly and shall not be used in the interpretationof any provisionof this Agreement.

13.10. Incorporationof Recitals. TherecitalstothisAgreementareherebyincorporated into the terms of this Agreement.

13.11. Interpretation. This Agreement shall be interpretedin accordancewith the laws of the State of California.

13. 12. Entire Agreement; Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiationsandpreviousagreementsbetweenthe partieswithrespectto all or partof the subject matter hereof, except as may be expressly provided herein. All waivers of the provisionsof this Agreementmustbe in writingandsignedby an authorizedrepresentativeof thepartyto becharged, andall amendmentsheretomustbein writingandsignedbythe appropriate representatives of both parties.

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

14. Authority. ThepersonsexecutingthisAgreementonbehalfofthepartieswarrantthe I) party is duly organized and existing, ( ii) they are duly authorized to execute and deliver this 01225. 0006/ 367559. 3
17 94
Agreement on behalf of said party, ( iii) bysoexecutingthisAgreement, suchpartyisformallyboundtotheprovisionsofthisAgreement, and (iv) theenteringintoofthisAgreementdoes notviolateanyprovisionsof anyotheragreementto whichsaidpartyis bound.

SIGNATURES ON NEXT PAGE]
01225. 0006/ 367559. 3
18 95
IN WITNESSWHEREOF, the Cityand the Developerhavecaused this AgreedAgreenentto be executed the day and year first above written
APPROVED S TO FO APPR VED AS TO CONTENT:

At) teN;
Fred Galante, City Attorney Nicholas S. ori, AICP Development Services Director
ORBIS REAL ESTATE PARTNERS:

By:

Signature and Date)
Name: 4
SEE. CALIFORNIA
CKNOWLED Please type or print nanhe)A
DATE
Title t-1-71L-iii,-
Please type Orprint title)

CITY OF CHINO
Matthew all nt ne, City manager
Dated:

ATTEST
By
Angei ° Pies, City Clerk
Dated: __ I ( o
D 1225 0006/ 367559 3
I 96
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CrOL CODE
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0' 1225. 0006/ 367559. 3
97 Exhibit A
PARCEL MAP NO. 19689

LOCATION MAP
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EXHIBIT " B"

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

B. All onsite and offsite grading as specifiedon the approvedgrading plan.

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

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

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

F. A street lighting system (City-owned) in accordancewith City Standards.

G. Disposalof all rocks and debrislocatedwithinany publicright-of-way within said development or on the boundary streets thereof.

H. Installation of concrete curbs, gutters, sidewalks, cross gutters, driveways and intersectionsas shownon approvedconstructionplansand in accordancewith City Standards.

I. Installation of asphalt concrete or Portland Cement Concrete street pavement on basematerialas shownon approvedconstructionplansandin accordancewithCity Standards.

J. Street signs at intersectionsper the City Standards.

K. Installationof approved landscaping (plantsand materials).

L. Setting monumentsas required by the State Code.

The Developershall also performall work and furnishall materialsnecessary, in the opinion of the Director of Development Services or his designee and on his order, to complete the improvements in accordancewith the plans and specifications on file as hereinbeforespecified, or any changesrequiredor orderedby said Engineerwhich, in his opinion, are necessaryor requiredto completethis work. 01225. 0006/ 367559. 3 B- 99
RESOLUTION NO 2015- 078

EXHIBIT C
t?
nF ENGINEERING COST ESTIMATE
Iii*
t PROJECT NO: PM 19689 Delta 7 Offsite Water Improvements LOCATION: Hellman Ave and Kimball Ave
By: David Evans and Associates, Inc.

DATE: 11/ 3/ 2020
Quantity Unit Item Unit Total Cost
Price Per Item
WATER
1 LS Traffic Control( 5% of Construction Cost) 5% $ 3, 270. 75 25 LF Trench SupportJShoring( 6 foot depth) 15. 00 $ 375. 00 CY Pipe Bedding( Imported) 45. 00 $
10" Pipe& Fittings Installed,includingexcavation,bedding, 23 LF backfill and pavement restoration 80. 00 $ 1, 840. 00 12" x10" Tee& Fittings Installed, including excavation, 1 EA bedding, backfill and pavement restoration 4, 000. 00 $ 4, 000. 00 1 EA 10" Gate Valve 2, 400. 00 $ 2, 400. 00
1 EA 12" Gate Valve 2, 800. 00 $ 2, 800. 00
12 EA 2" Water Service/ Meter 4, 500. 00 $ 54, 000. 00 WATER SUBTOTAL 68, 685. 75
PROJECT ADDITIVES Project Contingencies 10% $ 6, 868. 58 Construction Staking 3% $ 2,060. 57
Soils Testing 1% $ 686. 86
Material Testing 1% $ 686. 86
Construction Inspection 2% $ 1, 373. 72
Contract Administration 1% $ 686. 86
GRAND TOTAL WATER ONLY 81, 049. 19
Fnnr: netPetlmntn o,..,, I .. f O
100
RESOLUTION NO 2015- 078

EXHIBIT C
r hy
v," , ENGINEERING COST ESTIMATE
oq PROJECT NO: PM 19689 Delta 7 Offsite Water Improvements tivzyi
LOCATION: Hellman Ave and Kimball Ave
By: David Evans and Associates, Inc.

DATE: 11/ 3/ 2020
Quantity Unit Item Unit Total Cost
Price Per Item
ENGINEER' S ESTIMATE GRAND TOTAL 81, 049. 19

BY ENGINEER
Prepared By: Mark Oskorus
R. C. E. Number: 62159
Expiration: 9/ 30/ 2021
1t
No.

N`>
Place R. C.E. Stamp Here

BY CITY
Faithful Performance Bond( 100% of Construction Cost) 81, 000. 00 Labor& material Bond( 50% of Construction Cost) 40, 500. 00 Warranty Bond( 10% of Construction Cost) 8, 100. 00

REVIEWED

CITY OF CHINO ENGINEERING
BY DATE 11/ 09/ 20
EnaCostFstimate Pana 9 of 9 oa,.,,...,,. n.... --., n.., 101

JA JP X MB X

DH IA DC
LK
E- Mail Sent: 7/ 14/ 16
To: Mike Hitz

PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL
PL 15- 0529 ( PARCEL MAP NO. 19689), PL 15- 0527 ( MASTER SITE APPROVAL), PL 15- 0528 ( SPECIAL CONDITIONAL USE PERMIT), PL 15- 0530 ( SITE APPROVAL) DATE: July 13, 2016 PC MEETING DATE: July 18, 2016 PROJECT DESCRIPTION: Proposed 1.2 million sq. ft. light/medium industrial buildings PROJECT LOCATION: Kimball & Hellman Ayes
APPLICANT: Sares Regis Group PROJECT ENGINEER: Michael Bhatanawin

PRIOR TO THE THREE MAJOR DEVELOPMENT EVENTS OUTLINED BELOW, THE APPLICANT SHALL SATISFY AND FULFILL ALL CONDITIONS MARKED WITH AN ( X). FAILURE TO COMPLY

WITH ANY CONDITIONS OF APPROVAL SHALL BE DEEMED JUST CAUSE FOR REVOCATION OF PROJECT APPROVAL BY THE PLANNING COMMISSION. HOWEVER, THE DIRECTOR OF

COMMUNITY DEVELOPMENT, THE ASSISTANT CITY MANAGER, AND/ OR THE DIRECTOR OF

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

1. 0 PRIOR TO MAP RECORDATION:

X_ 1. 1 Provide a preliminary Title Report no older than 60 days.

X 1. 2 Submit a preliminary soils report to the project engineer for review and approval in accordance with Government Code, Section 66434. 5.

X 1. 3a Make the following dedications:

Street Name Distance Direction From C/ L
Flight Avenue 37- ft East
Hellman Avenue 69- ft West
Kimball Avenue 48- ft North

1. 3b Dedicate the following easements to the City:

X 1. 3c Prepareand recordnecessarydrainage easementsto implementthe project in accordance with drainage law.

X 1. 4 Provide and record a reciprocal use agreement to assure common ingress and egress and joint maintenance of all common access, parking areas and drives.

X 1. 5 Provide a set of proposed Covenants, Conditions and Restrictions ( CC& R) for review and approval. The proposed CC& Rs shall contain the Association' s/Owner' s maintenance obligations with respect to various facilities including, but not limited to, right- of-way landscaping, private streets, sidewalks, utilities, street lights, and Water Quality Management Plan (WQMP) features. This documentmust be submittedto and approvedby the City before it is submitted to any other governmental entity. 102
PL 15- 0529 ( PM 19689),
PL 15- 0527 ( MSA),
PL 15- 0528 ( SCUP),
PL 15- 0530 ( SA) 2 July 18, 2016
X 1. 6 Executea SubdivisionAgreementandsubmitsecurityin an amountacceptableto the City Engineerto guarantee constructionof the public improvementslisted in 2.8, 2.21, and 2.23.

All securitymustbe accessibleto theCityat anytimeand in a formacceptableto the City Treasurer, pursuant to Government Code, Section 66499.

X 1. 7 Providea Monumentation Bond in an amount specified in writing by a Registered Engineer or Licensed Land Surveyor of Record.

1. 8 Completeand file the petition for annexationof your project propertyto the City's Landscape and Street Lighting Maintenance District MD 2002- 1.

1. 9 Submit a list of proposedstreet namesfor the interior streetsto the Street Naming Committee for name( s) selection.

X 1. 10 Complywith all applicable requirementsof the City Code.

X 1. 11 Pay all applicable fees pursuant to City Code per the current Public Works fee schedule when fees are due. This includes, but is not limitedto, plan check fees and inspectionfees.

X 1. 12 Submit a Water Supply Assessment in accordancewith Senate Bill 610 and the California Department of Water Resources Guidebook. Applicant shall be responsible for the cost of all studies and reportsthat may be necessaryin order to preparethe Water Supply Assessment.

2. 0 PRIOR TO ISSUANCE OF BUILDING PERMITS FOR ANY LOT WITHIN THE SUBDIVISION/ PRIOR TO ISSUANCE OF CONSTRUCTION PERMITS:

X 2. 1 Record Parcel Map No. 19689 pursuantto the Subdivision Map Act and in accordancewith City Code. Providea duplicatephotomylarof the recordedmapto the City Engineer's office.

X 2. 2 All required plans and studies shall be preparedby a Registered ProfessionalEngineer and submitted to the project engineer for review and approval. All project plans must be approved by the City Engineer' s office before a Building Permit will be issued. All maps, studies, calculation sheets, reports, etc. must be on and/ or folded in an 11- inch x 8 1/2- inch standard format.

2. 3 Providea focusedparkingandcirculationstudycomprisingprojectaccess/egress, internal circulation and project parking analyzes. The study is subject to the review and approval of the City Transportation Manager.

X 2. 4 Prepareandsubmita drainagestudy, includingsupportinghydraulicand hydrologicaldata to the project engineer for approval. The study shall confirm or recommend changes to the City's adopted Master Drainage Plan by identifying off-site and on-site storm water runoff impacts resulting from build- out of permitted General Plan land uses. In addition, the study shall identify the project's contribution and shall provide locations and sizes of catchments and systemconnectionpointsand all downstreamdrainage-mitigatingmeasuresincluding but not limited to offsite storm drains and interim detention facilities. 103
PL 15- 0529 ( PM 19689),
PL 15- 0527 ( MSA),
PL 15- 0528 ( SCUP),
PL 15- 0530 ( SA) 3 July 18, 2016
X 2. 5 Prepareandsubmitafinalgradingplanshowingbuildingfootprints, padelevations, finished grades, drainage routes, retaining walls, erosion control, slope easements and other pertinentinformationin accordancewithAppendixJ oftheCaliforniaBuildingCode, latest edition.

X 2. 6
Provideacertificate, fromaRegisteredCivilEngineer, certifyingthatthefinishedgrading hasbeencompletedinaccordancewiththeCityapprovedgradingplan.

X_ 2. 7 Designand installa monitoringmanhole (per City StandardNo. 530) on each domestic sewerlateralconnectionfrom any industrialbuildinginto the City's mainseweror into a private sewer main that is tributary to the City's main sewer. In addition, design and install a sampling Wye on a stubbed out sewer lateral connection into the main sewer for each industrial building in this development.

X 2. 8 Design per City Standards full public improvementsfor all impacted and interior streets/ facilities in accordance with City Code, Standards and Specifications. No contractor or subcontractor may be awarded a contract to construct public improvements unless registered with the Department of Industrial Relations ( DIR). Such public improvements may include, but not be limited to the following: ( Please coordinate and verify all requirements with the project engineer.) 6,7,8,9,10
Street Names
Flight Kimball Hellman
Ave Ave Ave
Curb & Gutter( Offset from Centerline) 22' 33' 33' Sidewalk ( Width) 5' 5' 13'
Asphalt Concrete Pavement on Aggregate Base
Width from Centerline) 20' 31' 31'
Asphalt Concrete Overlay
Street Lights' X X X
Median Island and Landscaping12 14' ( full) X4
Parkway Landscaping12 X X X
Striping and Traffic Controls X X X
Conduit System for CATV
Sewer X3 Xs
Storm Drain
Domestic Water X12
Recycled Water
Fire Hydrants as required by CVIFD X X X
Traffic Signal Interconnect" X X X

1. See COA 2. 16.

2. See COA 2. 17.

3. Coordinateconnectiontoexisting54" KimballInterceptorwithInlandEmpireUtilitiesAgency(IEUA).

4. West half of the median is eligible for DIF credit perthe City Code.

5. Coordinateconnectiontoexisting48" mainwithInlandEmpireUtilitiesAgency(IEUA).

6. Ultimate improvementsthat are in the City's DIF program and that are above and beyond what is required for the project are eligible for DIF credit per the City Code.

7. Additional right-of-way and improvementsmay be requiredto accommodate intersectionsand transitions.

8. Final pipe sizes are subject to change based on the approved technical studies.

9. ImprovementsmustcomplywithADAregulationsatthetimeof acceptancebyCityCouncil.

10. ImprovementsalongprojectfrontageareNOTeligiblefor DIFcreditpertheCityCode.

11. See COA 2. 30.
104
PL 15- 0529 ( PM 19689),
PL 15- 0527 ( MSA),
PL 15- 0528 ( SCUP),
PL 15- 0530 ( SA) 4 July 18, 2016

12. Constructa 12" domesticwaterlinefromKimballAveto 1,520' n/o KimballAve. Thisimprovementis eligibleforDIFcreditpertheCityCode. Pleasenotethatsomeoftheseimprovementshavealreadybeen completed by others.

13. CoordinatewiththeCityof Eastvaletoconstructinterimimprovements (e.g. 15' pavedthroughlaneand5' gradedshoulder) ontheeastsideofHellmanAvewithappropriateturnaroundatthenortherlyprojectlimits perCityof ChinoandCVIFDrequirements. Theseimprovementsarenoteligiblefor DIFcredit.

X 2. 9
Obtaindesignandplanapprovalfromappropriateutilitycompaniesforundergroundingall utility lines adjoining and interior to the project, that include power lines of 34.5 kV or less, in accordance with City Code, Chapter 13.32.

X 2. 10 Pay all applicable fees pursuant to City Code per the current Public Works fee schedule whenfeesaredue. Thisincludes, butis notlimitedto, DevelopmentImpactFees, Sewage Facilities Development Fees, and water meter connection fees.

X 2. 11 All projectsdevelopingone (1) acreor moreoftotallandarea, orwhicharepartof a larger phased developmentthat will disturb one acre of land, are requiredto obtain coverage under the StateWater ResourcesControl Board's (SWRCB) General Permitfor storm water discharges associated with construction activity. Proof of filing a Notice of Intent ( NOI) with theSWRCBforcoverageunderthispermitis required. A copyoftheWasteDischarger's Identification Number( WDID), issued by the SWRCB, must be submitted to the Project Engineerpriortoissuanceofgradingpermits. Moredetailedinformationregardingthis GeneralPermit, applicablefeeinformationandthenecessaryformsto completethe NOI are available by calling ( 916) 341-5537 or on the SWRCB web site at http://www.swrcb.ca.gov/water_issues/programs/stormwater/constpermits.shtml_ X 2. 12 Pursuantto SantaAna RegionalWaterQualityControlBoardOrder NumberR8-2010- 0036, NPDES Permit No. CAS618036, prepare a project- specific Water Quality ManagementPlan (WQMP) andsubmitto theprojectengineerfor reviewandapproval. To addressNPDESPermitrequirementsto the maximumextentpracticable, the project shall be designed to specify preferential use of Low Impact Development Best ManagementPractices that reduce pollutants and runoff volume through structural measures ( e.g. infiltration, harvesting, and bio-treatment) and non-structural measures e.g. preservingnaturalareas, clusteringdevelopment, and reducingimperviousareas).

The WQMPshall conformto the requirementsof the San BernardinoCountyStormwater Program, 2013 WQMP Technical Guidance Document.

X 2. 13 Anyfuturemaintenanceandrepairoffireserviceandsewerlateralstotheprojectsiteshall bethe soleresponsibilityof the applicant/propertyownerin accordancewithCityCode, Chapter 13. 04. 175 and 13. 12. 150.

X 2. 14
Conveyownershipof allexistingonsitewaterwellsto the Cityandconvertto monitoring wellsasdirectedbytheCity's WaterUtilitiesSupervisor. Prepareandrecordanynecessary easementsto providethe Citywithaccessto the monitoringwells. Anyexistingwaterwells that cannotbe feasiblyconvertedto monitoringwellsshallbe destroyedper CityStandard No. 465.

X 2. 15
SubmittotheCityelectronicfiles, inAdobeAcrobatPDFformat, ofallsubmittals, including reports, studies, improvement plans and City redlines of previous submittals. 105
PL 15- 0529 ( PM 19689),
PL 15- 0527 ( MSA),
PL 15- 0528 ( SCUP),
PL 15- 0530 ( SA) 5 July 18, 2016
X 2. 16
Thedeveloperis responsibleforthecontinuedoperationandmaintenanceof perimeter street lights, common area landscaping, and parkway areas ( landscaping, sidewalk). The projectis requiredto establishan associationfor thecontinuedoperationandmaintenance of aboveimprovementsor the alternativeis to annexthe propertiesinto the Preserve Master Maintenance Corporation ( PMMC). The developer/ association shall enter into a maintenance agreement with the City should the properties not be annexed into the PMMC.

X 2. 17 Recycledwatershallbe utilizedforgradingoperations, dustcontrolactivities, andcommon area/ public landscape irrigation.

X 2. 18 All publicstreetcornersshallhavea minimumcurbradiiperCityCode, Chapter19.06 and City Standards and Specifications.

X 2. 19
Developershallpreparesigningandstripingplans, signalplansandimprovementplansfor all affectedstreetintersectionandsegmentsto includenewlaneconfigurations, appropriate transitions, modifiedlaneconfigurations, utilitylocation, etc. to thesatisfactionof theCity Engineerand the Assistant City Manager/Directorof PublicWorks.

X 2. 20
ProvideadequatesightdistanceperCityStandardNo. 1025foreachprojectdrivewayand at all intersections. Landscaping type and height shall be maintained to ensure sight distance requirementsare perpetuated.

X 2. 21 Basedontheapprovedplans, begintheprocessof constructingthefollowingintersection improvements. Theseimprovementsmustbe constructedand approvedby the Public WorksDepartmentpriorto therequestandreleaseof occupancypermits.

1. Euclid Ave at Kimball Ave — Design and construct a westbound right turn lane and modify the traffic signal as required by Caltrans or improvements to improve the Levelof Service (LOS) ofthe intersectionto thesatisfactionofthe CityEngineerand the AssistantCity Manager/Directorof PublicWorks. Only ultimateimprovements that are required by the City per the City's DIF program are eligible for DIF credit.

Any improvementsrequiredby Caltransthat are not in the City's DIF programare NOT eligible for DIF credit. Additional right-of-way and improvements shall be required to accommodate these improvements. If right-of-way cannot be acquired from properties not controlled by Sares Regis Group, mitigate traffic to the satisfaction of the City Engineer and the Assistant City Manager/Director of Public Works. These improvementsare to be constructedand approvedby the Public Worksdepartmentpriorto thefinalcertificateof occupancy.

2. Kimball Ave
Grind and overlay (3" deep, 3/4" rock, PG 70-10) a portion of the street from EuclidAveto approximately975' eastof EuclidAveasdirectedbyCitystaff.

Grind and overlay (3" deep, 3/4" rock, PG 70-10)the full width of the street from approximately 975' east of Euclid Ave to 670' west of Rincon Meadows Ave.

These improvements are NOT eligible for DIF credit.

If necessary, theseimprovementswillbe bidusingprevailingwageperthe California Public Contract Code.

3. Meadow Valley Ave at Kimball Ave
Install a traffic signal
Add a westbound right turn lane.

These improvements are not eligible for DIF credit
106
PL 15- 0529 ( PM 19689),
PL 15- 0527 ( MSA),
PL 15- 0528 ( SCUP),
PL 15- 0530 ( SA) 6 July 18, 2016
X 2. 22 Comply with all requirements of the Traffic Impact Analysis (TIA) dated April 27, 2016 includingparticipationin fairsharecontributionsandconstructionof requiredimprovements andmitigationmeasuresasshownontheMitigationMonitoringandReportingProgram, to mitigateimpacts. Internaltrafficsigning/stripingshouldbe implementedin accordancewith the approved TIA.

X 2. 23 Basedontheapprovedplans, designandconstructthefollowingintersectionimprovements as describedin the TIAdatedApril27, 2016and/or the City's DIFNexusStudy. These improvementsmustbeconstructedandapprovedbythePublicWorksDepartmentpriorto the request and release of occupancy permits. Unless noted the improvements are assumedto be completedby otherspriorto certificateof occupancy. If the improvements are not completed prior to certificate of occupancy, the completion of the improvements maybe requiredbythedeveloperat thediscretionof theAssistantCityManager/Directorof PublicWorks. Referto applicableexhibits in the TIA for intersection improvements.

1. Euclid Ave at Kimball Ave
Adda southboundrightturnlanewithoverlapphasing
Add a second eastbound left turn lane
Modifythe traffic signal as requiredby Caltrans.

It is our understandingthattheseimprovementsare currentlybeingconstructed by others.

2. Rincon Meadows Ave at Kimball Ave
Install a traffic signal and establish communications to this signal. It is our understandingthattheseimprovementsarecurrentlybeingconstructedby others.

Add a second westboundthrough lanefrom FlightAve to 200' west of Main St to thesatisfactionoftheCityEngineerandtheAssistantCityManager/Directorof PublicWorks. Taper/transitionlengthshallmeetHighwayDesignManual Standards.

The above improvements are eligible for DIF credit ( TR- 28 & 68).

3. Flight Ave at Kimball Ave
Install a traffic signal. This improvement is eligible for DIF credit ( TR- 64).

Add a westbound right turn lane. This improvement is NOT eligible for DIF credit.

4. Hellman Ave at Kimball Ave
Install a traffic signal. The design of this improvement needs to be completed to determine if this improvement is eligible for DIF credit ( TR- 46).

Add a second northbound left turn lane. This improvement is NOT eligible for DIF credit from the City of Chino.

Adda northboundthroughlaneanda northbounddeparture (receiving) lane.

Taper/transition length shall meet HighwayDesign Manual Standards. These improvementsare NOTeligiblefor DIF credit from the City of Chino.

Add a southbound through lane and a right turn lane. These improvements are eligible for DIF credit ( TR- 27).

Addaneastboundleftturnlaneandimplementoverlapphasingonthe eastbound right turn lane. These improvements are eligible for DIF credit ( TR- 28).
107
PL 15- 0529 ( PM 19689),
PL 15- 0527 ( MSA),
PL 15- 0528 ( SCUP),
PL 15- 0530 ( SA) 7 July 18, 2016

5. Hellman Ave— Construct30-ft of pavementfromMerrillAveto KimballAve. Ultimate improvementsthatareintheCityof Chino's right-of-wayareeligiblefor DIFcredit TR- 27).

6. Designandconstructa trafficsignalcommunicationshubatthe southwestcornerof HellmanAveat KimballAveandprovidecommunicationsto thetrafficsignalat HellmanAveatKimballAve. Thelocationofthehubshallnotobstructvisibilityto the Preserve monument sign at this corner.

Additionalright-of-wayandimprovementsshallberequiredto accommodatethese improvements. Ifright-of-waycannotbeacquiredfrompropertiesnotcontrolledbySares RegisGroup, mitigatetraffictothesatisfactionoftheCityEngineerandtheAssistantCity Manager/ Director of Public Works.

ImprovementsthatareintheCityof EastvalearenoteligibleforDIFcreditfromtheCityof Chino.

2. 24 NOT USED
X 2. 25 Pay fair share contribution for non DIF improvements in the City of Chino ($ 245, 339) as described in the TIA dated April 27, 2016.

X 2. 26 Pay fair share contribution for improvements in the City of Ontario ($ 176, 342) as described in the TIA dated April 27, 2016. If, within five ( 5) years of the date of collection of Developer's FairShareContribution, theCityofChinoandtheCityofOntariodonotcomply with the mitigation measures describedin the TIA, then Developer's Fair Share Contribution for improvementsin the City of Ontario shall be returned to the Developer.

X 2. 27 Pay fair share contribution for improvements in the City of Chino Hills ($ 91, 946) as describedin theTIA datedApril27, 2016. If, withinfive (5) yearsof the dateof collectionof Developer's Fair ShareContribution, the Cityof Chinoand the City of ChinoHillsdo not comply with the mitigation measures described in the TIA, then Developer's Fair Share Contributionfor improvementsin the City of Chino Hills shall be returnedto the Developer.

X 2. 28 Pay fair share contribution for improvements in the City of Eastvale ($ 15, 650) as described in the TIA dated April 27, 2016. If, within five ( 5) years of the date of collection of Developer's Fair Share Contribution, the City of Chinoand the City of Eastvaledo not comply with the mitigation measures described in the TIA, then Developer's Fair Share Contributionfor improvementsin the City of Eastvaleshall be returnedto the Developer.

X 2. 29 Pay fair share contribution for improvements in the Caltrans right- of- way ($ 82, 274) as describedintheTIAdatedApril27, 2016. If, withinfive (5) yearsofthedateofcollectionof Developer's FairShareContribution, theCityofChinoandCaltransdonotcomplywiththe mitigation measures described in the TIA, then Developer's Fair Share Contribution for improvements in the Caltrans right- of- way shall be returned to the Developer. 108
PL 15- 0529 ( PM 19689),
PL 15- 0527 ( MSA),
PL 15- 0528 ( SCUP),
PL 15- 0530 ( SA) 8 July 18, 2016
X 2. 30
Designandconstructa trafficsignalinterconnect/communicationssystemsthat includes installationoffiberopticandinterconnectcableandallassociatedequipment (e.g. conduit, pullboxes, vaults, splice boxes, modems, cables, etc.) to provide communications back to TMClocatedat City Hall. Designfiber splicedetails, installmodems, and spliceandtest fiberopticcommunicationsto verifyconnectivityto CityHallTMC.

Theinterconnect/communicationssystemshallbemaintainedin-placealongthefollowing limits:

KimballAvenuefrom HellmanAvenueto RinconMeadowsAvenue. Conduithas already been installed.

The interconnect/communicationssystems (conduitonly) shall be constructed/completed along the following limits:

HellmanAvefromKimballAvetonortherlyprojectpropertyboundary FlightAvefromKimballAveto northerlyprojectboundary
Itisourunderstandingthattheseimprovementsarecurrentlybeingconstructedby others
Thesystemshallinterconnectto thefollowingexistingor proposedtrafficsignals:

Kimball Ave/ Hellman Ave
KimballAvenue/MeadowValley
Kimball Avenue/ Flight Avenue
KimballAvenue/MainStreet (Maintainexistingcommunications) KimballAvenue/MillCreekAvenue (Maintainexistingcommunications) KimballAvenue/RinconMeadowsAvenue (Establishcommunicationsto this signal.

It is ourunderstandingthattheseimprovementsarecurrentlybeingconstructedby others)
The system shall interconnectto the following communicationhubs:

Hellman Ave/ Kimball Ave ( see COA 2. 23# 6)
Bickmore/MillCreek (confirmallcommunicationstothishubperthedirectionofCity staff)
Fiber optic and interconnectcable, conduit, pullboxes, vaults, splice boxes, modems, cabinets and all necessary equipment related to the installation of traffic signal interconnect alongprojectfrontagestreetsareeligiblefor DIFcreditatthediscretionoftheAssistantCity Manager.

X 2. 31 Designandconstructnewtrafficsignalsas describedin Sections2.21 and2.23, to include allequipment, poles, trafficsignalandelectricalservicecabinets, wheelchairaccessramps, etc. to meet current City standards and Specifications. Design shall include all traffic signal interconnect, fiber optic cable, and communicationsvaults, cabinetsand equipmentas described in Section 2. 30. Any widening that affects existing traffic signal equipment will requirea trafficsignalmodificationplanto bedesignedandconstructedby developer, even if not specifically identified in Conditions of Approval.

X 2. 32
RevisetheCityof ChinoStormDrainMasterPlansto considerimprovementsproposedby the Project that affect Subarea 2. Storm drain improvements must accommodate stormwaterflowsassociatedwithbuildoutof the projectandthe surroundingarea, to a similar or better degree than the originally- planned master plan facilities. 109
PL 15- 0529 ( PM 19689),
PL 15- 0527 ( MSA),
PL 15- 0528 ( SCUP),
PL 15- 0530 ( SA) 9 July 18, 2016
X 2. 33
Priortoinstallationofundergroundutilities, CCTVinspectionofexistingsewerandstorm drainconduitsthatmaybeimpactedbytheconstructionshallbeperformedandrecordings submittedto the City for comparisonto post-constructioninspection.

X 2. 34 Thedeveloperis responsibleto contractwiththeCity's designatedtrafficsignal maintenancecompanyfor ongoingmaintenanceoftrafficsignalsinstalledbythedeveloper listedinSections2.21and2.23untilsuchtimetheimprovementsareacceptedbytheCity.

X 2. 35
Developmentshallmeetall truckturningrequirementsfromthe Cityof ChinoandChino Valley Independent Fire District ( CVIFD).

3. 0 PRIOR TO REQUESTAND RELEASE OF ANY OCCUPANCYPERMITS:

X 3. 1 ConstructandsecurePublicWorksDepartmentapprovalof all requiredimprovementsand publicfacilities enumerated under Section 2.0 above (per Resolution No. 88-23).

X 3. 2 Undergroundallutilitylinesadjoiningandinteriortotheproject, thatincludepowerlinesof

34.5kV or less in accordancewith City Code, Chapter 13.32.

3. 3
Distributeforsignatureof allbuyerstheinformationanddisclosurenoticeannouncingthat thedevelopmentwillbeannexedtotheCity's LandscapeandStreetLightingMaintenance AssessmentDistrictbeforetransferof propertytitle and completionand acceptanceof all public improvements.

3. 4
Distributeforsignatureofall buyerstheinformationanddisclosurenoticeannouncingthat the project property will be subject to an annual special East Chino Specific Plan area Community Facilities District Tax.

3. 5 Requireownersof speculativebuildingsto informeachbuildinguseraboutthe requirement to submitan IndustrialWasteQuestionnaireto the City's EnvironmentalEngineering Section. Ownersmaycontactthe EnvironmentalEngineeringSectionat (909) 334-3423to obtain a copy of said Questionnaire.

X 3. 6 SubmittotheCity, electronicfilesofTract/ParcelMapand "as-built" improvementplansin AUTOCAD format and Adobe Acrobat PDF format. AUTOCAD files shall be submitted as an archived zip file of the CAD drawings with all base files attached.

X 3. 7 Slurryseal alongall streetsimpactedby the developmentas directedby City staff. Install signing and striping per approved plans.

X 3. 8 The followingimprovementsshallbe constructedand approvedby the PublicWorks departmentpriorto releaseof certificateof occupancyfor any buildingswithin Phase 1 shown on Exhibit 1:

Private Drive ' A'
Traffic signal at the intersection of Flight Ave at Kimball Ave The east side of Hellman Ave from the northerly project limits to Kimball Ave. This is for emergency access only and shall meet City and CVIFD requirements 110
PL 15- 0529 ( PM 19689),
PL 15- 0527 ( MSA),
PL 15- 0528 ( SCUP),
PL 15- 0530 ( SA) 10 July 18, 2016
X 3. 9 At the discretionof the City Engineerand/or theAssistantCity Manager/Directorof Public Works, thefollowingimprovementsshallbeconstructedandapprovedbythePublicWorks departmentpriorto releaseof certificateof occupancyfor anybuildingswithinPhase2 shown on Exhibit 1:

Improvements, includingbut notlimitedto, thoselistedin COA2.8, 2.21, 2.23, and

2. 30.

X 3. 10 This project is conditioned to build certain DIF facilities and will receive DIF credits for building those facilities as indicated in Section 2.0. The amount of the DIF credits will be basedon anengineer's costestimatethatwillbereviewedandapprovedbytheCity.

Reconciliation of DIF credits will occur when the actual costs are known and will be completed prior to the acceptance/ approval of the improvements.

X 3. 11 Submita reportcertifyingthatallpublicimprovementsconstructedaspartoftheprojectare compliantwithapplicableADAregulations. Thereportshallbepreparedandsubmittedbya CertifiedAccessSpecialist (CASp). Thereportmustbereviewedandapprovedpriortothe CityCouncil'sacceptanceofpublicimprovements. Theproposedpublicimprovementsmay causeexistingpublicimprovementsadjacentto orwithinthe projectareato be reconstructedin order to complywith ADA regulations.

MB
Attachment
111

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION

ITEMS REQUIRED FOR FIRST PLAN CHECK SUBMITTAL
PARCEL MAP NO. 19689( PL 15- 0529)
PROJECT ENGINEER: Michael Bhatanawin
DATE: July 13, 2016

A COPY OF THIS CHECK LIST MUST BE SUBMITTED WITH THE FIRST PLAN CHECK 1 Copy of Public Works Department Conditions of Approval 2 Sets of Maps ( Subdivision Only)
2 Copies of preliminary Title Report ( no older than six months) ( Subdivision Only) 1 2 Copies of Closure Calculations ( Subdivision Only)
1 Set of Referenced Maps ( Subdivision Only)
2 Copiesof PreliminarySoils Report (no olderthan sixty days) 2 Copies of lot line adjustment certificate
2 Copies of lot merger
2 Copies of right- of- way dedication
4 Sets of Rough Grading Plans
1 5 Sets of Precise Grading Plans
4 Sets of Storm Drain Plans
2 Copiesof Hydrologyand HydraulicCalculationswith BackupData Signed and Sealed by a Registered Civil Engineer)
2 Copiesof EngineeringCostEstimate (OnCity Forms) with Engineer's Wet Signatureand Stamp
4 2 Sets of Street Improvements Plans
2 Copies of Cross-Sections (if street plans are required) at 50' intervals and extended a minimum of 100' beyond limits of improvements
3 Sets of Sewer Plans
3 Sets of Domestic Water Plans
3 Sets of Recycled Water Plans
1 2 Sets of Street Light Plans
2 Copies of Voltage Drop Calculations ( Signed and Sealed by a Registered Engineer) 2 Sets of Signing and Striping Plans
2 Sets of Traffic Signal Interconnect Plans
2 Sets of Traffic Signal Plans
1 Water Quality Management Plan
112
PARCEL MAP 12- DATE
113
EXHIBIT " C"
PARCEL MAP NO. 19689

ORBIS REAL ESTATE PARTNERS

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

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

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

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

4. Developer's prior and present use of the property to be dedicated has not resulted in the release of any HazardousSubstanceon the property to be dedicated.

5. All personsexecutingthiswarrantyherebyrepresentandwarrantto the Cityof Chino, and Developer hereby represents and warrants, that the signators hereto have the legal power, right and authority to execute this warranty on behalf of the Developer and that the signators hereto have sufficient knowledge or expertise, either personally, through reasonable inspection and investigation of the property, or through reasonable reliance upon the investigation and professional opinion of Developer' s environmental experts, to make the representations herein, and that no consent of any other party is 01225. 0006/ 367559. 3 C- 1
114
requiredto executethiswarrantyand makethe representationshereinon behalfof the Developer to the City of Chino.

Each of the undersigned persons declares under penalty of perjury that the foregoingis trueand correct.

Dated:

ORBIS REAL ESTATE PARTNERS
By:

Proof of authorization for Developer' s signatures is required to be submitted concurrently with this environmental warranty.
01225 0006/ 367559 3 C- 2
115
an
I ; J
SUED pREKJ| UkJ 0250O
r
PREMIUM: ^."^""
Bond No,: PB00067200381
Contract - Nu 20 1 ~ / q
fzfpp v: 0/

FAITHFUL PIERFORMANCE BOND
Parcel Map No. 19689
WHEREAS, the City Council uf the City of Chino, State uf California, hereinafter designated aa ''C{TY^ snd rbis Real Estate Partners, LLC hereinafter designated em PRINCIPAL," have entered into an agreement v/hereby Principai agrees to install and complete certain desigr,_Ited public improvements, which said agnaemant. dated April 2O. 2021 and identified as F n eot No. Parcel K ap No. 19689 is here referred to end made part h reof and WHEREAS, said Principal is required under 'the terms of said agreement to furnish a bond fortha performanoaof said agreement.

NOW, THEREFORE, we, the Principal and Philadelphia | ndemnity insurance ' Company surety. are held and firmly bound unto the City uf Chino in the penal SLIMof Eighty One Thousand and OO/ 1OD` s Dollars ($ 81. OUU- OU lawful money of the United Statea. forthepaymentofwhichaumvveUandhn| yiobemade. webindourae/ ves. uurheirs. auooeaeona. exeoutuns` and administrators, ] ointlyand severally, firmly by these presents.

The condition of this obligation is such that if the above- bound Principal, his or its heim, exooutors, administrators, successors, or assigns, shall in all things stand to andabide by, and well and truly keepand perform ihe covenants, conditions, and provisions in said agreement and any alteration thereof made as therein provdad. on his or its part, to be kept and performed ot the time and in the manner therein epocified, and in all respects aouundingto their true intent and meaning, and shall indemnify and save honn|ena City, its nfficeo, agente, and ennp{ oyeeo, as therein e1ipu|ated, then this obligation shall become null and void-, othemviae it shall be and remain in full force and effect.

As part of the obligation Secured hereby and in addition to the hsoe amount specified therefur, there shall be inoilud*d costsand reasonableexpensesand fees includingreeaonab|eottorneye' feeo, incurredby City in aucoeaofu||y enforcingsuch ob;igation. all to be taxed as costs and included in any judgment rendered, The surety hereby stipulates and agrees that no change, extension of1ime, a/1enatiun, or addition icthe arms of the agreement or to the work to be performediheraunderor [ he specifications accompanying the same shall in any way affect its obligations on this bond, and itdoao herebywaive notice of-any auohohonge, axtension Of time, alteration, or addition to the terms of the agreement cr 1:o the work or to the specifications.

IN VVITNESSVVHEREOF. this instrumenthas been duly executed by Principal and Surety above named. on June 4. 2O21
Orbis Real Esioia Partners. LLC Philadelphia Indemnity Insurance Cumpa[ iv

PRINCIPAL SURETY
By: By:

Fenme Bal ~~ ~' ln-Fact

S IGNATURESMUS TEE NOTARIZED
8( J
nexmuzo/ y) Page / OTI_-
116

ACKNOWLEDGMENT
PA notary public or other officer competing this
certificateventes onlythe identityof the individual
who signed the document to ,ivhich this ,certificate is attached, andnotthe truthfulness, accuracy, or
vaildity of that document
State of Californla
County of Orange
PIAL-3 Horn NotaryOn \ J ncte„
Nneat name and title of the officer)
personally appeared
who proved to me on the basis of 3atisfactory evidence tb be the person,( s) ', Nhose en is subscribedto thewithin instrumentandacknowledgedto me thathe/she/they executedthe same tr his/ her/ their authorized eapacity( ies), and that by Ns/ her/Their signature( s) on the instrument the person( s), ortheentityuponbehalfollyvhichtheper-..3ohr,s acted executedthe instrurner* certify under PENALTY OF Ni .EiRd U FR.t under the iativ, 3 ol' tfie of California that the to,rt-,t‘,!-, paragraph is true and correct,
vVITiNiES6 rny hand and 3rri HAW ANDREWiiP
213,3 9 3-4-•
P^,:bik; • 7.?
S:.3P1. Nrsje C„;un
Signature tifien0
117
rr

PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004- 0950
Power of Attorney
KNOWALLPERSONSBYTHESEPRESENTS:ThatPHILADELPHIAINDEMNITYINSURANCECOMPANY(theCompany),acorporationorganizedand existingunderthelawsof theCommonwealthofPennsylvania,doesherebyconstituteandappointJuliaB. Bales,KennethA. Coate,StephanieFisherandRenae Balderasof HUBInternationalof CaliforniaInsuranceServices, Inc., its trueandlawfulAttorney-in-factwith full authorityto executeonits behalfbonds, undertakings,recognizancesandothercontractsofindemnityandwritingsobligatoryinthenaturethereof,issuedinthecourseofitsbusinessandtobindtheCompany thereby,in anamountnotto exceed$50,000,000.00.

ThisPowerofAttorneyisgrantedandissignedandsealedbyfacsimileunderandbytheauthorityofthefollowingResolutionadoptedbytheBoardof Directorsof PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14`h of November, 2016.

RESOLVED: ThattheBoardof DirectorsherebyauthorizesthePresidentor anyVice Presidentof the Company:(1)AppointAttorney(s)in FactandauthorizetheAttorney(s) in Factto execute on behalfof the Companybondsand undertakings, contractsof indemnityand other writingsobligatoryin thenaturethereofandto attachthesealof theCompanythereto;and 2) toremove,atanytime,anysuchAttorney-in-Factandrevoketheauthoritygiven. And, be it

FURTHER
RESOLVED: Thatthesignaturesof suchofficersandthesealof theCompanymaybeaffixedto any suchPowerof Attorneyor certificaterelatingtheretobyfacsimile,andanysuchPowerof Attorney so executed andcertified by facsimile signaturesand facsimile seal shall be valid andbindingupontheCompanyin thefuturewith respectto anybondor undertakingto which it is attached.

IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCECOMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27n1 DAY OF OCTOBER, 2017. 192 7
Seal)
Robert D. O' Leary Jr., President& CEO
PhiladelphiaIndemnityInsuranceCompany
Onthis27'hdayofOctober,2017,beforemecametheindividualwhoexecutedtheprecedinginstrument,tomepersonallyknown,andbeingbymedulyswornsaidthat heisthe thereindescribedandauthorizedofficer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; thatthe sealaffixed to saidinstrumentis the Corporatesealof saidCompany;thatthesaidCorporateSealandhissignatureweredulyaffixed. r;": crMtU' lY71. hhSr1:'
y
11 rm,. cty
ser rY\)& )>x " tt. 1Nota Public;wu NnYnhP'• M: rl: nv^.. rqr ry 1iV4 't MarcLi.;gr'ii •i, c snvw aaaanun
residing at: Bala Cynwyd, PA
Notary Seal)
My commission expires: September 25, 2021
1,EdwardSayago,CorporateSecretaryof PHILADELPHIAINDEMNITYINSURANCECOMPANY,doherebycertifythattheforegoingresolutionof theBoardof DirectorsandthePowerofAttorneyissuedpursuanttheretoonthe27'hdayofOctober,2017aretrueandcorrectandarestillinfull forceandeffect.I dofurthercertify thatRobertD.O'LearyJr.,whoexecutedthePowerofAttorneyasPresident,wasonthedateofexecutionoftheattachedPowerofAttorneythedulyelectedPresident of PHILADELPHIA INDEMNITY INSURANCE COMPANY.

In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 4th day of June 20 21 1927 Edward Sayago,Corporate Secretary

PHILADELPHIA INDEMNITY INSURANCE COMPANY
118
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE § 11E9 Anoturypub| iuorothe/ offioeroump{ebngthiuoartifioateverifieson| ytheidenbtyuftheindividua| whosignedthe documentto whichthiscertificateisattoohed, andnotthetmtNb|naas, accuracy, orvalidityofthatdocument.

StatefC | ifoo a rnia
County Of Riverside
n befoneme. ua a J. Alvarado, Notary Public
Date Llene / naer Name and Title of the {} ffioe/
personally appeared aeuae oazuezao
0e/ na( s) ofSigner( s)
who proved to me on the basis of asdiofooioryevidence 'cc) be the person(o) whose name(* subscribed to the within instrument and acknowledged to me Lhat4a/ she/Mepexeuutud the aome in his/ henthaif authorized capauityAes). and that byhis/ her/#+ eifuigna1ure( ayon the instrument the penoon,S nr the entity upon behalf ufvvhioh the penyon 4 acted, exeouted the instrument.

Yuortify under PENALTY OF PERJURY under the |a`mu
of the State uf Californiathat the foragoing paragraph
iatrue and 3urreot.

MTNESS my hand and official oeal.

Signatuna_
Signature of Notanl PUblic
Plac* Nmtanj Seal Above
OP170hAL ---------
Though this section is 4otiunal, oo/np6stng - h/a information oan deter alteration of the doou/ nent or fraudulent reattachment of this form, h: an unintended doournenL Bescriptiomcf Attachad Document
Title or Type of Document: _- Document Date:

Number of Pages: Signer( o) <] therThan Numad Above:

Capami-ity(Ieej Cilairmed by Signor( s)
Signer' s Nanna Signer' s Name:__
I Corporate Officer — Tit] e( a): O Corporate Officer — Tit| a( a):

OPartner — OLimitod [] General OFartner — [ 1Limited El General O ] ndividua| OAttorney in Fact O individual El Attorney in Fact El Trustee O Guardian or Conservator El Trustee O Guardian or Conservator OOthar: O Other
Signer / aRepresenting: Signer Is Representing:
02014 National Notary Association ^ wwu. Nationu| Notary, org ' 1- 80U' US NOTARY( 1- 8OU- 87G- 8827) | tem # 58O7 119
zo
SUED | N ONE ORIGINAL[ OUNTERPART. ` * ' PREKd| Uk8: INCLUDED | NTHE PREKX| UK8 CHARGED FOP, THE

PERFOR NCEOOND
Bond No..- PBOU067200381
Contract No' 7 4 - ---
Approved:
rn

LABOR AND MA TERIAL BOND
Parcel WapNo. i9889
WHEREAS, theCity Council of the City ofChino, State ofCaUfornia. hereinafter designatedao''CiTY^ and Drbiu Real Estate Partners, LLC hereinafter designated oa PRiNC|PAL.^ haveenteredinto an agreementwherebyPrincipalagreesto install and completecertain deaignaied pub| io improvements, which said agreement dated April 20. 2821 and identified as pi- ojeut No. Parcel Map No. 19689 . is heraby re&arred 10 and made o part hereof; and WHEREAS, undertheterms of saidagreernent, Pri;icipai is required, before enteringupon the parfonr the work, tofile agoodand sufficient paymentbond'vi/ith the Cjty of Chinoto secure the claims tcvvhichreference is made in Title IS( commencing with Section 3082) al Part 4 of Division 3 of the Civi Code of the State ofCa| ifornim, NOW THEREFORE. said Principalandtheundersigned, ss corporatesurety, areheXdand firmlybound unto the Cityof Chino, and all contractors, Subcon-tractors. ]aborera, materiail, men, and other persons employed in ine perfbrmanoe of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the aum of Forty Thousand Five Hundred and 0O/ 1UU' a Dollars ($ 4U. 5OO. 00 ) for rnateha| s furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Ant vvith respect tosuchwork orlabor, that saidsuretywill pay the samein anamountnot exceedingthe amount hereinaLove set forth, and also in case suit is brought upon this bond will pay, in addition to the face amountihereof. -costs and raauonab|a expensesandfees, includingreasonableattorneys' [eea, incurredbyCityinsuccessfully-enforcingsuch, obYigation, to beawardedandfixedbythecourt, andto betaxedascostsandtobeincludedinthejudgmenttherein rendered.

It is herebyexpresslystipulated arid agreed that this bond shall inure to the benefitof any and a(| persons, ompanie». end oorpor tion entitled Lo5JaClaimsunderTii( e | S (commencing with Section 3082) of Part 4 of vision 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this i_ ond
Should the condition of this bond be lbi|y performed. then this obfigadun shall become null end void, othemvise it shall be and remain in full force and effect.

The surety hereby stipulates and agrees that no uhange, extension of time, a|taration, or addition io the Z;rma of the agreementor the specificationsaccompanyingchesame shall in any way affect its obligations on this i-Jond, and it does hereby Waive notice ufany such change, extension offtime. aItemation. or addition.

IN WITNESSWHEREOF, this instrumenthas been du|y executed by Principal and Surety above named. on June 4. 2021
Dnbia Real Estate Partnero, LLC Philadelphia Indemnity | naunonoa Company

PRINCIPAL SURETY
By: By: _
Renee BaNerae. Attorney | nFao

SIGNATURE( S) MUSTBE NOTARIZED
120
1 ACKNOWLEDGMENT 1
1 A notarypublicor otherofficer completingthis
certificate verifies only the i( entity of the indlviduai who signed the document to which this cartilicale is
attached, andnot thetruthfulness, accuracy, of
validity of that document,
State of C.;alifornia _ l'
County of 017-1.ncie 1
1 On before N- • Horn., r at, rY ( 1 h -
2 71d title (. D.:: the officer)
personally appeared
who proved to me on the hat o of catisfacstohy ........... . to be titie person( s) whose riarne( f`,, subscribed to he within ins tru r nen t and a ckr owledcfsd tr: - J-1,3 that heisheitnely executed hisiheritheif authorized capapit,: y( ies), and that by nisiliaiT/their signature(s) on the instrufh,sh- the person( s),
or the entity upon behalf of which the person(s) acted, executed the instrument 1Certify Under PENALTY OF PFEW JR',/ nod.. .,-., e 5- i‘f S ,-'., s
the :',, teite of Cai krnia that the forebc ,,..:,,
paragraph is true and correct, 1
1 Ni
Pffi'lLIP ANDkEW ilt;. RN .

N - 1- P - 3S my hand and official', s,,,, al. lki .';ONIM, .'; 2 9 NOgn01PIAbh,;
gig0'..;,) ill t V
Signature i S Ari
121

PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004- 0950
Power of Attorney
KNOW ALL PERSONSBY THESEPRESENTS:That PHILADELPHIA INDEMNITY INSURANCE COMPANY( theCompany),a corporationorganizedand existing underthelawsof the Commonwealthof Pennsylvania,doesherebyconstituteandappointJulia B. Bales,Kenneth A. Coate,StephanieFisher and Renae Balder-as of HUB International of California Insurance Services, Inc., its true andlawful Attorney-in-fact with full authorityto executeon its behalf bonds, undertakings,recognizancesandothercontractsofindemnityandwritingsobligatoryinthenaturethereof,issuedinthecourseofitsbusinessandtobindtheCompany thereby, in an amount not to exceed$50,000,000.00.

ThisPower of Attorneyis grantedandis signedandsealedby facsimileunderandby theauthorityof the following Resolutionadoptedby theBoardof Directorsof PHILADELPHIA INDEMNITY INSURANCE COMPANY on the l4` h of November, 2016.

RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company:(1)AppointAttorney(s) in FactandauthorizetheAttorney(s)in Factto execute on behalf of the Companybondsand undertakings, contractsof indemnityand other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and 2) to remove, at any time, any such Attorney- in-Fact and revoke the authority given. And, be it

FURTHER
RESOLVED: That thesignaturesof suchofficersandthesealof the Companymaybe affixed to any suchPowerof Attorneyor certificaterelatingtheretoby facsimile,andanysuchPowerof Attorney so executed and certified by facsimile signaturesand facsimile sealshall be valid andbindingupontheCompanyin thefuturewith respectto any bondor undertakingto which it is attached.

IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCECOMPANY HAS CAUSED THIS INSTRUMENTTO BE SIGNED AND [ TS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27' DAY OF OCTOBER, 2017. 1927
Seal)
Robert D. O' Leary Jr., President& CEO
Philadelphia Indemnity Insurance Company
Onthis27`"dayofOctober,2017,beforemecametheindividualwhoexecutedtheprecedinginstrument,tomepersonallyknown,andbeingbymedulyswornsaidthat he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the sealaffixed to said instrument is the Corporatesealof saidCompany;thatthesaidCorporateSealandhissignatureweredulyaffixed i. rwrti, trrrl- k
Notary Public: 4i"lwv N,,rto IeP. Y' rllgTMev=:; rU'
ctc1vr waaarnun
residing at: Bala Cynwyd, PA
Notary Seal)
My commission expires: September 25, 2021
I, EdwardSayago,CorporateSecretaryofPHILADELPHIAINDEMNITYINSURANCECOMPANY,doherebycertifythattheforegoingresolutionof theBoardof DirectorsandthePowerof Attorneyissuedpursuanttheretoonthe27'hdayofOctober,2017aretrueandcorrectandarestillinfull forceandeffect.I dofurthercertify thatRobertD.O'LearyJr.,whoexecutedthePowerofAttorneyasPresident,wasonthedateof executionoftheattachedPowerof AttorneythedulyelectedPresident of PHILADELPHIA INDEMNITY INSURANCE COMPANY.

In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 4th day of June 2021 1 92 f
Edward Sayago,Corporate Secretary

PHILADELPHIA INDEMNITY INSURANCE COMPANY
122
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 c..._...::,'.:::<
A notarypublicorotherofficercompletingthiscertificateverifiesonlytheidentityoftheindividualwhosignedthe documenttowhichthiscertificateisattached, andnotthetruthfulness, accuracy,orvalidityofthatdocument State of California
County Of Riverside
tY '• - ,
On before me, Karina J. Alvarado, Notary Public
Cate Here Insert Name and Title of the Officer
personally appeared Renae Balderas
Name( s) of Signer( s)
who proved to me on the basis of satisfactoryevidenceto be the person(s) whose name(c) is/are- subscribedto thewithininstrumentandacknowledgedto methathe/she/titer executedthesameA his/her/theirauthorizedcapacity(ies), andthatbynislher/thoirsignature(s)ontheinstrumenttheperson(s), or the entity upon behalf of which the person-(s),acted, executed the instrument, I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct,
WITNESS my hand and official seal,
I

4.,41 , •:\..: , N \ p 7, ;•::;-7. l'•
OVA'! ir,-; ''') 1 f]\/
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Signature
Signature of Notary PublicN,,,,,,* wrivh, FaA. '''''''', 414,, cC,,,
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5,,;,,,,.,,,:;,,,, i;,,, e.,,,o!!,,:, , ouL . 2,, , i,,z,'-,,,,,-- •,•-•,-•.;,....;.,:

Place Notary Seal Above

OPTIONAL,
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Document Date:

Number of Pages: Signer( s) Other Than Named Above:

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Signer' s Name: Signer' s Name:

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WARRANTYBOND
Parcel WapNo. 10G8Q
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as ITy^ and O/ bia Real Estate Partners, LLC hereinafter designated as PF7| NQPAL.^ have entered into an agreementwhereby Principalhas agreed -to warrant and goBrantee ihS installation, comp|etion, and maintenance ofcartain jeaigmatud public irnprovements, which saici agneennenL` dated April 2O. 2021 and identi ed as ProiectMo, pW 19889 . is hereby re[ arneUto and made 8 part hereof- and
WHEREAS, said Principal is required under the terms of sa-lid @greement to fumish a bcnd for th's vvsrranty of said improvements.

Phi12de|phia indemnity
N( 3VV' THEREF(] RE, we, the Principal, and Insurance C» mPanY as surety, ere he| d and firmly bound unto the City of Chino in the penal sum of Eight Thousand One Hundred and 8O/ 1OO' o Dollars ( SO. 1O0- OU Uevvfulmoney of the L/nited Gt3ƒes, for the payment of which sunn m/e|| and truly to be made, we bind ourselves, our heirs, sucoasSorS, ex8cu1ons, and adnninietnatUns, jointly and aeversUy. Urrn<y by these presents.

The condition of this obligation is such that if the above bound Principal, his or its heirs, exeCUtOrS, adrninietrotQns, aucoe3ooro, or assigns, shall in all things stand to and abide by, and well and truly keep sind perform the covenants, conditions, and provisions in said agreement and any alteration thereof made as therein provided. on his or their part. to be kept and parforrned thereof made as therein provided, on hisnrits part, to be kept and performed at the tirne and in the manner therein specified, and in ail respects a= rding to their true intent and meoning, and shall indemnify and save harmless City, its o0ioens, agen1a, and ennp| oyeoa, as therein stipu| ated, then this obligation shall become null and void; otherwise itshall be and remain in full force and - effect,
As o pa of the obligation aeounyd hemaby, and in oddition to in-- face rnoun1 specified therefor, ihen* shoUbe included Costs2nd reasonable expenses andfeeo ino]uding reasonable --attorneys' fees, incurred by the City in success- fully enforcing such obligation, --- k to be taxed as costs and incUuded in any iudgrnent rendered.

The aUnatyhereby stipulates and agrees that no change extension of time, a|teration, or addition iD the terms Of the agreement or to the vVDrkto be performed thereunder or the SoeCific8don8 accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive qnt| os of any such change, extension of time, a|teretiOn. or addition to the terms of-the agreement or to me work or to the upacificabona,
MWITNESSWHEREOF, this inatrurnenthas been clu|yexecutnd by Principal and Surety above named, on June 4. 2U21
rbia Real Estate Partners, LLC Philadelphia Indemnity Insurance CoZ4van-y

PRINCIPAL SURETY
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S/ GVVA MUST BEN(] 7A. RIZED
124
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT' CIVIL CODE 31189 A notary public or other officer completing this certificateverifies only the dentity of the individualwho signed documentto whichthiscertillcateis attached,and notthe buthfulness, accuracy, or validityof that document.

State ol CaUiomia
Cuuntyof_ Riverside
On ' ' '/ b n* m, xa ioa J. Alvarado, Notary Public Date Here maer' Nome and Title of the Office(
personally appeared nena= aaluoraa
N`ame( s) ofSigner( s)
vvho proved to me on the basis of satisfactory evidence to be the penaon(s whose numa(e ia/are- Subscribed to the within instrument and acknowledged to me that 4e/ahaAhe oxecutedthe same in ha/hnr/thej-rauthorizodoupaoityA*s), andthatbyhia/hen4h*4paignature(u)ontheinotrumentthepanoonlsT or the entity upon behalf of which the peroon(s aoted, executed the instrument.

I certify under PENALTY OF PERJURY under the |uvvo
of the State of California that the foregoing paragraph is true and correct,
N/ITNESS my hond mnd o ioiu/ oou
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Signature of Notanl Public
PiamaNotany Seal Above

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Though this section is optional, completing this infoi-i-nation can deter alteration of the dooumentlor 6oudulen// eattachmeot o/ this form to an unin/ ander! documenL Description of Attached Document
Title or Type of Document: Document Date
Number of Pagan: Signer( u) Other Than P.boxn:

Oupacity( iee) Cyaimmedby Signer( s)
Signer' s Name: Signer' s Name.-
El Corporate Officer -- Tibe( s)- OCorporate Officer — Tit| e( a):

U Partner -- O Limited [] General O Partner — O Limited [ l General El individual OAttorney in Fact U Individual O Attorney in Fact El Trustee O Guardian or Conservator UTruatee OGluordian or Conaen/ atur OOther O Other:

Signer Is Representing: Signer Is Representing:
02014 National Notary Association ^ www. Nationu| Notoryorg ' 1- 800' US NOTARY ( 1' 800- 878- 6827) | tem# 5A87 125

ACKNOWLEDGMENT
A notarypublicor otherofficercompletingthis
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, andnotthe truthfuliess, accuracy, cr
validity of that document.
state of California
3:purity ( Di. Oir?incy:

On tJ Ran — " Hnrn 1ntur Pu-
insert name and title di' the officer)
person50y appeared
who proved to rile n • lthe badis eatlsi' aciony evidence 6 be the person ) 0 Se n a TITS ) subscribedto thevvithinInstizneni: andack,n,,Dwfr--..pdgedI:n.) Me thathe/she/they ex.acutedthe same hisiheritheirauthorizedcep,adity(ies,t, andthat by his/her/theirsignature(e) on .theinstrumentThe person( s),
or the entity upon behalf of which the dersonts) acted, executed the instrument. certify under PENALTY OF PErinJUIRYLi d c'the laws of the State of California that the paragraph is true and correct„
eftowl 10,1 AN.ohlittNUNES: 3 my hand and op b seal. AkAM ', c1.2 2 Li - 3- 1, I I]
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126

PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004- 0950
Power of Attorney
KNOW ALL PERSONSBY THESEPRESENTS:That PHILADELPHIA INDEMNITY INSURANCE COMPANY( theCompany),a corporationorganizedand existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Julia B. Bales, Kenneth A. Coate, Stephanie Fisher and Renae Balderas of HUB International of California InsuranceServices, Inc., its true andlawful Attorney-in-fact with full authorityto executeon its behalf bonds, undertakings,recognizancesandothercontractsof indemnityandwritingsobligatoryinthenaturethereof,issuedinthecourseofitsbusinessandtobindtheCompany Meteby, in anamount not to exceedS50,000,000.00_
ThisPowerof Attomeyis grantedandis signedandsealedby facsimileunderandby theauthorityof the following Resolutionadoptedby theBoardof Directorsof PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14'h of November, 2016.

RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company:(I) AppointAttomey(s)in FactandauthorizetheAttomey(s) in Facttoexecute on behalf of the Companybondsand undertakings, contractsof indemnityand other writingsobligatoryinthenaturethereofandto attachthesealof theCompanythereto;and 2) to remove, at anytime, any such Attorney- in- Fact and revoke the authority given. And, be it

FURTHER
RESOLVED: Thatthesignaturesof suchofficersandthesealof theCompanymaybe affixedto any suchPowerof Attorneyor certificaterelatingtheretoby facsimile,andanysuchPowerof Attorney so executedand certified by facsimile signatures and facsimile seal shall bevalid andbindingupontheCompanyin thefuturewith respectto anybondor undertakingto which it is attached.

IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27TH DAY OF OCTOBER, 2017. 1927.

Seal)
Robert D. O' Leary Jr., President& CEO
Philadelphia Indemnity Insurance Company
Onthis27thdayofOctober,2017,beforemecametheindividualwhoexecutedtheprecedinginstrument,tomepersonallyknown,andbeingbymedulyswornsaidthat he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate sealof said Company; that the said Corporate Seal and his signature were duly affixed. iWM: wNtry. i:. 5 cCM'. r1YAM4
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residing at: Bala Cynwyd, PA
Notary Seal)
My commission expires: September 25 2021
1,EdwardSayago,CorporateSecretaryof PHILADELPHIA INDEMNITY INSURANCECOMPANY,do herebycertify thattheforegoingresolutionof the Boardof DirectorsandthePowerof Attorneyissuedpursuanttheretoonthe27'sdayof October,2017aretrueandcorrectandarestill in full forceandeffect.I do furthercertify thatRobertD.O'LearyJr.,whoexecutedthePowerof AttorneyasPresident,wasonthedateof executionof theattachedPowerof Attorneytheduly electedPresident of PHILADELPHIA INDEMNITY INSURANCE COMPANY.

In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 4th day of June 20 21 1z _ Edward Sayago,Corporate Secretary

PHILADELPHIA INDEMNITY INSURANCE COMPANY
127

MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: APRIL 20, 2021
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR SUBJECT: PUBLIC IMPROVEMENT AGREEMENT - PARCEL MAP NO. 19689 ( ORBIS REAL ESTATE PARTNERS).

RECOMMENDATION
Approve a Public Improvement Agreement and securities with Orbis Real Estate Partners for the construction of public improvements associated with Kimball Business Park, Phase II; and authorizethe City Managerto executethe necessarydocumentson behalfof the City.

FISCAL IMPACT
There is no direct fiscal impact.

Revenue: Expenditure:

Transfer In: Transfer Out:
128
COUNCIL MEETING DATE: APRIL 20, 2021
SUBJECT: PUBLIC IMPROVEMENT AGREEMENT - PARCEL MAP NO. 19689 ( ORBIS REAL

ESTATE PARTNERS)
PAGE 2

BACKGROUND
Parcel Map No. 19689 consists of approximately 70 acres of land for the construction of a 1,203, 050 square foot industrial park. The project is generally located on the north side of Kimball Avenue, west of Hellman Avenue, east of Flight Avenue, and south of Remington Street see Exhibit A in the attached Agreement). Parcel Map No. 19689 was conditionally approved by the City of Chino Planning Commission on July 18, 2016.

The Conditions of Approval for Parcel Map No. 19689 required Chino Kimball Industrial, LLC to construct certain public improvements to mitigate the project's impacts. The requirements made at the time of the tentative map approval have been met by the execution of the Subdivision Improvement Agreement on July 18, 2017 and by posting the necessary securities to guarantee the construction of the required public improvements.

The public improvements were constructed to the satisfaction of the City Engineer and meet all applicableCity and accessibilityrequirements. The publicimprovementswere acceptedby the City Council on November 17, 2020.

ISSUES/ ANALYSIS
Chino Kimball Industrial, LLC has since sold Phase II of the Kimball Business Park project to Orbis Real Estate Partners ( Orbis). Orbis needs to complete the water improvements to serve Parcels 9-20 of Phase II. Consequently, staff prepared a Public Improvement Agreement to address the delta revisions triggered by the modifications made to the original site plan.

Therefore, it is staff' s recommendation to the City Council to approve a Public Improvement Agreement and securities with Orbis Real Estate Partners for the construction of public improvements associated with Phase II of the Kimball Business Park project.

Attachment: Exhibit A - Location Map
Exhibit B - Public Improvement Agreement
129
REQUEST FOR CONTRACT/ AGREEMENT APPROVAL CCO Staff Use Only:

CONTRACT#
ph
s
Please fill in all blanks or the document will be returned. Please ensure all o2j - 1-1S exhibits are attached and the contract has been signed by the vendor, and City Attorney before submitting to the City Clerk. ALL Contracts must be attested by APPROVAL DATE the City Clerk. Originals to remainon file in the City Clerk's Office. r It is the Department' s responsibility to provide an executed copy to the vendor. 11111 12O,#le
I. CONTRACT INFORMATION121 qb 1I12612o
STAFF REPORT# 3643
Current Contract#
If applicable)
Description/ Co tion Credit/ Reimbursement Agreement PM 19689 Purpose of Contract
Council Date ( If applicabl 11- 17- 20 Requested
by/ Ext S. Ramos x3418
Note: Non- City Forms Only Contract Type City ® Successor Agency City Attorney Review
Required Other:

II. BUDGET/ VENDOR INFORMATION
VENDOR NAME SARES- REGIS VENDOR NUMBER 26444
DBA Business License Not Applicable
Fiscal Year ® Current ( Next W- 9 Attached Not Applicable GL Acct No./ Project#: Not Applicable

DIF CREDIT REIMBURSEMENT AGREEMENT
Contract Amount $ 2, 845, 532
Notes:

Fiscal Year 2020- 21
Public improvements were accepted by the
Set contract at $ 1. 00 City Council on 11- 17- 20. The final cost accounting is in progress. Final Water DIF
payment will be remitted and City will begin
making payments to the developer for B, S
T.

EST. START DATE 11- 17- 20 EST. COMPLETION DATE UPON THE FINAL COST

ACCOUNTING

REQUIRED ATTACHMENTS RIDER ENGINEER' S COST ESTIMATE MONUMENTATION III. SIGNATURES:

Origjiating D ment: Finance Approval
c iNi\ CS t ; C, Not Required/ Non- Purchasing
Sylvi. Ramos, Management Analyst Date Purchasing Manager Date Risk Management Approval
iAA Not Applicable
Nick Lig i, Director Date Risk Manager Date
CONTRACT COVER SHEET FY 2016- 2017
130
Contract No.: Z OZ - 1-18
Approval Date: / i I I n 1Zp * 1

CONSTRUCTION CREDIT/ REIMBURSEMENT AGREEMENT

THE PRESERVE DEVELOPMENT IMPACT FEES PROGRAM

KIMBALL BUSINESS PARK
Parcel Map 19689, as Amended)
This CONSTRUCTION CREDIT AGREEMENT (" Agreement") is entered into this 17`
1'
day of November 2020 (" Effective Date"), by and between CITY OF CHINO, a California municipal corporation (" City"), and CHINO KIMBALL INDUSTRIAL, LLC, a Delaware limited liability company (" Developer"). City and Developer are sometimes hereinafter referred to individually as "Party" andjointly as "Parties".

RECITALS
A. Master Site Approval PL15- 0527, Special Conditional Use Permit PL15- 0528, Tentative Parcel Map PL15- 0529, and Site Approval PL15-0530 as presented by Developer, consistsof approximately 70 acresof land for the construction of a 1,203,050 squarefoot industrial park. The project consists of eight industrial buildings ranging in size from 44,000 squarefeet to 352,000 square feet, and 12 business park buildings ranging in size from 8,000 square feet to 21, 000 square feet in the LI ( Light Industrial) and AR ( Airport Related) land use designations of The Preserve Specific Plan (" Project"). The Project is generally located on the north side of Kimball Avenue, west of Hellman Avenue, east of Flight Avenue, and south of Remington Street Exhibit A). The Project is contemplated to be developedin 2 phases,being "Phase 1" and "Phase 2".

B. Developer has requested from City certain entitlements and/or permits for the Project, and City has grantedthe entitlementsand/or permits subjectto certain conditions of approval provided on Exhibit B which required certain public improvements to be constructed in excess of those applicable to the Project (" Conditions of Approval").

C. The Conditions of Approval also required Developer to pay Development Impact Fees (" DIFs"), as established in Chapter 3. 45 of the Chino Municipal Code (" DIF Ordinance").

The DIFs have beenestablishedby City to finance public facilities in furtherance of the goals and objectives of City' s general plan, various facility masterplans, capital improvement plans, and the nexus reports described in the DIF Ordinance (" Nexus Report").

D. Developer has completed all work required in connection with the design and construction of the Project according to the specifications of the City and under the inspection of, and to the satisfaction of the City Engineer of the City. 6- 30- 20v2
131
E. The DIF Ordinance provides that if, as a condition of approval of a development project, a developer constructs a public facility identified in the Nexus Reports, for which a development impact fee is imposed, Developer shall be eligible to receive a fee credit/reimbursementtoward the DIFs imposedon the Projectfor the sametype of public facility so constructed, and shall be entitled to credit/ reimbursement for eligible costs of constructing the public facility, provided that developer complies with the requirements of the DIF Ordinance as it may be amended from time to time. The DIF Ordinance specifically requires that the developer and City enter into a credit/ reimbursement agreement.

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

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

AGREEMENT:

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

2. Preserve DIF Credit/ Reimbursement.
i. DIF Ordinance Reimbursement or Credit Amount. The City Engineer has determined that the total cost of the public improvements that are eligible for credit or reimbursement pursuant to CMC Chapters 3.45 is " estimated" to be Two Million Eight Hundred Forty- Five Thousand Five Hundred Thirty- Two dollars ($ 2, 845, 532. 00) (" Total DIF Cost"), as more particularly set forth in Exhibit C titled " DIF Eligible Public Improvements Summary" attached hereto and made a part hereof. The foregoing estimate of the Total DIF Cost shall be subject to adjustment based on the final accepted and approved " as-built plans" and specifications and the review of actual cost documentation by the City Engineer pursuant to the DIF Ordinance.
ii. Developer shall be reimbursed for the actual, City Engineer- approved costs Developer incurs to construct the public improvements pursuant to the procedure set forth in this Section.
iii. Phase 1Project Credits. Of the Total DIF Cost, as of July 1, 2020, Two Million Five Hundred Seventy- Four Thousand Two Hundred Eighty- Three and 41/00 dollars ($ 2, 574, 283. 41) (" Phase 1 Project Credit") has been used by Developer as a project credit against The Preserve DIF Circulation Fees otherwise due and payable with respect to Phase 1 pursuant to the DIF Ordinance as more particularly set forth in Exhibit C titled " DIF Eligible Public Improvements Summary" attached hereto and made a part hereof.
2 6- 30- 20v2
132
iv. Remaining Reimbursement and Project Credit. An amount equal to Seven HundredForty-Four ThousandFive HundredSeventy-Nine and40/100dollars 744, 579. 40) for B, S & T Credit ( the " Remaining Amount") remains to be returned to Developer as a reimbursement and/or as a project credit against Preserve DIF Circulation Fees otherwise due and payable by Developer, as more particularly set forth in Exhibit C titled " DIF Eligible Public Improvements Summary" attached hereto and made a part hereof. Separately, an amount equal to Four Hundred Seventy-Three Thousand Three Hundred Thirty- One dollars ($ 473, 331. 00) for Water Credit ( the " Water Credit") shall be returned to City by Developer, as more particularly set forth in Exhibit C titled " DIF Eligible Public Improvements Summary" attached hereto and made a part hereof. The Water Credit shall be paid by Developer to City, and in no event shall the Water Credit reduce or offset the Remaining Amount. v. Phase 2 Project Credits. City acknowledges and agrees that The Preserve DIF Circulation Fees otherwise due and payable with respect to Phase 2 pursuant to the DIF Ordinance equal $ 709, 116( the" Phase 2 DIF Fees"). Developer or any assignee pursuant to Section 5 below shall have the right to use the Remaining Amount as a project credit against Phase 2 DIF Fees. Accordingly, if elected by Developer or any assignee pursuant to Section 5 below, the Phase 2 DIF Fees shall be entirely offset by the Remaining Amount.
vi. Annual Reconciliation. Once each year, commencing February 1, 2021 and each February 1S` thereafter, City and Developer representatives shall meet for the purpose of ascertaining the amount of the reimbursement paid by City to the Developer from Preserve DIF Circulation Fees collected from properties in the Preserve during the prior calendar year and the amount of project credit taken by Developer( or any assignee) against its obligation to pay Preserve DIF Circulation Fees for its development of any portion of the Project. City and Developer shall prepare a document that reconciles the City' s reimbursement payment amount to Developer ( or any assignee), if any, and project credit amount taken by the Developer( or any assignee), if any, attributable to the prior calendar year that shall be signed by said representatives. When so signed, said reconciliation document shall constitute a revision of Remaining Amount then remaining and it shall be binding on the Parties.
vii. Upon the final acceptance of the public improvements by Developer, Developer shall submit to City Engineer such information as City Engineer may require to calculate the actual costs incurred by Developer to construct the public improvements (" Actual Costs").

3. Acceptance of Improvements. The public improvements shall be the sole propertyof City upon the final acceptanceby the City. Developer's Warranty Bond shall remain in effect for one-year from the final acceptance date by the City Council.

4. Indemnity. Developer, to the fullest extent permitted by law, shall indemnify, defend, and hold the City and its elected and appointed officials, agents, employees, and authorized 3 6- 30- 20v2
133
volunteersharmlessfrom andagainstanyandall actions, suits,claims, liabilities, losses,damages, penalties, obligations, and expenses (including but not limited to attorneys' fees, expert witness fees, and court costs) (" Claims") that arise, directly or indirectly, from the design and/or constructionof thepublicimprovements. In addition,theforegoingindemnityprovisionshallonly apply to Claims which are tenderedby the City to Developerby written notice delivered within one-year from the date on which City acceptsthe public improvements and shall survive the terminationof thisAgreementforthatone-yearperiod. It isunderstoodthatthedutytoindemnify andhold harmlessincludes the duty to defendassetforth in section2778 of the California Civil Code.

5. Assignment. Developermay assignthis Agreementto a third party subjectto the approval of City' s Director of Development Services in his reasonable discretion. If Developer desiresto assignthisAgreement, Developershallprovidedetailedinformationasto theproposed assignee as requested by City. Notwithstandinganythingin this Agreementto the contrary, Developer may assign its rights to all or a portion of the Remaining Amount to one or more subsequent owners of all or any portion of the Project, on the form set forth in Exhibit D attached hereto and made a part hereof.

6. Relationship between the Parties. The Parties hereby mutually agree that this Agreementshall not operateto createthe relationshipof partnership, joint venture, or agency betweenCity andDeveloper. Developer'scontractorsareexclusivelyandsolelyunderthecontrol and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of City.

7. Authority to Enter Agreement. Each person executing this Agreement on behalf of Developerrepresentsandwarrantsthatheor shehasthe legalpower, right andauthorityto executethis Agreementon behalf of Developerand that this Agreementis binding upon Developer.

8. Notices. Any notice, demand, request, consent, approval, or communication either Party desiresor is requiredto give to the other Party or any personshall be in writing and either served personally, communicated electronic mail ( with a receipt requested), or sent by prepaid, first-classmail to theaddresssetforthbelow. Noticeshallbedeemedcommunicatedimmediately uponpersonaldelivery, fax or emailreceipt, or forty-eight (48) hoursfromthetimeof mailingif mailed as provided in this Section:

To City: City of Chino
13220 Central Avenue
Chino, CA 91710
Attn: Nicholas S. Liguori, AICP
Director of Development Services
Email: nlieuoriracityolchino. org
With Copy to: Aleshire & Wynder, LLP
188881 Von Karman Avenue, Suite 1700
Irvine, CA 92612
Attn: Fred Galante, Esq.
4 6- 30- 20v2
134
Email: lssalantc(cl,awaltorneys. com
To Developer: Chino Kimball Industrial, LLC
c/o Sares Regis Group
3501 Jamboree Road, Suite 3000
Newport Beach, CA 92660
Attn: Patrick Russell
Email: prussellra! sares- regis. com

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

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

11. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or servicevoluntarily given or performedby a Party shall give the other Party any contractualright by custom, estoppel, or otherwise.

12. Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation, provided that nothing herein shall limit Developer's rights as set forth in Section5 above.

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

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

15. Governing Law; Consent to Jurisdiction and Venue. This Agreement shall be construedin accordancewith andgovernedby thelawsof the Stateof California. Any legal action or proceedingbrought to interpret or enforcethis Agreement, or which in any way arisesout of the Parties' activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of San Bernardino, California.

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

17. City Officers and Employees. No officer or employee of City shall be personally liable to Developer or any successors in interest in the event of any default or breach by City or for any amount that may become due to Developer or any successor(s) in interest or for breach of any obligation of the terms of this Agreement. No officer or employee of Developer shall be personally liable to City or any successor(s) in interestin the event of any default or breach by 5 6- 30- 20v2
135
Developeror for any amount that may becomedue to City or their successorsin interest or for breach of any obligation of the terms of this Agreement.

18. Entire Agreement. This Agreementcontainsthe entire agreementbetweenCity andDeveloperandsupersedesanyprior oral or writtenstatementsor agreementsbetweenCity and Developer.

19. Exhibits. The following exhibits are attachedhereto and incorporatedherein by reference:

Exhibit A Location Map
Exhibit B Conditions of Approval
Exhibit C D1FEligible Public ImprovementsSummary
Exhibit D Approved Assignment Form
SIGNATURES ON FOLLOWING PAGE]
6 6- 30- 20v2
136
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first abovewritten.

DEVELOPER" CITY"

CHINO KIMBALL INDUSTRIAL, LLC,
a Delaware limited liability company
By: ---hc,
vim----- CITY OF CHINO, a municipal corporation
Name. - b( om to C--nuA,- n
Its: Authorized Agent
By:

By: M' tt C al lantyne
Name: City Manager
Its: Authorized Agent
DATED: ( • Z , 2020
TTEST:
t
Angela Robles, City Clerk
iAP
ROVED AS TO CONTENT:
r ,
icholas(,/ s1("
0 iguori, AICP
Director of Development Services
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
By:

Fred Galante, City Attorney
DEVELOPER: TWO PERSONS AUTHORIZED BY THE APPLICABLE ENTITY FORMATION DOCUMENTS SHALL EXECUTE THIS AGREEMENT. COPIES OF

APPLICABLE DOCUMENTS EVIDENCING SUCH AUTHORITY SHALL BE PROVIDED TO CITY. DEVELOPER SIGNATURES SHALL BE DULY NOTARIZED,

AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE APPLICABLE FORMATION DOCUMENTS FOR THE ENTITY. 7 t- 30- 20v2 137
DocuSign Envelope ID: F7607143- 9752- 4838- A5F9- A15354AA1706 IN WITNESS WHEREOF, thePartiesheretohaveexecutedthis Agreementas of the day and year first above written.

DEVELOPER" CITY"

CHINO KIMBALL INDUSTRIAL, LLC,
aDelawarelimitedliability company
By: 1\ aAAJ ____ -a r_----. CITY OF CHINO, a municipal corporation Name. 6.,A, ei t ,._ ( cwsc y- 1
Its: Authorized Agent
By:

By: Matthew C. Ballantyne
Name: City Manager
Its: Authorized Agent
DATED: 2020
ATTEST:

Angela Robles, City Clerk
API ROVED AS TO CONTENT:

LQA0f i
ieholaiguori, AICP
Director of Development Services
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
DocuSigned by:

By: l A--
z/
f-
FredGalante, CityAttorney
DEVELOPER: TWO PERSONS AUTHORIZED BY THE APPLICABLE ENTITY FORMATION DOCUMENTS SHALL EXECUTE THIS AGREEMENT. COPIES OF

APPLICABLE DOCUMENTS EVIDENCING SUCH AUTHORITY SHALL BE PROVIDED TO CITY. DEVELOPER SIGNATURES SHALL BE DULY NOTARIZED,

AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY TILE APPLICABLE FORMATION DOCUMENTS FOR THE ENTITY. 7 6- 30- 20v2
138
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 52,:,. ,,,,-/.: f.- 2C.` 4. <,,,,-- . csis< cS' ` A- x' e{ xx- lci. c. c.xs, cxx"- Kx'. x" xlcc . xn::- A pc, i:.£. 1f: s' 4Sx`- n;`; ec', , 5 fS- A-x-._ c,,, c, 51>.",( x .,. s,, F.._.{' rs A notarypublicor otherofficercompletingthiscertificateverifiesonlytheidentityof the individualwhosignedthe documenttowhichthiscertificateisattached, andnotthetruthfulness,accuracy,orvalidityofthatdocument.

State of California
County of e% v. S / 2 It/? le4
On S42_SI
2 2 — — before me, P/ 4 a A A, wG'v_ plc,_' P- r — t p,,fGttt- Date 1 Here Insert Name and Title of the Officer
personally appeared Vki r 1[t (( Cfa c °
Name(s} of Signed
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)aare subscribed to the within instrument and acknowledged to me that he/ they executed the same in his/Wtheir authorizedcapacity(ies), andthatbyhis/ier/theirsignaturefsj-ontheinstrumenttheperson( or the entity upon behalf of which the persons} acted, executed the instrument.

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

PHIUP ANDREW HORN WITNESS my hand and official seal.

4. COMM. # 2263954 z
g A NotaryPublic - Californiao
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Signature of Notary Public
Place Notary Seal Above

OPTIONAL
Thoughthis section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: 1; f ifvc ho. ciry ocument Date: 02f ?- c_ 7 0
Number of Pages: _ __ Signer( s) Other Than Named Above:

Capacity( ies) Claimed by Signer( s)
Signer' s Name: _-__ _ Signer' s Name:

Ili Corporate Officer — Title( s): __ El Corporate Officer — Title( s):

I Partner — Limited El General I Partner — Limited General 1 Individual Attorney in Fact i Individual Attorney in Fact 1Trustee El Guardian or Conservator Trustee LI Guardian or Conservator 1 1Other: -- -- -- l Other:

Signer Is Representing: Signer Is Representing:
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EXHIBIT A

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EXHIBIT B

CONDITIONS OF APPROVAL
attached]
141

JA JP X MB X

DH IA DC
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E- Mail Sent: 7/ 14/ 16
To: Mike Hitz

PRIOR TO THE THREE MAJOR DEVELOPMENT EVENTS OUTLINED BELOW, THE APPLICANT SHALL SATISFY AND FULFILL ALL CONDITIONS MARKED WITH AN ( X). FAILURE TO COMPLY

WITH ANY CONDITIONS OF APPROVAL SHALL BE DEEMED JUST CAUSE FOR REVOCATION OF PROJECT APPROVAL BY THE PLANNING COMMISSION. HOWEVER, THE DIRECTOR OF

COMMUNITY DEVELOPMENT, THE ASSISTANT CITY MANAGER, AND/ OR THE DIRECTOR OF

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

1. 0 PRIOR TO MAP RECORDATION:

X 1. 1 Provide a preliminary Title Report no older than 60 days.

X 1. 2 Submit a preliminary soils report to the project engineer for review and approval in accordance with Government Code, Section 66434. 5.

X 1. 3a Make the following dedications:

Street Name Distance Direction From C/ L
Flight Avenue 37- ft East
Hellman Avenue 69- ft West
Kimball Avenue 48- ft North

1. 3b Dedicate the following easements to the City:

X 1. 3c Prepare and record necessary drainage easements to implement the project in accordance with drainage law.

X 1. 4 Provide and record a reciprocal use agreement to assure common ingress and egress and joint maintenance of all common access, parking areas and drives.

B- 1
142
PL 15- 0529 ( PM 19689),
PL 15- 0527 ( MSA),
PL 15- 0528 ( SCUP),
PL 15- 0530 ( SA) July 18, 2016
X 1. 6 Execute a Subdivision Agreement and submit security in an amount acceptableto the City Engineer to guarantee construction of the public improvements listed in 2.8, 2.21, and 2.23.

All securitymustbe accessibleto the Cityat anytimeand in a form acceptableto theCity Treasurer, pursuant to Government Code, Section 66499.

X 1. 7 Provide a MonumentationBond in an amount specified in writing by a RegisteredEngineer or Licensed Land Surveyor of Record.

1. 8 Complete and file the petition for annexation of your project property to the City's Landscape and Street Lighting Maintenance District MD 2002- 1.

1. 9 Submit a list of proposed street names for the interior streets to the Street Naming Committee for name( s) selection.

X 1. 10 Comply with all applicable requirements of the City Code.

X 1. 11 Pay all applicable fees pursuant to City Code per the current Public Works fee schedule when fees are due. This includes, but is not limited to, plan check fees and inspection fees.

X 1. 12 Submit a Water Supply Assessment in accordance with Senate Bill 610 and the California Department of Water Resources Guidebook. Applicant shall be responsible for the cost of all studies and reports that may be necessary in order to prepare the Water Supply Assessment.

2. 0 PRIOR TO ISSUANCE OF BUILDING PERMITS FOR ANY LOT WITHIN THE SUBDIVISION/ PRIOR TO ISSUANCE OF CONSTRUCTION PERMITS:

X 2. 1 Record Parcel Map No. 19689 pursuant to the Subdivision Map Act and in accordance with City Code. Provide a duplicate photo mylar of the recorded map to the City Engineer' s office.

X 2. 2 All required plans and studies shall be prepared by a Registered Professional Engineer and submitted to the project engineer for review and approval. All project plans must be approved by the City Engineer' s office before a Building Permit will be issued. All maps, studies, calculation sheets, reports, etc. must be on and/ or folded in an 11- inch x 8 1/ 2- inch standard format.

2. 3 Provide a focused parking and circulation study comprising project access/ egress, internal circulation and project parking analyzes. The study is subject to the review and approval of the City Transportation Manager.

B- 2
143
PL 15- 0529 ( PM 19689),
PL 15- 0527 ( MSA),
PL 15- 0528 ( SCUP),
PL 15- 0530 ( SA) July 18, 2016
X 2. 5 Prepareandsubmita finalgradingplanshowingbuildingfootprints, padelevations, finished grades, drainage routes, retaining walls, erosion control, slope easements and other pertinent information in accordancewith Appendix J of the California Building Code, latest edition.

X 2. 6 Providea certificate, froma RegisteredCivilEngineer, certifyingthatthefinishedgrading has been completed in accordancewith the City approvedgrading plan.

X 2. 7 Design and install a monitoring manhole (per City Standard No. 530) on each domestic sewer lateral connection from any industrial building into the City's main sewer or into a private sewer main that is tributary to the City's main sewer. In addition, design and install a sampling Wye on a stubbed out sewer lateral connection into the main sewer for each industrial building in this development.

X 2. 8 Design per City Standards full public improvements for all impacted and interior streets/ facilities in accordance with City Code, Standards and Specifications. No contractor or subcontractor may be awarded a contract to construct public improvements unless registered with the Department of Industrial Relations ( DIR). Such public improvements may include, but not be limited to the following: ( Please coordinate and verify all requirements with the project engineer.) 6,7,8,9,10
Street Names
Flight Kimball Hellman
Ave Ave Ave'
Curb& Gutter( Offset from Centerline) 22' 33' 33' Sidewalk( Width) 5' 5' 13'
Asphalt Concrete Pavement on Aggregate Base
Width from Centerline) 20' 31' 31'
Asphalt Concrete Overlay
Street Lights' X X X
Median Island and Landscaping1. 2 14' ( full) X4
Parkway Landscaping1. 2 X X X
Striping and Traffic Controls X X X
Conduit System for CATV
Sewer X3 X5
Storm Drain
Domestic Water X12
Recycled Water
Fire Hydrants as required by CVIFD X X X
Traffic Signal Interconnect11 X X X

1. See COA 2. 16.

2. See COA 2. 17.

3. Coordinateconnectionto existing 54" Kimball Interceptorwith Inland Empire UtilitiesAgency( IEUA).

4. West half of the median is eligible for DIF credit per the City Code.

5. Coordinateconnectionto existing 48" main with Inland Empire UtilitiesAgency( IEUA).

6. Ultimate improvements that are in the City' s DIF program and that are above and beyond what is required for the project are eligible for DIF credit per the City Code.

7. Additional right- of-way and improvements may be required to accommodate intersections and transitions.

8. Final pipe sizes are subject to change based on the approved technical studies.

9. Improvementsmust complywith ADA regulationsat the time of acceptance by City Council.

10. Improvements along project frontage are NOT eligible for DIF credit per the City Code.

11. See COA 2. 30.

B- 3
144
PL 15- 0529 ( PM 19689),
PL 15- 0527 ( MSA),
PL 15- 0528 ( SCUP),
PL 15- 0530 ( SA) July 18, 2016

12. Construct a 12" domestic water line from Kimball Ave to 1,520' n/o Kimball Ave. This improvement is eligiblefor DIFcreditpertheCityCode. Pleasenotethatsomeof theseimprovementshavealreadybeen completed by others.

13. Coordinatewith the City of Eastvaleto construct interim improvements (e.g. 15' paved through lane and 5' graded shoulder)on the east side of HellmanAve with appropriateturnaround at the northerly project limits per City of Chino and CVIFD requirements. These improvements are not eligible for DIF credit.

X 2. 9 Obtaindesignandplanapprovalfromappropriateutilitycompaniesfor undergroundingall utility lines adjoining and interior to the project, that include power lines of 34. 5 kV or less, in accordance with City Code, Chapter 13. 32.

X 2. 10 Pay all applicable fees pursuant to City Code per the current Public Works fee schedule when fees are due. This includes, but is not limited to, Development Impact Fees, Sewage Facilities Development Fees, and water meter connection fees.

X 2. 12 Pursuant to Santa Ana Regional Water Quality Control Board Order Number R8-2010- 0036, NPDES Permit No. CAS618036, prepare a project- specific Water Quality Management Plan (WQMP) and submit to the project engineer for review and approval. To address NPDES Permit requirements to the maximum extent practicable, the project shall be designed to specify preferential use of Low Impact Development Best Management Practices that reduce pollutants and runoff volume through structural measures ( e.g. infiltration, harvesting, and bio- treatment) and non- structural measures e.g. preserving natural areas, clustering development, and reducing impervious areas).

The WQMP shall conform to the requirements of the San Bernardino County Stormwater Program, 2013 WQMP Technical Guidance Document.

X 2. 13 Any future maintenance and repair of fire service and sewer laterals to the project site shall be the sole responsibility of the applicant/ property owner in accordance with City Code, Chapter 13. 04. 175 and 13. 12. 150.

X 2. 14 Convey ownership of all existing onsite water wells to the City and convert to monitoring wells as directed by the City's Water UtilitiesSupervisor. Prepare and record any necessary easements to provide the City with access to the monitoring wells. Any existing water wells that cannot be feasibly converted to monitoring wells shall be destroyed per City Standard No. 465.

X 2. 15 Submit to the City electronic files, in Adobe Acrobat PDF format, of all submittals, including reports, studies, improvement plans and City redlines of previous submittals.

B- 4
145
PL 15- 0529 ( PM 19689),
PL 15- 0527 ( MSA),
PL 15- 0528 ( SCUP),
PL 15- 0530 ( SA) July 18, 2016
X 2. 16 The developer is responsible for the continued operation and maintenance of perimeter street lights, common area landscaping, and parkway areas ( landscaping, sidewalk). The project is required to establish an association for the continued operation and maintenance of above improvements or the alternative is to annex the properties into the Preserve Master Maintenance Corporation ( PMMC). The developer/ association shall enter into a maintenance agreement with the City should the properties not be annexed into the PMMC.

X 2. 17 Recycled water shall be utilized for grading operations, dust control activities, and common area/ public landscape irrigation.

X 2. 18 All public street corners shall have a minimum curb radii per City Code, Chapter 19.06 and City Standards and Specifications.

X 2. 19 Developer shall prepare signing and striping plans, signal plans and improvement plans for all affected street intersection and segments to include new lane configurations, appropriate transitions, modified lane configurations, utility location, etc. to the satisfaction of the City Engineer and the Assistant City Manager/ Director of Public Works.

X 2. 20 Provide adequate sight distance per City Standard No. 1025 for each project driveway and at all intersections. Landscaping type and height shall be maintained to ensure sight distance requirements are perpetuated.

X 2. 21 Based on the approved plans, begin the process of constructing the following intersection improvements. These improvements must be constructed and approved by the Public Works Department prior to the request and release of occupancy permits.

1. Euclid Ave at Kimball Ave — Design and construct a westbound right turn lane and modify the traffic signal as required by Caltrans or improvements to improve the Level of Service ( LOS) of the intersection to the satisfaction of the City Engineer and the Assistant City Manager/ Director of Public Works. Only ultimate improvements that are required by the City per the City's DIF program are eligible for DIF credit.

Any improvements required by Caltrans that are not in the City' s DIF program are NOT eligible for DIF credit. Additional right-of-way and improvements shall be required to accommodate these improvements. If right- of-way cannot be acquired from properties not controlled by Sares Regis Group, mitigate traffic to the satisfaction of the City Engineer and the Assistant City Manager/ Director of Public Works. These improvements are to be constructed and approved by the Public Works department prior to the final certificate of occupancy.

2. Kimball Ave
Grind and overlay ( 3" deep, 3/4" rock, PG 70- 10) a portion of the street from Euclid Ave to approximately 975' east of Euclid Ave as directed by City staff.

Grind and overlay ( 3" deep, 3/4" rock, PG 70- 10) the full width of the street from approximately 975' east of Euclid Ave to 670' west of Rincon Meadows Ave.

These improvements are NOT eligible for DIF credit.

If necessary, these improvements will be bid using prevailing wage per the California Public Contract Code.

3. Meadow Valley Ave at Kimball Ave
Install a traffic signal
Add a westbound right turn lane.

These improvements are not eligible for DIF credit
B- 5
146
PL 15- 0529 ( PM 19689),
PL 15- 0527 ( MSA),
PL 15- 0528 ( SCUP),
PL 15- 0530 ( SA) July 18, 2016
X 2. 22 Comply with all requirements of the Traffic Impact Analysis ( TIA) dated April 27, 2016 including participation in fair share contributions and construction of required improvements and mitigation measures as shown on the Mitigation Monitoring and Reporting Program, to mitigate impacts. Internal traffic signing/ striping should be implemented in accordance with the approved TIA.

X 2. 23 Based on the approved plans, design and construct the following intersection improvements as described in the TIA dated April 27, 2016 and/or the City' s DIF Nexus Study. These improvements must be constructed and approved by the Public Works Department prior to the request and release of occupancy permits. Unless noted the improvements are assumed to be completed by others prior to certificate of occupancy. If the improvements are not completed prior to certificate of occupancy, the completion of the improvements may be required by the developer at the discretion of the Assistant City Manager/ Director of Public Works. Refer to applicable exhibits in the TIA for intersection improvements.

1. Euclid Ave at Kimball Ave
Add a southbound right turn lane with overlap phasing
Add a second eastbound left turn lane
Modify the traffic signal as required by Caltrans.

It is our understanding that these improvements are currently being constructed by others.

2. Rincon Meadows Ave at Kimball Ave
Install a traffic signal and establish communications to this signal. It is our understanding that these improvements are currently being constructed by others.

Add a second westbound through lane from Flight Ave to 200' west of Main St to the satisfaction of the City Engineer and the Assistant City Manager/ Director of Public Works. Taper/ transition length shall meet Highway Design Manual Standards.

The above improvements are eligible for DIF credit ( TR- 28 & 68).

3. Flight Ave at Kimball Ave
Install a traffic signal. This improvement is eligible for DIF credit ( TR- 64).

Add a westbound right turn lane. This improvement is NOT eligible for DIF credit.

4. Hellman Ave at Kimball Ave
Install a traffic signal. The design of this improvement needs to be completed to determine if this improvement is eligible for DIF credit ( TR- 46).

Add a second northbound left turn lane. This improvement is NOT eligible for DIF credit from the City of Chino.

Add a northbound through lane and a northbound departure ( receiving) lane.

Taper/ transition length shall meet Highway Design Manual Standards. These improvements are NOT eligible for DIF credit from the City of Chino.

Add a southbound through lane and a right turn lane. These improvements are eligible for DIF credit( TR- 27).

Add an eastbound left turn lane and implement overlap phasing on the eastbound right turn lane. These improvements are eligible for DIF credit ( TR- 28).

B- 6
147
PL 15- 0529 ( PM 19689),
PL 15- 0527 ( MSA),
PL 15- 0528 ( SCUP),
PL 15- 0530 ( SA) July 18, 2016

5. Hellman Ave — Construct 30- ft of pavement from Merrill Ave to Kimball Ave. Ultimate improvements that are in the City of Chino' s right-of-way are eligible for DIF credit TR- 27).

6. Design and construct a traffic signal communications hub at the southwest corner of Hellman Ave at Kimball Ave and provide communications to the traffic signal at HellmanAve at KimballAve. The locationof the hub shall not obstruct visibilityto the Preserve monument sign at this corner.

Additional right-of-way and improvements shall be required to accommodate these improvements. If right-of-way cannot be acquiredfrom propertiesnot controlledby Sares Regis Group, mitigate traffic to the satisfactionof the City Engineerand the Assistant City Manager/ Director of Public Works.

Improvementsthat are in the City of Eastvaleare not eligible for DIF credit from the City of Chino.

2. 24 NOT USED
X 2. 25 Pay fair share contribution for non DIF improvements in the City of Chino ($ 245, 339) as described in the TIA dated April 27, 2016.

X 2. 26 Pay fair share contribution for improvements in the City of Ontario ($ 176, 342) as described in the TIA dated April 27, 2016. If, within five ( 5) years of the date of collection of Developer' s Fair Share Contribution, the City of Chino and the City of Ontario do not comply with the mitigation measures described in the TIA, then Developer' s Fair Share Contribution for improvements in the City of Ontario shall be returned to the Developer.

X 2. 27 Pay fair share contribution for improvements in the City of Chino Hills ($ 91, 946) as described in the TIA dated April 27, 2016. If, within five ( 5) years of the date of collection of Developer' s Fair Share Contribution, the City of Chino and the City of Chino Hills do not comply with the mitigation measures described in the TIA, then Developer' s Fair Share Contribution for improvements in the City of Chino Hills shall be returned to the Developer.

X 2. 28 Pay fair share contribution for improvements in the City of Eastvale ($ 15, 650) as described in the TIA dated April 27, 2016. If, within five ( 5) years of the date of collection of Developer' s Fair Share Contribution, the City of Chino and the City of Eastvale do not comply with the mitigation measures described in the TIA, then Developer' s Fair Share Contribution for improvements in the City of Eastvale shall be returned to the Developer.

B- 7
148
PL 15- 0529 ( PM 19689),
PL 15- 0527 ( MSA),
PL 15- 0528 ( SCUP),
PL 15- 0530 ( SA) July 18, 2016
X 2. 30 Design and construct a traffic signal interconnect/ communications systems that includes installation of fiber optic and interconnect cable and all associated equipment ( e.g. conduit, pullboxes, vaults, splice boxes, modems, cables, etc.) to provide communications back to TMC located at City Hall. Design fiber splice details, install modems, and splice and test fiber optic communications to verify connectivity to City Hall TMC.

The interconnect/ communications system shall be maintained in- place along the following limits:

Kimball Avenue from Hellman Avenue to Rincon Meadows Avenue. Conduit has already been installed.

The interconnect/ communications systems ( conduit only) shall be constructed/ completed along the following limits:

Hellman Ave from Kimball Ave to northerly project property boundary Flight Ave from Kimball Ave to northerly project boundary It is our understanding that these improvements are currently being constructed by others
The system shall interconnect to the following existing or proposed traffic signals:

Kimball Ave/ Hellman Ave
Kimball Avenue/ Meadow Valley
Kimball Avenue/ Flight Avenue
Kimball Avenue/ Main Street ( Maintain existing communications) Kimball Avenue/ Mill Creek Avenue ( Maintain existing communications) Kimball Avenue/ Rincon Meadows Avenue ( Establish communications to this signal.

It is our understanding that these improvements are currently being constructed by others)
The system shall interconnect to the following communication hubs:

Hellman Ave/ Kimball Ave ( see COA 2. 23# 6)
Bickmore/ Mill Creek ( confirm all communications to this hub per the direction of City staff)
Fiber optic and interconnect cable, conduit, pullboxes, vaults, splice boxes, modems, cabinets and all necessary equipment related to the installation of traffic signal interconnect along project frontage streets are eligible for DIF credit at the discretion of the Assistant City Manager.

X 2. 31 Design and construct new traffic signals as described in Sections 2. 21 and 2. 23, to include all equipment, poles, traffic signal and electrical service cabinets, wheelchair access ramps, etc. to meet current City standards and Specifications. Design shall include all traffic signal interconnect, fiber optic cable, and communications vaults, cabinets and equipment as described in Section 2. 30. Any widening that affects existing traffic signal equipment will require a traffic signal modification plan to be designed and constructed by developer, even if not specifically identified in Conditions of Approval.

B- 8
149
PL 15- 0529 ( PM 19689),
PL 15- 0527 ( MSA),
PL 15- 0528 ( SCUP),
July 18, 2016PL 15- 0530 ( SA)
X 2. 33 Prior to installation of underground utilities, CCTV inspection of existing sewer and storm drain conduitsthat may be impactedby the constructionshall be performedand recordings submitted to the City for comparison to post-construction inspection.

X 2. 34 The developer is responsibleto contractwith the City's designatedtraffic signal maintenancecompanyfor ongoing maintenanceof traffic signals installed by the developer listed in Sections 2. 21 and 2. 23 until such time the improvements are accepted by the City.

X 2. 35 Development shall meet all truck turning requirements from the City of Chino and Chino Valley Independent Fire District( CVIFD).

3. 0 PRIOR TO REQUEST AND RELEASE OF ANY OCCUPANCY PERMITS:

X 3. 1 Construct and secure Public Works Department approval of all required improvements and publicfacilities enumerated underSection2.0 above (per ResolutionNo. 88-23).

X 3. 2 Underground all utility lines adjoining and interior to the project, that include power lines of

34.5kV or less in accordance with City Code, Chapter 13.32.

3. 3 Distribute for signature of all buyers the information and disclosure notice announcing that the development will be annexed to the City's Landscape and Street Lighting Maintenance Assessment District before transfer of property title and completion and acceptance of all public improvements.

3. 4 Distribute for signature of all buyers the information and disclosure notice announcing that the project property will be subject to an annual special East Chino Specific Plan area Community Facilities District Tax.

3. 5 Require owners of speculative buildings to inform each building user about the requirement to submit an Industrial Waste Questionnaire to the City' s Environmental Engineering Section. Owners may contact the Environmental Engineering Section at ( 909) 334-3423 to obtain a copy of said Questionnaire.

X 3. 6 Submit to the City, electronic files of Tract/ Parcel Map and " as-built" improvement plans in AUTOCAD format and Adobe Acrobat PDF format. AUTOCAD files shall be submitted as an archived zip file of the CAD drawings with all base files attached.

X 3. 7 Slurry seal along all streets impacted by the development as directed by City staff. Install signing and striping per approved plans.

X 3. 8 The following improvements shall be constructed and approved by the Public Works department prior to release of certificate of occupancy for any buildings within Phase 1 shown on Exhibit 1:

Private Drive ' A'
Traffic signal at the intersection of Flight Ave at Kimball Ave The east side of Hellman Ave from the northerly project limits to Kimball Ave. This is for emergency access only and shall meet City and CVIFD requirements B- 9
150
PL 15- 0529 ( PM 19689),
PL 15- 0527 ( MSA),
PL 15- 0528 ( SCUP),
PL 15- 0530 ( SA)
July 18, 2016
X 3. 9 AtthediscretionoftheCityEngineerand/ortheAssistantCityManager/Directorof Public Works, thefollowingimprovementsshallbeconstructedandapprovedbythePublicWorks departmentprior to releaseof certificateof occupancyfor any buildingswithin Phase2 shown on Exhibit 1:

Improvements, includingbutnotlimitedto, thoselistedin COA2.8, 2.21, 2.23, and

2. 30.

X 3. 10 This projectis conditionedto buildcertainDIF facilitiesand will receiveDIF creditsfor building those facilities as indicated in Section 2.0. The amount of the DIF credits will be basedonanengineer's costestimatethatwillbereviewedandapprovedbytheCity.

Reconciliationof DIF credits will occur when the actual costs are knownand will be completed prior to the acceptance/ approval of the improvements.

X 3. 11 Submita reportcertifyingthatallpublicimprovementsconstructedaspartoftheprojectare compliantwithapplicableADAregulations. Thereportshallbepreparedandsubmittedbya CertifiedAccessSpecialist (CASp). Thereportmustbe reviewedandapprovedpriortothe CityCouncil's acceptanceofpublicimprovements. Theproposedpublicimprovementsmay cause existing public improvementsadjacentto or within the project area to be reconstructed in order to comply with ADA regulations.

MB
Attachment
B- 10
151

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION

ITEMS REQUIRED FOR FIRST PLAN CHECK SUBMITTAL
PARCEL MAP NO. 19689( PL 15- 0529)
PROJECT ENGINEER: Michael Bhatanawin
DATE: July 13, 2016

A COPY OF THIS CHECK LIST MUST BE SUBMITTED WITH THE FIRST PLAN CHECK 1 Copy of Public Works Department Conditions of Approval 2 Sets of Maps ( Subdivision Only)
11 2 Copies of preliminary Title Report ( no older than six months) ( Subdivision Only) 2 Copies of Closure Calculations ( Subdivision Only)
1 Set of Referenced Maps ( Subdivision Only)
1 2 Copies of Preliminary Soils Report ( no older than sixty days) 2 Copies of lot line adjustment certificate
2 Copies of lot merger
2 Copies of right- of- way dedication
4 Sets of Rough Grading Plans
5 Sets of Precise Grading Plans
4 Sets of Storm Drain Plans
2 Copies of Hydrology and Hydraulic Calculations with Backup Data Signed and Sealed by a Registered Civil Engineer)
2 Copies of Engineering Cost Estimate ( On City Forms) with Engineer' s Wet Signature and Stamp
2 Sets of Street Improvements Plans
2 Copies of Cross- Sections ( if street plans are required) at 50' intervals and extended a minimum of 100' beyond limits of improvements
3 Sets of Sewer Plans
3 Sets of Domestic Water Plans
r 3 Sets of Recycled Water Plans
2 Sets of Street Light Plans
I 2 Copies of Voltage Drop Calculations ( Signed and Sealed by a Registered Engineer) 2 Sets of Signing and Striping Plans
I 2 Sets of Traffic Signal Interconnect Plans
2 Sets of Traffic Signal Plans
1 Water Quality Management Plan
B- II
Rev. 2/ 12/ 16 MB
152

EXHIBIT C

DIF ELIGIBLE PUBLIC IMPROVEMENTS SUMMARY
attached]
153
Exhibit"("'- DIF Eligible Public Improvements Summary
Engineering Total Nexus
DIF Nexus
Develo er s
Condition No.

Condition Description DIF Nexus Project Name DIF No. Study Cost P Cost
Estimate
Cost Estimate
Euclid Ave. at Kimball Ave.: design and construct a westbound right turn laneand modify thetraffic signal asrequiredby Caltransor improvementsto improve the Level of Service( LOS) of the intersection to the satisfaction of

2. 21 *( 1) the City Engineer. Only ultimate improvements that are required by the City Intersection- Kimball Ave/ Euclid Ave. 7R- 128 $ I, 881, 614 $ 433, 756 $ 433, 756 per theCity' s DIF programare eligiblefor DIF credit Any improvements requiredby Caltransthatarenot in the City's DIF programareNOT eligible for DIP credit.

Rincon Meadows Ave. at Kimball Ave.: add a second westbound through lane from Flight Ave to 200' west of Main St.

2. 23*( 2) Hellman Ave. at Kimball Ave.: add an eastbound left turn lane and implement Ave
Kimball Ave.- Euclid AN
TR 121 $ 5, 647, 137 $ 878, 726 $ 878, 726
overlap phasing on the eastbound right turn lane. ibis includes the extension of the median on Kimball Ave. at Flight Intersection.

2. 3 Flight Ave. at Kimball Ave.: install a traffic signal. Westbound right turn lane Traffic Signal- Kimball Ave./ Flight - IR 148 $ 306, 180 $ 306, I80 $ 503, 724is not eligible for DIF. Ave.

2. 23*( 3) Hellman Ave. at Kimball Ave.: install a traffic signal.

Intersection- Hellman Ave./ Kimball '
TR- 131 $ 1,469, 634 $ 150, 734 $ 150, 734Ave. 2 23*( 4)
Hellman Ave. at Kimball Ave.: Construct 30- ft of pavement from Merrill Hellman Ave- Merrill Ave./ Kimball TR- 120 $ 3, 759, 796 $ 128, 040 $ 12X, 040Ave. to Kimball Ave. Ave.

Design and construct a traffic signal interconnect/ communications systems that includes installation of fiber optic and interconnect cable and all 5)
associated equipment( e. g. conduit, pullboxes, vaults, splice boxes, modems, Intelligent llaspotlation System ' hft- 160 $ 1, 727, 116 $ 111, 849 $ 111, 849 cables,etc.) to provide communicationsback to TMC locatedat City! fall.

Design fiber splice details, install modems, and splice and test fiber optic communicationsto verify connectivityto City Hall TMC.

Planning
Requirement(* 6)
Preserve Monument Signs( 2) Gateway Monuments. TR- 162 $ 5, 654, 425 $ 339, 194 $ 339, 194 Kimball Ave./ Euclid Ave. righl turn& Flight Ave./ Kimball Ave.: additional

2. 23(* 7) right- of- way and improvements shall be required to accommodate these Miscellaneous land Acquisition TR- 164 $ 6, 548, 516 $ 108, 853 $ 108, 853 improvements.

2. 8(* 8)
Construct a 12" domestic water line within Flight Ave. from Kimball Ave. to 12" T ansmission/ Distribution Pipeline WI- I( 19 $ 7, 341, 400 $ 214, 722 $ 415, 08111, 520' n/ o Kimball Ave. Potable and Recycled 7 8( a))
Construct Hellman Ave. Median Island and Landscaping. West half of Hellman Ave.- Kimball/ E/ W Chino TR- I 18 $ 2, 093, 850 $ 173, 478 $ 171, 478median is D1F eligible. Corona Rd.

Total Cost $ 2, 845, 531 $ 3, 243, 434
Disclaimer:Drrvdoperisnorgaaramredtheestimatedamounts.The"actualcosts"shallhedeterminedhr therite EngineerpursuanttotherequirementssetJorthin theChinobfunicpalCode.Chapter3.45. 51 Total project cost is S I, sf 1.614; cost estimate accounts for 23% of the Waal cost. 2: ' Total project cost is S5,647, 137; cost estimate accounts for 16% of the total cost_ Thedesignofthisimprovementwill determineif thisimprovementiseligibleforDIP.ThisdeterminationisdependentuponthefinalreviewoftheCityEngineer.TheDevelopersestimatedcostsincludetheSw'Ccurbretain improvements_ Taal project cost is$ 1,469, 634 cost estimate accounts for I IP; of the total cost. 4: Total project cost is$ 3. 759, 796; cost estimate accounts Fier3 of the total cost.

5.. Total project cost is$ 1,727, 116; cost estimate accounts for 6% of the total cost. 6: Total project cost is SS654, 425; cost estimate accounts for 6", attic total cost. 7:TotalprojectcostisS6,545,516;costestimateaccountsf r 2%ofthetotalant. Developermustshowprof thatROWwasacquiredandpurchased.

Totalprojectcostis$7,34I,41/0;costestimateaccountsfor391ofthetotalcost. TheNexusincludes1,520'potablelinedi SIlls/I.Fphissohcosts.The3.4",,annualincreasewasalsoapplied. 4; total project cost is S2,091, 850, cost estimate accounts for 5 of she total cost.

C-
154
B, S& T Credit Water Credit
BLDG# 1 317, 495. 85) $ ( 117, 976. 60)
BLDG# 2 295, 310. 76) $ ( 109, 732. 96)
BLDG# 3 638, 670. 00) $ ( 237, 320. 00)
BLDG# 4 75, 1 19. 67) $ ( 27, 913. 32)
BLDG# 5 81, 885. 18) $ ( 30, 427. 28)
BLDG# 6 85, 453. 68) $ ( 31, 753. 28)
BLDG# 7 220, 170. 96) $ ( 81, 812. 16)
BLDG# 8 172, 124. 31) $ ( 51, 117. 40)
Total Credit Issued $ ( 1, 886, 230. 41) $ ( 688, 053. 00) Estimated Costs $ 2, 630, 810 $ 214, 722
Estimated True- Up Amount $ 744, 579. 40 $ ( 473, 331. 00) Credit Balance Owed to City
Note: Theestimatedtrue-upamountissubjecttochangependingthefinalreviewbytheCityEngineer.

C'- 2
155

EXHIBIT D

APPROVED ASSIGNMENT FORM
attached]
156
ADDENDUM NO. 1
Assignment of Credit)
Contract No.:

Assignor: CHINO KIMBALL INDUSTRIAL, LLC
Project Name: KIMBALL BUSINESS PARK— PM 19689
DIF Credit and ReimbursementSummary:

Actual Costs Credits Applied Balance
Circulation DIF $
Water DIF $
Sewer DIF $
Storm Drain DIF $
Balance Credits Assigned Balance Forward
Assigned Credit Circulation DIF
Assigned Credit Water DIF
Assigned Credit Sewer DIF
Assigned Credit Storm Drain DIF
CHINO KIMBALL INDUSTRIAL, LLC is herebytransferring DIF Credit in the amountof to:

Assignee:

Credit Transfer Amount: $
Remaining Credit:

Any transfer or assignment of credits or reimbursement rights acknowledged in this Addendum shallbemadein accordancewith City procedures, ona form approvedby andacknowledgedby the City. All parties to this Addendum agreethat City will have no obligation to recognizeor honor an assignmentor transferthat doesnot comply with the termsof this Addendum." SIGNATURES ON FOLLOWING PAGE]
D- 1
157
ASSIGNEE: CHINO KIMBALL INDUSTRIAL, LLC:

Signature, Title Signature, Title
Date: Date:

CITY OF CHINO ACKNOWLEDGEMENT:

Signature, Title
Date:

D- 2
158

MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: NOVEMBER 17, 2020
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: NICHOLASS. LIGUORI, AICP, DEVELOPMENTSERVICESDIRECTOR SUBJECT: FINAL ACCEPTANCEOF PUBLIC IMPROVEMENTSAND DEVELOPMENT

IMPACT FEES CREDIT & REIMBURSEMENT AGREEMENT - PARCEL MAP NO. 19689 ( KIMBALL BUSINESS PARK).

RECOMMENDATION
1) Acceptthepublicimprovementsfor ParcelMapNo. 19689ascomplete; 2) authorizerelease of the faithful performance and labor and material bonds; 3) initiate the warranty bond; 4) approve a construction credit/reimbursement agreement with Chino Kimball Industrial, LLC, a DelawarelimitedliabilitycompanyforpublicimprovementsrelatedtoParcelMapNo. 19689for a not to exceed amount of $ 2,845,532; and 5) authorizethe City Manager to execute the necessary documents on behalf of the City.

FISCAL IMPACT
DevelopmentImpactFeecreditsissuedtothedeveloperthroughthedurationoftheprojectwill bedeductedfromtheactualprojectcostsoncethefinalcostaccountinghasbeenreviewedand approvedby the CityEngineer. Uponthefinalcostaccountingby the CityEngineer, staffwill continueto monitor the fund balancein the appropriateDevelopmentImpact Fee Fund and begin making progresspaymentsto the developerand/or apply credits for Phase II until the termsof the Credit/ReimbursementAgreementare fulfilled. Each progresspaymentwill require anappropriationof fundsandtherefore, eachpaymentwill bebroughtbackto theCityCouncil forapproval. Additionally, therearesufficientfundsincludedintheCity's OperatingBudgetto supportthe maintenanceactivitiesrelatedto the publicimprovementsacceptedby the City Council.

Revenue: Expenditure:

Transfer In: Transfer Out:
159
COUNCIL MEETING DATE: NOVEMBER 17, 2020
SUBJECT: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS AND DEVELOPMENT IMPACT FEES CREDIT & REIMBURSEMENT AGREEMENT - PARCEL MAP NO. 19689

KIMBALL BUSINESS PARK)
PAGE 2

BACKGROUND
On September 1, 2020, the City Councildeferredback to staff the final acceptanceof public improvements for Parcel Map No. 19689, as presented by Chino Kimball Industrial, LLC developer), to ensurethat the requirementsset forthin the applicablelawsfor accessibilityand mobility were implemented appropriately in the design and construction of the public improvements.

This project consists of approximately 70 acres of land for the construction of a 1,203,050 square foot industrial park. The project is generally located on the north side of Kimball Avenue, west of Hellman Avenue, east of Flight Avenue, and south of Remington Street ( see Exhibit A in the attached Agreement). Parcel Map No. 19689 was conditionally approved by the City of Chino Planning Commission on July 18, 2016.

The Conditions of Approval for Parcel Map No. 19689 required the developer to construct certain public improvements to mitigate the project's impacts. The requirements made at the time of tentative map approval have been met by the execution of the Subdivision Improvement Agreement on July 18, 2017 and by posting the necessary securities to guarantee the construction of the required public improvements.

City staff and the developerwere engagedthroughoutthe courseof the projectto ensure its delivery of the public improvements. The public improvements were constructed to the satisfaction of the City Engineer and meet all applicable City and accessibility requirements.

ISSUES/ ANALYSIS
The public improvements that are being accepted by the City include curb, gutter, sidewalk, pavement, street lights, landscape, traffic signals, intersection/ street improvements and domestic water improvements. Construction of the aforementioned public improvements began in late 2017 and continued into the fall of 2018 to allow for the construction / widening of Kimball Avenue, Flight Avenue, curb, gutter, median islands, turn pockets, sidewalks, and driveway approaches fronting Kimball Avenue and Flight Avenue. New curb ramps and traffic signals were not constructed pending a redesign and reassessment of accessibility and technical design requirements for the intersection improvements. The plans were under redesign from December 2018 to September 2019. Construction slowed in fall 2018 to winter 2019 to allow for the developer and contractor to develop a new work schedule and order equipment.

Construction of the ramps and signals were then commenced between March 2020 and finalized in June 2020.

Staff thoroughly reviewed all applicable public improvement related laws, policies and guidelines. The City of Chino' s Policy on Accessible Pedestrian Facilities provides direction on the scoping and technical requirements of shared- use paths stating they shall comply with governing standards. These governing standards include legal requirements of public improvements to meet accessibility requirements and provide guidance on scoping and technical characteristics. Engineering guidance provided by standards such as the Federal Highway Administration ( FHWA) Pedestrian & Bicycle Safety Programs; Caltrans Highway Design Manual ( HDM); the American Association of State Highway and Transportation Officials AASHTO); A Policy on Geometric Design of Highways and Streets; and AASHTO Guide for the Development of Bicycle Facilities provide clear guidance on the scope and technical 160
COUNCIL MEETING DATE: NOVEMBER 17, 2020
SUBJECT: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS AND DEVELOPMENT IMPACT FEES CREDIT & REIMBURSEMENT AGREEMENT - PARCEL MAP NO. 19689

KIMBALL BUSINESS PARK)
PAGE 3
requirements while allowing for flexibility in relying on engineering judgment of the local jurisdiction to ultimately provide facilities that meet the safety and functional needs of the community, allowing for variability in field conditions and constraints. The facilities being accepted tonight have met all legal accessibility requirements and comply with all governing code standards.

Some of the required public improvements are master-planned facilities and are included in the City' s Development Impact Fee ( DIF) program. These public improvements are eligible for DIF credit and reimbursement per the Chino Municipal Code, Chapter 3.45 and are identified in the attached Exhibit A entitled Construction Credit/ Reimbursement Agreement.

The City Engineer will review the final accepted/ approved " as- built" plans, specifications and supporting documentation provided by the developer and will determine what costs are eligible for reimbursement under the DIF program as applicable. There may be a possibility that the eligible costs approved by the City Engineer exceed the original estimate included in the DIF Nexus Study. If that is the case, City staff will include the updated costs for the project in the next annual update to the Nexus Study.

Security for a one- year warranty period has been submitted. Under the warranty bond obligation, the developer will correct any defects found within one- year of City Council' s acceptance of the project. Also, upon completion and final acceptance, the public improvements shall become the sole exclusive property of the City to operate and maintain. Sufficient funds are included in the City's Operating Budget to cover costs for maintenance of said facilities. The following maintenance obligations will commence:

Domestic Water System: By the City
Recycled Water System: By the City
Potable Water System: By the City
Sewer System: By the City
Storm Drain: By the City
Public Street Sweeping: By the City
Street Lights: By the property owner
Landscaping: By the property owner
Therefore, it is staff' s recommendation that the City Council accept the public improvements as complete; authorize release of the faithful performance and labor and material bonds; initiate the warranty bond; and, approve a credit/reimbursement agreement to the developer in the amount of $ 2,845, 532. The reimbursement agreement has been reviewed and approved by the City Attorney.

Attachment: Exhibit A - Construction Credit/ Reimbursement Agreement 161

METERMETER
SD
10115GV 12IN627.65SSDSDS 10233GV 12IN625.64SD
10276WL B626.9310277WL626.8610278WL E626.74
DS

SSSSSSSSSSSSSSSSSSS S

MH MHS MHS

SSSSSSS SS S SMMM M MM M MMMMMMVV MHMHMHMH

MHMHMHMHMHMH M/B MHM/BSSM/B

VMMMM M MMMH MM
MFPFP
MHMH
MM
MH
MMH
MMM
S

MMMVSMH MMMMMMM MMMMF/H MHMMMMM MMMMM
MH
E

M/BMHSMHSSSMMHMH

MHSSMHMHMHM/B METERMETER

S SSSSSSMH MH
Save Date: Plot Date: 7/18/2023 7:42 AM7/18/2023 7:49 AMBy: RxkaP:\S\SARS0000-0001\Eng\150075-000\Final Plots\Offsite\Street\Exhibits\Exhibit A.dwgRobyn KathermanBy: File:

LEGEND

KIMBALL AVENUE

HELLMAN AVENUE

FLIGHT AVENUE
ENLARGEMENT "A"SCALE: 1" = 50'ENLARGEMENT "B"SCALE: 1" = 50'ENLARGEMENT "C"SCALE: 1" = 50'ENLARGEMENT "D"SCALE: 1" = 60' SEE ENLARGEMENT"A" BELOWSEE ENLARGEMENT"B" BELOWSEE ENLARGEMENT"C" BELOWSEE ENLARGEMENT"D" BELOW Public Recycled Water
Water Meters
Street Improvements
Sidewalk
Phase II
Exhibit D - Index Map
162

MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 5, 2023

TO: LINDA REICH, CITY MANAGER
FROM: WARREN MORELION, AICP, INTERIM DIRECTOR OF DEVELOPMENT SERVICES

SUBJECT
..titl e
Adopt Resolution 2023 -054 conditionally approving a C ovenant Agreement to Annex for Sanitary Sewer Service and request approval from the San Bernardino Local Agency Formation Commission for sanitary sewer service for the property located at 11589 Yorba Avenue within the City of Chino’s Sphere of Influence.
..end

RECOMMENDATION
1) Adopt Resolution No. 2023 -054 conditionally approving a Covenant Agreement to Annex for Sanitary Sewer; 2) request approval from the San Bernardino Local Agency Formation Commission for sanitary sewer service for the property located at 11589 Yorba Avenue within the City of Chino's Sphere of Influence; and 3) authorize the City Manager to execute all the necessary documents on behalf of the City.
..body

FISCAL IMPACT
The property owner will be required to pay the Sewer Service Charge, which is a pass -through fee to the Inland Empire Utilities Agency and pay Sewer Development Impact Fees as applicable.

Revenue: Click or tap here to enter text.

Expenditure:

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 163
CITY COUNCIL MEETING DATE: SEPTEMBER 5, 2023
SUBJECT: ADOPT RESOLUTION 2023 -054 CONDITIONALLY APPROVING A COVENANT

AGREEMENT TO ANNEX FOR SANITARY SEWER SERVICE AND REQUEST APPROVAL

FROM THE SAN BERNARDINO LOCAL AGENCY FORMATION COMMISSION FOR SANITARY SEWER SERVICE FOR THE PROPERTY LOCATED AT 11589 YORBA AVE NUE WITHIN THE CITY OF CHINO’S SPHERE OF INFLUENCE.

PAGE: 2

BACKGROUND
Helen Shi , owner of the property located at 11589 Yorba Avenue (“Property”), in the City of Chino’s Sphere of Influence (SOI), is currently connected to the Inland Empire Utilities Agency’s (“IEUA”) sewer trunkline located on Yorba Avenue , which currently serves the existing single - family residence on-site.

The City of Chino Hills (“Chino Hills”) recently discovered that the owner of the subject Property was paying its sewer service bills to Chino Hills since the 1990s rather than to the Ci ty of Chino (“Chino”). Prior billings consisted of sewer services charges collected for Chino Hills and pass through Sewage Facility Development Fees (“SFDF”) collected on behalf of IEUA. It is unknown why the billing oversight had been occurring for such an extended period of time and it was only recently discovered in March 2023 when the subject Property was sold and purchased by Mrs.

Shi. Upon being notified, staff coordinated with IEUA to verify the subject Property was directly connected to their sewer trunkline (since they typically do not allow direct service connections to their trunklines). IEUA staff confirmed the subject Property was connected to their truckline and it was likely a past exception they had granted to the property owner.

Additionally, City staff further researched to see if a Covenant Agreement to Annex for Sewer Service was executed between the City and the previous property owner. There is no record of any agreement for this purpose.

ISSUES/ANALYSIS
Chino staff promptly coordinated with the property owner and Chino Hills to resolve the situation and has assumed the sewer billings moving into the future. In addition, staff has concluded that retroactively reconciling any past fees is not recommended because the law prohibi ts the City from recouping any utility fees prior to the past 36 months and the amount of fees collected from the property owner during this period would be nominal.

The subject property is not adjacent to the City boundary; therefore, annexation of the pr operty into the City has been determined to be impractical at this time due to the property being an individual lot. The Local Agency Formation Commission (LAFCO) for San Bernardino County would most likely require a larger area beyond the property to be a nnexed to create a more logical service boundary, which would be a significant burden for the property owner to try and coordinate and manage. Moreover, LAFCO fees, City fees, County fees, and construction costs would be cost prohibitive for one property owner to take on. As a result, the property owner will execute an Irrevocable Agreement to Annex with the City for the subject property to annex into the City in the future (attached to the Resolution as Exhibit B). This is consistent with current City Council policy.

With the adoption of Resolution No. 2023 -054, the City Manager will be authorized to execute the LAFCO Application for Extension of Service by Contract (attached to the Resolution as Exhibit A) and submit the Application to LAFCO. The approval of the Irrevocable Agreement to Annex is contingent upon the approval by LAFCO and reimbursement by the applicant of all the applicable fees incurred by the City in preparing, submitting, and processing a request to LAFCO to extend sewer service to the Property. The City Manager is authorized to execute the Agreement on behalf of the City following notification by LAFCO that the City’s request to extend services to the Property has been approved. If the City’s request to extend services to 164
CITY COUNCIL MEETING DATE: SEPTEMBER 5, 2023
SUBJECT: ADOPT RESOLUTION 2023 -054 CONDITIONALLY APPROVING A COVENANT

AGREEMENT TO ANNEX FOR SANITARY SEWER SERVICE AND REQUEST APPROVAL

FROM THE SAN BERNARDINO LOCAL AGENCY FORMATION COMMISSION FOR SANITARY SEWER SERVICE FOR THE PROPERTY LOCATED AT 11589 YORBA AVE NUE WITHIN THE CITY OF CHINO’S SPHERE OF INFLUENCE.

PAGE: 3

the property is not approved by LAFCO, or if the applicant does not submit a full reimbursement to the City, the Agreement shall not be executed by the City.

Therefore, it is staff’s recommendation that the City Council adopt Resolution No. 2023 -054, conditionally approv ing the Covenant Agreement to Annex for Sanitary Sewer Service and request approval from LAFCO.

Attachments: Resolution 2023-054

165
RESOLUTION NO. 2023-054

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

CALIFORNIA, CONDITIONALLY APPROVING A COVENANT

AGREEMENT TO ANNEX AND FOR SANITARY SEWER SERVICE AND

REQUEST APPROVAL FROM LAFCO (ASSESSOR PARCEL NUMBER
1013-191-01)

WHEREAS, the City of Chino received a request to provide sanitary sewer services to a property outside of its jurisdictional boundaries but within its sphere of influence, located at 11589 Yorba Avenue, Chino, CA 91710 (APN 1013-191-01) (“Property”); and

WHEREAS, pursuant to Resolution No. 2022-041, the City’s policy is to only allow new or existing developments located outside of the City’s jurisdictional boundaries but within its sphere of influence to connect to the City ’s sanitary sewer system in accordance with the following requirements:

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

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

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

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

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

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

SECTION 2. The Covenant Agreement to Annex and For Sanitary Sewer Connection (“Agreement”) (attached to this Resolution as Exhibit B) is approved, conditioned on (i) approval by LAFCO, and (ii) reimbursement by the applicant of all application fees and other costs incurred by the City in preparing, submitting, and processing a request to LAFCO to extend sewer serves to the Property pursuant to Government Code Section 56133 (“Reimbursement”). T he City 166
RESOLUTION NO. 2023-054

Page 2 of 3 ends

Chino City CouncilSeptember 5, 2023

Chino City Council
September 5, 2023