Agenda packet — Chino City Council, September 19, 2023 (part 1 of 2)

Those persons wishing to speak on any item included on the agenda, or on any matter within the subject matter jurisdiction of the City Council, are invited fill out and submit to the City Clerk a “Request to Speak” form (name and address optional) which is available at the entrance to the City Council Chambers. Additionally, members of the public may submit electronic 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 19, 2023

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 LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to Paragraph (4) of Subdivision (d) of Government Code Section 54956.9.

Number of Cases: One

2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Harvey Allen II v. Chino Police Department, et al. (San Bernardino County Superior Court Case No. CIVDS2004426)
1 CHINO CITY COUNCIL
SEPTEMBER 19, 2023 2

3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9 Number of Potential Cases: One

4. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency Negotiator: Geriann Kingslan, Director of Human Resources/Risk Management.

Employee Organizations: Chino Police Officers Association, Chino Police Management Association, Unrepresented Sworn Management, and Elected Officials.

FLAG SALUTE

CEREMONIALS
Chino National Little League - Junior League, California District 23, All -Star Champions.

Recognition of the Chino National Little League - Junior League, California District 23, All -Star Champions.

Assemblymember Freddie Rodriguez' City of Chino Veteran and Women of the Year.

Recognition of Assemblymember Freddie Rodriguez’ City of Chino Veteran of the Year awardee Ken Willett and Woman of the Year awardee Renay S. Mehta.

Waste Management Retirement. Recognition of Waste Management Senior Driver Artemio Tovar for his 44 years of service in Chino.

PRESENTATIONS
Inland Valley Humane Society Annual Report. Presentation from the Inland Valley Humane Society (IVHS).

REPORT OUT OF CLOSED SESSION

AGENDA ADDITIONS/REVISIONS

INFORMATION
Legislative Update. Receive and File the Legislative Update.

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 19, 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 766908 to 767213, and Electronic Fund Transfers 517821E to 517941E, totaling $8,859,835.60.

2. Minutes. Regular Meeting Minutes for September 5, 2023 (Council Member Flores Absent-Excused).

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. Preserve Sewer Lift Station, Force Main, and Gravity Line Annual Reconciliation of Sewer Credits Fiscal Year 2022 -23 (Chino Development Corporation). Approval of Preserve Sewer Lift Station, Force Main, and Gravity Line Annual Reconciliation of Sewer Credits Fiscal Year 2022-23 (Chino Development Corporation).

5. Covenant Agreement to Annex for Sanitary Sewer. Adopt Resolution 2023 -055 conditionally approving a Covenant Agreement to Annex for Sanitary Sewer Service, approve a deviation from the City of Chino’s existing policy for sewer connection in exchange for sewer infrastructure that is above and beyond what is normally required as part of the development project within the Sphere of Influence, and request approval from the San Bernardino Local Agency Formation Commission for sanitary sewer service for the Sri Sairam Mandir Temple Project located at 12594 Roswell Avenue.

6. Consolidated Annual Performance and Evaluation Report. Receive and file the 2022 -2023 Consolidated Annual Performance and Evaluation Report (CAPER).

7. KG Investment LLC - Subdivision Improvement Agreement Parcel Map No. 20207. Approve the Subdivision Improvement Agreement and securities with KG Investments LLC for Parcel Map No. 20207 located at 13515 Monte Vista Avenue.

8. Adoption of Ordinance No. 2023-018 regarding City of Chino Designated Holidays. Adoption of Ordinance No. 2023 -018 Amending Chapter 2.52 of the Chino Municipal Code pertaining to Holidays (Second Reading).

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

9. Contract Approval - Human Services Programs for Residents of Chino Hills. Approval a contract for Human Services Programs for Residents of Chino Hills in the amount of $192,522.48 for the provision of Human Services programs for Fiscal Year 2023-24.

10. Notice of Completion - ADA Improvements and Madison Street Gap Closure Project. Accept the ADA Improvements and Madison Street Gap Closure Project (MS202 & ST223), completed by EBS General Engineering, Inc., as complete.

11. Federal Asset Forfeiture - D.A.R.E. Program Supplies. Approve appropriation of $11,500 from Federal Asset Forfeiture Funds for the purchase of D.A.R.E. Program supplies. 3 CHINO CITY COUNCIL
SEPTEMBER 19, 2023 4

NEW BUSINESS

12. Chino On Ice Winter Wonderland Experience. Approve a contract with Seaside Ice, LLC., dba Ice-America, for the construction, operation and maintenance of a portable outdoor ice -skating rink and associated equipment.

Staff Report By: Silvia Avalos, Director of Community Services, Parks & Recreation and Jackie Melendez, Assistant City Manager
RECOMMENDATION: 1) Approve a contract with Seaside Ice, LLC., dba Ice -America, in the amount of $446,801 for the construction, operation and maintenance of a portable outdoor ice-skating rink and associated equipment such as lighting and audio-visual effects, 2) approve a cost recovery structure for the program, and 3) authorize the City Manager to execute all necessary documents on behalf of the City.

13. Update on Parking Enforcement for Street Sweeping Purposes. Provide an update on parking enforcement for street sweeping purposes and receive City Council input and direction.

Staff Report By: Dennis Ralls, City Traffic Engineer
RECOMMENDATION: 1) Receive an update on parking enforcement for street sweeping purposes; and 2) provide input and direction to staff.

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, October 3, 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 Thursday, September 14, 2023 this agenda was posted on the south window of Chino City Hall and this agenda together with all of the agenda reports and related documents were posted on the City’s website at www.cityofchino.org by myself or under my direction.
4 CHINO CITY COUNCIL
SEPTEMBER 19, 2023 5
_______________________________________
Natalie Gonzaga, City Clerk.
5 MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 19, 2023

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

RECREATION

SUBJECT
..titl e
Recognition of the Chino National Little League – Junior League, California District 23, All -Star Champions.
..end
..body

6 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 19, 2023

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

SUBJECT
..titl e
Recognition of Assemblymember Freddie Rodriguez’ City of Chino Veteran of the Year awardee Ken Willett and Woman of the Year awardee Renay S. Mehta. ..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:
 Positive City Image
 Public Service Excellence through Internal and External Partnerships

7 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 19, 2023

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

SUBJECT
..titl e
Recognition of Waste Management Senior Driver Artemio Tovar for his 44 years of service in Chino.
..end
..body

8 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 19, 2023

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

SUBJECT
..titl e
Presentation from the Inland Valley Humane Society (IVHS). ..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:
 Positive City Image
 Superior Customer Service
 Responsible Long-Range Planning
 Public Service Excellence through Internal and External Partnerships

9 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 19, 2023

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

SUBJECT
..titl e
Receive and File the Legislative Update.
..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:
 Financial Stability
 Responsible Long-Range Planning
 Exemplary Leadership
 Public Service Excellence through Internal and External Partnerships 10 CITY COUNCIL MEETING DATE: SEPTEMBER 19, 2023
TITLE: LEGISLATIVE UPDATE.

PAGE: 2

BACKGROUND
On April 4, 2023, per the direction of the City Council’s Legislative Policy Committee, staff presented official positions on introduced legislation to the entire City Council. With the City Council’s concurrence, staff and the City’s contract lobbyist, Gonsalves and Son, issued signed position letters and engaged with State agencies, the League of Californi a Cities, legislative committees and staff, as well as State Senator Rubio and Assembly Member Rodriguez’s offices, to advocate on behalf of the City.

Since then, City staff and Gonsalves and Son have continued to track and recommend positions on several p roposals as measures have been amended and moved through the legislative process.

ISSUES/ANALYSIS
The first year of the 2023 -2024 session of the California Legislature is winding down, with the legislature reconvening from summer recess on August 14. Sinc e then, the number of bills continuing in the process this year has dwindled significantly as many measures were held in the Suspense Files of the Appropriations Committees. A few new legislative proposals were introduced during the summer recess, with ot hers significantly amended, or “gutted” and amended.

The deadline for the remaining bills to be approved by both houses is September 14, with the deadline for the Governor to sign or veto bills following closely, on October 14.

2023 California State Legislative Deadlines
August 14 – Legislature reconvened from Summer Recess.

September 5 -14 – Floor session only. No committees may meet for any purpose, except Rules Committee, bills referred pursuant to Assembly Rule

77.2, and Conference Committees.

September 8 – Last day to amend bills on the Floor.

September 14 – Last day for each house to pass bills. Interim Recess begins upon adjournment.

October 14 – Last day for Governor to sign or veto bills passed by the Legislature on or before Sept. 14 and in his possession after Sept. 14.

A report on the status of significant bills for the City of Chino , as of September 8, 2023, is attached.

11 Measure Author Topic Current Text
Version Location Bill Summary Position
AB 40 Rodriguez, D Emergency medical services. 09/01/2023 - Amended PDF
09/07/2023 -
Assembly

CONCURRENCE
This bill would create an electronic signature system and standardize ambulance patient offload times by July 1, 2024. Also, hospitals with emergency departments would have to develop an offload time reduction protocol by September 1, 2024 and file it with the state authorities. The California Emergency Medical Services Authority would monitor and report monthly ambulance patient offload time data and oversee other new program requirements from December 31, 2024. Violations of the act wo,uld be considered misdemeanors. This bill would create a state-mandated local program, however no reimbursement is required from the state. (Based on 09/01/2023 text) Support
AB 55 Rodriguez, D Medi-Cal: workforce
adjustment for ground
ambulance transports.
04/27/2023 -
Amended PDF
05/19/2023 -
Assembly
2 YEAR
The Medi-Cal program provides health care services to low-income individuals, and is partly funded by the federal Medicaid program. This bill would establish an additional payment for services provided by ground ambulance transport, with the rate varying depending on the point of pickup and whether the service was for an emergency or non- emergency. Providers who meet the workforce standards - such as emergency medical dispatchers, emergency medical technicians, paramedics, and registered nurses - set by the State Department of Health Care Services would receive the payment. The bill would authorize the department to recoup payments from providers who don't meet the standards and would condition requiring the payment on receiving necessary federal approvals. There is no required reimbursement for local agencies and school districts for this bill. (Based on 04/27/2023 text)
Support
AB 97 Rodriguez, D Firearms: unserialized
firearms.
09/01/2023 -
Amended PDF
09/06/2023 -
Assembly

CONCURRENCE
Under existing law, people who build or assemble guns are required to have a unique identifying mark from the Department of Justice and must put it on the gun. It is also against the law to manufacture or assemble a gun without a minimum state or federal serial number or identifying mark. Someone who knowingly possesses a gun without either of these is committing a misdemeanor. This bill would require the Department of Justice to keep track of the number and details of arrests for violating these rules until Jan 1, 2033. Starting July 1, 2025, this would include an annual report with the data they collect. (Based on 09/01/2023 text)
Support
AB 250 Rodriguez, D State highways: State Route
83: reduction.
01/18/2023 -
Introduced PDF
09/05/2023 -
Senate

THIRD READING
The existing law gives the Department of Transportation control over all state highways.

The law also determines the routes that these highways take and the process for officially adopting them. The law also lets the state relinquish certain parts of the highways to local areas and designates a certain stretch of State Route 83 from Route 71 to Route 10 near the City of Upland. This bill would allow the state to additionally relinquish a portion of this stretch of State Route 83 to the City of Chino and would also set conditions for if/when this happens. (Based on  01/18/2023 text) Support
(Chino
Sponsored)
12 AB 257 Hoover, R Encampments: penalties. 02/23/2023 - Amended PDF
04/28/2023 -
Assembly
2 YEAR
Under existing law, it is a misdemeanor crime if someone lodges in a place without permission, or willfully and maliciously obstructs the free movement of people in a public place. This bill would make it an infraction or misdemeanor if someone camps in a street, sidewalk, or public property within 500 feet of a school, daycare center, playground, or youth center. If someone is charged with this misdemeanor, they may be eligible for a diversion program, such as a mental health or court-initiated diversion program. The state will not have to provide reimbursement for this bill. (Based on  02/23/2023 text)
Support if
amended
AB 335 Alanis, R Retail theft. 03/09/2023 -
Amended PDF
05/19/2023 -
Assembly
2 YEAR
This bill constantly updates existing law to keep up with organized retail thefts. It requires the state and local law enforcement to collect and provide data on retail theft to the Milton Marks “Little Hoover” Commission on California State Government Organization and Economy. The commission is required to submit a report to the Legislature that describes the reported retail thefts by January 1, 2026. If the Commission on State Mandates determines that the bill contains costs mandated by the state, then reimbursement for those costs will be made. (Based on  03/09/2023 text) Pending
AB 367 Maienschein, DControlled substances:
enhancements.
03/22/2023 -
Amended PDF
05/19/2023 -
Assembly
2 YEAR
This bill states that if a person sells, furnishes, administers, or gives away fentanyl or a related substance and that person suffers a significant or substantial physical injury as a result, then the person who sold, furnished, administered, or gave away the substance can get an added sentence of 3-5 years in state prison. This does not apply to juvenile offenders. This bill also specifies that the state of California does not have to reimburse local agencies for this program. (Based on  03/22/2023 text) Support
AB 474 Rodriguez, D State Threat Assessment
Center: transnational
criminal organizations.
02/07/2023 -
Introduced PDF
09/05/2023 -
Senate

THIRD READING
This bill would find the State Threat Assessment Center (STAC), which provides California's leadership and public safety community with strategic threat analysis and situational awareness reports, to be the state's primary fusion center and would require the STAC to prioritize efforts to disrupt drug trafficking organizations that pose a threat to California. Additionally, the bill would require the STAC to support state and local interagency task forces to combat illegal opioid trafficking in California and would prepare and disseminate intelligence products for use by public safety entities and other authorized users. (Based on 02/07/2023 text)
Support
13 AB 480 Ting, D Surplus land. 07/03/2023 -
Amended PDF
09/05/2023 -
Senate

THIRD READING
This bill would expand requirements for the disposal of surplus land by a local agency, which involves land being declared either surplus land or exempt surplus land (land that can be excluded from certain requirements). It would also exempt a local agency in certain instances from making a declaration at a public meeting for land that is exempt surplus land. Additionally, it would modify the definition of "exempt surplus land" for surplus land for housing purposes by removing the requirement to put it out to open competitive bid, and add certain requirements concerning the development and restrictions. Finally, the bill would impose a penalty if a local agency does not follow certain provisions and would require reimbursement from the state if the Commission on State Mandates determined that the state mandated certain costs. (Based on 07/03/2023 text)
Oppose
AB 1034 Wilson, D Law enforcement: facial
recognition and other
biometric surveillance.
05/01/2023 -
Amended PDF
06/21/2023 -
Senate

THIRD READING
This bill would establish new policies and procedures to ensure that body-worn cameras worn by peace officers are used properly. It requires all law enforcement agencies, departments, or entities to consider best practices when establishing policies for body- worn cameras. It would also prohibit any biometric surveillance systems or other data- collection technology from being used with officer cameras. Furthermore, it grants people the right to sue any law enforcement agency or officer who violates this prohibition. These provisions currently expire on January 1, 2027. (Based on 05/01/2023 text)
Oppose
AB 1484 Zbur, D Temporary public
employees.
09/01/2023 -
Amended HTML
PDF
09/05/2023 -
Senate THIRD

READING
The Meyers-Milias-Brown Act authorizes public employees to form their own employee organizations for representation in labor relations. Under this act, matters relating to employment conditions and employer-employee relations, excepting services or activities provided by law, must be included in the scope of representation. This bill would require temporary employees who are hired to do the same work as permanent employees, to be automatically included in the same bargaining unit upon request of the recognized employee organization. Complaints alleging violations of this bill’s provisions must be processed as unfair practice charges. The bill would not require the state to reimburse local agencies and school districts as mandated by the state.

However, they may pursue available remedies in order to seek reimbursement for these costs. (Based on 09/01/2023 text)
Oppose
14 AB 1505 Rodriguez, D Seismic retrofitting: soft
story multifamily housing.
07/03/2023 -
Amended PDF
08/24/2023 -
Senate

THIRD READING
Existing law in California creates the California Earthquake Authority (CEA) and the California Residential Mitigation Program (CRMP), which provide financial assistance to owners of soft story multifamily housing that is at risk of collapse in earthquakes. A fund of $250 million from the state's General Fund was set up to support the Seismic Retrofitting Program for Soft Story Multifamily Housing, but this bill would remove the requirement for this appropriation and instead allow the Office of Emergency Services to use federal funds from the Hazard Mitigation Grant Program and Building Resilient Infrastructure and Communities to support this program. (Based on 07/03/2023 text) Support
SB 4 Wiener, D Planning and zoning:
housing development:
higher education institutions
and religious institutions.
09/01/2023 -
Amended PDF
09/07/2023 -
Senate

CONCURRENCE
This bill would allow certain housing development projects to be approved without having to go through the usual approval process as long as they meet certain restrictions, such as having 100% of the units be affordable to lower income households and being located within walking distance of public transport. The bill would also provide for a streamlining of the approval process and prohibit the local government from using design reviews to obstruct or delay the approval. The bill would be in effect until 2036 and would be exempt from the California Environmental Quality Act. (Based on 09/01/2023 text)
Oppose
SB 20 Rubio, D Joint powers agreements:
regional housing trusts.
09/01/2023 -
Chaptered PDF
08/22/2023 -
Senate

CHAPTERED
The Joint Exercise of Powers Act authorizes two or more public agencies to join together to exercise their common powers. This bill would allow two or more local agencies, as well as a federally recognized tribal government, to create a regional housing trust. This trust would help fund housing to assist the homeless and those of extremely low, very low, and low income. The trust would be led by a board of directors, consisting of at least five people, and would be allowed to fund projects, accept financing and funds, and issue bonds. They would also be required to follow certain financial reporting and auditing requirements. (Based on 09/01/2023 text)
Support
SB 31 Jones, R Encampments: sensitive
areas: penalties.
03/22/2023 -
Amended PDF
04/28/2023 -
Senate
2 YEAR
This bill would prohibit a person from sitting, lying, sleeping, or placing personal property on any street sidewalk or other public right-of-way within 1000 feet of a sensitive area, such as an intersection or school, as defined. A violation of this prohibition would be considered a public nuisance, and can be abated and prevented as provided by law. A violation could be charged as either a misdemeanor or an infraction.

In order to enforce these rules, the prosecutor must provide at least 72 hours of notice before commencing any action. This bill would also prohibit the state from being required to reimburse for costs associated with enforcing these rules. (Based on 03/22/2023 text)
Support if
amended
15 SB 50 Bradford, D Vehicles: enforcement. 09/07/2023 - Amended PDF
09/05/2023 -
Assembly

THIRD READING
This bill proposes to change existing law by prohibiting a police officer from making a stop or detaining a person for a minor infraction (like a traffic violation) unless they have a separate independent ground for doing so. It also would allow police officers to send out citations and warnings to vehicle or bicycle owners if they can identify the owner but don’t have grounds to stop them. Additionally, it authorizes local authorities to enforce Vehicle Code violations without involving a peace officer. This proposed change in the law is subject to the passage of two other bills (AB 436 and AB 825). (Based on 09/07/2023 text)
Oppose
SB 55 Umberg, D Vehicles: catalytic converters. 09/07/2023 - Enrollment PDF
09/07/2023 -
Senate

ENROLLMENT
This bill would require core recyclers that accept or sell used catalytic converters to keep specific records about sales and purchases, and they would have to provide payment in the form of a check, credit card, or other traceable form of payment other than cash. It would also be illegal for motor vehicle dealers or retailers to sell new or used vehicles with catalytic converters that aren't marked with the vehicle identification number. This is punishable as an infraction, but vehicles purchased from a dealer outside of California that doesn't have a warranty service facility in the state would be exempt until 2025.

This bill would create a new infraction and could require the state to reimburse local agencies and school districts. However, no reimbursement is necessary for this bill. (Based on 07/05/2023 text)
Support
SB 94 Cortese, D Recall and resentencing:
special circumstances.
09/07/2023 -
Amended PDF
09/05/2023 -
Assembly

THIRD READING
This bill would allow people convicted of murder in the first degree and sentenced to life imprisonment without the possibility of parole, before the June 5, 1990, statewide primary election to petition the court for a court case re-hearing if they have served at least 25 years in custody. The court would consider mitigating circumstances presented by the petitioner and to look at changes in law that would reduce sentences or allow for judicial discretion. Victims of the crime would also be entitled to receive notice of all proceedings and specified rights under the Victims' Bill of Rights Act of 2008 (Marsy's Law). (Based on  09/07/2023 text)
Oppose
SB 316 Niello, R Shoplifting: increased
penalties for prior crimes.
02/06/2023 -
Introduced PDF
05/19/2023 -
Senate
2 YEAR
Proposition 47 lessened punishment for petty theft and defined shoplifting as entering a shop with intent to steal when the value of the property was not more than $950. This bill strengthens punishment for those who have been convicted three or more times of petty theft, grand theft, or certain other crimes, and those previously convicted of a serious or violent felony. This could include additional jail time up to one year or eighteen months, depending on the situation. This bill also calls for the provisions of the law to be put to a veto referendum on the November 5, 2024 statewide general election. (Based on  02/06/2023 text)
Support
16 SB 423 Wiener, D Land use: streamlined
housing approvals:
multifamily housing
developments.
09/01/2023 -
Amended PDF
09/07/2023 -
Senate
DESK
This bill would authorize the Department of General Services to act in the place of a locality or local government when it comes to applications for a development that meet specified objective planning standards. This bill would allow for a streamlined ministerial approval process when it comes to applications for developments that meet the objective planning standards and removes the prohibition of development in a coastal zone. It modify other objective planning standards, including providing an alternative definition for affordable rent, deleting the objective planning standards requiring a skilled and trained workforce be used, and would remove the authorization to conduct public oversight of the development. This bill would require approval from the local government if the local planning director determines the development is consistent with the objective planning standards. It would require departments of the local government that are required to issue an approval of the development to meet the above-described streamlined approval requirements. It requires a local government to provide a public meeting for the public and the local government to comment on a development proposed in certain census tracts. It authorizes design review to be conducted by the local government. It states that this bill addresses a matter of statewide concern rather than a municipal affair. (Based on  09/01/2023 text) Oppose unless
amended
SB 459 Rubio, D Domestic violence:
restraining orders.
08/31/2023 -
Amended PDF
09/07/2023 -
Senate

CONCURRENCE
This law allows people to go to a civil court to file a restraining order against someone who is attacking, stalking, or threatening them. The restraining order can be valid for up to 5 years, and can even be renewed to last for more years or even permanently. This bill would require the court system to put forms in place for people to request modifications of their existing restraining orders by 2025. (Based on 08/31/2023 text) Support
SB 536 Rubio, D Surplus state real property:

Herman G. Stark Youth
Correctional Facility.
02/14/2023 -
Introduced PDF
02/22/2023 -
Senate
G.O.

This bill would allow the Director of General Services to sell or lease a certain piece of property owned by the California Department of Corrections and Rehabilitation to the City of Chino at fair market value. The proceeds from the sale or lease would be used to make bond payments and cover other necessary costs. In some cases, the Director could choose to sell the property below fair market value in order to provide housing to low or moderate income persons and families. The net proceeds from the sale would be deposited into a continuously appropriated fund. This bill would also exempt the sale from the California Environmental Quality Act. (Based on 02/14/2023 text) Support
(Chino
Sponsored)
17 SB 690 Rubio, D Domestic violence. 02/16/2023 -
Introduced PDF
09/01/2023 -
Assembly
2 YEAR
This law states that if someone inflicts bodily harm on their spouse, former spouse, or certain other specified victims, they can be punished with up to four years in a state prison, one year in a county jail, a fine of up to $6,000, or both the jail time and the fine.

Normally, prosecution for this crime must take place within five years of the offense, but this bill would extend that to fifteen years. This bill would apply to offenses committed on or after January 1, 2024 and offenses for which the statute of limitations was still in effect before January 1, 2024. The bill also states that California does not have to reimburse local agencies and school districts for any costs imposed by this new law. (Based on 02/16/2023 text)
Support
SB 747 Caballero, D Land use: surplus land. 09/08/2023 - Amended PDF
09/05/2023 -
Assembly

THIRD READING
This bill would change existing laws related to disposing of surplus land owned by a local agency, such as county, city, or school district. The existing law defines "surplus land" as land that is formally declared to be no longer necessary for the agency's use.

Agency use includes land used under a planned written board as well as land disposed of to support agency work or operations. It can also include land used for specified developments, as long as certain requirements are met. This bill would change the definition of "dispose" for these purposes to mean the sale of the property or a lease of any surplus property entered into on or after 2024, as long as certain circumstances are met. It would also add new categories of exempt surplus land, such as land owned by public-use airports or transferred to a community trust. This bill would also provide more clarity on what is considered participating in negotiations and require the Department of Housing and Community Development to maintain information related to local agencies and housing sponsors. Finally, this bill would make changes to the penalties associated with violations of the law and specify how local agencies can comply with the law's mandates. (Based on 09/08/2023 text) Support
18 MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 19, 2023

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

SUBJECT
..titl e
Approve expenses as audited and within budget for warrants 766908 to 767213, and Electronic Fund Transfers 517821E to 517941E, totaling $8,859,835.60. ..end

RECOMMENDATION
Approve expenses as audited and within budget for warrants 766908 to 767213, and Electronic Fund Transfers 517821E to 517941E, totaling $8,859,835.60. ..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:
19 CITY COUNCIL MEETING DATE: SEPTEMBER 19, 2023
TITLE: WARRANTS.

PAGE: 2

BACKGROUND

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

NO. WARRANTS DATE FY AMOUNT

1. 766908 8/9/23 23-24 $68,940.00

2. 766909 – 766946 8/10/23 22-23 $325,335.96

3. 766947 – 767049 8/10/23 23-24 $462,989.15

4. 767050 – 767058 8/18/23 22-23 $1,050,936.23

5. 767059 – 767139 8/17/23 23-24 $239,943.52

6. 767140 – 767148 8/24/23 22-23 $1,158,572.75

7. 767149 – 767213 8/24/23 23-24 $231,948.09

8. 517821E – 517837E 8/11/23 22-23 $1,392,352.09

9. 517838E – 517870E 8/11/23 23-24 $324,433.35

10. 517871E – 517877E 8/18/23 22-23 $182,173.43

11. 517878E – 517909E 8/18/23 23-24 $57,263.30

12. 517910E – 517915E 8/25/23 22-23 $2,594,752.62

13. 517196E – 517941E 8/25/23 23-24 $770,195.11

E: Electronic Fund Transfer
TOTAL $8,859,835.60

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

RB:hm
Attachment

20 Council Meeting 9/19/23

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

Check
Number
Check Date Vendor Name Description Amount
766908 08/09/2023 WESLEY SIMMONS SETTLEMENT AGREEMENT $68,940.00 766945 08/10/2023 W.A. RASIC CONSTRUCTION COMPANY, INC. ON-CALL SERVICES WATER REPAIRS $73,792.03 767039 SO. CAL EDISON CO. SERVICE PERIOD: 06/06/07/30 $334,093.07 517822 08/11/2023 BONADIMAN WATER, INC. STORM DRAIN REHAB PROJECT $285,204.25 517825 FISHER SCIENTIFIC CO. LLC CITY CONSIDERATION 4/1/23-6/30 $562,363.32 517830 INLAND EMPIRE UTILITIES AGENCY WATER PURCHASE $50,666.64 517833 NEXTECH SYSTEMS, INC. TRAFFIC SIGNAL EQUIPMENT $54,636.68 517836 WATER FACILITIES AUTHORITY IMPORTED WATER $152,969.30 517837 YUNEX LLC TRAFFIC SIGNAL MAINTENANCE $185,331.13 517841 DELL MARKETING NEW DESKTOP COMPUTERS $198,357.13 517875 08/18/2023 INLAND EMPIRE UTILITIES AGENCY RECYCLED WATER $159,923.88 767056 S/B COUNTY ASSOC GOVERNMENTS SR60/CENTRAL INTERCHANGE PROJECT $1,007,908.80 767140 08/24/2023 ALL AMERICAN ASPHALT CITYWIDE STREET REHAB $740,397.72 767144 MOTOROLA SOLUTIONS, INC. CITY CELL PHONE SERVICE $349,558.74 767171 FLOCK GROUP, INC. LICENSE PLATE READER CAMERAS &

SOFTWARE
$100,000.00
517913 08/25/2023 INLAND EMPIRE UTILITIES AGENCY RECYCLED WATER $1,429,592.39 517914 MAMCO INC WATER MAIN LINE REPLACEMENT $918,412.50 517915 TRC ENGINEERS, INC. CONSTRUCTION MGMT SERVICES $225,000.60 517931 HUMANE SOCIETY OF POMONA VALLEY ANIMAL CONTROL SERVICES $106,315.00 517940 WATER FACILITIES AUTHORITY IMPORTED WATER $515,733.47

20 TOTAL $7,519,196.65

21 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 19, 2023

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

SUBJECT
..titl e
Regular Meeting Minutes for September 5, 2023 (Council Member Flores Absent-Excused). ..end
..body

22 CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

REGULAR MEETING - CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, SEPTEMBER 5, 2023

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

CALL TO ORDER
The September 5, 2023, Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 4:31 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, and Council Member Marc Lucio
ABSENT: Council Member Christopher Flores

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.

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

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)
23 CHINO CITY COUNCIL
SEPTEMBER 5, 2023 2
The City Council recessed to Closed Session at 4:34 p.m. and concluded at 5:14 p.m. The City Council reconvened the meeting at 6:01 p.m.

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

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

Mayor Ulloa read into the record the proclamation designating the month of September 2023 as National Preparedness Month. Denise School, City of Chino Emergency Services Coordinator, accepted the proclamation.

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

Mayor Ulloa read into the record the proclamation designating the month of September 2023 as Suicide Prevention Awareness Month. Kari Franco, Community Services Supervisor introduced Erin Zamora, LMFT, LPCC, Program Manager II, San Bernardino County Community Crisis Services and Darcie Edwards, LMFT, Supervisor, San Bernardino County Clinic Crisis Contact Center, who accepted the proclamation.

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

Mayor Ulloa read into the record the proclamation designating the month of September 2023 as National Childhood Obesity Awareness Month. Brittany Zarcal, Community Services Supervisor and Michelle Leggett, Healthy Chino Coordinator, accepted the proclamation.

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

Mayor Ulloa presented the September 2023 Business of the Month Award to Living Waters Pool Service. Living Waters Pool Service representatives Troy, Erika, Jared, Trent, and Jade were present to accept the award.

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

Mayor Ulloa presented the Mayor's Home Beautification Award for September 2023 to James YuanJian Zhang of Chino.

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

Alexis Lepore, Ethan Laurin, Danea Alonzo, Abigail Senwrick, and Tatum Morris provided a presentation regarding the Let it Be Foundation Youth Leadership Team and distributed "Gold Out" shirts to the Mayor and Council Members.
24 CHINO CITY COUNCIL
SEPTEMBER 5, 2023 3

REPORT OUT OF CLOSED SESSION
City Attorney Fred Galante reported on closed session as follows:

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
The City Council received an update, provided direction, and no further reportable action was taken.

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)
The City Council received an update, provided direction, and no further reportable action was taken.

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 Mayor Ulloa abstained and recused herself from the Closed Session room. City Council received an update and provided direction, no further reportable action was taken.

AGENDA ADDITIONS/REVISIONS
City Manager Linda Reich reported agenda Item No.19 will be pulled and returned to staff and noted a correction to Item No. 2 Minutes to add Council Member Lucio to the roll call for July 5 and July 18, 2023 minutes.

INFORMATION
Presentation - 2023 Tropical Cyclone Hilary
Denise School, City of Chino Emergency Services Coordinator, presented a report on the steps the City took to prepare for the 2023 Tropical Cyclone Hilary, including activation of the Emergency Operations Center (EOC) to Level 3 (lowest level ); providing sandbags in coordination with the Chino Valley Fire Department, Community Services, Parks & Recreation personnel staffed fire stations to assist with sandbags, Public Works cleared storm drain inlets and fallen trees, and the Police Department ensured there were no people in the flood channels.

The Mayor and City Council Members thanked City staff for their team effort to ensure safety, acknowledged the proactive preparation efforts that took place, and thanked City residents for following safety protocol instructions.
25 CHINO CITY COUNCIL
SEPTEMBER 5, 2023 4

PUBLIC ANNOUNCEMENTS
Mayor Ulloa issued a reminder about the following scheduled community events and in-memoriam announcements:

The Chino Cares Emergency Preparedness Fair will occur on Saturday, September 16 at the Chino Civic Center from 10:00 a.m. to 2:00 p.m. Residents are invited to the City's first Chino Cares Emergency Preparedness Fair in collaboration with the Chino Police Department, Chino Valley Fire District, and the California Fire Foundation. For further details and registration information, please visit www.cityofchino.org/CCPF.

The City of Chino Second Annual Photo Contest will occur during the month of September and photographers of all ages and skill levels are invited to capture the essence of the Chino community. Visit www.cityofchino.org/photocontest to submit your entries by the deadline on September 26, 2023, at 5:00 p.m.

Mayor Ulloa announced the City Council Meeting will be adjourned in memory of Glenn Duncan, Donna De Bie, and Father Mike Maher. Mayor Ulloa took a moment to pay a tribute to the three individuals who built a legacy that will be remembered for generations to come.

PUBLIC COMMENTS
Pastor Roy Robbins, Christ Lutheran Church, provided the invocation.

Melissa Compani, Field Representative for Curt Hagman Fourth District Supervisor's Office, provided announcements and an update on upcoming events.

Donna Marchesi, resident, spoke in opposition of the Inland Valley Humane Society (IVHS) actions to suspend the feral cat neuter discount program. Ms. Marchesi frequently uses the program in order to help with the feral cat population in the City of Chino. She noted the IVHS fee of $70 is not reasonable for those who are already spending money and time to trap, neuter and return cats. City Manager Reich invited Ms. Marchesi to speak with City staff to see how the City can assist in this effort.

Terri Carven, resident, spoke in opposition of the Inland Valley Humane Society's decision to suspend the feral cat neuter discount program. Mayor Ulloa asked City staff to follow up with Ms. Carven regarding her concerns.

Reana Garcia, read a letter on behalf of Melinda Mendoza, who unable to attend the meeting.

The letter expressed the need for softball field renovations at Ayala Park for Chino Girls Fastpitch.

Reana Garcia, resident, and parent of Chino Girls Fastpitch players, spoke in support of the Ayala Park softball field renovations and detailed the concerns related to the delay in completing the renovations.

Aria Alvarez, resident, Chino Girls Fastpitch player, spoke in favor of Ayala Park softball field renovations and expressed the need for shade in the dugouts during games.

Lori Langrell, of Chino Girls Fastpitch, spoke in favor of the Ayala Park Improvement Project and explained that they have lost participation in their softball program due to the renovations not being completed. Ms. Langrell read an update provided to her by the City in January 2017, and noted the project remains unapproved today. City Manager Reich explained the softball field improvement bids were 2.1 million over the estimate and staff is in the process of finding a 26 CHINO CITY COUNCIL
SEPTEMBER 5, 2023 5
more affordable resolution.

A resident of The Preserve spoke regarding concerns of truck traffic at Bickmore Avenue. She also shared concerns regarding parking restrictions for street sweeping in her neighborhood.

Mayor Ulloa requested staff to follow up with the resident regarding her concerns.

RECESS
The City Council took a brief 5 minute recess to resolve technical difficulties.

CONSENT CALENDAR
Motion by Council Member Burton, seconded by Council Member Lucio, to approve the Consent Calendar items 1 -16 as presented, with minor edits to Item No. 2 Minutes to include Council Member Lucio in the roll call for July 5 and July 18, 2023 meeting minutes. The motion carried by the following vote:

AYES: ULLOA, COMSTOCK, BURTON, AND LUCIO
NOES: NONE.

ABSENT: FLORES

1. Warrants. Warrants

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).

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. 27 CHINO CITY COUNCIL
SEPTEMBER 5, 2023 6

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.

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

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.

Mayor Ulloa opened the public hearing.

Jackie Melendez, Assistant City Manager, provided a report on the item.

Mr. Steve Chung, Regional Vice President of Creative Bus Sales, Inc., thanked the City of Chino for the support and indicated that he is looking forward for the continued partnership.

Council Member Burton thanked Mr. Chung for his continued partnership.

Mayor Ulloa closed the public hearing.

Motion by Mayor Pro Tem Comstock, seconded by Council Member Lucio, to 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 28 CHINO CITY COUNCIL
SEPTEMBER 5, 2023 7
documents on behalf of the City. The motion carried by the following vote:

AYES: ULLOA, COMSTOCK, BURTON, AND LUCIO
NOES: NONE.

ABSENT: FLORES

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.

Debbie Pacheco, Deputy Director of Human Resources, provided a report on the item.

City Attorney Fred Galante read the title of the ordinance into the record:

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
Motion by Council Member Lucio, seconded by Mayor Pro Tem Comstock, to 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. The motion carried by the following vote:

AYES: ULLOA, COMSTOCK, BURTON, AND LUCIO
NOES: NONE.

ABSENT: FLORES

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.

Item No.19 was pulled and returned to staff. No action was taken on Item No. 19. 29 CHINO CITY COUNCIL
SEPTEMBER 5, 2023 8

MAYOR AND COUNCIL REPORTS
Mayor Ulloa
Mayor Ulloa reported on meeting and events attended since the last meeting that included the Chino Demolition Derby; retirement celebration for Terry Catlin, General Manager of Water Facilities Authority, and newly appointed General Manager Van Jew; Mayor's Prayer Breakfast; Police Chief Simmons Retirement Walk of Honor; Relay for Life; Police Chief Mensen's Swearing In Ceremony; presented a Proclamation for Senior Citizen's Day; Chino Boxing Foundation Fight Night; and the September Senior Birthday Celebration.

Mayor Pro Tem Comstock
Mayor Pro Tem Comstock reported on meetings and events attended since the last meeting that included the Chino Demolition Derby; Chino Boxing Foundation Fight Night; and Chief Simmons Retirement Walk of Honor. She thanked the residents who spoke tonight regarding truck traffic and Ayala Park softball fields and assured that the City will work on their concerns.

She thanked Mayor Ulloa for providing the in memoriam recognition for Glenn Duncan, Father Mike Maher, and Donna De Bie and congratulated the recent Police Department promotions.

Council Member Burton
Council Member Burton reported on meetings and events attended since the last meeting that included reading to elementary students at the Chino Community Garden; UChooze back to school giveaway at the Chino Community Building with the Chino Police Department and Chino Valley Fire Department; National Night Out; Chief Simmons Retirement Walk of Honor; Blue Ribbon Breakfast; Chief Mensen Swearing In Ceremony; and Saturday Night Fight sponsored by the Chino Youth Boxing Foundation and congratulated Council Member Flores for an impressive performance. Council Member Burton congratulated the recent Police Department promotions and offered his condolences to families of Glenn Duncan, Donna De Bie and Father Mike Maher.

Council Member Flores
Council Member Flores was absent - excused.

Council Member Lucio
Council Member Lucio reported on meetings and events attended since the last meeting that included the Chino Demolition Derby, meeting with Mr. Henry Hong regarding his development project near College Park/Ayala Park and is hopeful it will start by next year; attended Chief Simmons Retirement Walk of Honor; and Chief Mensen's Swearing In Ceremony and offered him full support as he takes on his new role. He wished his mother and son a happy birthday and expressed his condolences to Glenn Duncan, Father Maher, and Donna De Bie.

City Manager's Report
City Manager Linda Reich thanked staff for the proactive preparations taken for Tropical Storm Hilary and invited residents to attend the upcoming Emergency Preparedness Fair.

City Attorney's Report
City Attorney Fred Galante provided a brief update on the Inland Empire Utilities Authority (IEUA) agreement and will provide an update to the City Council at the next meeting. He expressed his condolences to the family of Glenn Duncan. 30 CHINO CITY COUNCIL
SEPTEMBER 5, 2023 9
Police Chief's Report
Chief Mensen expressed his appreciation and support for his Swearing In Ceremony and congratulated the recent Police Department promotions. He provided an update regarding the recent Los Angeles County homicide and vehicle abandoned in the City of Chino, and reported the suspect was arrested on Sunday by Los Angeles County Sheriff. Chief Mensen reported on the current staffing or commercial traffic enforcement and will continue to work with the State Department of Transportation to address the commercial enforcement signage concerns.

Council Members recommended options for commercial vehicle traffic signage and identifying traffic patterns.

Fire Chief's Report
Fire Chief Dave Williams provided a report on the Chino Valley Fire District drone program which will help provide the ability to see structures to combat incidents and shared about the addition of a therapy dog at the District. He reported on the proactive efforts taken to prepare for Tropical Storm Hilary and thanked the Chino Valley Fire District personnel who reported to work and noted that he is looking forward working with Chief Mensen and the newly promoted Police Department command staff.

ADJOURN IN MEMORY OF GLENN DUNCAN, DONNA DE BIE, AND FATHER MIKE MAHER The meeting adjourned at 8:06 p.m. in memory of Glenn Duncan, Donna De Bie, and Father Mike Maher.

The next meeting of the City Council will be a Workshop held on Tuesday, September 12, 2023 at 6:00 p.m. The next Regular Meeting 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.

APPROVED AND ADOPTED THIS 19TH DAY OF SEPTEMBER 2023.
________________________________
EUNICE M. ULLOA, MAYOR
________________________________

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

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 19, 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:
32 CITY COUNCIL MEETING DATE: SEPTEMBER 19, 2023
TITLE: ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL, TRAINING, AND MEETINGS.

PAGE: 2

BACKGROUND
In accordance with Government Code Sections 53232.2 and 53232.3, implementing Assembly Bill (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.

33 SEPTEMBER 19, 2023 EXHIBIT A

Event Date Meeting Purpose and
Subject Matter
Location

City Official Attendees

No report for this
period.

34 MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 19, 2023

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

SUBJECT
Approval of Preserve Sewer Lift Station, Force Main , and Gravity Line Annual Reconciliation of Sewer Credits Fiscal Year 2022-23 (Chino Development Corporation). ..titl e
..end

RECOMMENDATION
1) Appropriate $500,000 to the Citywide Sewer Fund and schedule a corresponding year-end transfer in the amount of $500,000 from The Preserve Sewer Development Impact Fee Fund; 2) approve an immediate reimbursement in the amount of $500,000 to Chino Development Corporation (CDC) for The Preserve/Prado Sewer Lift Station, Force Main and Gravity Line project; 3) authorize Sewer Develop ment Impact Fee Credits in the amount of $ 563,016.44 issued to CDC for properties in The Preserve; 4) apply the Sewer Development Impact Fee credits and reimbursement to the balance owed to CDC per the terms of the Agreement, bringing forward the remaining balance owed to CDC in the amount of $ 4,156,871; and 5) authorize the City Manager to execute all necessary documents on behalf of the City. ..body

FISCAL IMPACT
Requires an appropriation of $500,000 to the Sewer Fund 530 with corresponding year -end transfer in the amount of $500,000 from The Preserve Sewer Development Impact Fee Fund 262. There is sufficient fund balance in Fund 262 for this transaction. Additionally, staff will continue to monitor the fund balance in The Preserve Sewer DIF program and will continue making progress payments to the developer (when funds are available) until the terms of the agreement are fulfilled. Each progress payment requires an appropriation of funds and, therefore, each payment will be brought back to the City Council for approval.

Revenue: Click or tap here to enter text.

Expenditure: 5307320-43640
35 CITY COUNCIL MEETING DATE: SEPTEMBER 19, 2023
TITLE: PRESERVE SEWER LIFT STATION, FORCE MAIN, AND GRAVITY LINE ANNUAL RECONCILIATION OF SEWER CREDITS FISCAL YEAR 2022 -23 (CHINO DEVELOPMENT CORPORATION).

PAGE: 2

Transfer In: 5301000-50000 Transfer Out: 2621000-40001 36 CITY COUNCIL MEETING DATE: SEPTEMBER 19, 2023
TITLE: PRESERVE SEWER LIFT STATION, FORCE MAIN, AND GRAVITY LINE ANNUAL RECONCILIATION OF SEWER CREDITS FISCAL YEAR 2022 -23 (CHINO DEVELOPMENT CORPORATION).

PAGE: 3

BACKGROUND
In 2004, the City of Chino entered into a Development Agreement (“DA”) with three entities of the Lewis Management Corporation known as Chino Development Corporation, Chino Preserve Development Corporation, and Chino Holding Company, LLC (collectively referred to as “Lewis”). The DA was en tered into to help guide the orderly development of The Preserve, which was envisioned as a master -planned residential and commercial community.

Additionally, the DA sets the terms and conditions of development on property owned by Lewis and established t he rights and obligations of the developer and the City during development.

The Preserve DA, as amended, in conjunction with the conditions of approval for Tracts 16419, 16419-1, 16420, 16420 -1, 16797, 17057, 17571, 17572, and 19994, required Lewis to desi gn and construct various sewer improvements as a condition to development of The Preserve.

The sanitary sewer plan identified in The Preserve Specific Plan for portions of The Preserve north of Pine Avenue was originally designed to divert sewage to the In land Empire Utilities Agency’s (IEUA) Regional Plant 2 located on El Prado Road north of Pine Avenue. However, due to IEUA’s plan to decommission Regional Plant 2, the City was required to find an alternative solution. Since a gravity -based sewer system wa s not possible due to the existing topography challenges in The Preserve, it was decided that The Preserve Lift Station, Force Main, and Gravity Line project ("Project") would be the most feasible solution to collect and convey sewer flows that are gravity fed to the southern portion of The Preserve. The Project pumps sewage up to IEUA’s Kimball Interceptor , which drains to IEUA’s Regional Plant 5 for treatment and processing.

The Project was satisfactorily constructed to meet City specifications and was formally accepted as complete by the City Council on January 15, 2019. The annual operation, maintenance, and replacement costs of the lift station are paid by propert y owners that utilize the facility through a Sewer Lift Station Fee on their utility bill . The lift station has been in operation since summer 2018 with IEUA operating and maintaining the facility in accordance with a reimbursement agreement between IEUA and the City, approved by the City Council on July 17, 2018.

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

Therefore, in conjunction with the formal acceptance of the Project, the City Council also approved a credit/reimbursement agreement, as amended, with the City and Lewis (“Agreement”). Pursuant to the terms of the Agreement, Lewis will receive sewer development impact fee credit and/or be reimbursed for the actual validated costs.

ISSUES/ANALYSIS
The current DIF Nexus and Calculation Report includes a cost estimate for the Sewer Lift Station/Force Main Project (SW -143) and Gravity Line (SW -103) for a not to exceed amount of $12,578,856. The City Engineer reviewed the developer's final accepted/approved "as -built" plans, specifications and supporting documentation and determined that $12,162,432 is eligible for DIF credit and reimbursement. The remaining balance of $416,424 will be used to off -set 37 CITY COUNCIL MEETING DATE: SEPTEMBER 19, 2023
TITLE: PRESERVE SEWER LIFT STATION, FORCE MAIN, AND GRAVITY LINE ANNUAL RECONCILIATION OF SEWER CREDITS FISCAL YEAR 2022 -23 (CHINO DEVELOPMENT CORPORATION).

PAGE: 4

costs associated with the expansion of this facility for the purchase and installation of additional pumps to increase the capacity as development within The Preserve continues.

Per the terms of the Agreement, the City is required to reconcile the sewer DIF credits issued to Lewis for its residential and commercial developments and monitor the sewer DIFs collected from developers in The Preserve on an an nual basis. Lewis received sewer DIF credit in the amount of $364,282 for Fiscal Year 2022-23 for development projects south of Pine Avenue. At Lewis’s request, these sewer DIF credits will be applied to its Construction Credit and Reimbursement Agreement No. 2023 -133 for Sewer Main Improvements (“Sewer Main Improvements Agreement”) that serve developments south of Pine Avenue. The credit reconciliation for the Sewer Main Improvements Agreement will be brought back to the City Council for consideration in October 2023.

Additionally, staff and Lewis completed a comprehensive review of the previous fiscal years to ensure that the correct fees were applied and that all sewer DIF credits were accurately accounted for. This resulted in a credit adjustment in th e amount of $563,016.44 for previous fiscal years. Lewis is also eligible to receive a $500,000 reimbursement based on the available fund balance in The Preserve Sewer DIF fund. The credit adjustment and reimbursement were deducted from the amount owed to the developer bringing a new balance forward in the amount of $4,156,871 as shown in the summary below:

Validated Costs $ 12,162,432.00
Previous Cash Reimbursements $ (3,057,486.40)
Previous Credits Issued 5,022 Units & Commercial $ (3,885,058.16) Subtotal Balance Forward $ 5,219,887.44
FY 2023-24 Cash Payment $ (500,000.00)
Sewer Credit Adjustment Previous Years $ (563,016.44)
Balance Forward $ 4,156,871.00
Construction of master-planned sewer improvements are part of the City’s long range plan ning efforts to ensure the orderly development of The Preserve Specific Plan area. In addition, the City’s goal of sustaining financial stability and integrity in the implementation of the DIF program would be achieved through the continued efforts to fulfill the terms of the Agreement.

Therefore, it is Staff’s recommendation to the City Council to authorize the credits issued to the Developer in The Preserve in the amount of $563,016.44 and approve an immediate reimbursement in the amount of $500,000, bri nging forward a new balance owed to the Developer in the amount of $4,156,871.

Attachments: Exhibit A - Original Credit and Reimbursement Agreement No. 2019-220 Exhibit B - Payment and Credit Reconciliation Summary

38 S. Ramos Contract No. Z011- 22 0
DS/ Administration Approved /// 51
43/€ 3,, #
zy

REIMBURSEMENT AGREEMENT
FOR
SEWER LIFT STATION/ FORCE MAIN ( Project SW- 143)
GRAVITY LINE ( Projects SW- 103)
THIS AGREEMENT is made and entered into this
15th
day of January, 2019 by and
between the CITY OF CHINO, a Municipal Corporation, hereinafter called the " CITY", and CHINO DEVELOPMENT CORPORATION, hereinafter called the " DEVELOPER" together referred to as " PARTIES".

WITNESSETH
WHEREAS, CITY, pursuant to that certain Preserve Development Agreement No. 2004- 073 effective July
1st,
2004 ( the " Agreement"), required DEVELOPER to install certain Public Facilities described in the approved Development Impact Fee Calculation and Nexus Report as a condition precedent to obtaining development approvals; and WHEREAS, DEVELOPER installed the Sewer Lift Station/ Force Main Project and Gravity Line described in Exhibit 1 ( the " Improvements") attached hereto and made a part of hereof which benefits property subject to the Agreement (the "Lewis Property) and other property within The Preserve Area and of the General City depicted in Exhibit 2 (" Area of Benefit") attached hereto and made part of hereof; and
WHEREAS, DEVELOPER agreed, at its own expense, to furnish all equipment and material necessary to perform and complete in a good and workmanlike manner, the Improvements. DEVELOPER agreed to advertise, publicly bid, and award a contract for construction of Public Improvement in accordance with Public Contract Code and comply with all applicable provisions of California law, including but not limited to the prevailing wage provisions contained in the Labor Code; and
WHEREAS, Chino Municipal Code ( CMC) Chapter 3. 45 ( the " Preserve DIF Ordinance") also specifies that any DEVELOPER in the portion of the City known as The Preserve that constructs sewer improvements described in the reports referenced in the Preserve DIF Ordinance that are in excess of what is needed for its development is entitled to a priority reimbursement from the sewer fee account and/or fee credit against its obligation to pay sewer development impact fees; and
WHEREAS, DEVELOPER has completed all work incidental to the installation of the said Improvements according to the specifications of the CITY, and said work was completed under the inspection of, and to the satisfaction of, the City Engineer of CITY and any change orders shall be approved by the City Engineer.

NOW, THEREFORE, the PARTIES acknowledge the truth of the foregoing recitals and agree as follows:

SEWER SYSTEM LIFT STATION, FORCE MAIN& GRAVITY LINE
PROJECTS SW143& SW103 Page 1 of 6
39 AGREEMENT

1. Preserve DIF Credit and Priority Reimbursement. a. DIF Ordinance Reimbursementor Credit Amount. The City Engineer has determined that the total cost of the Improvements that are eligible for credit or reimbursement pursuant to CMC Chapters 3. 45 and 3. 40 is estimated to be Nine Million, Five Hundred Fifty- Five Thousand 9, 955, 000. 00) dollars (" Total DIF Cost"). 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 CMC 3.45. 110.6. 3 and C. 9.
b. DEVELOPERshall be reimbursedfor the actual, City Engineer-approved costs DEVELOPER incurs to construct the Public Improvements pursuant to the procedure set forth in this Section. The Public Improvements are apportioned as follows: estimated Sewer Collection Facilities DIF: Project SW- 143 Sewer Lift Station/ Force ($ 8,371,000.00) and estimated Gravity Line Project SW- 103 ($ 1, 584, 000. 00).
c. Project Credits. Of the Total DIF Cost, as of July 1st,
2018,
1, 220, 202. 00 (" Past Project Credit") has been used by DEVELOPER or its assignees as a project credit against The Preserve DIF Sewer Fees otherwise due and payable within the Lewis Property pursuant to CMC Section 3. 45. 110. 6 of (" Project Credit") as more particularly set forth in Exhibit 3 titled " Sewer Credit Reconciliation" attached hereto and made part of hereof.
d. Remaining Priority Reimbursement and Project Credit. An amount equal to the Total DIF Cost, as ultimately determined by the City Engineer, less the Past Project Credit ( the " Chino Amount") remains to be returned to DEVELOPER as a Priority Reimbursement collected from properties within the Area of Benefit and/ or as a Project Credit against Preserve DIF Sewer Fees otherwise due and payable by DEVELOPER anywhere within the Lewis Property. On the first business day on or following each February
1st
commencing on February
1st,
2019 ( each, a " Payment
Date"), CITY shall pay DEVELOPER 100% ( exclusive of any overhead rate collected by City per CMC Section 3.45. 030, K) of the amount of the Preserve Sewer Fees collected from properties ( within the Area of Benefit) during the preceding calendar year, unless the CITY and DEVELOPER agree in writing to a lower percentage, until the Chino Amount has been returned in full to DEVELOPER by reimbursement or Project Credit or by a combination. Any Project Credit used by the DEVELOPER toward any future project on the Lewis Property shall be applied against the amount of the Preserve Sewer DIF at the time the DEVELOPER becomes liable for its payment. Of the Chino Amount, the DEVELOPER agrees that not less than $ 2, 010, 597. 00 shall be utilized as

Page 2 of 6 ends

40 Project Credit, including the Past Project Credit. Whenever DEVELOPER elects to use all or any portion of the remaining Chino Amount as a Project Credit against Preserve Sewer Fees otherwise due and payable within Lewis Property, DEVELOPER shall provide written notice to the CITY of the amount to be applied from time to time and the portion of the Lewis Property for which the Project Credit will be used and the assignee, if applicable, of such Project Credit amount. Under no circumstances shall DEVELOPER and/ or its assignees receive Priority Reimbursement payments and Project Credit that, in total, exceed the Chino Amount. e. Annual Reconciliation. Once each year, commencing February 1St, 2019 and each February 1st thereafter, CITY and DEVELOPER representatives shall meet for the purpose ascertaining the amount of the reimbursement paid by CITY to the DEVELOPER from Preserve DIF Sewer Fees collected from properties in the Area of Benefit during the prior calendar year and the amount of Project Credit taken by DEVELOPER against its obligation to pay Preserve DIF Sewer Fees for its development of any portion of the Lewis Property. CITY and DEVELOPER shall prepare a document that reconciles the CITY' S reimbursement payment amount to DEVELOPER, if any, and Project Credit amount taken by the DEVELOPER, 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 Chino Amount then remaining and it shall be binding on the PARTIES.

2. Acceptance of Improvements. The Improvements shall be the sole property of CITY upon acceptance by the CITY. DEVELOPER shall notify CITY in writing when the Improvements are complete. Such written notification shall include a request that CITY accept the Improvements. The CITY shall accept the Improvements within ninety ( 90) calendar days from receipt of such notification by the DEVELOPER unless the Director of Public Works determines that the Improvements does not comply with the Plans and Contract Documentsin which case he may require DEVELOPERto remedy any deficiency of the Improvements. CITY shall further be the beneficiary of the construction agreement between DEVELOPER and the construction contractor, Pacific Hydrotech Corporation for the installation, completion, and maintenance of the Improvements dated May 8th, 2017, as amended on the same date and again on December 27, 2018 as well as the related warranty bond, dated January 9 , 2019.

3. 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 volunteers harmless from and against any and all 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 construction of the Improvements. In addition, the foregoing indemnity provision shall only apply to Claims which are tendered by the CITY to DEVELOPERby written notice delivered within one year from the date on which CITY accepts the Improvements and shall survive the termination of this Agreement

Page 3 of 6 ends

41 for that one- year period. It is understood that the duty to indemnify and hold harmless includesthe dutyto defendas setforth in section2778of the CaliforniaCivilCode.

4. Preservation of City' s Rights. The City hereby preserves its right to impose on any and all future development projects conditions of approval requiring the construction and/ or payment of development impact fees for the construction of any sewer facilities that may be deemed necessary and are part of the Master Plan of Facilities pursuant to CMC 3. 45.

5. Notices. All notices permitted or required under this Agreement shall be deemed made when delivered to the applicable party's representative as provided in the Agreement. Such notices shall be mailed or otherwise delivered to the addresses set forth below, or at such other addresses as the respective PARTIES may provide in writing for this purpose:

DEVELOPER: CITY:

CHINO DEVELOPMENT CORPORATION City of Chino
1156 N. Mountain Avenue 13220 Central Avenue
Upland, CA 91786 Chino, CA 91710
Attn: Mr. John M. Goodman Attn: City Manager
With copy to:

Lewis Management Corp.
1156 N. Mountain Ave
Upland CA 91786
Attn: General Counsel
Such notices shall be deemed made when personally delivered or when mailed, forty-eight 48) hours after deposit in the U.S. Mail, certified mail, return receipt requested, to the party at its applicable address.

6. Entire Agreement; Amendment. This Agreement contains the entire agreement of the PARTIES hereto with respect to the matters contained herein, and supersedes all negotiations, prior discussions and preliminary agreements or understandings, written or oral. No waiver or modification of this Agreement shall be binding unless consented to by both PARTIES in writing.

7. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilegeor servicevoluntarilygivenor performedby a partyshall give the other party any contractual rights by custom, estoppel, or otherwise.

8. Invalidity and 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.

Page 4 of 6 ends

and maintenanceof
the ImprovementsdatedMay 8th, 2017, as amendedon the samedate andagainon December27, 2018 as well as the related
warranty bond, dated January9 , 2019. 3. Indemnity. DEVELOPER, to the fullest extent permitted by law, shall indemnify, defend, and hold the CITY and its electedand appointed officials, agents,employees, and authorizedvolunteersharmlessfrom and against any and all actions, suits, claims, liabilities, losses, damages, penalties, obligations, and expenses ( includingbut not limited to attorneys' fees, expert witness fees, and courtcosts) (" Claims") thatarise, directlyor indirectly, fromthe design and/ or constructionof the Improvements. In addition, the foregoingindemnityprovisionshallonly applyto Claimswhichare tenderedby the CITY to DEVELOPERby writtennoticedeliveredwithin one year from the date on which CITY acceptsthe Improvementsand shall survive theterminationof
42 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, appropriateor convenientto attain the purposesof this Agreement.

10. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.

11. Construction; Captions. Since the PARTIES or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.

The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

12. Incorporation of Recitals. The Recitals are incorporated herein and made an operative party of this Agreement.

13. Authority to Enter into Agreement. Each party warrants that it has all requisite power and authority to execute and perform this Agreement. Each person executing this Agreement on behalf of their party warrants that he or she has the legal power, right and authorityto make this Agreementand bind his or her respectiveparty.

14. Assignment. This Agreement may not be assigned by the CITY.

DEVELOPER may assign its rights to all or any portion of the Priority Reimbursement provided that DEVELOPER stipulate in a written notice to the CITY the name and address of the assignee and the amount assigned.

15. Counterparts. This Agreement may be signed in counterparts, each pf which shall constitute an original.

SIGNATURE PAGE FOLLOWS

Page 5 of 6 ends

cation of thisAgreementshall bebinding
unless consented to by bothPARTIESin writing.7. Waiver. No waiverof any default shall constitute a waiverof any other default or breach, whether of the same or othercovenantor condition. Nowaiver, benefit,privilegeor servicevoluntarilygivenor performedby a party shallgive the otherparty
any contractual rights by custom, estoppel, or otherwise.8. Invalidity andSeverability.

If any portionof this Agreementis declared invalid, illegal, or otherwise unenforceableby a court of competentjurisdiction, the remaining provisionsshallcontinuein
full force and
effect.Page 4 of 6 and maintenanceof the ImprovementsdatedMay 8th, 2017,as amendedon the same date and againon
December27, 2018 as well as the related warrantybond, dated January 9 , 2019. 3. Indemnity. DEVELOPER, to the fullest extent permitted by law, shall indemnify, defend, and hold the CITY and its electedandappointed officials, agents, employees, and authorized volunteers harmless from and against any and all actions,suits, claims, liabilities, losses, damages, penalties, obligations, and expenses ( including but not limitedto attorneys' fees, expert witnessfees, and courtcosts) ("Claims") that arise, directlyor indirectly, from the designand/ or constructionof the Improvements.

In addition, the foregoingindemnity provisionshall only apply to Claimswhichare tenderedby the CITY to DEVELOPERby written noticedeliveredwithin one year fromthe date on whichCITYaccepts
43 IN WITNESS WHEREOF, DEVELOPER has signed and the CITY Council of CITY has authorized this Agreement to be executed on January / 7 , 2019, at Chino, California.

APPROVED AS TO CONTENT: APPROVED AS TO FORM:

Af a. 7/ 1
CITY Engineer Date CITY Attorney Date
CITY OF CHINO: CHINO DEVELOPMENT CORPORATION:
41 ' 13r ave 6.'" 4,1ity;14
Ma hl ntyne Name Title
CITY Marla. r
L« ir ", t„,..

Si. , ature Date
4-11
ATTEST:
t N / k
C-
Th
dress i""`
r. - OA
6\
1755 OVID
Ang - obles Date
CITY Clerk
Exhibit 1; Description of Sewer Lift Station/ Force Main Project and Gravity Line, 2- pages.

Exhibit 2; Area of Benefit; 1- page
Exhibit 3; Sewer Credit Reconciliation; 1- page

Page 6 of 6 ends

44 Exhibit 1
Improvements
Preserve Sewer projects within Preserve DIF Program
Sewer Lift Station / Force Main- Project SW- 143
Gravity Sewer Line from Pine Ave to Lift station in Johnson Avenue from- Project SW 103
45 CITY OF CHINO, CALIFORNIA
Master Facilities Plan Project Detail
As Of 2017- 18
Infrastructure: Sewer Collection System
Project Title/ Ref#: Pine To Lift Stafion( Reach Number 3) SW- 1 03 • Submitting Departments: Public Works- Engineering
Project Description:

Construct2,480`of 20" pipefromPine to liftstation. Project administrationconsisting of engineering,project management staking, surveying, soils,materialstestingandinspectionhasbeenaddedat20%ofconstructionscosts,and10%ocontingencycosthasbeenaddedtothe combined project administration and construction costs.

Justification/ Consequences of Avoidance:

Constructionofthislineisnecessarytobeabletomeetthesewagecollectioncapacitydemandsthatareanticipatedto occurwhenthe currentlyundevelopedupstreamparcelsarefullydeveloped. Unlikeotherinfrastructure,failureto constructneededsewercollectionprojects willeliminateanypossibilityoffutureprivateconstruction.

Relationshipto GeneralPlanDevelopment
TheprojectisrelatedtothecollectionofwastewaterfromThePreserveareaofChino.Theamountofanyprojectcostsnotfullyattributedto newdevelopmentwithinthegeneralarea(ifany)representsthepercentageofproposedsewercollectionandtransmissionlinescurrently needed (ora portionthereof)thusthatpercentageIsrecognizedasacurrentdefidencyandwillneedtobefinancedby sourcesotherthan RIFs.

Allocation To General Plan Buildout 100. 00%
Reference Document
Sewer MasterPlan, Subareas1and 2, ChinoAgriculturalPreserve, as amended by LDKING.05/04/10.

Project Timing:

The projectwillbeconstructedas neededbasedupontherateofdevelopmentand/orDevelopmentImpactFeesareavailable.As a result all projects default to the final year column.

PROPOSED EXPENDITURES FY2017- 18 FY2018- 19 FY 2019- 20 FY2020- 21 FY2021- 36 Total all Years

1. Design 1 Engineering/ Adminlstratic 0 0 0 0 240, 000 240, 000

2. Land Acquistion/ Right Of Way 0 0 0 o 0 o

3. Construction 0 0 0 0 $ 1, 200, 000 $ 1,200, 000

4. Contingency 0 0 0 0 144, 000 144, 000

5. Equipment/ Other 0 0 0 0 0 0
TOTAL COST: 0 0 0 0 $ 1, 584, 000 $ 1, 584, 000

Page 4 ends

6 and maintenanceof theImprovementsdatedMay8th,
2017, as amendedon
the samedate
andagain on December27, 2018 as well as the relatedwarrantybond, datedJanuary9 , 2019.

3. Indemnity. DEVELOPER, to the fullest
extent permitted by law, shall indemnify, defend, and hold the CITY and its elected and appointedofficials, agents, employees, and authorizedvolunteers harmless from and againstany and all actions,suits, claims, liabilities, losses, damages, penalties, obligations, and expenses ( includingbut not limited to attorneys' fees, expertwitness fees, and court costs) (" Claims") that arise, directly or indirectly, from the designand/ or constructionof the Improvements. In addition, the foregoingindemnityprovision shall only applyto Claims which are tenderedby theCITY to DEVELOPERby writtennoticedeliveredwithinone yearfrom the date on whichCITYacceptsthe Improvementsand shall survivethe terminationof this AgreementPage 3 of 6 46 CITY OF CHINO, CALIFORNIA
Master Facilities Plan Project Detail
As Of 2017- 18
Infrastructure: Sewer Collection System
Project Trtle/ Ref#: Lift Station And Force Main SW- 1 43 Submitting Departments: PublicWorks- Engineering
Project Description:

Construct 8,200' of force mainand a liftstationatthe intersectionsofReach# 2 and Reach# 3. Project administration consistingof engineering, projectmanagementstaking,surveying,soils,materialstestingandinspectionhasbeenaddedat20%ofconstructionscosts,and10% contingencycosthasbeenaddedtothecombinedprojectadministrationandconstructioncosts.

Justification/ Consequences of Avoidance:

Constructionofthislineisnecessaryto beabletomeetthesewagecollectioncapacitydemandsthatareanticipatedtooccurwhenthe currentlyundevelopedupstreamparcelsarefullydeveloped. UnlikeotherInfrastructure,failureto constructneededsewercollectionprojects will eliminate any possibilityoffutureprivate construction.

Relationship to General PlanDevelopment
The projectis relatedtothecollectionofwastewaterfromlimitedportionsoftheGeneralAreaoftheCityandThePreseiveareaofChina. The amountofanyprojectcostsnotfullyattributedtonewdevelopmentwithinthegeneralarea(if an representsthepercentageofproposed sewercollectionandtransmissionlinescurrentlyneeded (oraportionthereof)thusthatpercentageisrecognizedasacurrentdeficiencyand will need to be financed by sources otherthan DIFs.

Allocation To General Plan Buildout 100. 00%
Reference Document
Sewer MasterPlan, Subareas1 and 2,ChinoAgricultural Preserve,as amended by LDKING.05/04/10. • Project Timing:

The projectwillbe constructedasneededbasedupontherateofdevelopmentand/orDevelopmentImpactFeesareavailable.As a result all projects default to the final year column.

PROPOSED EXPENDITURES FY2017- 18 FY2018- 19 FY2019- 20 FY2020- 21 FY 2021- 36 Totes an Years

1. Design/ Engineering/ Administratic o 0 0 0 $ 1, 235, 000 $ 1, 235, 000

2. Land Acqulstlon/ Right Of Way 0 0 0 0 200, 000 200, 000

3. Construction 0 0 0 0 $ 8, 175, 000 $ 8, 175, 000

4. Contingency 0 0 0 0 761, 000 761, 000

5. Equipment/ Other 0 0 0 0 0 0
TOTAL COST: 0 o 0 o $ 8, 371, 000 $ 8, 371, 000 maintenanceof the
Improvementsdated May8th, 2017, as amendedon the same dateand againon December27, 2018 as well as the relatedwarranty
bond, dated January 9 , 2019. 3. 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 authorizedvolunteersharmlessfromand againstany and all 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, directlyor indirectly, from thedesignand/ or constructionof the Improvements. In addition, the foregoingindemnityprovisionshall onlyapply to Claimswhicharetendered by the CITY to DEVELOPERby writtennoticedeliveredwithinone year from the dateon whichCITY accepts the Improvementsandshallsurvive the terminationof this
47 Exhibit 2
Area of Benefit

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e

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Lift Station Service Area
r
Potential Lift Station Service Area t
48 Credit Reconciliation- Exhibit 3
DIF Cost Estimates Citywide Allocation Preserve Allocation SW- 143 Lift Station& Force Main $ 8, 371, 000. 00 $ 1, 674, 200. 00 $ 6, 696, 800. 00 SW- 103 Pine Ave to Lift Station( Reach 3) $ 1, 584, 000. 00 $ 1, 584, 000. 00 Reimbursement Amount $ 9, 955, 000. 00 $ 1, 674, 200. 00 $ 8, 280, 800. 00 Credits
Audited Sewer Credits- 1, 573 units $ ( 1, 220, 202. 00) Future Credits- 764 $ 790, 395. 00)
Total Credits to be Applied $ ( 2, 010, 597. 00)
Fund Balance
Available DIF Fund Balance Citywide $ ( 1, 674, 200. 00) Available DIF Fund Balance The Preserve $ 25, 000. 00) Payment No. I $ ( 1, 699, 200. 00)
Reimbursement Amount $ 9, 955, 000. 00
Audited Sewer Credits- 1, 573 units $ ( 1, 220, 202. 00) Payment No. 1 $ ( 1, 699, 200. 00)
Balance Forward $ 7, 035, 598. 00
49 Executed in Triplicate
Bond No.: 24070286
Contract No.: 21171 OS 50010 TPAC
Approved:

WARRANTY BOND
The Preserve City of Chino Sewer Lift Station
for Community Facilities District No. 2003-3
WHEREAS, Pacific Hydrotech Corporation, a California Corporation, hereinafter designated as PRINCIPAL," agrees that it shall warrant and guarantee, for the benefit of the City of Chino, State of California, hereinafter designated as " CITY," the installation, completion, and maintenance of certain designated public improvements, as stipulated in the construction agreement between the developer; Chino Development Corporation, a California Corporation and Principal, dated May 8th, 2017, and identified as The Preserve City of Chino Sewer Lift Station for Community Facilities District No. 2003- 3 project, is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the warranty of said improvements,
NOW, THEREFORE, we, the Principal, and Liberty Mutual Insurance Company as surety, are held and firmly bound unto the City of Chino in the penal sum of Four Hundred Twenty- Eight Thousand Four Hundred Ninety- Three Dollars ($ 428,493.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents, The condition of this obligation is such that if the above bound Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications.

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on January 9, 2019
Pacific Hydrotech Corporation Liberty Mutual Insurance Company PRIG -

AL SURETY
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Sy: irllrl Ey.
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Lawreftoe'=. McMahon, Attorney-in-Fac

SIGNATURE( S) MUST BE NOTARIZED
Document No. 19808( PWFORiMS\ BONDS- Warranty\ rev. 04/ 2017) Page 1 of 1 50 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CML CO':, E§ 1189 x. z„( ._ s: t " Wi _ n 0 , s; s15x. s, w em, alloc,> xnz mass.,. :; i'. r., 1;t- fis.. sxx _ . ri:,: lav .,_: x., _ ,._.' A notarypublicor otherofficercompletingthiscertificateverifiesonlytheidentityof the individualwhosignedthe document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of RIVERSIDE
On January 11, 2019 before me, Kristine Lew" Notary Public' Date Here Insert Name and Title of the Officer
personally appeared Joselito Guintu
Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the person(x) whose name(g) is/axe subscribed to the within instrument and acknowledged to me that he/sKe/they executed the same in his/ her/ their authorized capacity( ia ), and that by his/ her/ their signature(:) on the instrument the person(:), or the entity upon behalf of which the person(:) acted, executed the instrument. 1certify under PENALTYOF PERJURYunder the laws
of the State of California that the foregoing paragraph is true and correct.
1 V''
iv + t _- i\ll 3 NESS rely ; ,.. ori ; ff!:.; al se L Notary P,Ub9ic - Ca+itornia f
71( 1P."51' riverside County z rales f nz '
Commission * 21353 2,' Signature,{
tr., tS1
M Comm. Ex fres Dec 25, 2019 ature o ,. Not Public
Place Notary Seal Above

OPTIONAL
Thoughthissectionis optional, completing this informationcan deter alterationof the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: WARRANT`( BOND Document Date: January 9, 2019 Number of Pages: 1 Signer( s) Other Than Named Above: NONE Capacity( les) Claimed by Signer( s)
Signer' s Name: Joselito Guintu Signer' s Name:

Corporate Officer — Title( s): vine President Corporate Officer — Title( s):

Partner — Limited General Partner — Limited General individual Attorney in Fact Individual Attorney in Fact 7 Trustee 0 Guardian or Conservator 17 Trustee 7 Guardian or Conservator Other: Other:

Signer is Representing: Signer is Representing:

Pacific Hydrotech Corporation
2014 National Notary Association . , wwvvnw.NationalNotary. org . 1- 800- US NOTARY( 1- 800- 876- 6827) item# 5907 greesthat no change, extensionof time, alteration, or
addition to the termsof the agreementor to theworkto be performedthereunderor the specificationsaccompanying the same
shall in any way affectits obligationson this bond, andit does herebywaive noticeof any suchchange, extension of time, alteration, or additionto the terms of the agreement or to the work or to the specifications.IN WITNESS WHEREOF, this instrumenthas beenduly executedby PrincipalandSuretyabove named, on January9, 2019 PacificHydrotech CorporationLibertyMutual InsuranceCompanyPRIG - AL SURETY r 1t Sy: irllrlEy. e
grwLawreftoe'=. McMahon, Attorney-in- Fac SIGNATURE(S) MUST BENOTARIZEDDocumentNo. 19808( PWFORiMS\ BONDS- Warranty\rev.04/
2017) Page 1 of 1 ITY accepts
the
Improvements and
shallsurvive
the terminationof
this Agreement

Page 3 of 6 ends

51 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT Civil Code § 1189 iII A notary public or other officer completing this certificate verifies only the identity of the individual who signed I I
1 the document, to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. 1 11 STATE OF CALIFORNIA
i
1l
i Oounty of San Diegoi 1
JANIr, before me, Janice R. Markin I\ iota;- y ublic, 1 Date insert Name of Notary exactly as it appears on the official seal I, I1 I,1
personally appeared Lawrence F. McMahon
I
I Name( s) of Signer( s)
1 !
it
who proved to me on the basis of satisfactory evidence to be the person( whose name(, is/ tl/# subscribed to the within instrument and acknowledged to me that he,' tn/ J/ I executed the same in his/%* / 1/ authorized
c
aoacity i i)
and that by his/ fd, M* signature(*} on the instrument the 1 i
i fA SIC Ff t IAP iP person( , or the entity upon behalf of tivhich the piers , /ij II
e- ..
a C:(,-.)MM * 2158852 c acted, executed the instrument- U . • f< I H s r.! t lvjptaio U)
fn
K,. iipi iyv, Utar.( $
1 t ,: :, I certify under PENALTY OF PERJURY under the laws . f tJLr . o2o the State of California that the foregoing paragra jh to true and correct. 1
I II
Witness ni e land official seal.

I
II Sign
tune -___— 3
t+ 4-.'
I
i
I I iPlace Notary Seal Above Signaturea+ r Noary Public Janice R. Martin I

OPTIONAL
I
Though the information below is not required by law, it may crave valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document 11 Description of Attached DocumentII
it
II Title or Type of Document:

I I
II Document Date; Number of Pages; I
I
I Signer( s) Other Than Named Above:

I1
j'
j ; apacity( ies) Claimed by Signer( s) i
I
I ' I
I.

I Signer' s Name: Signer' s Name: II
Individual Individual
I I_ iCorporate Officer— i itie( s): i] Corporate Officer — I Ilfle( s):

I
it
I
i Partner Limited General Partner Limited General i l Attorney n Fact. RIGHT THUMBPRINT Attorney it aci RIGHT THUMBPRINT I h Trustee
OF SIGNER E]
Tr' stee
OF SIGNER 1
I I Guardian or Conservator Guardian of , onser'/ a Topof thumb here I
1 Top of thumb here
4 (:)± 1-1 :-. i ;"')i then.
i
signer is Reprresenting.
i
Signer is Reb sentii
ng:
1 1Surety Company
I li
it
l l
TARIZEDDocumentNo. 19808(PWFORiMS\BONDS-Warranty\rev.04/ 2017) Page 1 of 1 ITY accepts the Improvementsand shall survivethe terminationof this AgreementPage3 of 6 52 This Powerof Attorney limits the acts of those namedherein,and they have no authority to V.,
fic& e.
bind the Companyexcept in the mannerandto the extent herein stated.

Liberty Mutual Insurance Company
rj
t
1 lto The Ohio Casualty Insurance Company Certificate No: 8197174 West American Insurance Company
SURETY

POWER OF ATTORNEY
KNOWN ALL PERSONSBY THESEPRESENTS:That The Ohio CasualtyInsuranceCompanyis a corporationduly organizedunder the lawsof the Stateof New Hampshire,that Liberty MutualInsuranceCompanyis acorporationdulyorganizedunderthelawsofthe Stateof Massachusetts,andWestAmericanInsuranceCompanyis a corporationdulyorganized underthe lawsof the Stateof Indiana(hereincollectivelycalledthe"Companies"),pursuantto andby authorityhereinsetforth,doesherebyname,constituteandappoint, Janice Martin, Lawrence F. McMahon, Sarah Myers
all of the city of San Diego state of CA eachindividuallyif therebemorethanonenamed,itstrueandlawfulattorney-in-factto make, execute,seal, acknowledgeand deliver,forandonits behalfassuretyandasitsact anddeed,anyandallundertakings,bonds,recognizancesandothersuretyobligations,in pursuance of these presentsandshall be as bindinguponthe Companiesas if theyhavebeen duly signedby the presidentand attestedby the secretaryof the Companiesin their ownproper persons.

IN WITNESSWHEREOF,this PowerofAttorneyhasbeensubscribedby an authorizedofficeror officialorthe Companiesandthe corporatesealsof theCompanieshavebeenaffixed thereto this 23rd day of October , 2018 .

LibertyMutualInsuranceCompany
t suR f rrusp Su. The Ohio CasualtyInsurance Company I JPoOaPORikli- !!!/' J° o POR9''
P'
y2 \ v`

GORPOR,
ti West American Insurance Company
az am (
Pe.
o * Fpm i1 co
Y1912o a 1919 191 0
7 YVII'', 1CHU .
4t'' ZO HA MP`'
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aa
ds
NDIAVP . aa3
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A.. to A a B
GU i * ) 4 *
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to
c David M. Carey, Assistant Secretary
E Stateof PENNSYLVANIA
15 2 Countyof MONTGOMERY
ss
CCa
N C
O On this 23rd day of October , 2018 before me personally appeared David M. Carey,who acknowledged himself to be the Assistant Secretary of LibertyMutual Insurance 0

6.. Company,The Ohio CasualtyCompany,and West American Insurance Company,and that he, as such, being authorized so to do, execute the foregoinginstrument for the purposes = I-
8 > therein contained bysigning on behalf of the corporations by himself as a duly authorized officer. U W N = IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. cu Q L O
CZ0O
N7t1OWNEA 3F,, a 1 fLVAN!._
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zie
o l Upper Zeno, p Mortgo _, County By:

C MyCommissionExpires zrc, 28 zazi l Teresa Pastella,astella, Notary Public O m ere aper. Pannsvlvanie Association or nloiaries
a O
a) This Power of Attorney is made and executed pursuant to and by authority of the followingBy-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual w
6-5
o. c Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: o aa)
ai ARTICLEIV- OFFICERS:Section12.Powerof Attorney.
0 2- AnyofficerorotherofficialoftheCorporationauthorizedforthatpurposeinwritingbytheChairmanorthePresident, andsubjecttosuchlimitationastheChairmanortheas15 o > President may prescribe, shall appoint such attorneys- in- fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety > c co c any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys- in- fact, subject to the limitations set forth in their respective powers of attorney, shall N ci)
have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such c°
Z instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney- in- fact under the M provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. o ARTICLE XIII- Execution of Contracts: Section 5. Surety Bonds and Undertakings. a
Any officerof theCompanyauthorizedfor thatpurposein writingbythe chairmanor the president,andsubjectto suchlimitationsas the chairmanor the presidentmay prescribe, i— shall appointsuchattorneys-in-fact,as maybe necessaryto act in behalfof the Companyto make,execute,seal, acknowledgeand deliveras surety anyand all undertakings, bonds,recognizancesandothersuretyobligations.Suchattorneys-in-factsubjectto the limitationsset forthin their respectivepowersof attorney,shallhavefull powerto bindthe Companyby theirsignatureandexecutionof any such instrumentsandto attachtheretotheseal of the Company.Whenso executedsuchinstrumentsshall be as bindingas if signed bythe presidentandattestedbythe secretary.

Certificate of Designation- ThePresidentofthe Company,actingpursuantto the Bylawsofthe Company,authorizesDavidM.Carey,AssistantSecretaryto appointsuchattorneys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.

Authorization- By unanimousconsentof the Company's Boardof Directors,theCompanyconsentsthatfacsimileor mechanicallyreproducedsignatureof cry assistantsecretaryofthe Company,whereverappearingupona certifiedcopyof anypowerof attorneyissuedby the Companyin connectionwithsuretybonds,shall bevalidandbindinguponthe Companywith the sameforce andeffectas thoughmanuallyaffixed.
i, ReneeC. Liewellyn,the undersigned,AssistantSecretary,-TheOhio CasuaityinsuranceCompany, LibertyMutualinsuranceCompany, and vilestAmericaninsuranceCompanydo herebycertifythat theoriginalpowerof attorneyof whichthe foregoingis a lull,trueand correctcopyof the Powerof,Attorneyexecutedby said Companies,is in full'forceand effectand has not been revoked.
iN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals orr said Companies this 9th day of January , 2019 .

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LMS- 12873 LMIC OCIC NVAIC Multi Co 062018
53 12. 24

MEMORANDUM
qtkow

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: JANUARY 15, 2019
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR SUBJECT: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS — PRESERVE/ PRADO SEWER LIFT STATION, FORCE MAIN & GRAVITY LINE.

RECOMMENDATION
1) Appropriate $ 1, 699, 200 from the unappropriated reserves of the Sewer Fund and schedule corresponding year- end transfers in the amount of $ 1,674, 200 from the Citywide Sewer Development Impact Fee Fund and $ 25, 000 from The Preserve Sewer Development Impact Fee Fund; 2) accept the Preserve/ Prado Sewer Lift Station, Force Main and Gravity Line project constructed by Chino Development Corporation as complete; 3) authorize the release of Performance Bond No. 839108S and initiate the three- year warranty period; 4) approve a credit and priority reimbursement agreement in the amount of $ 9, 955, 000 with Chino Development Corporation for the Preserve/ Prado Sewer Lift Station, Force Main and Gravity Line project; and 5) authorize the City Manager to execute necessary documents, in a form approved by the City Attorney, to accept ownership of the facility.

FISCAL IMPACT
Requires an appropriation from the unappropriated reserves of the Sewer Fund in the amount of 1,699,200 with corresponding year- end transfers from the Citywide Sewer Development Impact Fee Fund in the amount of $ 1, 674, 200 and The Preserve Sewer Development Impact Fee Fund in the amount of$ 25, 000.

Upon completion and final acceptance, the Sewer Lift Station, Force Main and Gravity Line project shall become the sole exclusive property of the City to operate and maintain. There are sufficient funds included in the FY 2018- 19 Sewer Sanitary Preserve Operating Budget to cover utility costs associated with the Sewer Lift Station.

Revenue: 5401000- 50000 Expenditure: 5407360- 43640, 2621000- 40001, 2541000- 40001
bow Transfer In: Transfer Out:

NEW BUSINESS Packet Pg. 314
i * ) 4 * Ns
iyt *
Ns to
c DavidM. Carey,
Assistant
Secretary
E
State of
PENNSYLVANIA 15 2
County
of
MONTGOMERYss CCa N C
O On this
23rd
day
of
October ,
2018 before mepersonallyappeared David
M. Carey,whoacknowledged
himselfto be the Assistant
Secretary
of
Liberty Mutual
Insurance 0 6.. Company,TheOhio Casualty Company,and West American Insurance Company,andthat he, as such, beingauthorizedso to do, executethe foregoing instrument for the purposes =I- 8 > therein containedby signingon behalf of the corporationsby himselfas a duly authorizedofficer. U W N = IN WITNESS WHEREOF,I have hereunto
subscribedmy name andaffixed my notarial sealat King of Prussia, Pennsylvania,on the day and yearfirst above written. cu Q LO CZ 0 O N7t1OWNEA3F,, a 1 fLVAN!._ Z 4 i i y Pa I II V, ia etc 1- e- 4,--) 441616uN zie o
l UpperZeno,
p Mortgo _, CountyBy: C
MyCommission
Expires
zrc, 28 zazi l Teresa Pastella,astella, Notary
PublicO m ere aper.

Pannsvlvanie
Association or nloiaries a O a) This Power
of Attorneyis made and executedpursuantto and byauthorityof the followingBy- laws and Authorizations of The Ohio
CasualtyInsurance
Company, LibertyMutual w 6- 5 o. c Insurance Company, andWest AmericanInsurance Companywhichresolutionsarenow in full forceand effect reading as follows: o aa) ai

ARTICLEIV-
OFFICERS:Section12. Power of Attorney.0 2- Any officer or other official of the Corporationauthorizedfor that purposein writing by
the Chairmanor the President, andsubjectto such
limitationas theChairmanortheas15 o > Presidentmay prescribe,shallappointsuch attorneys-in- fact,asmay benecessaryto actin behalfof the Corporationto make,execute,seal,acknowledge and deliver as surety > c co c any andall undertakings,bonds,recognizancesand othersuretyobligations.Such attorneys-in- fact, subjectto the limitations set forth in their respective powers of attorney,shall N ci) have full power to bind the Corporation by their signatureand execution of any such instrumentsand to attach thereto the seal of the Corporation.

When
so executed, such c° Z instrumentsshall be as binding as if signedby the President and attestedto by the Secretary.Any poweror authority grantedto any representative
or attorney- in- fact underthe M provisionsof thisarticlemay be revoked at anytime by the Board, the Chairman, the Presidentor by the officer or officersgranting such power or authority. o ARTICLE XIII- Executionof Contracts:Section5. SuretyBondsand Undertakings. a Any officer of theCompanyauthorized for that purpose in writing by the chairman or the president, and subject to suchlimitationsas the chairman or
the presidentmayprescribe, i— shall appointsuchattorneys-in-fact, asmaybe necessaryto act in behalf of the Companyto make,execute, seal,acknowledgeand deliveras surety any and all undertakings,bonds,recognizancesandothersuretyobligations.Suchattorneys-in-fact subjectto the limitationsset forth in their respectivepowersof attorney,shallhavefullpower to bind the Companyby their signatureand executionof any suchinstrumentsand to attachtheretothe seal of theCompany.Whenso executedsuch instrumentsshallbe as bindingas if signedby thepresidentand attested by thesecretary.Certificateof Designation-ThePresidentof the Company,acting pursuantto the Bylawsof the Company,authorizes David M.Carey,AssistantSecretaryto appointsuchattorneys- in- factas maybe necessaryto act on behalf of the Companytomake,execute, seal, acknowledgeanddeliveras surety anyand all undertakings,bonds, recognizancesandothersuretyobligations.Authorization-By unanimousconsentof the Company' s Board of Directors,the Companyconsentsthatfacsimileor mechanicallyreproducedsignature of cry assistantsecretaryof the
Company, whereverappearingupon a certifiedcopy ofany powerof attorneyissued by the Companyin connection with surety bonds,shallbe valid andbinding upon the Companywith thesame forceandeffectas thoughmanuallyaffixed.i, ReneeC. Liewellyn,the undersigned,AssistantSecretary,-The OhioCasuaityinsuranceCompany, LibertyMutualinsuranceCompany, andvilest AmericaninsuranceCompanydoherebycertify that
theoriginalpowerof attorneyof which the foregoingis a lull, true and correctcopy of the Powerof, Attorney executed by said Companies,is in full' force andeffect andhas not been revoked.iNTESTIMONYWHEREOF,I have hereuntosetmy hand andaffixed the sealsorr said Companiesthis9thday of January , 2019 .

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Renee
C. Llewellyn, AssistantSecretary LMS- 12873 LMICOCIC
NVAIC
Multi Co
062018
54 12. 24
COUNCIL MEETING DATE: JANUARY 15, 2019
SUBJECT: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS — PRESERVE/ PRADO

SEWER LIFT STATION, FORCE MAIN & GRAVITY LINE
PAGE 2

BACKGROUND
The Preserve Specific Plan' s sewer system for portions of the Preserve north of Pine Avenue was originally designed to divert sewage to the Inland Empire Utilities Agency' s Regional Plant located on El Prado Road north of Pine Avenue. However, due to topography challenges and the inability to provide a gravity- based sewer system, an alternate design was proposed for the Preserve/ Prado Sewer Lift Station, Force Main and Gravity Line project ( Project) to permanently meet the sewer demands of the Preserve at build- out.

Chino Development Corporation ( Developer) constructed the Project as a condition of approval for its residential developments in The Preserve. The Project has been satisfactorily constructed to meet City specifications and all punch list items have been addressed.

Additionally, this Project is a master- planned facility and is included in the City's Development Impact Fee ( DIF) program. This Project is eligible for DIF credit and reimbursement per the Chino Municipal Code, Chapters 3.40 and 3.45. City staff has completed a detailed review of the credits issued to the Developer for its multiple development projects in The Preserve, which is outlined in Exhibit 1.

ISSUES/ ANALYSIS
City staff and the developer stayed engaged throughout the course of the Project to ensure its timely delivery and that the Project was built to the satisfaction of the City Engineer. The City Engineer will review the final accepted/ approved " as-built" plans, specifications and supporting M1{' '`
documentation and will determine what costs are eligible for reimbursement. 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, which is tentatively scheduled in the Spring 2019. Additionally, once the final cost accounting is approved, the City will remit Payment No. 1 to the Developer in the amount of$ 1, 699, 200.

Additionally, Pacific Hydrotec Corporation ( the Developer' s prime contractor) shall provide to the City securities in form and content and issued by a surety acceptable to the City in concurrence with the final acceptance of the Project. The term of the warranty period shall be for three- years.

Upon completion and final acceptance, the Project shall become the sole exclusive property of the City to operate and maintain. Sufficient funds are included in the Sewer Sanitary Operating Budget to cover costs for the electricity required to operate the Sewer Lift Station.

Therefore, it is staff' s recommendation to the City Council to accept the Project as complete, initiate the warranty bond and approve a priority credit/ reimbursement agreement to the Developer in the amount of$ 9, 955, 000.

The reimbursement agreement has been reviewed and approved by the City Attorney.

Attachment: Exhibit 1 - Reimbursement Agreement
0600.

NEW BUSINESS Packet Pg. 315
mmissionExpireszrc, 28 zazil Teresa Pastella, astella,Notary PublicO m ere aper. Pannsvlvanie
Associationor
nloiariesa O a) This Powerof Attorneyis made andexecutedpursuantto and by authority of the followingBy- lawsand Authorizationsof The Ohio CasualtyInsurance Company,
LibertyMutual
w 6- 5 o. c InsuranceCompany, and West American Insurance Companywhich resolutionsare now in full force and effect reading as
follows: o aa) ai ARTICLEIV- OFFICERS:Section12.

Powerof Attorney.0 2- Anyofficerorotherofficial of theCorporationauthorizedforthat purposein writingbytheChairmanor the President, andsubjecttosuchlimitationasthe Chairman or theas 15 o > President may prescribe, shall appointsuch attorneys-in- fact,as maybe necessaryto act in behalf of the Corporation to make, execute, seal, acknowledgeand deliver as surety >c co c any and all undertakings,bonds, recognizancesand other surety obligations.Such attorneys- in- fact, subject to the limitationsset forth in their respective powers of attorney,
shall N ci) havefull powerto bindthe Corporation by their signatureand executionof any suchinstrumentsand to attach theretothe seal of the Corporation. When so
executed, such c° Z instrumentsshall be asbinding as if signed by the Presidentandattestedto by the Secretary.Any power or authoritygranted to any representativeor attorney- in- fact under the M provisionsof this article maybe revokedat any time by the Board,the Chairman,thePresidentor by the officer or officers grantingsuch power or authority. o ARTICLEXIII- Executionof Contracts:Section 5. Surety Bonds
and Undertakings. a Anyofficer of theCompanyauthorizedforthat purposein writing bythe chairmanor the president,and subject to suchlimitationsasthe chairmanor the president may prescribe, i— shall appointsuchattorneys-in- fact,as maybe necessaryto actin behalf of the Companyto make, execute,seal, acknowledgeand deliveras suretyany and all undertakings,bonds,recognizancesand othersurety obligations.Suchattorneys-in-factsubject to the limitationsset forth in theirrespectivepowersof attorney,shall havefull power to bindthe Companyby their signatureand executionof anysuchinstrumentsand to attachtheretothe seal of theCompany.Whenso executedsuchinstrumentsshall be as bindingasif signed by the presidentandattested
by thesecretary. Certificateof Designation-ThePresident of the Company,actingpursuanttothe Bylaws of the Company,authorizesDavid M. Carey,AssistantSecretaryto appoint suchattorneys-in- factas maybe necessaryto acton behalf of the Companyto make, execute,seal, acknowledgeand deliveras suretyany and all undertakings,bonds,recognizances and
other suretyobligations.Authorization-Byunanimousconsent ofthe Company's Boardof Directors,the Companyconsentsthat facsimile or mechanicallyreproducedsignatureof cryassistant secretary of the Company,whereverappearingupona certifiedcopy of any power of attorneyissued bythe Companyin connectionwith suretybonds,shallbe valid andbinding upon the Companywith the sameforceand effect as
thoughmanuallyaffixed.i, ReneeC. Liewellyn,the undersigned,AssistantSecretary,-The Ohio CasuaityinsuranceCompany, Liberty MutualinsuranceCompany, and vilest American insuranceCompanydo herebycertify that theoriginal powerof attorneyof whichtheforegoingis a lull, true andcorrectcopy of the Power of, Attorneyexecuted bysaidCompanies,is in full' force and effectand has
not been revoked. iNTESTIMONYWHEREOF,I havehereuntoset my handand affixedthe seals orr said Companiesthis 9th day of January ,
2019 . INSuR y' q r LVg
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Llewellyn,Assistant SecretaryLMS- 12873 LMIC OCICNVAIC
55 Contract No.: 2019- 220 Al
Approved: ( 0I2//. o j{
Ig

FIRST AMENDMENT
TO

CREDIT/ REIMBURSEMENT AGREEMENT
FOR
SEWER LIFT STATION/ FORCE MAIN ( Project SW- 143)
GRAVITY LINE( Project SW- 103)

THIS FIRST AMENDMENT TO REIMBURSEMENT AGREEMENT FOR SEWER IMPROVEMENTS (" Amendment No. 1") is made and entered into this 2nd day of June 2020 (" Effective Date"), by and between the CITY OF CHINO, a municipal corporation (" CITY") and CHINO DEVELOPMENT CORPORATION (" DEVELOPER") together referred to as " PARTIES".

RECITALS
WHEREAS, CITY and DEVELOPER entered into that certain Credit/Reimbursement Agreement on January 15, 2019 ( the " Agreement") whereby the CITY agreed to reimburse DEVELOPER for certain sewer improvements and appurtenances (" Improvements") in an amount not to exceed $ 9, 955, 000. 00; and
WHEREAS, DEVELOPERconstructedthe Improvementsto the satisfactionof the CityEngineer which were formally accepted by the City Council on January 15, 2019; and WHEREAS, CITY approved an update to the Development Impact Fee ( DIF) Nexus and Calculation Report that became effective in October 2019 to include updated cost estimates for the Sewer Lift Station/ Force Main Project ( SW- 143) and Gravity Line ( SW- 103); and WHEREAS, CITY completed its review of the final accepted/ approved " as- built" plans, specifications and supporting documentation and determined that $ 12, 162, 432 is eligible for DIF credit and reimbursement.

WHEREAS, an amendment to the Agreement is required to update the " estimated costs" to the actual costs" approved by the City Engineer that shall not exceed $ 12, 162, 432.

TERMS
NOW, THEREFORE, the Parties agree to amend the Agreement as follows:

1. CONTRACT CHANGES.
a.

Section1(a) of theAgreementis herebyreplacedits entiretywiththe following:

DIF Ordinance Reimbursement or Credit Amount. The City Engineer has determined that the actual cost of the Improvements that are eligible for credit or reimbursement pursuant to CMC Chapters 3.45 and 3.40 is Twelve Million, One Hundred Sixty-Two

Page 1 of 3 ends

5- 18- 20
56 Thousand Four Hundred Thirty- Two ($ 12, 162, 432) dollars (" Total DIF Cost"). The foregoingTotalDIFCostisbasedonthefinalacceptedandapproved "as-builtplans"andspecificationsandthereviewofactualcostdocumentationbytheCityEngineerpursuant to CMC 3.45. 110. B.3 and C. 9. b) Section1(b) oftheAgreementisherebyreplacedinitsentiretywiththefollowing:

DEVELOPERshall receivecreditor be reimbursedfor the Total DIF Cost DEVELOPERincurstoconstructthePublicImprovementspursuanttotheprocedureset forth in this Section. The Public Improvementsare apportionedas follows:
estimatedSewerCollectionFacilitiesDIF: ProjectSW-143SewerLiftStation/Force 10, 422, 982) and estimated Gravity Line Project SW- 103 ($ 1, 739, 450).

2. WARRANTY RE ABSENCE OF DEFAULTS. DEVELOPER represents and warrantstoCitythat, asoftheEffectiveDateofthisAmendmentNo. 1, Cityisnotin defaultofanymaterialtermoftheAgreement, andthattherehavebeennoevents that, withthe passingof timeor thegivingof notice, or both, wouldconstitutea materialdefaultunderthe Agreementby the City. Likewise, City representsand warrantsto DEVELOPERthat, as of the EffectiveDateof this AmendmentNo. 1, DEVELOPERisnotindefaultofanymaterialtermoftheAgreement, andthatthere havebeennoeventsthat, withthepassingoftimeorthegivingofnotice, orboth, wouldconstitutea materialdefaultundertheAgreementbyDEVELOPER.

3. CONTINUINGEFFECTOFAGREEMENT. ExceptasamendedbythisAmendment No. 1, all provisionsof the Agreementshallremainunchangedand in full force and effect. Fromandafterthe dateof thisAmendment, wheneverthe term "Agreement" appearsin theAgreement, it shallmeantheAgreement, as amendedby thisAmendment to the Agreement.

4. COUNTERPARTS. This AmendmentNo. 1 may be executedin multipleidentical counterparts, each of which shall be deemedan original, but all of which together will constitute one and the same instrument.

5. AUTHORITY. ThepersonsexecutingthisAgreementonbehalfofthepartieshereto warrant that ( i) such party is duly organized and existing, ( ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, ( iii) by so executing thisAgreement, suchpartyisformallyboundto the provisionsof thisAgreement, and (iv) theenteringintothisAgreementdoesnotviolateanyprovisionofanyotherAgreementto whichsaid partyis bound.

SIGNATURES ON FOLLOWING PAGE]
5- 18- 20 Page 2 of 3
57 INWITNESSWHEREOF, CityhascausedthisAmendmentNo. 1tobeexecutedinitsbehalfby its CityManageranddulyattestedby its CityClerk, and DeveloperhasexecutedthisAmendmentNo. 1, as of this day and year first above written.

APPROVED AS TO FORM: APPRO ED AS TO CONTENT:
rI
Fred Galante, City Attorney Nicholas S. LLgSVOri, AICP
Director of Development Services

CHINO DEVELOPMENT
CORPORATION:

Dated: By:

Signature)
Name: 13," as Eo ee,/i ,-;
ease Print or Type Name)

CITY OF CHINO
Dated:

Matt 717%a ty - d Manager
EST:

Angela - s, City-Clerk

Page 3 of 3 ends

5- 18- 20
58 DocuSign Envelope ID: 6CD4E945- 48E1- 4COC- B27A- EC466CBOOEB2 IN WITNESS WHEREOF, City has caused this Amendment No. 1 to be executed in its behalf by its City Manager and duly attested by its City Clerk, and Developer has executed this Amendment No. 1, as of this day and year first above written.

APPROVED AS TO FORM: APPR VED AS TO CONTENT:
r—
Ddr-
ocuuSSSignedby:
420- Lt.;
Fred Galante, Ity° forney Nic olas S.
14D
ori, AICP
Director of D-+ elopment Services

CHINO DEVELOPMENT
CORPORATION:

Dated: By:

Signature)
Name: iei- qh 694,
4: 44/ 7
Please Print or Type Name)

CITY OF CHINO
Dated:

Matt Ballantyne, City Manager
ATTEST:

Angela Robles, City Clerk

Page 3 of 3 ends

5- 18- 20
59 8. 8

MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: JUNE 2, 2020
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR SUBJECT: AMENDMENT TO THE PRESERVE/ PRADO SEWER LIFT STATION

CREDIT/ REIMBURSEMENT AGREEMENT AND ANNUAL RECONCILIATION OF SEWER CREDITS FISCAL YEAR 2019- 20 ( CHINO DEVELOPMENT CORPORATION).

RECOMMENDATION
1) Approve an amendment to the Credit/ Reimbursement Agreement ( Agreement) with Chino Development Corporation ( CDC) for the Preserve/ Prado Sewer Lift Station, Force Main and Gravity Line project to include the actual cost approved by the City Engineer in the amount of 12, 162, 432; 2) authorize Sewer Development Impact Fee Credits in the amount of $ 1, 198, 656 issued to CDC for properties in The Preserve; 3) apply the Sewer Development Impact Fee Credits to the balance owed to CDC per the terms of the Agreement, bringing forward the remaining balance owed to CDC in the amount of $ 8, 044, 374; and 4) authorize the City Manager to execute all necessary documents on behalf of the City.

FISCAL IMPACT
Sewer credits issued to developer off-set a portion of the project costs for the sewer improvements completed in The Preserve per the terms of the Agreement. The credited amount is applied to the balance owed to developer by the City, bringing the remaining balance owed to the developer to $ 8, 044, 374.

Staff will continue to monitor the fund balances in the Citywide and Preserve Sewer DIF programs and will begin making progress payments to the developer ( when funds are available) until the terms of the agreement are fulfilled. Each progress payment will require an appropriation of funds and, therefore, each paymentwill be brought back to the City Council for approval.

Revenue: Expenditure:

Transfer In: Transfer Out:

CONSENT CALENDAR Packet Pg. 130
60 8. 8
COUNCIL MEETING DATE: JUNE 2, 2020
SUBJECT: AMENDMENT TO THE PRESERVE/ PRADO SEWER LIFT STATION

CREDIT/ REIMBURSEMENT AGREEMENT AND ANNUAL RECONCILIATION OF SEWER CREDITS FISCAL YEAR 2019- 20 ( CHINO DEVELOPMENT CORPORATION) PAGE 3
Updated DIF Estimates Citywide Allocation Preserve Allocation SW- 143 Lift Station& Force Main 10, 941, 000. 00 $ 2, 188, 200. 00 $ 8, 752, 800. 00 SW- 103 Pine Ave to Lift Station( Reach 3) $ 1, 637, 856. 00 $ 1, 637, 856. 00 Nexus Report Cost Estimate $ 12, 578, 856. 00 $ 2, 188, 200. 00 $ 10, 390, 656. 00 Validated Costs $ 12, 162, 432. 00 $ 2, 432, 486. 40 $ 9, 729, 945. 60 FY2019) Payment No. 1 $ 1, 699, 200. 00) $ 1, 674, 200. 00) $ 25, 000. 00) FY2019) Audited Credits- 1, 575 Units $ 1, 220, 202. 00) $ 1, 220, 202. 00) Balance Forward Subtotal $ 9, 243, 030. 00 $ 758, 286. 40 $ 8, 484, 743. 60 Balance Forward $ 9, 243, 030. 00 $ 758, 286. 40 $ 8, 484, 743. 60 FY2020) No Cash Payment $
FY2020) Audited Credits- 1, 941 Units $ 1, 198, 656. 00) $ 1, 198, 656. 00) Balance Forward Subtotal $ 8, 044, 374. 00 '$ 758, 286. 40 $ 7,286, 087. 60 Therefore, it is Staff' s recommendation that the City Council approve an amendment to the existing agreement to include the actual costs for the Project for a not to exceed amount of 12, 162, 432; authorize the credits issued to the Developer in the Preserve and approve the new balance owed to the Developer in the amount of$ 8, 044, 374.

Attachments:

Exhibit A- Original Credit and Reimbursement Agreement No. 2019- 220 Exhibit B - Credit Reconciliation
Exhibit C - Amendment No. 1
CONSENT CALENDAR Packet Pg. 132
61 8. 8
COUNCILMEETINGDATE: JUNE2, 2020
SUBJECT: AMENDMENTTOTHEPRESERVE/PRADOSEWERLIFTSTATION

CREDIT/REIMBURSEMENTAGREEMENTANDANNUALRECONCILIATIONOFSEWER CREDITSFISCALYEAR2019-20 (CHINODEVELOPMENTCORPORATION)
PAGE 2

BACKGROUND
ThePreserveSpecificPlan's sewersystemforportionsofthePreservenorthofPineAvenue wasoriginallydesignedtodivertsewagetotheInlandEmpireUtilitiesAgency'sRegionalPlant2 locatedon El PradoRoadnorthof PineAvenue. However, RegionalPlant2 willbede- commissioned. Duetotopographychallengesandtheinabilitytoprovideagravity-basedsewer system, analternatedesignwasproposedforthePreserve/PradoSewerLiftStation, Force MainandGravityLineproject (Project)topermanentlymeetthesewerdemandsofthePreserve at build- out.

ChinoDevelopmentCorporation (Developer) constructedtheProjectasaconditionofapproval foritsresidentialdevelopmentsinthePreserve. TheProjecthasbeensatisfactorilyconstructed to meetCityspecificationsandwasformallyacceptedascompletebytheCityCouncilon January 15, 2019.

Additionally, thisProjectisa master-plannedfacilityandisincludedintheCity's Development ImpactFee (DIF) program. ThisProjectis eligibleforDIFcreditandreimbursementperthe ChinoMunicipalCode, Chapters3.40 and 3.45 and per the termsof the DIF Creditand ReimbursementAgreement No. 2019-220 (ExhibitA).

ISSUES/ ANALYSIS
AftertheProject's finalacceptance, theCityCouncilapprovedanupdatetotheDIFNexusand CalculationReportthat becameeffectivein October2019. The updatedReport includesa revisedcostestimatefortheSewerLiftStation/ForceMainProject (SW-143) andGravityLine SW-103)fora nottoexceedamountof$12,578,856. ThisamountwasagreeduponbytheCity and the Developerduring the course of construction.

The City Engineer reviewed the final accepted/ approved " as- built" plans, specifications and supporting documentation and determined that $ 12, 162, 432 is eligible for DIF credit and reimbursement. The remaining Project balance of $ 416, 424 will be used to off- set costs associatedwith the future expansionof this Project for the purchaseand installationof additionalpumps to increasethe capacityas developmentwithin the Preservecontinues.

Therefore, an amendmentto the existingDIFCreditandReimbursementAgreementis required to updatethe "estimatedcosts" to the "actualcosts" approvedbytheCityEngineerthatshallnot exceed $ 12, 162, 432.

The Developer received Sewer DIF credits in the Preserve for multiple development projects totaling $ 1,198,656. These credits were deductedfrom the amount owed to the Developer per thetermsof theAgreement, bringingforwarda newbalanceof $8,044,374, whichis outlinedin Exhibit B attached and itemized below.

CONSENT CALENDAR Packet Pg. 131
62 Updated DIF Estimates Citywide Allocation Preserve Allocation SW-143 Lift Station & Force Main 10,941,000.00$ 2,188,200.00$ 8,752,800.00$ SW-103 Pine Ave to Lift Station 1,637,856.00$ -$ 1,637,856.00$ Nexus Report Cost Estimate 12,578,856.00$ 2,188,200.00$ 10,390,656.00$ Citywide DIF The Preserve DIF
Validated Costs 12,162,432.00$ 2,432,486.40$ 9,729,945.60$ (FY 2019) Payment No. 1 (1,699,200.00)$ (1,674,200.00)$ (25,000.00)$ (FY 2019) Audited Credits -1,575 Units (1,220,202.00)$ -$ (1,220,202.00)$ Balance Forward Subtotal 9,243,030.00$ 758,286.40$ 8,484,743.60$ Balance Forward 9,243,030.00$ 758,286.40$ 8,484,743.60$ (FY 2020) No Cash Payment -$ -$ -$ (FY 2020) Audited Credits - 1,941 Units (1,198,656.00)$ -$ (1,198,656.00)$ Balance Forward Subtotal 8,044,374.00$ 758,286.40$ 7,286,087.60$ Balance Forward 8,044,374.00$ 758,286.40$ 7,286,087.60$ (FY 2021) Cash Payment No. 2 (958,286.40)$ (758,286.40)$ (200,000.00)$ (FY 2021) Audited Credits - 512 Units/Commercial (575,776.16)$ -$ (575,776.16)$ Balance Forward Subtotal 6,510,311.44$ (0.00)$ 6,510,311.44$ Balance Forward 6,510,311.44$ (0.00)$ 6,510,311.44$ (FY 2022) Cash Payment No. 3 (400,000.00)$ -$ (400,000.00)$ (FY 2022) Audited Credits - 645 Units/Commercial (890,424.00)$ -$ (890,424.00)$ Balance Forward Subtotal 5,219,887.44$ (0.00)$ 5,219,887.44$ Balance Forward 5,219,887.44$ (0.00)$ 5,219,887.44$ (FY 2023) Cash Payment No. 4 (500,000.00)$ -$ (500,000.00)$ Sewer Credits Adjustment Previous Years 377 Units (563,016.44)$ Balance Forward Subtotal 4,156,871.00$ (0.00)$ 4,719,887.44$ Exhibit B
Credit/Reimbursement Reconciliation
63 Project Builder Tract Total Units Total BPs Issued Sewer Collection Facilities Credits
Affordable Apartments Western National 17571 250 250 (162,750.00)$ Agave Centex 17515 104 104 (73,632.00)$
Amelia (stark) Cal Atlantic 17574 110 110 (93,280.00)$
Ariatta KB 17612 42 42 (36,708.00)$
Candlewood Pardee 17266 64 64 (58,854.00)$
Cantata KB 17611 21 21 (18,354.00)$
Canterburry Grove I Centex 16522 48 48 (39,955.00)$
Canterburry Grove II Centex 17610 48 48 (42,612.00)$
Citrus Commons Centex 17514 118 118 (70,682.00)$
Laurel Lane William Lyon 18890 70 70 (68,880.00)$
Enchanted Forest Shea 17150 55 55 (47,996.00)$
Evergreen KB 17357 58 58 (42,964.00)$
Garden Glen I Lennar 16520 51 51 (41,463.00)$
Garden Glen II Lennar 17613 51 51 (45,084.00)$
Olive Grove Lennar 19946 30 30 (25,440.00)$
Pineberry Richmond American 18479 68 68 (94,611.00)$
Pineberry Richmond American 19953 10 10 (14,460.00)$
Harvest Lot 11 - Vineyard Richmond American 19935 73 73 (102,372.00)$ Harvest Lot 2 - Heirloom Richmond American 19947 42 42 (35,616.00)$ Harvest Lot 3 - Olive Grove Lennar 19948 27 27 (22,896.00)$ Harvest Lot 4 - Sunrise Harvest Woodside Homes 19936 56 56 (55,104.00)$ Harvest Lot 5 - Autumn Field Lennar 19949 82 82 (69,536.00)$ Harvest Lot 6 - Heirloom Richmond American 19950 62 62 (61,008.00)$ Harvest Lot 8 - Olive Grove II Lennar 19952 57 57 (72,333.00)$ Harvest Lots 7 & 9 - Summerfield Lennar 19951 93 93 (118,017.00)$ Hidden Hollow Standard Pacific 17148 81 81 (74,131.00)$ Homecoming- Ph 1 LMC 16420-1 152 152 (70,680.00)$
Homecoming- Ph 2 LMC 16420-1 189 189 (87,885.00)$
Homecoming- Ph 3 LMC 16420-1 458 458 (232,206.00)$
Homecoming- Ph 4 LMC 19980 454 454 (237,442.00)$
Iris Shea 16523 61 61 (50,737.00)$
Lot 11 - Morning Sun Lennar 20231 106 106 (116,918.00)$ Lot 11 - Verbena William Lyon 20232 70 70 (77,210.00)$
Lot 14/15 - Hazel TriPointe 20102 133 133 (138,194.00)$ Lot 14/15 - Ivy TriPointe 20102-1 134 134 (142,132.00)$ Lynbrook KB 18693 114 114 (95,970.00)$
Mulberry - Casita Brookfield 17390 63 63 (46,340.00)$
Mulberry - Cottage Brookfield 17390 63 63 (46,557.00)$
PA-2/8/9 Bungalow - Delia TriPointe 20171 123 123 (135,669.00)$ PA-3 Liberty - Gardenside Richmond American 20170 80 80 (115,680.00)$ PA-4 - Monarch Pulte 20172 76 76 (109,896.00)$
PA-5 Liberty - Gardenside Richmond American 20270 36 36 (52,056.00)$ Palisades Woodside Homes 17635 79 79 (75,287.00)$
Parklin PA2&3 Richmond American 20168 68 65 (93,990.00)$ Secret Garden John Laing 16519 84 84 (69,876.00)$
Shady Lane Standard Pacific 17149 60 60 (53,927.00)$
Sonata K. Hov. 18778 65 65 (61,945.00)$
Ten Bloom Rd K. Hov. 16521 69 69 (57,417.00)$
Tetherwind Shea 17616 162 162 (119,718.00)$
Greenway at The Preserve Century Communities 20165 79 79 (114,234.00)$ Driftstone (Block 4) KB 20166 69 69 (99,774.00)$
Voyage PA1 Lennar 20167 60 59 (85,314.00)$
Zinnia Beazer 20173 149 5 (13,965.00)$
Homecoming Ph 5 - T. Homes/Dup LOC 20236 184 184 (202,952.00)$ Block 4 (TBD) LOC 20248 56 44 (160,952.00)$
Block 4 (TBD) LOC 20249 56 36 (131,688.00)$
5323 5143 (4,685,349.00)$
(2,211.44)$
Commercial-New Bldg. Car Wash (4,502.08)$
Commerical-7/11 & Gas (2,754.40)$
Commercial-Jiffy Lube (3,573.68)$
(67,857.00)$
Subtotal Previous Years (80,898.60)$
(46,109.00)$
(127,007.60)$
(4,812,356.60)$
(3,885,058.16)$
(927,298.44)$
(563,016.44)$
(364,282.00)$
*Note, these credits will be applied to the sewer agreement for s/o Pine developments.

Total Residential
Total Commercial
Previous Credits Issued 4,673 Units & Commercial
*FY 2023 Total Credits Issued s/o Pine Avenue 93 Units & Commercial Sewer Collection Facilities- DIF Credits Used as of July 29, 2023 Recreation Center
Misc. Town Center
FY 2023 Stater Bros.

Total Credits Issued to Date
Sewer Credit Adjustment Previous Years 377 Units
FY 2023 Credit True-Up Amount
FY 2023 Credit Reconciliation Breakdown
64 MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 19, 2023

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

SUBJECT
..titl e
Adopt Resolution 2023 -055 conditionally approving a Covenant Agreement to Annex for Sanitary Sewer Service, approve a deviation from the City of Chino’s existing policy for sewer connection in exchange for sewer infrastructure that is above and beyond what is normally required as part of the development project within the Sphere of Influence, and request approval from the San Bernardino Local Agency Formation Commission for sanitary sewer service for the Sri Sairam Mandir Temple Project located at 12594 Roswell Avenue. ..end

RECOMMENDATION
1) Adopt Resolution 2023 -055 conditionally approving a Covenant Agreement to Annex for Sanitary Sewer Service, approve a deviation from the City of Chino’s existing policy for sewer connection in exchange for sewer infrastructure that is above and beyond what is normally required as part of the development project within the Sphere of Influence, and request approval from the San Bernardino Local Agency Formation Commission for sanitary sewer service for the Sri Sairam Mandir Temple Project located at 12594 Roswell Avenue; and 2) 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 City’s Sewer Service Charge, the Sewer Facilities Development Fee (a pass -through fee to the Inland Empire Utilities Agency), and Sewer Development Impact Fees as applicable.

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

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. 65 CITY COUNCIL MEETING DATE: SEPTEMBER 19, 2023
TITLE: COVENANT AGREEMENT TO ANNEX FOR SANITARY SEWER.

PAGE: 2

BACKGROUND
The Sri Sairam Mandir Temple Project (“Project”) located at 12594 Roswell Avenue in the City’s Sphere of Influence (“SOI”) was approved by the County of San Bernardino (“County”) on December 29, 2020. The project consists of the construction of a two -story, 32,400 square-foot place of worship, with a 4,000 square-foot care takers unit on a 4.93-acre lot.

The Project is in the City’s RD2 (Residential, 2 units/acre) land use designation per the City’s General Plan. The RD2 land use designation is intended for a semi -rural, large-lot residential development, allowing one to two dwelling units per acre. The RD2 zone does allow for places of worship. City staff had the opportunity to review the preliminary plans during the County entitlement process and thus, provided comments back to the County regarding inconsistencies with the City’s development standards as it pertains to architectural elements, the size of the caretakers’ quarter, setbacks, etc. At the time of the County review, it was the City’s understanding that the Project would be served by an on-site septic system and would not need to connect to the City’s sanitary sewer system.

In 2022, the applicant reached out to staff to request sanitary sewer service from the City. The applicant confirmed that the on -site septic system approved as part of the County entitlement process was no longer considered a viable long -term solution due to the septic system being under-capacity per the minimum size permitted and recommended by the County for the Project. Consequently, the applicant considered a redesign to include a larger septic system and to address the inconsistencies with the City’s development standards in good faith.

Unfortunately, the redesign is not an option due to the significant changes required and the costs associated being prohibitive.

Staff evaluated the sewer facilities in the Project area and determined that an additional sewer line is needed. The applicant is aware that it is up to the City Council to authorize a deviation from the City’s existing sewer service poli cy in exchange for sewer infrastructure that is above and beyond what is normally required as part of development of the Project. Staff determined that for the City to deviate from its sewer service policy and serve this Project, the applicant would be required to design and construct 750 linear feet of 8” sewer main on Placentia Road to connect to the City’s existing sewer main in East End Avenue. This is a substantial financial investment of approximately $250,000, which is more than what would normally be required for the Project. The added sewer line would provide the ability of the homes that currently exist on Placentia Road to connect to the new line at any point in time, which is a great benefit to the residents. Additionally, the applicant would be required to submit a sewer study to the City to determine if downstream facilities are adequate to handle the additional flows generated from the subject property and, the tributary properties that will connect to the sewer line in Placentia Road in the future.

As noted, the Project has inconsistencies with the City’s development standards, which would typically be the City’s justification to deny sewer connection. Despite that, the City has made exceptions in the past when there is an opportunity to have a developer provide sewer infrastructure that is above and beyond what is normally required as part of the development project. In this case, the proposed sewer in Placentia Road will serve the entire tract, which includes eight (8) single -family residences that are currently on septic. For staff to process the subject sewer connection would require the City Council to approve a deviation from the City’s current sewer service policy in exchange for allowing sewer service for this Project.

ISSUES/ANALYSIS
66 CITY COUNCIL MEETING DATE: SEPTEMBER 19, 2023
TITLE: COVENANT AGREEMENT TO ANNEX FOR SANITARY SEWER.

PAGE: 3

The subject property is adjacent to the City boundary; however, annexation of the property into the City has been determined to be impractical at this time. The Local Agency Formation Commission (LAFCO) for San Bernardino County would most likely requi re a larger area beyond the property to be annexed 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 for sewer service.

With the adoption of Resolution No. 2023 -055, the City Manager will be authorized to execute the LAFCO Application for Extension of Service by Contract (attached to the Resolution a s Exhibit A), submit the Application to LAFCO, and allow sewer service for the Project in exchange for the design and construction of additional sewer infrastructure along Placentia Road. In addition, the approval of the Irrevocable Agreement to Annex is c ontingent 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 e xecute 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 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 -055, conditionally approving the Covenant Agreement to Annex for Sanitary Sewer Service, request approval from LAFCO, and allow sewer service for the Project in exchange for the design and construction of additional sewer infrastructure along Placentia Road.

Attachment: Resolution 2023-055

67 RESOLUTION NO. 2023-055

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

CALIFORNIA, ALLOWING SANITARY SEWER SERVICE,

CONDITIONALLY APPROVING A COVENANT AGREEMENT TO ANNEX

AND FOR SANITARY SEWER SERVICE, AND REQUEST APPROVAL

FROM LAFCO FOR THE SRI SAIRAM MANDIR TEMPLE PROJECT
LOCATED IN THE CITY’S SPHERE OF INFLUENCE AT 12594 ROSWELL AVENUE (ASSESSOR PARCEL NUMBER 1016-331-05 & 06)
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 12594 Roswell Avenue, Chino, CA 91710 (APN 1016-331-05 & 06) (“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 accor dance 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 proposed Sri Sairam Mandir Temple Project is not in conformance with the City’s General Plan and current development standards as applicable to the property at 12594 Roswell Avenue; and

WHEREAS, the proposed Sri Sairam Mandir Temple Project was approved by the Planning Commission of the County of San Bernardino, and conditioned by the County to provide an on-site sanitary sewer system; and

WHEREAS, the use of on-site septic tanks has been shown to impair the water quality of the Chino Groundwater Basin, and is not a desirable long-term solution; and

WHEREAS, the City of Chino has been allowing individual properties within the Sphere of Influence (SOI) to connect to the City’s sewer system to reduce the number of septic systems in the area; and

WHEREAS, the City Council will allow sewer service for the proposed Sri Sairam Mandir Temple Project located at 12594 Roswell Avenue, and authorize deviation from current policy requiring conformance with the City’s General Plan and current development standards in exchange 68 RESOLUTION NO. 2023-055

Page 2 of 3 ends

01225.0005/701923.2 BWB

for providing additional sewer infrastructure beyond the normal development requirements, along Placentia Road.

NOW, THEREFORE, BE IT RESOLVED, that the City of Chino does hereby determine, find, resolve, and order as follows:

SECTION 1. The City allows the proposed Sri Sairam Mandir Temple Project to connect to the City’s sanitary sewer system, subject to the applicant entering into the Covenant Agreement to Annex for Sanitary Sewer Connection provided with this Resolution , authorizes deviation from current policy requiring conformance with the City’s General Plan and current development standards in exchange for constructing the additional sewer infrastructure beyond the normal development requirements, along Placentia Road in accordance with the following criteria and as outlined in the attached Covenant Agreement to Annex for Sanitary Sewer Connection , which infrastructure improvements shall be further described in a public improvement agreement to be entered into between City and applicant as a condition to plan check approval by the City of the connection to the sanitary sewer system:

1. Provide 7 50 linear feet of additional 8 -inch sanitary sewer line infrastructure within Placentia Road.

SECTION 2. This resolution shall not suspend or supersede Resoluti on No. 2022-041 for any other project.

SECTION 3. 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 4. The Covenant Agreement to Annex and For Sanitary Sewer Connection (“Agreement”) (attached to Exhibit A as attachment 2) 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 services to the Property pursuant to Government Code Section 56133 (“Reimbursement”). T he 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 and following Reimbursement by the applicant. If the City’s request to extend services to the Propert y is not approved by LAFCO or if applicant does not submit a full Reimbursement to the City, the Agreement shall not be executed by the City.

APPROVED AND ADOPTED THIS 19TH DAY OF SEPTEMBER 2023.

EUNICE M. ULLOA, MAYOR

ATTEST:

69 RESOLUTION NO. 2023-055

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01225.0005/701923.2 BWB

NATALIE GONZAGA, CITY CLERK

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 forgoing Resolution was duly adopted by the City Council at a regular meeting held on the 19th day of September 2023, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

NATALIE GONZAGA, CITY CLERK

Attachment: Exhibit A – LAFCO Application
70

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RECORDING REQUESTED BY AND WHEN
RECORDED MAIL TO:

City of Chino
City Clerk
P.O. Box 667
Chino, CA 91708

Exempt from recording fees according to
Government Code Section No. 27383
SPACE ABOVE THIS LINE FOR RECORDER’S USE

COVENANT AGREEMENT TO ANNEX

AND FOR SANITARY SEWER CONNECTION

This Covenant Agreement (“Agreement”) is made this ____ day of ____ __________, 2023, by and between the City of Chino, a municipal corporation , hereinafter referred to as “City”, and Surya M. Reddy and Arunasri M. Reddy, hereinafter referred to as “Owner.”

RECITALS

A. Owner owns that certain real property located at 12594 Roswell Avenue, Chino, CA (APN 1016-331-05 & 06) in the County of San Bernardino, State of California, and more particularly described in Exhibit “A” attached hereto (“Property”).

B. The Property is outside of City’s territorial boundaries but within City’s Sphere of Influence.

C. Owner has requested permission to conne ct the Property, and existing and/or proposed improvements on the Property, to the City’s sanitary sewer system (“Sewer”).

D. City is willing to allow Owner to connect the Property to the Sewer on the condition that Owner (i) enter into an irrevocable agreement to annex the Property to the City at such time as the City d etermines a sufficient number of parcels are assembled for annexation and the number of parcels or area qualifies for annexation in accordance with the Local Agency Formation Commission ( LAFCO) policy pertaining to such annexations , and (ii) that Owner constructs those certain Sewer main improvements on Placentia Road sh own in Exhibit “B” attached hereto (“Sewer Main Improvements”) based on a Public Improvement Agreement to be entered into between the City and Owner as a condition to plan check approval for the Sewer connection.

E. As required by Government Code Section 56133 , the City has requested and received approval from the Local Agency Formation Commission (LAFCO) of San Bernardino County (“LAFCO”) to provide Sewer services to the Property.

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AGREEMENT
NOW, THEREFORE, the Parties agree as follows:

1. Incorporation of Recitals . The foregoing r ecitals are incorporated herein by reference.

2. Effective Date; Duration. This Agreement shall be effective (“Effective Date”) on the date it is recorded in the Of ficial Records of San Bernardino County (“Official Records”) and shall continue in full force and effect until terminated in accordance with Section 7 below.

Owner shall execute and ack nowledge this Agreement and deliver it to City for execution after which City shall have it recorded in the Official Records and send a recorded copy to Owner.

3. Owner’s Representations and Warranties . Owner represents and wa rrants to the City that, as of t he Effective Date, Owner is the fee owner of the Property , that there a re no other owners of the Property other than those listed in t his Agreement, and that Owner has authority to execute this Agreement which shall be binding on the Property.

4. Covenants, Restrictions and Obligations. Owner covenants and agrees as follows:
(a) Annexation.
(i) At such time as the City decides to seek annexation of the Property to the City (“Annexation”), in the City’s sole discretion, Owner shall consent to the Annexation, shall fully coop erate with and provide all necessary assis tance to the Ci ty during the Annexation process, and shall take a ll actions required to effectuate the Annexation. Owner waives all rights to protest or otherwise oppose the Annexation of the Property to the City of Chino. S pecifically, Owner shall not present any writ ten o r or al protest of or obj ection to Annexation to LAFCO and shall not ob ject (either orally or in writing) to any proposal by LAFCO to waive protest proceedings concerning the Annexation, whether at a public hearing or otherwise.
(ii) Additionally, Owner shall pay all fees and costs, at the t ime tha t they become due an d payable, as would ordina rily be charged to an Owner whose p roperty is being considered for annexation or is annexed to the City, if any. (iii) Additionally, as a condition to plan check approval by the City for the connection of the Sewer, owner shall enter into a Public Improvement Agreement with the City committing to perform the Sewer Main Improvements shown in Exhibit B and as shall be further described in the Public Improvement Agreement within the timeline to be set forth therein, providing applicable bonds for such Sewer main Improvements, complying with the public works procedures and standards imposed by City pursuant to such agreement an d all other relevant provisions therein. Owner acknowledges that it has been provided with a copy of the City’s standard Public Improvement Agreement and agrees to the use of such form and terms.
(b) Sewer Connection. Owner shall (i) pay all fees, charges, and deposits required by the City for connection to and use of the Sewer including but not limited to fees for Sewer Maintenance and IEUA Sewage Treatment ; (ii) shall complete all improvements 72

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required to extend the Sewer to the Property, in accordance with City standards (as determined by the City Engineer), at Owner’s sole expense; and (iii) shall comply with all City codes and standards regarding use of the Sewer, in cluding but not limited to, discharge regulations. At such time Owner completes the Sewer Main Improvements, owner shall have nor fu rther liability or obligation with respect to the Sewer Main Improvements except as otherwise provided in this Section 4(b).

5. Extension of Se wer Servic es. City agrees to allow the Property to connect t o the Sewer, subject to Owner’s compliance with t he terms of this Agreement and subject to any conditions imposed by LAFCO in its approval of City ’s request to extend Sewer services to the Property, if any, which are incorporated herein.

6. Runs with the Lan d. This Agreement shall run with and burden the Prope rty and all future owners, tenants, and occupants of the Property, and shall run in favor of the City in gross as a covenant and equitable servitude and shall benefit all real property o wned by the City from time to time.

7. Release of Cove nant. Provided Owner i s not in default of t his Agreement, Owner may request that this Agreement be released by sending written notic e to City requesting the release after the Property has been an nexed to the City of Chi no. Upon confirma tion of compliance with the foregoing to the reasonable satisfa ction of the City, City shall execute a release in a form approved by the City Attorney , which shall be executed and acknowledged by the City and recorded in th e Official Records. The release may be e xecuted by the City Manager.

8. Violations; Remedies.
(a) Breach of Annexation Covenant.
(i) Owner’s breach of Sectio n 4 (a)(i) of th is Agreement wi ll ca use substantial injury to the City, including but not limited t o delaying and poten tially preventing City’s ability to annex the Property and other properties to the City, which is the City’s primary aim and intent in entering into this Agreement. Since the determination of actual dama ges caused by a breach of Section 4(a )(i) would be di fficult or imp ractical to determine, City and Owner agree that if Owner breaches Section 4(a)(i) either by making a protest or objection as described in Section 4( a)(i) or refusing to take any actions requ ired to effectuate the Annexation, Owner shall be l iable for and shal l pay to the City the sum of Ten Tho usand Dollars ($10,000), and shall also reimburse the City for all costs (including l egal fees) incurred by the City as a result of Owner’s breach, all of which shall be due upon demand by the City, and shall be due whether or not Owner ’s breach pre vents Annexation. City may also seek any other remedy for such breach available under law. (ii) If Owner refuses or fails to timely make any payment described in Section 4(a)(ii), Owner authorizes City to ma ke such payment on Owner’s behalf and Owner shall reimburse City for such payment within (30) days of a written demand by the City. (b) Breach of Sewer Regulations. If the City believes Owner has violated Section 4(c) of this Agreement, City ma y provide writte n no tice of breach and demand that O wner remedy the breach within thirty (30) days of receipt of the notice . If Owner fails to remedy the breach in the specified time period and provide proof thereof to the reasonable satisfaction of 73

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01225.0006/699634.4 BWB
the City, Owner shall be liable for and shall pay to the City One Hund red Dollars ($100.00) per day until the breach is cured to the City’s reasonable satisfaction. (c) Rights and Remedies are Cumulativ e. The rights and remedies of the City listed in this Section 8 are cumulative and the exercise by City of one or more of such rights or remedies shall not preclude the exercis e by it, at the same or different times, of any other rights or remedies for the same default or any other default by Owner. (d) Lien. If any amount due to the City under this Section 8 is not paid within thirty (30) days of a written demand by the City, City shall have the right to record a lien against the Property for such amount.

9. Amendment or Modification . This Agree ment may not be amended or modified except (i) in writing executed by the then current owner(s) of the Property and the City, and (ii) recorded in the Official Records.

10. Notices. Any notice to be given under this Agre ement shall be given by personal delivery or by depositing the sam e in the United States Mail, certified or registered , postage prepaid, at the following addresses:

City: City of Chino
13220 Central Avenue
Chino, CA 91710
Attn: Director of Development Services

With Copy to: City of Chino
13220 Central Avenue
Chino, CA 91710
Attn: City Attorney

Owner: Surya M. Reddy and Arunasri M. Reddy
3579 East Foothill Boulevard, #714
Pasadena, CA 91107
Any notice delivered personally shall be effective upon delivery. Any notice giv en by mail as above pr ovided shall be effect ive forty-eight (48) ho urs after deposi t in the mail. Any pa rty may change address for notice by giving written notice of such change to the other party.

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(c) Attorney's Fees. In the event of any litigation or other legal proceeding arising from this Agreement, the prevailing party will be entitled to recover, in addition to any other relief awarded or grant ed, its re asonable costs and e xpenses, including attorney's fees, incurred in the proceeding.
(d) Final Agreement . This Agreement contains the entire understandi ng and agreement with respect to the subject matter of thi s Agreement and all prior or contemporaneous do cuments, communications, understandings, representations, and statements shall be of no force or effect.
(e) Construction. This Agreement shall be construed according to its fair meaning as if prepared by all parties to this Agreement. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent. (f) No Waiver . The failure t o enforce any term, cov enant, or condit ion of this Agreement shall not be construed as a waiver of the right to enforc e this, or any other, term, covenant, or condition of this Agreement.
(g) Counterparts. This Agreement may be executed in any number of counterparts each of whic h shall be an or iginal but all of whi ch sh all con stitute o ne and the same document.

[Signatures on Following Page]

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IN WITN ESS WHEREOF, the parties here to have caused this agreement to be executed by their respective officials thereunto duly authorized.

CITY:

CITY OF CHINO, a municipal corporation

Linda Reich, City Manager

ATTEST:

Natlie Gonzaga, City Clerk

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

ALESHIRE & WYNDER, LLP

Fred Galante, City Attorney Warren Morelion, AICP
Interim Director of Development Services
Department

OWNERS:

By:

Name: Surya M. Reddy

By:

Name: Arunasri M. Reddy

[OWNERS’ SIGNATURES SHALL BE NOTARIZED]
76

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EXHIBIT A

PROPERTY DESCRIPTION

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

THAT PORTION OF LOT 35, SECTION 4, TOWNSHIP 2 SOUTH, RANGE 8 WEST, SAN

BERNARDINO MERI DIAN, ACCOR DING TO MAP OF S UBDIVISION OF PART OF RANCHO

SANTA ANA DEL CHINO, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER M AP RECORDED IN BOOK 6, PAGE 15 OF MAPS, IN THE OFFICE OF THE COUNTY

RECORDER OF SAID COUNTY, LYING SOUTHWESTERLY OF THE CENTERLINE OF THE RIGHT OF WAY OF THE POMONA AND ELSINORE RAILROAD.

EXCEPTING THEREFROM THAT PORTION DEEDED TO THE STATE OF CALIFORNIA DESCRIBED AS FOLLOWS:

COMMENCING AT A POINT IN THE EAST LINE OF EAST END AVENUE, 66 FEET WIDE, ADJOINING LOT 36 OF SAID SECTION 4 ON THE W EST, DISTANT ALONG SAID EAST LINE SOUTH 0° 32’ 13” EAST 383.34 FEET FROM THE SOUTH LINE OF WALNUT AVENUE, 66 WIDE, ADJOINING SAID LOTS 35 AN D 36 ON THE NORTH; THENCE 36° 6’ 37” EAST 43.54 FEET TO A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 5,033 FEET; THENCE EASTERLY ALONG SAID CURVE FROM A TANGENT BEARING NORTH 73° 45’ 5” EAST, THROUGH AN ANGLE OF 7° 13’ 5” AN ARC DISTANCE OF 634.05 FEET TO THE TRUE POINT OF BEGINNING; THENCE TANGENT TO SAID CURVE, NORTH 66° 32’ 00” EAST 112.2 FEET, MORE OR LESS, TO SAID CENTERLINE OF RAILROAD RIGHT OF WAY.

ALSO EXCEPTING THEREFROM AN UNDIVIDED ONE -HALF INTEREST IN AND TO THE WELL AND PUMPING PLANT LOCAT ED ON THE WEST 8 FEET OF THE EAST 170.48 FEET OF THE SOUTH 39.5 FEET OF THE NORTH 499.92 FEET THEREOF.

NOTE: NOTWITHSTANDING ANYTHING TO THE CONTRARY, NO INSURANCE WILL BE MADE AS TO THE TITLE OF ANY PERSONAL PROPERTY.
77 01225.0006/699634.4 BWB

EXHIBIT B

SEWER MAIN IMPORVEMENTS

78 ____________________
(FOR LAFCO USE ONLY)

SAN BERNARDINO LAFCO

APPLICATION FOR

EXTENSION OF SERVICE BY CONTRACT
(A certified copy of the City Council/District Board of Directors resolution or a letter from the City Manager/General Manager requesting approval for an out-of-agency service agreement must be submitted together with this application form.)
AGENCY TO EXTEND SERVICE:

AGENCY NAME: _________________________________________ CONTACT PERSON: _________________________________________ ADDRESS: _________________________________________ _________________________________________
PHONE: _________________________________________
EMAIL: _________________________________________
CONTRACTING PARTY:

NAME OF
PROPERTY OWNER: _________________________________________ CONTACT PERSON: _________________________________________ MAILING ADDRESS: _________________________________________ _________________________________________
PHONE: _________________________________________
EMAIL: _________________________________________

ADDRESS OF PROPERTY
PROPOSED FOR CONTRACT: _________________________________________ _________________________________________
CONTRACT NUMBER/IDENTIFICATION: _________________________________________ PARCEL NUMBER(S): _________________________________________ ACREAGE: _________________________________________
City of Chino
Jesus Plasencia
13220 Central Avenue
Chino, CA 91710
(909) 334-3417
[email protected]
Chino, CA 91710
See attached Exhibit A - Legal Description

4.93-acre lot
1016-331-05
Surya M. Reddy & Arunasri M. Reddy
Arunasri M. Reddy
3579 E. Foothill Blvd., #714
Pasadena, CA 91107
(951) 544-5832
[email protected]
12594 Roswell Avenue
79 Extension of Service by Contract ____________________ Application Form (FOR LAFCO USE ONLY)T
he following questions are designed to obtain information related to the proposed agreement/contract to allow the Commission and staff to adequately assess the proposed service extension. You may include any additional information which you believe is pertinent.

Please use additional sheets where necessary.

1. (a) List the type or types of service(s) to be provided by this agreement/contract. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ (b) Are any of the services identified above "new" services to be offered by the agency? YES NO. If yes, please provide explanation on how the agency is able to provide the service.
________________________________________________________________ ________________________________________________________________ ________________________________________________________________

2. Is the property to be served within the agency's sphere of influence? YES NO

3. Please provide a description of the service agreement/contract. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

4. (a) Is annexation of the territory by your agency anticipated at some point in the future? YES NO. If yes, please provide a projected timeframe when it anticipates filing an application for annexation of territory that would include the area to be served. If no, please provide an explanation as to why a jurisdictional change is not possible at this time.
________________________________________________________________ ________________________________________________________________ ________________________________________________________________ Sewer service to a 32,400 square-foot place of worship ("Temple") andA nnexationR
efer to the Covenant Agreement to Annex for Sanitary Sewer Connection. will not occur until a logical block of properties, such as a tract or whole block is ready to annex to the City.a
4,000 square-foot care takers unit on a 4.93-acre lot.

The developer will construct 750 linear feet of 8” sewer main on Placentia Rd. to connect to the City’s existing sewer main on East End Avenue.(a ttached as Exhibit B)
80 Extension of Service by Contract ____________________ Application Form (FOR LAFCO USE ONLY)
(b) Is the property to be served contiguous to the agency's boundary? YES NO. If yes, please provide explanation on why annexation to the agency is not being contemplated.
________________________________________________________________ ________________________________________________________________ ________________________________________________________________

5. Is the service agreement/contract outside the Agency’s sphere of influence in response to a threat to the public health and safety of the existing residents as defined by Government Code Section 56133(c)?
YES NO. If yes, please provide documentation regarding the circumstance (i.e. letter from Environmental Health Services or the Regional Water Quality Control Board). ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

6. (a) What is the existing use of the property?
________________________________________________________________ ________________________________________________________________ (b) Is a change in use proposed for the property ? YES NO. If yes, please provide a description of the land use change.
________________________________________________________________ ________________________________________________________________ 7 . If the service agreement/contract is for development purposes, please provide a complete description of the project to be served and its approval status. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ See response 4(a).

Vacant lot
Zoning - RD2
The owner received approval from the County's Planning Commission in Dec. 2020. (attached as Exhibit C)
81 Extension of Service by Contract ____________________ Application Form (FOR LAFCO USE ONLY)

8. Are there any land use entitlements/permits involved in the agreement/contract? YES NO. If yes, please provide documentation for this entitlement including the conditions of approval and environmental assessment that are being processed together with the project. Please check and attach copies of those documents that apply:

Tentative Tract Map / Parcel Map
Permit (Conditional Use Permit, General Plan Amendment, etc.) Conditions of Approval
Negative Declaration (Initial Study)
Notice of Determination (NOD)/Notice of Exemption (NOE) Department of Fish and Game (DFG) Receipt
Others (please identify below)
________________________________________________________________ ________________________________________________________________

9. Has the agency proposing to extend service conducted any CEQA review for this contract? YES NO. If yes, please provide a copy of the agency’s environmental assessment including a copy of the filed NOD/NOE and a copy of the DFG Receipt.

10. Plan for Service:
(a) Please provide a detailed description of how services are to be extended to the property. The response should include, but not be limited to, a description of:
1) capacity of existing infrastructure, 2) type of infrastructure to be extended or added to serve the area, 3) location of existing infrastructure in relation to the area to be served, 4) distance of infrastructure to be extended to serve the area, and 5) other permits required to move forward with the service extension. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ _______________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ Permits must be obtained from the City of Chino and the County of San Bernardino.

Refer to 1(b) & Exhibit B - Covenant Agreement (Location Map) 82 Extension of Service by Contract ____________________ Application Form (FOR LAFCO USE ONLY)
________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ (b) Please provide a detailed description of the overall cost to serve the property.

The response should include the costs to provide the service (i.e. fees, connection charges, etc.) and also the costs of all improvements necessary to serve the area (i.e. material/equipment costs, construction/installation costs, etc.).
(c) Please identify any unique costs related to the service agreement such as premium outside City/District rates or additional 3rd-party user fees and charges (i.e. fees/charges attributable to other agencies).
________________________________________________________________ ________________________________________________________________ ________________________________________________________________ SB County permits for both on-site private sewer and road/sidewalk. 83 Extension of Service by Contract ____________________ Application Form (FOR LAFCO USE ONLY)
(d) If financing is to occur, please provide any special financial arrangement between the agency and the property owner, including a discussion of any later repayment or reimbursement (If available, a copy of the agreement for repayment/reimbursement is to be provided).
________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 11 Does the City/District have any policies related to extending service(s) outside its boundary?
YES NO. If yes, has a copy been provided to LAFCO?
YES NO. If not, please include a copy of the policy or policies (i.e. resolution, municipal code section, etc.) as part of the application. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ C

CEERRTTIIFFIICCAATTIIOONN
As a part of this application, the City of Chino, agrees to defend, indemnify, hold harmless, promptly reimburse San Bernardino LAFCO for all reasonable expenses and attorney fees, and release San Bernardino LAFCO, its agents, officers, attorneys, and employees from any claim, action, proceeding brought against any of them, the purpose of which is to attack, set aside, void, or annul the approval of this application or adoption of the environmental document which accompanies it.

This indemnification obligation shall include, but not be limited to, damages, penalties, fines and other costs imposed upon or incurred by San Bernardino LAFCO should San Bernardino LAFCO be named as a party in any litigation or administrative proceeding in connection with this application.

The agency signing this application will be considered the proponent for the proposed action(s) and will receive all related notices and other communications. I understand that if this application is approved, the Commission will impose a condition requiring the applicant to indemnify, hold harmless and reimburse the Commission for all legal actions that might be initiated as a result of that approval.S
ee attached Exhibit D - City Council Resolution No. 2022-041 N/A
84 Extension of Service by Contract ____________________ Application Form (FOR LAFCO USE ONLY)
I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this evaluation of service extension to the best of my ability, and that the facts, statement and information presented herein are true and correct to the best of my knowledge and belief.

SIGNED ________________________________
NAME: _____________________________
POSITION TITLE: _____________________________
DATE: _____________________________
REQUIRED EXHIBITS TO THIS APPLICATION:

1. Copy of the agreement/contract.

2. Map(s) showing the property to be served, existing agency boundary, the location of the existing infrastructure, and the proposed location of the infrastructure to be extended.

3. Certified Plan for Service (if submitted as a separate document) including financing arrangements for service.

Please forward the completed form and related information to:

Local Agency Formation Commission for San Bernardino County 1170 W. Third Street, Unit 150,
San Bernardino, CA 92415-0490
PHONE: (909) 388-0480 ● FAX: (909) 388-0481
Rev: krm – 8/19/2015
Jesus Plasencia
Assistant City Engineer
85 EXHIBIT A

PROPERTY DESCRIPTION

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

THAT PORTION OF LOT 35, SECTION 4, TOWNSHIP 2 SOUTH, RANGE 8 WEST, SAN

BERNARDINO MERIDIAN, ACCORDING TO MAP OF SUBDIVISION OF PART OF RANCHO SANTA

ANA DEL CHINO, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 6, PAGE 15 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF

SAID COUNTY, LYING SOUTHWESTERLY OF THE CENTERLINE OF THE RIGHT OF WAY OF THE POMONA AND ELSINORE RAILROAD.

EXCEPTING THEREFROM THAT PORTION DEEDED TO THE STATE OF CALIFORNIA DESCRIBED AS FOLLOWS:

COMMENCING AT A POINT IN THE EAST LINE OF EAST END AVENUE, 66 FEET WIDE, ADJOINING LOT 36 OF SAID SECTION 4 ON THE WEST, DISTANT ALONG SAID EAST LINE SOUTH 0° 32’ 13” EAST 383.34 FEET FROM THE SOUTH LINE OF WALNUT AVENUE, 66 WIDE, ADJOINING SAID LOTS 35 AND 36 ON THE NORTH; THENCE 36° 6’ 37” EAST 43.54 FEET TO A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 5,033 FEET; THENCE EASTERLY ALONG SAID CURVE FROM A TANGENT BEARING NORTH 73° 45’ 5” EAST, THROUGH AN ANGLE OF 7° 13’ 5” AN ARC DISTANCE OF 634.05 FEET TO THE TRUE POINT OF BEGINNING; THENCE TANGENT TO SAID CURVE, NORTH 66° 32’ 00” EAST 112.2 FEET, MORE OR LESS, TO SAID CENTERLINE OF RAILROAD RIGHT OF WAY.

ALSO EXCEPTING THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN AND TO THE WELL AND PUMPING PLANT LOCATED ON THE WEST 8 FEET OF THE EAST 170.48 FEET OF THE SOUTH 39.5 FEET OF THE NORTH 499.92 FEET THEREOF.

NOTE: NOTWITHSTANDING ANYTHING TO THE CONTRARY, NO INSURANCE WILL BE MADE AS TO THE TITLE OF ANY PERSONAL PROPERTY.
86

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RECORDING REQUESTED BY AND WHEN
RECORDED MAIL TO:

City of Chino
City Clerk
P.O. Box 667
Chino, CA 91708

Exempt from recording fees according to
Government Code Section No. 27383
SPACE ABOVE THIS LINE FOR RECORDER’S USE

COVENANT AGREEMENT TO ANNEX

AND FOR SANITARY SEWER CONNECTION

RECITALS

A. Owner owns that certain real property located at 12594 Roswell Avenue, Chino, CA (APN 1016-331-05) in the County of San Bernardino, State of California, and more particularly described in Exhibit “A” attached hereto (“Property”).

B. The Property is outside of City’s territorial boundaries but within City’s Sphere of Influence.

C. Owner has requested permission to conne ct the Property, and existing and/or proposed improvements on the Property, to the City’s sanitary sewer system (“Sewer”).

D. City is willing to allow Owner to connect the Property to the Sewer on the condition that Owner (i) enter into an irrevocable agreement to annex the Property to the City at such time as the City determ ines a sufficient number of parcels are assembled for annexation and the number of parcels or area qualifies for annexation in accordance with the Local Agency Formation Commission (LAFCO) policy pertaining to such annexations, and (ii) that Owner construc ts those certain Sewer main improvements on Placentia Road sh own in Exhibit “B” attached hereto (“Sewer Main Improvements”) based on a Public Improvement Agreement to be entered into between the City and Owner as a condition to plan check approval for the Sewer connection.

AGREEMENT

Exhibit B
87

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NOW, THEREFORE, the Parties agree as follows:

1. Incorporation of Recitals . The foregoing r ecitals are incorporated herein by reference.

2. Effective Date; Duration. This Agreement shall be effective (“Effective Date”) on the date it is recorded in the Officia l Records of San Bernardino County (“Official Records”) and shall continue in full force and effect until terminated in accordance with Section 7 below.

Owner shall execute and ack nowledge this Agreement and deliver it to City for execution after which Cit y shall have it recorded in the Official Records and send a recorded copy to Owner.

3. Owner’s Representations and Warranties . Owner represents and wa rrants to the City that, as of t he Effective Date, Owner is the fee owner of the Property , that there are no other owners of the Property other than those listed in t his Agreement, and that Owner has authority to execute this Agreement which shall be binding on the Property.

4. Covenants, Restrictions and Obligations. Owner covenants and agrees as follows:
(a) Annexation.
(i) At such time as the City decides to seek annexation of the Property to the City (“Annexation”), in the City’s sole discretion, Owner shall consent to the Annexation, shall fully coop erate with and provide all necessary assis tance to the City du ring the Annexation process, and shall take a ll actions required to effectuate the Annexation. Owner waives all rights to protest or otherwise oppose the Annexation of the Property to the City of Chino. S pecifically, Owner shall not present any written o r or al protest of or obj ection to Annexation to LAFCO and shall not ob ject (either orally or in writing) to any proposal by LAFCO to waive protest proceedings concerning the Annexation, whether at a public hearing or otherwise.
(ii) Additionally, Owner shall pay all fees and costs, at the t ime tha t they become due an d payable, as would ordina rily be charged to an Owner whose p roperty is being considered for annexation or is annexed to the City, if any. (iii) Additionally, as a condition to plan check approval by the City for the connection of the Sewer, owner shall enter into a Public Improvement Agreement with the City committing to perform the Sewer Main Improvements shown in Exhibit B and as shall be further described in the Public Improvement Agreement within the timeline to be set forth therein, providing applicable bonds for such Sewer main Improvements, complying with the public works procedures and standards imposed by City pursuant to such agreement an d all other relevant provisions therein. Owner acknowledges that it has been provided with a copy of the City’s standard Public Improvement Agreement and agrees to the use of such form and terms.
(b) Sewer Connection. Owner shall (i) pay all fees, charges, and deposits required by the City for connection to and use of the Sewer including but not limited to fees for Sewer Maintenance and IEUA Sewage Treatment ; (ii) shall complete all improvements required to extend the Sewer to the Property, in accordance with City standards (as determined by the City Engineer), at Owner’s sole expense; and (iii) shall comply with all City 88

Page 3 of 7 ends

01225.0006/699634.4 BWB
codes and standards regarding use of the Sewer, in cluding but not limited to, discharge regulations. At such time Owner completes the Sewer Main Improvements, owner shall have nor further liability or obligation with respect to the Sewer Main Improvements except as otherwise provided in this Section 4(b).

7. Release of Cove nant. Provided Ow ner i s not in default of t his Agreement, Owner may request that this Agreement be released by sending written notic e to City requesting the release after the Property has been an nexed to the City of Chi no. Upon confirma tion of compliance with the foregoing to the reasonable satisfaction of the City, City shall execute a release in a form approved by the City Attorney , which shall be executed and acknowledged by the City and recorded in th e Official Records. The release may be e xecuted by the City Manager.

8. Violations; Remedies.
(a) Breach of Annexation Covenant.
(i) Owner’s breach of Sectio n 4 (a)(i) of th is Agreement wi ll ca use substantial injury to the City, including but not limited t o delaying and poten tially preventing City’s ability to annex the Property and other properties to the City, which is the City’s primary aim and intent in entering into this Agreement. Since the determination of actual dama ges caused by a breach of Section 4(a )(i) would be di fficult or imp ractical to determine, City and Owner agree that if Owner breaches Section 4(a)(i) either by making a protest or objection as described in Section 4( a)(i) or refusing to take any actions requ ired to effectuate the Annexation, Owner shall be l iable for and shal l pay to the City the sum of Ten Tho usand Dollars ($10,000), and shall also reimburse the City for all costs (including l egal fees) incurred by the City as a result of Owner’s breach, all of which shall be due upon demand by the City , and shall be due whether or not Owner ’s breach pre vents Annexation. City may also seek any other remedy for such breach available under law. (ii) If Owner refuses or fails to timely make any payment described in Section 4(a)(ii), Owner authorizes City to ma ke such payment on Owner’s behalf and Owner shall reimburse City for such payment within (30) days of a written demand by the City. (b) Breach of Sewer Regulations. If the City believes Owner has violated Section 4(c) of this Ag reement, City ma y provide writte n no tice of breach and demand that O wner remedy the breach within thirty (30) days of receipt of the notice . If Owner fails to remedy the breach in the specified time period and provide proof thereof to the reasonable satisfaction of the City, Owner shall be liable for and shall pay to the City One Hund red Dollars ($100.00) per day until the breach is cured to the City’s reasonable satisfaction. 89

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01225.0006/699634.4 BWB
(c) Rights and Remedies are Cumulativ e. The rights and remedies of the City listed in this Section 8 are cumulative and the exercise by City of one or more of such rights or remedies shall not preclude the exercis e by it, at the same or different times, of any other rights or remedies for the same default or any other default by Owner. (d) Lien. If any amount due to the City under this Section 8 is not paid within thirty (30) days of a written demand by the City, City shall have the right to record a lien against the Property for such amount.

City: City of Chino
13220 Central Avenue
Chino, CA 91710
Attn: Director of Development Services

With Copy to: City of Chino
13220 Central Avenue
Chino, CA 91710
Attn: City Attorney

Owner: Surya M. Reddy and Arunasri M. Reddy
3579 E. Foothill Blvd., #714
Pasadena, CA 91107
Any notice delivered personally shall be effective upon delivery. Any notice giv en by mail as above pr ovided shall be effect ive forty -eight (48) ho urs after deposi t in the mail. Any party may change address for notice by giving written notice of such change to the other party.

11. Miscellaneous.
(a) Severability. If any term of this Agre ement is held by a cou rt of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
(b) Governing Law. This Agreemen t shall be construed a nd enforced in accordance with the laws of the State of Californi a and any legal action shall be brought in a court of competent jurisdiction in San Bernardino County. (c) Attorney's Fees. In the event of any li tigation or other legal proceeding arising from this Agreement, the prevailing party will be entitled to reco ver, in addition to any other relief awarded or grant ed, its re asonable costs and e xpenses, including attorney's fees, incurred in the proceeding.
90

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01225.0006/699634.4 BWB
(d) Final Agreement . This Agreement contains the entire understandi ng and agreement with respect to the subje ct matt er of thi s Agreement and all prior or contemporaneous do cuments, communications, understandings, representations, and statements shall be of no force or effect.
(e) Construction. This Agreement shall be construed according to its fair meaning as if prepared by all parties to this Agreement. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent. (f) No Waiver . The failure t o enforce any term, cov enant, or condit ion of this Agreement shall not be construed as a waiver of the right to enforc e this, or any other, term, covenant, or condition of this Agreement.
(g) Counterparts. This Agreement may be executed in any number of counterparts each of whic h shall be an or iginal but all of which sh all con stitute o ne and the same document.

[Signatures on Following Page]

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01225.0006/699634.4 BWB
IN WITN ESS WHEREOF, the parties here to have caused this agreement to be executed by their respective officials thereunto duly authorized.

CITY:

CITY OF CHINO, a municipal corporation

Linda Reich, City Manager

ATTEST:

Natlie Gonzaga, City Clerk

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

ALESHIRE & WYNDER, LLP

Fred Galante, City Attorney Warren Morelion, AICP
Interim Director of Development Services
Department

OWNERS:

By:

Name: Surya M. Reddy

By:

Name: Arunasri M. Reddy

[OWNERS’ SIGNATURES SHALL BE NOTARIZED]
92

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01225.0006/699634.4 BWB

EXHIBIT A

PROPERTY DESCRIPTION

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

THAT PORTION OF LOT 35, SECTION 4, TOWNSHIP 2 SOUTH, RANGE 8 WEST, SAN

BERNARDINO MERI DIAN, ACCOR DING TO MAP OF S UBDIVISION OF PART OF RANCHO

SANTA ANA DEL CHINO, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER M AP RECORDED IN BOOK 6, PAGE 15 OF MAPS, IN THE OFFICE OF THE COUNTY

RECORDER OF SAID COUNTY, LYING SOUTHWESTERLY OF THE CENTERLINE OF THE RIGHT OF WAY OF THE POMONA AND ELSINORE RAILROAD.

EXCEPTING THEREFROM THAT PORTION DEEDED TO THE STATE OF CALIFORNIA DESCRIBED AS FOLLOWS:

COMMENCING AT A POINT IN THE EAST LINE OF EAST END AVENUE, 66 FEET WIDE, ADJOINING LOT 36 OF SAID SECTION 4 ON THE WEST, DISTANT ALONG SAID EAST LINE SOUTH 0° 32’ 13” EAST 383.34 FEET FROM THE SOUTH LINE OF WALNUT AVENUE, 66 WIDE, ADJOINING SAID LOTS 35 AN D 36 ON THE NORTH; THENCE 36° 6’ 37” EAST 43.54 FEET TO A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 5,033 FEET; THEN CE EASTERLY ALONG SAID CURVE FROM A TANGENT BEARING NORTH 73° 45’ 5” EAST, THROUGH AN ANGLE OF 7° 13’ 5” AN ARC DISTANCE OF 634.05 FEET TO THE TRUE POINT OF BEGINNING; THENCE TANGENT TO SAID CURVE, NORTH 66° 32’ 00” EAST 112.2 FEET, MORE OR LESS, TO SAID CENTERLINE OF RAILROAD RIGHT OF WAY.

NOTE: NOTWITHSTANDING ANYTHING TO THE CONTRARY, NO INSURANCE WILL BE MADE AS TO THE TITLE OF ANY PERSONAL PROPERTY.
93 01225.0006/699634.4 BWB

EXHIBIT B

SEWER MAIN IMPORVEMENTS

[attached]
94 95

December 29, 2020

Arunasri M. Reddy Pravin Shukla
3579 E. Foothill Boulevard # 714 23750 Gamma Street Pasdena, CA 91107 Moreno Valley, CA 92553

RE: A CONDITIONAL USE PERMIT REQUEST TO CONSTRUCT A TWO -STORY, 32,400 SQUARE-FOOT PLACE OF WORSHIP (TEMPLE) AND A 4,000 SQUARE FOOT CARE TAKERS UNIT ON A 4.93 ACRE LOT AT 12594 ROSWELL AVENUE, CHINO, CA 91710 IN THE RS-20M ZONING DISTRICT AND VERY LOW DENSITY RESIDENTIAL (VLDR) LAND USE CATEGORY ; APN : 1016-331-05 & 06 ; 4th SUPERVISORIAL DISTRICT; PROJECT NO.: P201800549 (PROJ-2020-00056)

Dear Mrs. Reddy,

On December 17, 2020 , the Planning Commission approved the above -referenced Project, a Conditional Use Permit to construct a two-story, 32,400 square-foot place of worship (Temple) and 4,000 square foot caretakers unit on a 4.93 acre lot , pursuant to Chapter 85.12.030 of the San Bernardino County Development Code and the conditions of approval contained herein.

This decision becomes effective on December 29, 2020, unless an appeal is filed. Any person may file an appeal to the Planning Commission prior to the effective date. The appeal, accompanied by the $1,712.00 appeal fee, must be made in writing on the forms available from the Public Information Counter or on the San Bernardino County Land Use Services webpage (http://cms.sbcounty.gov/lus/Planning/Applications.aspx).

These Conditions of Approval and the approved site plan are considered the final development criteria and design for this project. This is not considered approval of a conceptual design.

Therefore, any proposed revisions or modifications will require submittal o f a Revision to Approved Action application for review and approval, and the corresponding additional fees.

The Conditions of Approval are listed under specific headings according to when each condition must be completed for the applicable County Departm ent. The headings are: General Requirements, Prior to Issuance of Grading Permits or Land Disturbing Activities, Prior to Issuance of Building Permits, and Prior to Final Inspection or Occupancy. Also enclosed are Condition Compliance Release Forms that li st each County Department/Division or outside agency – when applicable, that must sign-off on the project for each stage of development before Building and Safety permits can be issued. In accordance with SBCC §86.06.060, the Conditional Use Permit must be deemed “exercised” within thirty-six (36) months of the effective date or the approval shall expire. The Conditional Use Permit is deemed to have been exercised when actual construction or alternation under a valid Building Permit has commenced. An extension of time in compliance with SBCC §86.06.060(b) may be granted for a maximum of thirty -six (36) months, Land Use Services Department
Planning

Terri Rahhal
Director
385 N. Arrowhead Avenue, First Floor, San Bernardino, CA 92415 | Phone: 909.387.8311 Fax: 909.387.3223 Exhibit C
96 P201800549 (PROJ-2020-00056) / Conditional Use Permit PAGE 2 of 2

upon filing an Extension of Time Application and the necessary fee to this office at least thirty (30) days prior to the expiration date.

If you have any questions regarding this approval, you can reach me directly at (909) 387-4421 or via e-mail at [email protected]
.

Sincerely,

Steven Valdez, Senior Planner

SV/drp/lb

97 E
xhibit D
98 99
100

MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 19, 2023

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

SUBJECT
..titl e
Receive and file the 2022-2023 C onsolidated Annual Performance and Evaluation Report (CAPER).
..end

RECOMMENDATION
Receive and File the 2022 -2023 Consolidated Annual Performance and Evaluation Report (CAPER).
..body

FISCAL IMPACT
There is no fiscal impact related to the filing of the CAPER.

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. 101
CITY COUNCIL MEETING DATE: SEPTEMBER 19, 2023
TITLE: CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT.

PAGE: 2

BACKGROUND
The U.S. Department of Housing and Urban Development (HUD) requires that all jurisdictions receiving Community Development Block Grant (CDBG) funds prepare a Consolidated Annual Performance and Evaluation Report (CAPER). The CAPER details program year accomplishments and must be submitted within 90 days of the end of each program year.

This year’s CAPER marks the fourth year of the 2020 -2025 Consolidated Plan which outlines the City’s planned CDBG activities. The attached CAPER presents the City’s CDBG accomplishments for Program Year 2022-2023 (July 1, 2022 to June 30, 2023).

ISSUES/ANALYSIS
The CAPER covers subject matters including financial resources available, the number of households and persons assisted, and the jurisdiction’s overall annual performance. The CAPER serves to aid in the assessment of future programs designed to assist low and moderate-income families, economic development initiatives, social service programs, and public improvement projects.

During FY 2022-2023, the City of Chino was awarded new funds in the amount of $591,996. In addition, $880,615.32 of prior y ear unexpended carryover funds were available. Of the total amount of funds available $1,472,611.32 a total of $1,008,774.05 was expended on the activities listed in the table below. The remaining balance of $463,837.27 will be carried over for project completion during FY 2023-24.

The breakdown of FY 22 -23 CDBG expenditures are displayed below. Any unexpended funds will be reprogrammed for future CDBG activities.
$ 39,202.33 on program administration
$ 20,000.00 on fair housing services
$ 88,138.20 on public services
$ 84,255.74 on housing activities (including code enforcement) $ 777,177.78 on neighborhood facility improvements (Alley Improvements and park improvements which includes prior year funds). $ 1,008,774.05 Total Expended in PY 2022-2023

A notice announcing the availability of the CAPER for public review was published on September 2, 2023, in the Chino Champion , posted in City offices, and placed on the City’s website to comply with HUD’s 15 -day public review and comment period. This comment period has been set for September 5, 2023 through September 19, 2023. As of this report’s publishing, no written comments have been received. The CAPER will be submitted to HUD on September 28, 2023 in accordance with CDBG regulations.

Attachment: 2022-2023 Consolidated Annual Performance and Evaluation Report (CAPER).

102

3rd Year of the 2020-2025
Five-Year Consolidated Plan

City of
Chino

DRAFT
September 2, 2023

Development Services
Department
FY 2022-2023
Consolidated Annual
Performance Evaluation Report
(CAPER)
103

Table of Contents

CR-05 - Goals and Outcomes ............................................................................................................. 1 CR-10 - Racial and Ethnic Composition of Families Assisted ............................................................. 6 CR-15 - Resources and Investments 91.520(a) .................................................................................. 7 Leveraging .......................................................................................................................................... 9 CR-20 - Affordable Housing 91.520(b) ............................................................................................... 10 CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) ........................... 13 CR-30 - Public Housing 91.220(h); 91.320(j) ...................................................................................... 16 CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j) ............................................................................... 18 CR-40 - Monitoring 91.220 and 91.230 .............................................................................................. 24 Citizen Participation Plan 91.105(d); 91.115(d) ................................................................................. 24 CR-45 - CDBG 91.520(c) ..................................................................................................................... 25 CR-58 – Section 3 ............................................................................................................................... 26

Appendix A-IDIS Reports
Appendix B- Proof of Publication, Outreach and Public Comments 104
CAPER 1
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-05 - Goals and Outcomes

Progress the jurisdiction has made in car rying out its strategic plan and its action plan.

91.520(a)
This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.

The FY 202 2-2023 Consolidated Annual Performance Evaluation Report (CAPER) is the third year-end submission of accomplishments pertaining to the FY 2020-2025 Five-Year Consolidated Plan of the City of Chino, which reports accomplishments based on the FY 202 2-2023 Annual Action Plan; covering July 1, 2022, through June 30, 2023. State and local governments that directly receive Community Development Block Grant Funds (CDBG) entitlement funds from the Department of Housing and Urban Development (HUD) are required to submit the CAPER ninety (90) days after the end of the program year (due September 28th). Table 1 shown below illustrates the City's progress in meeting the one- year goals and objectives outlined in the Annual Action Plan, as related to the Five-year Consolidated Plan (Strategic Plan) priorities.

105
CAPER 2
OMB Control No: 2506-0117 (exp. 09/30/2021)
Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources an d amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals.

Goal Category Source /
Amount
Indicator Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complete
Achieve fair
housing for all
Fair Housing CDBG:
$20,000
Public service
activities other than
Low/Moderate
Income Housing
Benefit
Persons
Assisted
900 937 104.11% 180 270 150.00%
Effective grant
administration
Grant
Administration
CDBG:
$78,399
Other Other 26,153 26,153 100% 14,593 14,593 100.00%
Encourage
economic
development
Non-Housing
Community
Development
CDBG:
$0
Businesses assisted Businesses
Assisted 50 63 126.00% 10 0 0.00%
Improve existing
housing through
code
enforcement
Affordable
Housing
CDBG:
$100,000
Housing Code
Enforcement/Foreclos
ed Property Care
Household
Housing Unit 2,175 721 33.15% 435 292 67.13%
Improve the
well-being of
low-income
persons
Homeless
Non-Homeless
Special Needs
CDBG:
$88,799
Public service
activities other than
Low/Moderate
Income Housing
Benefit
Persons
Assisted
18,721 94,324 144.92% 1,000 52,473 349.82%
Improve the
well-being of
Homeless
Non-Homeless
Special Needs
CDBG:
$0
Homeless Person
Overnight Shelter
Persons
Assisted 0 0 0% 0 0 0.00%
106
CAPER 3
OMB Control No: 2506-0117 (exp. 09/30/2021)
low-income
persons
Improve/upgrad
e public
infrastructure &
facilities
Public
Infrastructure
Public Facilities
CDBG:
$792,161.78
Public Facility or
Infrastructure
Activities other than
Low/Moderate
Income Housing
Benefit
Persons
Assisted
120,000 114,515 95.43% 24,000 53,695 789.63%
Rehabilitate the
existing housing
stock
Affordable
Housing
CDBG:
$70,000
Homeowner Housing
Rehabilitated
Household
Housing Unit
75 50 66.67% 15 9 45.00%
Table 1 - Accomplishments – Program Year & Strategic Plan to Date

107
CAPER 4
OMB Control No: 2506-0117 (exp. 09/30/2021)
Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving specia l attention to the highest priority activities identified.

During FY 2022-2023, the City received a total of $ 591,996 in federal funds from the US Department of Housing and Urban Development (HUD). In addition, $895,679.84 of prior year unexpended carryover was available. Of the total amount of funds available ($1,472,611.32) $1,083,913.32 was allocated to neighborhood facility improvement projects for alley, park improvements and business façade improvements and $777,177.78 was expended. These funds were used to address the goals and needs established in the Annual Action Plan, as well as the five -year Consolidated Plan priorities established as follows (only high priority level needs were funded):

1. Provide home improvement grants to owner-occupied housing.

2. Address the needs of homeless families with children; homeless individuals; a nd chronically homeless persons.

3. Arrest the decline of deteriorated and deteriorating areas through code enforcement activities in low- and moderate-income neighborhoods.

4. Support infrastructure improvement funding for sidewalks and street lighting.

5. Support economic development funding for business property enhancement and small business development activities.

6. Support public services funding.

Specifically, the following accomplishments were achieved for each goal as follows:

1. Affordable Housing Needs were addressed through the nine (9) grants provided through Neighborhood Partnership Housing Services , CDBG funded home repair program, and nine (9) housing units were rehabbed using Affordable Housing funds.

2. Homeless Needs and Public S ervices were addressed as follows: Chino Neighborhood House's Food Pantry Program served 1,246 people, House of Ruth's Domestic Violence Program served 42 people, Human Services’ Family Counseling Program served 82 people, Family Services Association Senior Nutrition Program served 491 people, and Inland Valley Hope served 400 people.

3. Code enforcement activities in low- and moderate -income neighborhoods provided multiple inspections, 292 cases were opened a nd corrected that benefited 292 households low- and moderate-income people living in the target areas. In addition, the Graffiti Abatement program removed 32,512 incidents throughout the low - and moderate -income areas , which ben efited 22,210 people.

4. Infrastructure improvement needs were addressed through Alley Improvements, and the Monte Vista Park projects that will benefit 18,185 people , and 16,990 people living in the low- and moderate-income Census tracts respectively.

5. Inland Mediation Fair Housing Board served 27 people with fair housing discrimination complaints and 243 with landlord/tenant mediation.
108
CAPER 5
OMB Control No: 2506-0117 (exp. 09/30/2021)

6. As part of the federal CARES Act, the City of Chino also received $787,859 which was allocated by Substantial Amendment on May 19, 2020 and January 19, 2021 as follows:
a. Economic Development Division ($285,471) to provide Small Business Grants, of which $173,165.25 was expended to assist 25 businesses. Program is now closed. b. Family Service Association ($45,000) to provide meals to seniors , all of which was expended to help 382 people. Program is now closed.
c. Community Services Extended Camp Scholarship Program ($42,000), to provide scholarships for extended learning camp, of which $120 was expended; funds were reallocated to the Homework Success Program. Program is now closed. d. Homework Success Program ($43,884, plus $41,580 of transferred funds) to help students that have fallen behind due to the pandemic and school closures with afterschool homework help, of which $48,182.52has been expended to help 96 youth. e. Senior Care Package Program ($45,100) to provide care packages to seniors, of which $34,418.66 was expended to help 300 seniors. Program is now closed. f. Development Services Emergency Rental Assistance Program ($326,404) ; to provide rental assistance to those negatively impacted by the COVID -19 Coronavirus, of which $125,886.59 was expended to help 38 renters. Program is now closed.

Cumulative accomplishments are shown in Figure 1 below, while Figure 2 illustrates the location of Infrastructure Projects, and Figure 3 illustrates the City’s Low and Moderate-Income Target Areas.

109
CAPER 6
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-10 - Racial and Ethnic Composition of Families Assisted Describe the families assisted (including the racial and ethnic status of families assisted).

91.520(a)
CDBG
White 3,108
Black or African American 176
Asian 311
American Indian or American Native 32
Native Hawaiian or Other Pacific Islander 10
Total 3,767
Hispanic 2,667
Not Hispanic 1,100
Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative
As shown in Table 2 above, 3,767 families were assisted during FY 202 2-2023 through the City's various CDBG funded- public service programs. Of these families the majority were White and Hispanic, followed by Asian, American Indian or American Native, Native Hawaiian or Other Pacific Islander, and Black, which is consistent with the City's overall demographic composition. In addition, the County's Section 8 Housing Choice Voucher Program assisted 180 non-Hispanic and 195 Hispanic households.

110
CAPER 7
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG public - federal $1,150,118.19 $1,008,774.55
Table 3 - Resources Made Available

Narrative
During FY 2022-2023, the City received an allocation of $ 591,996 of CDBG entitlement from HUD, plus $895,679.84 of prior year unexpended carryover which was allocated/expended on the fo llowing activities:
• $78,399 was allocated to program administration/$39,202.83 was expended. • $20,000 was allocated and expended by Inland Mediation to provide fair housing services. • $88,799 was allocated ($88,138.20 expended) to public services, which was allocated/expended as follows:
• $10,000 was allocated and $10,000 expended by Neighborhood House. • $15,000 was allocated and expended by House of Ruth Domestic Violence. • $28,108 was allocated and $27,454.34 expended by Human Services Family Counseling. • $15,000 was allocated and expended by Family Services Association Senior Nutrition. • $10,000 was allocated and expended by Inland Valley Hope Partners Homeless Assistance Program.
• $70,000 was allocated to housing activities (Home Improvement Grants) administered by Neighborhood Partnership Housing/$53,507.14 was expended. • $100,000 was allocated to provide Code Enforcement/$30,748.60 was expended. • $298,838.48 was originally allocated to the Old School House Museum Project (2020), of which $120,164.66 was expended and the balance of $178,673.82 was transferred to Monte Vista Park through a Substantial Amendment in FY 2022-23, this project is closed. • $323,251.54 carryover funds for Alley Improvements and $16,516.00 was expended. • $211,063.76 carryover funds plus $549 ,598.02 transferred a Substantial Amendment was submitted for Monte Vista Park Project and $760,661.78 was expended. • $787,859 was allocated by Substantial Amendment on May 19, 2020, and January 19, 2021 as follows:
o Economic Development Division Small Busin ess Grants was allocated $285,471 and expended $173,165.25. Program closed.
o Family Service Association was allocated and expended $45,000. Program closed. o Community Services Extended Camp Scholarship Program was allocated $42,000 and $120 was expended; funds were reallocated to the Homework Success Program. Program closed.
111
CAPER 8
OMB Control No: 2506-0117 (exp. 09/30/2021)
o Homework Success Program was allocated $43,884 (plus $41,580 transferred) and has expended $48,182.52 to date.
o Senior Care Package Program was allocated $45,100 and expended $44,737.15. Program closed.
o Development Services Emergency Rental Assistance Program was allocated $326,404 and expended $304,691.69 to date. Program closed.

As shown in Table 3, the City spent approximately 88 percent of its Entitlement allocation, and anticipates having a remaining balance of approximately 12 percent of CDBG funds for the next five-year Consolidated Plan period.

Identify the geographic distribution and location of investments Target Area Planned
Percentage of
Allocation
Actual
Percentage of
Allocation
Narrative Description
Area benefit
neighborhoods 56% 56%
Street Improvements, Public
Facilities
City-wide 42% 42%
Public Services, Housing and
Administration
Deteriorated and
deteriorating areas 13% 13% Code Enforcement
Table 4 – Identify the geographic distribution and location of investments

Narrative
Table 4 above illu strates the geographic distribution of funds throughout the City. With respect to geographic distribution and location of investment, some of the CDBG fun ded programs are targeted geographically such as Code Compliance, Alley Improvements , Monte Vista Park Project. These projects are eligible for CDBG funds as an area benefit activity/neighborhood. An area benefit activity is one that is available to benefit all the residents of an area which is: 1) Primarily residential; 2) Where a minimum of 51% of the population is low- and moderate-income.

HUD recognizes that some cities, such as Chino, have few, if any, areas that have 51% or more low - and moderate-income residents. Therefore, HUD allows such cities to qualify a CDBG- funded area benefit activity based on a lower percentage of low - and moderate-income persons. Specifically, the exception criteria allow a percent of low- and moderate-income persons that is not lower than that contained in the City's upper one-fourth of all areas within its jurisdiction in terms of degree of concentration of low- and moderate-income population. In Chino, the exception percentage works out to be 4 4.96% (changed to

44.96% in 2020); meaning Census Tracts or Block Groups that exceed this percentage qualify as are a benefit neighborhoods. All other investments are available citywide to income eligible persons or households.
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Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.

Without the authority of redevelopment to generate funds, the City has little resources for public improvements and affordable housing development. Development Services programs are typically funded with general funds and CDBG. During the Program Year, the City obtained funds from the other leveraged funding from private and non-federal public sources as follows:
• CalHOME ReUse and Affordable Housing funds were used to implement the Housing Rehabilitation Program and the Homebuyer Program which are identified as objectives under the City's Five -Year Consolidated Plan strategies . Approximately 5 loans were issued.
• Section 8 rental assistance and public housing funds were available from the Housing Authority of San Bernardino County to financially assist extremely low - and very low - income families. The HASBC provided approximately 27 7 Housing Choice Section 8 vouchers.

Additionally, the Housing Authority owns and operates Monte Vista Public Housing complex that provides 50 qualified persons/households with af fordable single units. CDBG funds support the Housing Improvement Grant Program. To supplement this Federal funding, the City has obtained CalHOME funds in the past. The City continues to seek this funding from this and other potential replacement funding sources. The CDBG Program does not require a match. Although the HOME Program requires a match, the City does not receive funding from this program.

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CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the numbe r of extremely low -income, low-income, moderate- income, and middle-income persons served.

One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 0 0
Number of Non-Homeless households to be
provided affordable housing units 290 319
Number of Special-Needs households to be
provided affordable housing units 0 0
Total 290 319
Table 5 – Number of Households

One-Year Goal Actual
Number of households supported through
Rental Assistance 270 319
Number of households supported through
The Production of New Units 0 0
Number of households supported through
Rehab of Existing Units 20 18
Number of households supported through
Acquisition of Existing Units 0 0
Total 290 337
Table 6 – Number of Households Supported

Discuss the difference between goals and outcomes and problems encountered in meeting these goals.

During FY 2022 -2023, the City exceeded its rental housing and owner rehabilitation goals. The City implemented the following activities that go towards meeting the Affordable Housing priority needs of the Consolidated Plan and help foster and maintain affordable housing:
• Development Services -Home Improv ement Grant Program : This program provides home improvement grants to low- and moderate-income families to address home repair problems and health and safety issues affecting the quality of life for Chino residents. Nine (9) homes were improved in FY 202 2-2023, with $160,096 being expended through Affordable Housing Funds from the former redevelopment agency. An additional $3,825 of these funds were used to provide grants and address lead-based paint testing in FY 2022 -2023. During the previous year, (13) homes were improved, for a cumulative total of 22 homes/households assisted. 114
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• CalHOME Housing Rehabilitation/Homebuyer Assistance Program: This program provides home improvement loans to low- and moderate-income families to address home repair problems and health and safety issues affecting the quality of life for Chino residents. Approximately $ 105,800 of CalHome funds were expended in FY 202 2-2023 to assist three ( 3) households; 3 loans were provided in FY 2021-2022. The only funds available with Calhome funds are Re-Use Funds, when a prior Calhome Loan recipient repays a loan. No funds were used for down payment assistance in the last two years.
• Section 8 Housing Choice / Project Based Voucher Program: In Chino , the number of families receiving rental as sistance under the HUD program in FY 2022 -2023 was approximately 319 households. Two hundred seventy-seven (277) of these families were assisted t hrough the housing choice voucher program ( extremely low income) and f orty-two (42) were through the project-based voucher program (very low income). Additionally, 139 were Hispanic and 180 were non-Hispanic households. Cumulatively, 600 people have bee n assisted through Housing Authority Programs to date.

Discuss how these outcomes will impact future annual action plans.

Based on the City's limited resources, future action plans will continue to utilize existing programs. The City has also decided to increase the amount of grant funds allocated to each homeowner to increase the number of units rehabilitated through the City's Grant Program.

Include the number of extremely low -income, low -income, and moderate -income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.

Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 6 0
Low-income 3 0
Moderate-income 0 0
Total 9 0
Table 7 – Number of Households Served
Narrative Information
During FY 2022-2023, Neighborhood Partnership Housing Servic es (NPHS) provided grants to 9 owner households; all of which were low -income households. During FY 202 1-2022, they provided ten (10) grants for a cumulative total of 26 Households served to date. The City's Affordable Housing Funds home improvement loan/grant program also provided home repairs for nine (9) homes; all of which were low- income, plus five (5) in FY 20 20-2021 and 13 in 2021 -22 for a cumulative total of 27 owner-occupied housing units rehabilitated. The City further provided rental , utility or motel voucher assistance to 65 households in FY 2021 -2022 and 86 in FY 20 22-23. 3 1 households received rental assistance i n FY 2021-2022 and 5 received rental assistance in FY2022 -23 utilizing CARES-Act Funds, this program is now closed. These progra ms help foster and maintain affordable housing along with the Housing 115
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Authority’s rental assistance programs that helped 319 low -income households in FY 2022 -23, 307 in FY 2021-2022 and 275 low-income households in FY 2020-2021. 116
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CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:

Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs.

The FY 2020-2025 Consolidated Plan established a Medium priority for homeless needs in Chino. The City continued its efforts in the prevention of homelessness by supporting the County and its outreach programs, supporting the operation of homeless shelters through CDBG funding, providing CDBG funding for homeless support services, and providing referrals to public assist ance programs offered by the County. The intended outcomes are the provision of a Suitable Living Environment (SL) and expansion of Availability/Accessibility (1). The City’s Community Services staff attended meetings at the Office of Homeless Services.

The City also partnered with a few organizations to address the City’s homeless issues. The Police Department has formed a team ( Quality of Life Team Program) which Community Services staff and PD approach the homeless on the street and counsel them and p rovide them with resources for assistance. Community Services staff also partner with the Chino Unified School District (HOPE Program) to provide services needed to homeless students.

Addressing the emergency shelter and transitional housing needs of homeless persons.

The City of Chino provided funding to public service providers to help mitigate homelessness by serving both the homeless and the at-risk of homelessness populations. During FY 2022-2023, the City provided funding to: Neighborhood House Food Pantry, House of Ruth, Inland Valley Hope Partners, and Human Services Family Counseling to address the needs of homele ss persons and those at -risk of becoming homeless.

The City of Chino, Housing Division in collaboration with the Community Services Department, continues to assess the needs of the community through outreach and community involvement to identify gaps in services available to the low-income residents.

To address the increased needs in our community, the Housing Division, Development Service s Department has introduced new assistance programs. The availability of these programs will help income-eligible resid ents facing emergency housing or crisis situations. The Emergency Housing Assistance Program (EHAP) provide s assistance with security d eposit, rental assistance, motel voucher, and/or emergency utility payment assistance. The goal of the program is to prevent imminent homelessness. The City of Chino works diligently to provide a variety of programs and services to assist homeless persons with information and resources, such as food, clothing, shelter, and applying for CalFresh/CalWorks, and Medi- Cal/Covered California health insurance. The Community Services and Police Departments have conducted outreach events in partnership with the San Bernardino County 117
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Department of Behavioral Health. The purpose of these outreach events is to contact known homeless individuals and offer assistance. The Police Department has also formed a Homeless Outreach Team (HOT) and Crisis Intervention Team (CIT) to specifically deal with the City’s homeless population and those suffering from mental illness.

To aid in this effort, a Quality-of-Life Team and two Homeless Outreach Coordinators have recently been implemented as a new component of the City’s strategy to assist individuals/families who are most at risk.

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

Helping low-income individuals and families avoid becoming homel ess, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or priva te agencies that address housing, health, social services, employment, education, or youth needs.

The City of Chino does not administer homeless programs directly, but will continue to offer and consider requests from agencies that work with helping homele ss persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) making the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing un its, and preventing individuals and families who were recently homeless from becoming homeless again. To address the increased needs in our community, the Housing Division, Development Services Department has introduced new assistance programs. The availability of these programs will help income -eligible residents facing emergency housing or crisis situations. The Emergency Housing Assistance Program (EHAP) will provide assistance with security deposit, rental assistance, motel voucher, and/or emergency u tility payment assistance. The goal of the program is to prevent imminent homelessness. The City of Chino works diligently to provide a variety of programs and 118
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services to assist homeless persons with information and resources, such as food, clothing, she lter, and applying for CalFresh/CalWorks, and Medi- Cal/Covered California health insurance. The Community Services and Police Departments have conducted outreach events in partnership with the San Bernardino County Department of Behavioral Health. The purpose of these outreach events is to contact known homeless individuals and offer assistance. The Police Department has also formed a Homeless Outreach Team (HOT) and Crisis Intervention Team (CIT) to specifically deal with the City’s homeless population and those suffering from mental illness.

Helping homeless persons (especially chronically homeless individuals and famil ies, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again.

Twenty-eight (28) is Chino's most recent count of unsheltered homeless persons. (Source: San Bernardino County 2023 Homeless Count and Subpopulation Survey: Final Report, April 2023). A Point in time count was not taken in 2021, due to the pandemic. Strategies to end homelessness in the County have recently been recalibrated. The recalibration effort resulted in the following nine steps to end homelessness:
• Develop a multi-jurisdictional strategic plan that will be initiated and implemented by the County of San Bernardino, cities, and the San Bernardino County Continuum of Care (CoC). • Encourage each city to adopt its unsheltered homeless count numbers as baseline numbers. • Increase the Number of Permanent Supportive Housing Units. • Set an annual quantifiable number of permanent supportive housing units to be developed based on the number of u nsheltered chronically homeless individuals identified in the recent Point -in- Time homeless count, Homeless Management Information System (HMIS), and Coordinated Entry System (CES).
• Prioritize through the Coordinated Entry System the most vulnerable and fr ail persons who are languishing on the streets including those with life-threatening health conditions and/or who are aging on the streets.
• Completely align with a Housing First model and low barrier approach for chronically homeless individuals and families consistent with federal, state, and local approaches. • Completely align with a rapid rehousing and low barrier approach for n on- chronically homeless individuals and families.
• Align the current homeless services delivery system with a goal of ending home lessness among unaccompanied women.
• Increase Rapid Rehousing Assistance.

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CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The one public housing project that exists in Chino is the 50-unit Monte Vista complex is owned and operated by the Housing Authority of San Bernardino County. The bedroom distribution is:
• 8 1-bedroom units
• 18 2-bedroom units
• 24 3-bedroom units
In 2010, the HACSB expended approximately $5.1 million in American Recovery and Reinvestment Act (ARRA) grant funding to upgrade four housing developments in the cities of Chino, Colton, Redlands and San Bernardino. The Housing Authority of the County of San Bernardino Resid ent Services Program connects residents and participants to services and activities that encourage self-sufficiency and supports a mission of enhancing the quality of life in the community. The Housing Authority provides the following supplemental programs to residents:
• Family Self -Sufficiency Program: Coordinate’s housing assistance with public and private resources to enable families to achieve economic self-sufficiency. • After School Programs: Various providers offer teen mentoring, self-esteem building, homework help and job training classes.
• College Scholarships: An annual college scholarship award program is offered for studen ts enrolled in higher education classes.
• Homeownership Assistance Program: Helps qualifying families to become homeowners. • Self-Sufficiency Workshops: Offer budget management, counseling, and a wide array of workshops to help families achieve self-sufficiency.
• Broadband Technologies Opportunities Program (BTOP): Provides access to technology, career, education, and job counseling for all community members.

The HACSB seeks to maintain the number of extremely low- and very low-income families that will receive rental assistance under the provisions of the HCV Program. In Chino the number of families receiving rental assistance under t he HUD program is approximately 2 75 households. The number of assisted families fluctuates, not only due to funding availability, but also as assisted families move from or to the City. In FY 2022-2023, 319 vouchers were issued. In FY 2021-2022, 307 vouchers were issued. In FY 2020- 2021, 225 vouchers were issued.

Actions taken to encourage public housing residents to become more involved in management and participate in homeownership.

HACSB's Homeownership Assistance Program helps qualifying families to become homeowners. 120
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Actions taken to provide assistance to troubled PHAs.

The Housing Authority of the County of San Bernardino administers the HCV program on behalf of the City of Chino. In 2008, HACSB was designated as a Move to Work (MTW) Agency, by HUD, which exempts the agency from Public Housing Assessment Systems (PHAs) and Section 8 Management Assessment Program (SEMAP) evaluation and scoring. Regardless of being exempt from PHAs and SEMAP evaluation and scoring, HACSB continues to meet the “High Performer” standards. 121
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CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameli orate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The 2013 -2021 Housing Element identifies barriers/constraints in regard to the lack of certain zoning provisions, permit processing, and fee impacts on the cost of housing. The City is working on the following Housing Element recommendations:
• Within one year of adoption of the Housing Element, the City changed the zoning to allow SRO’s in general commercial zo ned areas. Additionally, the City revised the definition of “family” in 2016.
• Continue to evaluate the City's Zoning Ordinance during annual updates to determine whether additional amendments are necessary to accommodate affordable and special needs housing. • Continue to evaluate and improve the one -stop processing system in an effort to provide quick project entitlement processing.
• Continue to offer priority processing of affordable and special needs housing applications. • Consider fee deferrals for affordab le and special needs housing on a case -by- case basis, if requested by the project owner/developer.
• Work to identify a new funding source to finance fee waivers for affordable and special needs housing.
• Pursue funding for infrastructure improvements needed to support affordable and special needs housing.

Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) Underserved needs include rental assistance for lower- income households that are cost burdened. The primary obstacle to meeting this need is limited resources and the expense of rental assistance. The Section 8 rental assistance available from HUD and the Housing Authority of the County of San Bernardino (HACSB) is limited. Federal budget cutbacks have decreased the amount of funding allocated to the Section 8 Housing Choice Voucher Program. Also, the City has concluded th at it is too expensive to establish a City-funded long-term rental assistance program. The City has no sustainable funding source to maintain such a program.

The primary obstacle to meeting all of the identified needs, including those identified as priority is the lack of funding available to the public and private agencies who serve the needs of low- and moderate-income residents. Underserved needs cannot be satisfied entirely through CDBG funds alone. However, over time some of these needs can be addressed to some extent through CDBG and other resources. Ongoing efforts to address obstacles to meeting underserved needs may include the following:
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• Obtain data from the HACSB on the number of Section 8 households assisted by race, ethnicity, age, and di sability status. The City then can compare who is being served to the demographic characteristics of the community. In this way, the City will be able to estimat e more precisely underserved populations.
• The City will encourage and support the efforts of the HASBC to seek additional Section 8 Housing Choice Vouchers. The City recognizes that this may be difficult due to the Federal budget cutbacks that impacted all housing and community development programs. • The City will encourage and support the efforts of non-profit housing development corporations to seek funding from federal, state, and local sources for special needs housing as long as these projects and programs are consistent with the City's Consolidated Plan and General Plan Housing Element.

Additionally, the City continues to maximize its resources by networking with other county, local service providers and non-profit organizations to overcome these obstac les. The City of Chino has continuously assisted with business expansion, infill housing projects, expansion of public service programs to close the gaps identified, through the coordination of community outreach, job training, accessibility to food and utility assistance, and low-cost or no-cost childcare services.

Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) To reduce lead in existing housing, and in order to prevent possible exposure to lead in City rehabilitation projects, Chino adheres to HUD guidelines for lead -safe work practices in all rehabilitation and minor home repair projects funded with CDBG and/or non-federal funds. During the program year, nine homes were improved with the use of non-CDBG funds.

Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) Although the City set goals to reduce poverty, it is an exceedingly challenging goal to meet. The loss of jobs and wage stagnation has caused an increase in poverty throughout San Bernardino County. In order to contribute to a reduction of poverty income level families, the City continues to support the Section 8 Housing Choice Voucher Program. The City worked with the Housing Authority of the County of San Bernardino to increase the number of households that obtain rental assistance. Access to childcare is an action that contributes to helping the working poor to make ends meet and avoid poverty.

Actions taken to develop institutional structure. 91.220(k); 91.320(j) The Development Services Depa rtment continues to maintain and strengthen the existing struc ture for the delivery of programs and services funded by CDBG. The Department coordinates with the Departments responsible for administering a CDBG- funded activity: Development Services, Communi ty Services, and Public Works as well as the public service agencies. The City also developed the institutional structure for the delivery of housing assistance by the County of San Bernardino Housing Authority. The 123
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Housing Authority assists local residents through the Section 8 Housing Choice Voucher Program and also owns 50 public housing units located in Chino.

Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
The City enhanced the delivery of housing assistance to Chino residents by working with the local Housing Authority Office to obtain information on: Geographic distribution/ concentration of Section 8 assisted housing units; number of families enrolled in the Family Self-Suffic iency Program (FSS); number of graduates from the FSS program; plans for maintenance and modernization of public housing units; and admission preferences for local residents. The City has hired two full time Homeless Outreach positions providing intensive homeless intervention services. They will address the homele ssness in the City of Chino intensive field case management which will be in addition to the services and programs the City provides. The City of Chino works diligently to provide a variety of programs and services to assist homeless persons with information and resources, such as food, clothing, shelter, and applying for CalFresh/CalWorks, and Medi-Cal/Covered California health insurance. The Community Services and Police Departments have conducted outreach events in partnership with the San Bernardino Co unty Department of Behavioral Health. The purpose of these outreach events is to contact known homeless individuals and offer assistance. The Police Department has also formed a Homeless Outreach Team (HOT) and Crisis Intervention Team (CIT) to specifically deal with the City’s homeless population and those suffering from mental illness.

Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) The Code of F ederal Regulations (CFR) governing the CDBG Program requires that entitlement cities identify impediments to providing fair housing choice within their jurisdiction (CFR 570.904 [c][1]). Fair housing choice means: the ability of persons of similar income levels regardless of race, color, religion, sex, national origin, handicap, and familial status to have available to them the same housing choices. In 2020, the City updated the Analysis of Impediments to Fair Housing Choice. The following impediments were identified and summarizes conclusions and outlines the City’s commitment to actions for addressing impediments to fair housing for the upcoming 2020-2025 planning period.

Actions Carried Forward from Last AI

1. Preserving and Expanding Affordable Housing Opportunities Homeownership Assistance
Impediment: Low-income households have difficulty achieving homeownership due to high prices and access to financing. Hispanic households are disproportionately impacted by low income and significantly underrepresented in the mortgage lending activities.
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Action: The City can provide affordable homeownership through development agreements. For example, developers of the Artisan project, College Park Specific Plan, and The Preserve Specific Plan have agreed to se t aside a portion of the units as housing affordable to lower- and moderate -income households through rental and ownership housing. The City will continue to seek, identify and secure new funding resources to continue the implementation of its homebuyer assistance programs.

Rehabilitation Assistance
Impediment: Access to home improvement financing is limited.

Action: The City will continue to provide rehabilitation assistance to income - qualified homeowne rs through the Home Improvement Deferred Loan and Mobile Home Improvement Grant programs.

Affordable Housing Development
Impediment: Affordable housing opportunities in the City are limited. Seniors, disabled, large households, and Hispanic households are disproportionately impacted by low income.

Action: The City will facilitate the development and preservation of quality affordable housing, as well as provision of housing assistance. Specifically, the City will pursue various opportunities, including but not limited to the following:
• Acquisition/rehabilitation/conversion of market-rate rental housing into affordable housing; • Infill housing development;
• Abatement of dangerous properties (such as abandoned or boarded up buildings) that threaten public health and safety;
• Gap financing of affordable housing development; and
• Provision of homebuyer and rehabilitation assistance.

The City will emphasize the development of affordable rental housing for extremely low, very low, and low-income households, affordable ownership housing for low - and moderate-income households, and housing for persons with special needs (such as persons with disabilities, including persons with developmental disabilities).

2. Education and Outreach
Information and Brochures
Impediment: S eniors, disabled, large households, and Hispanic households are disproportionately impacted by low income. Market-rate housing is rarely affordable to lower income households. Affordable housing opportunities and supportive services are available to Chino residents through public agencies and nonprofit organizations.
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Action: The City will provide brochures and information on homeownership assistance and rental assistance at the public counter, library, senior center and on the City’s website. Information will be provided in both English and Spanish.

Action: The City will encourage workshops to be held in Chino by local lending institutions and the Inland Fair Housing and Mediation Board (IFHMB) regarding the home loan process, credit counseling, and resources available to low - and moderate-income homebuyers. These workshops will be held in both English and Spanish.

3. Fair Housing Services
Fair Housing Program
Impediment: The most frequent bases of fair housing complaints in Chino are disability and race.

Furthermore, based on the review of for- rent and for -sale listings conducted for this AI, discriminatory language is used in a portion of the listings. Such listings typically emphasize the preference for families.

Further outreach and education on fair housing rights and responsibilities should be continued.

Action: IFHMB will continue conducting fair housing workshops for residents, real estate professionals, apartment owners, and property managers. Specific efforts should be made to expand community participation in these workshops, including a greater awareness among property owners and managers.

Action: The City will continue to require an affirmative marketing plan as a condition of approval for all subdivisions and as a condition of a business license is suance for apartments. Apartment managers are required to provide evidence of training in fair housing and landlord/tenant laws as conditions for the issuance of a business permit for rental properties.

New Impediments and Actions
The following is a list o f new impediments identified in th e 2020 AI update and key actions to address these impediments.

4. Access to Financing
Disparate Lending Patterns
Impediment: In reviewing the Home Mortgage Disclosure Act (HMDA) data, several issues in lending patterns with potential fair housing implications were identified:
• Disparate Representation in Applicant Pool: Hispanic applicants were significantly underrepresented in the applicant pools in the City during 2011. 126
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• Lenders with Noticeably Disparate Approval Rates: Amo ng the top ten lenders in 2011, Flagstar Bank and Provident Savings Bank had significantly higher approval rates and Ally Bank and U.S.

Bank had substantially lower approval rates.
• Noticeably High Fallout Rates by Race/Ethnicity: Low -income Hispanic applic ants had a substantially higher percentage of withdrawn/incomplete applications compared to other racial/ethnic groups in 2011.
• Minority Applicants and Smaller Financial Institutions: Some financial institutions appeared to be more popular among certain racial/ethnic groups. Hispanic applicants in the City were much more likely to apply for loans at smaller, less established financial institutions. In 2011, Hispanic applicants made up about 27.7 percent of the applicant pool for all lenders. However, Provident Savings Bank (36.8 percent) and Prospect Mortgage, LLC (35.0 percent) had substantially higher proportions of Hispanic applicants. Similarly, the top five lenders for Asian loan applicants in Chino were all lesser-known financial institutions. Asians represented approximately 29.9 percent of the total applicant pool for all lenders in 2011. However, Asians comprised the vast majority of the applicant pool for PMC Bancorp (71.4 percent) and Flagstar Bank (46.0 percent). • Subprime Lending Discrepancies by Race/Ethnicity: Although the incidence of loans with reported spread decreased overall since 2007, Black applicants continue to be more likely to receive subprime loans than any other race/ethnic group.
• Loans Purchased: Loan originators can minimize their risk by selling off the mortgage loans to investors. This practice has resulted in the mortgage crisis in the recent past. In 2011, Hispanic applicants were the most likely to have their government -backed home loans purchased by investors in the secondary market.

Action: The City, through its fair housing service provider, may include the monitoring of lending practices as part of the fair housing program scope of services. The City will also continue to provide information on financial literacy, foreclosure prevention services, and homebuyer education for residents. Finally, the City will continue to coordinate with local lenders to expand outreach activities with the goal of diversifying the lenders’ applicant profiles.

Advertising
Impediment: Both for -rent and for -sale listings on the internet show uses of potentially discriminatory language.

Action: The City, through its fair housing service provider, may consider increasing outreach and education to property owners, management companies, and real estate offices regarding appropriate language in advertising. Include local newspapers and outreach to internet listing sites regarding fair housing workshops and services available.

The City contracts with the Inland Fair Housing and Mediation Bo ard (IFHMB) for the provision of fair housing and tenant/landlord counseling services in an effort to overcome the effects of the impediments identified.
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CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long -term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements.

The City of Chino Development Services Department required all sub-recipients under the CDBG program to submit a quarterly grantee performance report, documenting the number, income, race/ethnicity, and household characteristics of the persons/households assisted. In addition, the Department co nducted annual site visits t o subrecipients to ensure the quality and location of services and the targeted beneficiaries are consistent with CDBG program guidelines, as well as the contracted scope of services specified in the agreements with the City.

All the programs were monitored and received an excellent rating. All subrecipients have a good understanding of the CDBG requirements and most have been long time sub -recipients. Due to the pandemic, remote monitoring was conducted.

The City pursued all resources and did not hinder Consolidated Plan implementation by action or willful inaction. All efforts were made to implement quality programs and complete projects within estimated time frames.

The City did not receive any requests to provide Certifica tion of Consistency with its Consolidated Plan during the program year.

Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.

The Draft CAPER report was available for a 15-day public review and comment period starting September 5, 2023 – September 19, 2023, which was public noticed in the Chino Champion on September 2, 2023.

The Draft CAPER was available for public review at two locations:
• City of Chino City Hall, 13220 Central Avenue, Chino
• City’s website:
https://www.cityofchino.org/city_hall/departments/community_development/cdbg Comments from the public are addressed and included in the final CAPER document submitted to HUD.

No public comments were received, and the document was brought before City Council on September 19, 2023.

128
CAPER 25
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.

The City made significant progress in meeting the quantified objectives established for Progra m Year 2022-2023. The City made a substantial amendment in September 2022 to the FY 2022 -2023 Annual Action Plan for the Community Development Block Grant (CDBG) Program to reallocate funds from FY 2021-2022 and FY 2022- 2023 in the amount of $549,597.94 t o the Monte Vista Park Project. This project will benefit 6,810 people living in the low - and moderate-income Census tracts, as well as 2,238 people living with limited abilities.

The City previously made a substantial amendment to the FY 2019 -2020 Annual Action Plan for the Community Development Block Grant (CDBG) Program to appropriate $787,859 to the CDBG-CV Program for allocation of Coronavirus Aid, Relief, and Economic Security Act (CARES Act) CDBG-CV funds, of which projects continued to be implemented in FY 2022-2023.

Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No.
[BEDI grantees] Describe accomplishments and program outcomes during the last year. 129
CAPER 26
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-58 – Section 3
Identify the number of individuals assisted and the types of assistance provided Total Labor Hours CDBG HOME ESG HOPWA HTF
Total Number of Activities 0 0 0 0 0
Total Labor Hours
Total Section 3 Worker Hours
Total Targeted Section 3 Worker Hours
Table 8 – Total Labor Hours
Qualitative Efforts - Number of Activities by Program CDBG HOME ESG HOPWA HTF Outreach efforts to generate job applicants who are Public Housing Targeted Workers
Outreach efforts to generate job applicants who are Other Funding Targeted Workers.

Direct, on-the job training (including apprenticeships).

Indirect training such as arranging for, contracting for, or paying tuition for, off-site training.

Technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching).

Outreach efforts to identify and secure bids from Section 3 business concerns.

Technical assistance to help Section 3 business concerns understand and bid on contracts.

Division of contracts into smaller jobs to facilitate participation by Section 3 business concerns.

Provided or connected residents with assistance in seeking employment including: drafting resumes,preparing for interviews, finding job opportunities, connecting residents to job placement services.

Held one or more job fairs.

Provided or connected residents with supportive services that can provide direct services or referrals.

Provided or connected residents with supportive services that provide one or more of the following: work readiness health screenings, interview clothing, uniforms, test fees, transportation.

Assisted residents with finding child care.

Assisted residents to apply for, or attend community college or a four year educational institution.

Assisted residents to apply for, or attend vocational/technical training.

Assisted residents to obtain financial literacy training and/or coaching.

Bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns.

Provided or connected residents with training on computer use or online technologies.

Promoting the use of a business registry designed to create opportunities for disadvantaged and small businesses.

Outreach, engagement, or referrals with the state one-stop system, as designed in Section 121(e)(2) of the Workforce Innovation and Opportunity Act.

Other.

Table 9 – Qualitative Efforts - Number of Activities by Program Narrative
130
CAPER 27
OMB Control No: 2506-0117 (exp. 09/30/2021)

APPENDIX A – IDIS REPORTS

• PR01 - HUD Grants and Program Income
• PR03 - CDBG – CDBG_R Activity Summary Report
• PR06 - Summary of Consolidated Plan Projects for Report Year • PR09 - Receipt Fund Type Detail Report
• PR23 - CDBG Summary of Accomplishments
• PR26 - CDBG Financial Summary Report

131
U.S. DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

OFFICE OF COMMUNITY PLANNING AND

DEVELOPMENT
PR01 - HUD Grants and Program Income
DATE: 8/21/2023
TIME: 9:47:44 PM
PAGE: 1/8
IDIS
1/8
Program Fund
Type Grantee Name Grantee State CodeGrant Year Grant Number Metrics Authorized Amount
CDBG

GRANTEE TOTALS
EN
SL
PI
CHINO
EN Subtotal:

CHINO
SL Subtotal:

CHINO
PI Subtotal:

CA
CA
CA
1988
1989
1990
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
CHINO Subtotal:
2002
CHINO Subtotal:
1996
1999
2001
2004
2007
2014
CHINO Subtotal:

B88MC060564
B89MC060564
B90MC060564
B91MC060564
B92MC060564
B93MC060564
B94MC060564
B95MC060564
B96MC060564
B97MC060564
B98MC060564
B99MC060564
B00MC060564
B01MC060564
B02MC060564
B03MC060564
B04MC060564
B05MC060564
B06MC060564
B07MC060564
B08MC060564
B09MC060564
B10MC060564
B11MC060564
B12MC060564
B13MC060564
B14MC060564
B15MC060564
B16MC060564
B17MC060564
B18MC060564
B19MC060564
B20MC060564
B21MC060564
B22MC060564
B02MC060564
B02MC060564-OLD
B96MC060564
B99MC060564
B01MC060564
B04MC060564
B07MC060564
B14MC060564
$370,000.00
$391,000.00
$389,000.00
$435,000.00
$461,000.00
$543,000.00
$591,000.00
$759,000.00
$738,000.00
$727,000.00
$700,000.00
$704,000.00
$702,000.00
$726,000.00
$709,000.00
$745,000.00
$733,000.00
$697,721.00
$636,623.00
$635,673.00
$615,031.00
$628,588.00
$678,911.00
$564,658.00
$437,125.00
$487,492.00
$476,296.00
$486,851.00
$466,402.00
$469,987.00
$514,103.00
$554,114.00
$561,684.00
$594,876.00
$591,996.00
$20,521,131.00
$20,521,131.00
$0.00
$2,000,000.00
$2,000,000.00
$2,000,000.00
$16,316.00
$57,260.00
$9,695.00
$34,835.40
$225.00
$8,090.00
$126,421.40
$126,421.40
$22,647,552.40
132
U.S. DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

OFFICE OF COMMUNITY PLANNING AND

DEVELOPMENT
PR01 - HUD Grants and Program Income
DATE: 8/21/2023
TIME: 9:47:44 PM
PAGE: 2/8
IDIS
2/8
Program Fund
Type Grantee Name Grantee State CodeGrant Year Grant Number Metrics Suballocated Amount
CDBG

GRANTEE TOTALS
EN
SL
PI
CHINO
EN Subtotal:

CHINO
SL Subtotal:

CHINO
PI Subtotal:

B88MC060564
B89MC060564
B90MC060564
B91MC060564
B92MC060564
B93MC060564
B94MC060564
B95MC060564
B96MC060564
B97MC060564
B98MC060564
B99MC060564
B00MC060564
B01MC060564
B02MC060564
B03MC060564
B04MC060564
B05MC060564
B06MC060564
B07MC060564
B08MC060564
B09MC060564
B10MC060564
B11MC060564
B12MC060564
B13MC060564
B14MC060564
B15MC060564
B16MC060564
B17MC060564
B18MC060564
B19MC060564
B20MC060564
B21MC060564
B22MC060564
B02MC060564
B02MC060564-OLD
B96MC060564
B99MC060564
B01MC060564
B04MC060564
B07MC060564
B14MC060564
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
133
U.S. DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

OFFICE OF COMMUNITY PLANNING AND

DEVELOPMENT
PR01 - HUD Grants and Program Income
DATE: 8/21/2023
TIME: 9:47:44 PM
PAGE: 3/8
IDIS
3/8
Program Fund
Type Grantee Name Grantee State CodeGrant Year Grant Number Metrics Amount
Committed to
Activities
CDBG

GRANTEE TOTALS
EN
SL
PI
CHINO
EN Subtotal:

CHINO
SL Subtotal:

CHINO
PI Subtotal:

B88MC060564
B89MC060564
B90MC060564
B91MC060564
B92MC060564
B93MC060564
B94MC060564
B95MC060564
B96MC060564
B97MC060564
B98MC060564
B99MC060564
B00MC060564
B01MC060564
B02MC060564
B03MC060564
B04MC060564
B05MC060564
B06MC060564
B07MC060564
B08MC060564
B09MC060564
B10MC060564
B11MC060564
B12MC060564
B13MC060564
B14MC060564
B15MC060564
B16MC060564
B17MC060564
B18MC060564
B19MC060564
B20MC060564
B21MC060564
B22MC060564
B02MC060564
B02MC060564-OLD
B96MC060564
B99MC060564
B01MC060564
B04MC060564
B07MC060564
B14MC060564
$370,000.00
$391,000.00
$389,000.00
$435,000.00
$461,000.00
$543,000.00
$591,000.00
$759,000.00
$738,000.00
$727,000.00
$700,000.00
$704,000.00
$702,000.00
$726,000.00
$709,000.00
$745,000.00
$733,000.00
$697,721.00
$636,623.00
$635,673.00
$615,031.00
$628,588.00
$678,911.00
$564,658.00
$437,125.00
$487,492.00
$476,296.00
$486,851.00
$466,402.00
$469,987.00
$514,103.00
$554,114.00
$561,684.00
$594,876.00
$591,988.94
$20,521,123.94
$20,521,123.94
$0.00
$0.00
$0.00
$0.00
$16,316.00
$57,260.00
$9,695.00
$34,835.40
$225.00
$8,090.00
$126,421.40
$126,421.40
$20,647,545.34
134
U.S. DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

OFFICE OF COMMUNITY PLANNING AND

DEVELOPMENT
PR01 - HUD Grants and Program Income
DATE: 8/21/2023
TIME: 9:47:44 PM
PAGE: 4/8
IDIS
4/8
Program Fund
Type Grantee Name Grantee State CodeGrant Year Grant Number Metrics Net Drawn Amount
CDBG

GRANTEE TOTALS
EN
SL
PI
CHINO
EN Subtotal:

CHINO
SL Subtotal:

CHINO
PI Subtotal:

B88MC060564
B89MC060564
B90MC060564
B91MC060564
B92MC060564
B93MC060564
B94MC060564
B95MC060564
B96MC060564
B97MC060564
B98MC060564
B99MC060564
B00MC060564
B01MC060564
B02MC060564
B03MC060564
B04MC060564
B05MC060564
B06MC060564
B07MC060564
B08MC060564
B09MC060564
B10MC060564
B11MC060564
B12MC060564
B13MC060564
B14MC060564
B15MC060564
B16MC060564
B17MC060564
B18MC060564
B19MC060564
B20MC060564
B21MC060564
B22MC060564
B02MC060564
B02MC060564-OLD
B96MC060564
B99MC060564
B01MC060564
B04MC060564
B07MC060564
B14MC060564
$370,000.00
$391,000.00
$389,000.00
$435,000.00
$461,000.00
$543,000.00
$591,000.00
$759,000.00
$738,000.00
$727,000.00
$700,000.00
$704,000.00
$702,000.00
$726,000.00
$709,000.00
$745,000.00
$733,000.00
$697,721.00
$636,623.00
$635,673.00
$615,031.00
$628,588.00
$678,911.00
$564,658.00
$437,125.00
$487,492.00
$476,296.00
$486,851.00
$451,402.00
$469,987.00
$514,103.00
$554,114.00
$495,778.46
$354,046.00
$434,904.35
$20,042,303.81
$20,042,303.81
$0.00
$0.00
$0.00
$0.00
$16,316.00
$57,260.00
$9,695.00
$34,835.40
$225.00
$8,090.00
$126,421.40
$126,421.40
$20,168,725.21
135
U.S. DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

OFFICE OF COMMUNITY PLANNING AND

DEVELOPMENT
PR01 - HUD Grants and Program Income
DATE: 8/21/2023
TIME: 9:47:44 PM
PAGE: 5/8
IDIS
5/8
Program Fund
Type Grantee Name Grantee State CodeGrant Year Grant Number Metrics FY YTD Net Draw Amount
CDBG

GRANTEE TOTALS
EN
SL
PI
CHINO
EN Subtotal:

CHINO
SL Subtotal:

CHINO
PI Subtotal:

B88MC060564
B89MC060564
B90MC060564
B91MC060564
B92MC060564
B93MC060564
B94MC060564
B95MC060564
B96MC060564
B97MC060564
B98MC060564
B99MC060564
B00MC060564
B01MC060564
B02MC060564
B03MC060564
B04MC060564
B05MC060564
B06MC060564
B07MC060564
B08MC060564
B09MC060564
B10MC060564
B11MC060564
B12MC060564
B13MC060564
B14MC060564
B15MC060564
B16MC060564
B17MC060564
B18MC060564
B19MC060564
B20MC060564
B21MC060564
B22MC060564
B02MC060564
B02MC060564-OLD
B96MC060564
B99MC060564
B01MC060564
B04MC060564
B07MC060564
B14MC060564
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$43,182.81
$259,613.31
$181,505.11
$89,578.47
$434,904.35
$1,008,784.05
$1,008,784.05
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$1,008,784.05
136
U.S. DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

OFFICE OF COMMUNITY PLANNING AND

DEVELOPMENT
PR01 - HUD Grants and Program Income
DATE: 8/21/2023
TIME: 9:47:44 PM
PAGE: 6/8
IDIS
6/8
Program Fund
Type Grantee Name Grantee State CodeGrant Year Grant Number Metrics Available to Commit
CDBG

GRANTEE TOTALS
EN
SL
PI
CHINO
EN Subtotal:

CHINO
SL Subtotal:

CHINO
PI Subtotal:

B88MC060564
B89MC060564
B90MC060564
B91MC060564
B92MC060564
B93MC060564
B94MC060564
B95MC060564
B96MC060564
B97MC060564
B98MC060564
B99MC060564
B00MC060564
B01MC060564
B02MC060564
B03MC060564
B04MC060564
B05MC060564
B06MC060564
B07MC060564
B08MC060564
B09MC060564
B10MC060564
B11MC060564
B12MC060564
B13MC060564
B14MC060564
B15MC060564
B16MC060564
B17MC060564
B18MC060564
B19MC060564
B20MC060564
B21MC060564
B22MC060564
B02MC060564
B02MC060564-OLD
B96MC060564
B99MC060564
B01MC060564
B04MC060564
B07MC060564
B14MC060564
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$7.06
$7.06
$7.06
$0.00
$2,000,000.00
$2,000,000.00
$2,000,000.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$2,000,007.06
137
U.S. DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

OFFICE OF COMMUNITY PLANNING AND

DEVELOPMENT
PR01 - HUD Grants and Program Income
DATE: 8/21/2023
TIME: 9:47:44 PM
PAGE: 7/8
IDIS
7/8
Program Fund
Type Grantee Name Grantee State CodeGrant Year Grant Number Metrics Available to Draw
CDBG

GRANTEE TOTALS
EN
SL
PI
CHINO
EN Subtotal:

CHINO
SL Subtotal:

CHINO
PI Subtotal:

B88MC060564
B89MC060564
B90MC060564
B91MC060564
B92MC060564
B93MC060564
B94MC060564
B95MC060564
B96MC060564
B97MC060564
B98MC060564
B99MC060564
B00MC060564
B01MC060564
B02MC060564
B03MC060564
B04MC060564
B05MC060564
B06MC060564
B07MC060564
B08MC060564
B09MC060564
B10MC060564
B11MC060564
B12MC060564
B13MC060564
B14MC060564
B15MC060564
B16MC060564
B17MC060564
B18MC060564
B19MC060564
B20MC060564
B21MC060564
B22MC060564
B02MC060564
B02MC060564-OLD
B96MC060564
B99MC060564
B01MC060564
B04MC060564
B07MC060564
B14MC060564
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$15,000.00
$0.00
$0.00
$0.00
$65,905.54
$240,830.00
$157,091.65
$478,827.19
$478,827.19
$0.00
$2,000,000.00
$2,000,000.00
$2,000,000.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$2,478,827.19
138
U.S. DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

OFFICE OF COMMUNITY PLANNING AND

DEVELOPMENT
PR01 - HUD Grants and Program Income
DATE: 8/21/2023
TIME: 9:47:44 PM
PAGE: 8/8
IDIS
8/8
Program Fund
Type Grantee Name Grantee State CodeGrant Year Grant Number Metrics Recapture Amount
CDBG

GRANTEE TOTALS
EN
SL
PI
CHINO
EN Subtotal:

CHINO
SL Subtotal:

CHINO
PI Subtotal:

B88MC060564
B89MC060564
B90MC060564
B91MC060564
B92MC060564
B93MC060564
B94MC060564
B95MC060564
B96MC060564
B97MC060564
B98MC060564
B99MC060564
B00MC060564
B01MC060564
B02MC060564
B03MC060564
B04MC060564
B05MC060564
B06MC060564
B07MC060564
B08MC060564
B09MC060564
B10MC060564
B11MC060564
B12MC060564
B13MC060564
B14MC060564
B15MC060564
B16MC060564
B17MC060564
B18MC060564
B19MC060564
B20MC060564
B21MC060564
B22MC060564
B02MC060564
B02MC060564-OLD
B96MC060564
B99MC060564
B01MC060564
B04MC060564
B07MC060564
B14MC060564
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
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2 - CDBG COMMITTED FUNDS ADJUSTMENTIDIS Activity:

Project: 0007 - CONVERTED CDBG ACTIVITIES
PGM Year: 1994
Description:

Other Public Services Not Listed in
05A-05Y, 03T (05Z)
Matrix Code:

Objective:

Outcome:

Open 10/10/2001 12:00:00 AM
,
National Objective: LMA
Status:

Location:
01/01/0001Initial Funding Date:

Activity to prevent, prepare for, and respond to Coronavirus: No Financing
Fund Type Grant Year Grant Funded Amount Drawn In Program Year Drawn Thru Program Year Total

CDBG EN
Total
Pre-2015
1988
1989
1990
1991
1992
1993
1994
1995
2001
2009
B88MC060564
B89MC060564
B90MC060564
B91MC060564
B92MC060564
B93MC060564
B94MC060564
B95MC060564
B01MC060564
B09MC060564
$2,860,618.20 $0.00 $0.00
$0.00 $370,000.00
$0.00 $391,000.00
$0.00 $375,293.28
$0.00 $400,065.32
$0.00 $342,179.14
$0.00 $421,788.02
$0.00 $306,123.32
$0.00 $258,844.12
$0.00 ($4,675.00)
$0.00 $0.00
$2,860,618.20 $0.00 $2,860,618.20
Proposed Accomplishments
Annual Accomplishments
No data returned for this view. This might be because the applied filter excludes all data. 140
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675 - Monte Vista Park Project (2019)IDIS Activity:

Project: 0011 - Public Improvements Program-Monte Vista Park Project PGM Year: 2019
Description:

Parks, Recreational Facilities (03F)Matrix Code:

Availability/accessibility
Create suitable living environmentsObjective:

Outcome:

Open
13220 Central Ave Chino, CA 91710-4127
National Objective: LMA
Status:

Location:

This program will accomplish the renovations at Monte Vista Park. 09/26/2019Initial Funding Date:

Activity to prevent, prepare for, and respond to Coronavirus: No Financing
Fund Type Grant Year Grant Funded Amount Drawn In Program Year Drawn Thru Program Year Total

CDBG EN
Total
2017
2018
2019
2020
2021
2022
B17MC060564
B18MC060564
B19MC060564
B20MC060564
B21MC060564
B22MC060564
$62,517.41 $0.00 $62,517.41
$43,182.81 $43,182.81 $43,182.81
$298,724.55 $259,613.31 $298,724.55
$164,989.11 $164,989.11 $164,989.11
$89,578.47 $89,578.47 $89,578.47
$203,298.08 $203,298.08 $203,298.08
$862,290.43 $760,661.78 $862,290.43
Proposed Accomplishments
Public Facilities : 1,550
Total Population in Service Area: 14,895
Census Tract Percent Low / Mod: 45.72
Annual Accomplishments
Years Accomplishment Narrative # Benefitting
2019 During the 1st quarter Request for Proposals were publicly released on PlantBids for Landscape Architecture Services. A consultant for design services was contracted. Project is in design process. During the second quarter there were delays in project due to the request of proposal review process. The review committee requested additional time to review applications due to a high volume of proposals submitted. During the 3rd quarter an award for professional services was awarded for planning and design. The design services began in March. Due to COVID-19 there was a setback/delay in progress. During the 3rd quarter (April 2020) staff met on-site with RHA Landscape Architects, Planners to discuss pat of travel questions related to this project and to discuss additional work for the fiber optics infrastructure to be completed with this project.

The fiber optics portion of the project has a different funding souce and will not be charged to this grant. Delays in project are due to COVID-19 limitations during this quarter. The city expects to complete this project by end of June 2021. 141
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Years Accomplishment Narrative # Benefitting
2020
2021
2022
During the first quarter of 2020 changes to plans, accessibility, and encroachments related to this project with consultants were discussed.

Also, acquiring property adjacent to the park was came up and has delayed the plans process. The acquisition to this property will increase the park size and parking lot entrance. There were also many delays due to Covid-19 pandemic. During the second quarter the traffic division had to be involved to verify what options the City has for pedestrian access to the park with the expansion of the property. Delays in the process continued due to the pandemic which included limitations and absences during this quarter. During the 3rd quarter 2020-21 Project Coordinator addressed changes to plans to improve accessibility at the intersection and encroachments related to this project with consultants/City staff via email. Traffic division verified what options City has for pedestrian access to the park. Delays in project were due to COVID-19 limitations and absences during this quarter. During the 4th quarter 20-21 project still in design phase but working towards completing the plans for submittal to the Building Depart. The intersection and accessibilty concerns continue to hinder the progress but City is closer to finalizing the design.

Delays in project were due to COVID-19 limitations and absences during this quarter however those limitations have eased over the last month or so.

During the 1st quarter this activity has been in the design phase but working towards completing the plans for submittal to the building department. The intersection and accessibility concerns have been addressed and redrawn, getting closer to finalizing the design. Delays in progress during this quarter have been hindered by existing drainage, calculations for proper drainage had to be applied to ensure proper flow and confirm any blockages. During the 2nd quarter the project has continued to be in the design phase but working towards submittal of plans in January 2022. Delays have been caused by determining whether possible relocation of an existing fire hydrant and relocations of SCE light poles to progress on the plan submittal. During the 3rd quarter plans were submitted to the building and engineering department. Plan review process had comments and revisions were submitted in January, consultants are working on corrections. During the 4th quarter plans were submitted for final approval. Staff is waiting on approved plan set and permits to be issued. Several revisions to the plans and supply chain issues delaying lead times for purchasing. This activity will continue on to the next program year for completion in October 2022.

In September 2022 staff received bids for this project which came in much higher than the original planned budget from 2019. Staff met to discuss options; it was decided to cancel another open CDBG project to transfer funds to continue with the Monte Vista Park project for necessary improvements. A substantial amendment was processed and the project continued. A contract was awarded in October 2022 and work was commenced. Construction has continued and is estimated to be completed by the end of June 2023. 142
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686 - Old School House Museum Improvements (2020)IDIS Activity:

Project: 0009 - Public Improvements Program- Old School House Museum Improvements PGM Year: 2020
Description:

Neighborhood Facilities (03E)Matrix Code:

Availability/accessibility
Create suitable living environmentsObjective:

Outcome:

Completed 11/26/2022 2:35:42 PM
13220 Central Ave Chino, CA 91710-4127
National Objective: LMA
Status:

Location:

This program will accomplish the renovations at Old School House Museum. 01/09/2021Initial Funding Date:

Activity to prevent, prepare for, and respond to Coronavirus: No Financing
Fund Type Grant Year Grant Funded Amount Drawn In Program Year Drawn Thru Program Year Total

CDBG EN
Total
2017
2018
B17MC060564
B18MC060564
$658.93 $0.00 $658.93
$119,505.73 $585.00 $119,505.73
$120,164.66 $585.00 $120,164.66
Proposed Accomplishments
Public Facilities : 2
Total Population in Service Area: 20,615
Census Tract Percent Low / Mod: 45.82
Annual Accomplishments
Years Accomplishment Narrative # Benefitting
2020
2021
During the first quarter RHA Landscape Architects were contracted to provide conceptual design for the project which includes accessibility improvements. During the second quarter a geotechnical inspection was completed. Met with RHA Landscape Architects to discuss project and review plans. A kickoff meeting was held to discuss the project and future construction timeframe. During the 3rd quarter reporting period, two meeting were scheduled with Public Works, Engineering, and Building to discuss design services for the public right-of-way. There continued to be delays due to COVID-19. Continued reviewing and making changes to project design during the 4th quarter. Delays in project were due to COVID-19. Project will continue on into the next program year 2021-22.

During the first quarter the project manager reviewed architect plans for the project. Revisions made to project plans based on the on-site meeting with consultants. Plans will be submitted for formal plan review in the 2nd quarter. During the 2nd quarter the plans were submitted for 2nd review. During the 3rd quarter project plans submitted for review to the City's Development Review Committee (DRC) which includes Planning, Engineering, Environmental, Water, Traffic and Fire Department. First DRC meeting is scheduled for April 20, 2022. Delays on this project have been due to COVID-19. Other delays have been due to coordinating three separate projects to be completed within the same time period in the same area. These projects include accessibility improvements to the adjacent alleyway, public right of way improvements and other site improvements. During the 4th quarter this project has been prepared to take to Planning Commission on July 18, 2022 for approval.

Delays during the 4th quarter were due to plan approval process. 143
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693 - CV3-Distance Learning Homework Success Program (2019)IDIS Activity:

Project: 0014 - CV3- Distance Learning Homework Success Program PGM Year: 2019
Description:

Youth Services (05D)Matrix Code:

Availability/accessibility
Create suitable living environmentsObjective:

Outcome:

Open
13160 7th St Chino, CA 91710-4113
National Objective: LMC
Status:

Location:

Funds will be used for the Distance Learning Homework Success Program 04/13/2021Initial Funding Date:

Activity to prevent, prepare for, and respond to Coronavirus: Yes Financing
Fund Type Grant Year Grant Funded Amount Drawn In Program Year Drawn Thru Program Year Total

CDBG EN
Total
2020 B20MW060564 $85,464.00 $15,557.32 $48,182.52
$85,464.00 $15,557.32 $48,182.52
Proposed Accomplishments
People (General) : 110
Number assisted:

Actual Accomplishments
Person
Hispanic
0 2
0 0
1 0
0 0
0 0
0 4
50 57
White:

Black/African American:

Total:

Asian:

American Indian/Alaskan Native:

Native Hawaiian/Other Pacific Islander:

American Indian/Alaskan Native & White:

Asian White:

Black/African American & White:

American Indian/Alaskan Native & Black/African American:

Other multi-racial:

Asian/Pacific Islander:

Hispanic:

Owner
Total Hispanic
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
Renter
Total Hispanic
0 0
0 0
0 0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 Total
Total Hispanic Total
50 6
2 1
3 1
0 0
2 9
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0 0 74
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Female-headed Households: 0 0 0
Income Category:

Low Mod
Moderate
Extremely Low
Non Low Moderate
Total
Percent Low/Mod
Owner
0 0
0 0
0 Renter
0 0
0 0
0 Total
0 0
0 0
0 Person
38 16
10 0
64 100.0%
Annual Accomplishments
Years Accomplishment Narrative # Benefitting
2020
2021
2022
Due to the global pandemic Chino Unified School District was closed to in-person learning. School provided virtual learning. Chino staff has been able to successfully execute the Distance Learning Homework Success Program by providing a socially distant in-person homework help.

The program relies on technology to create a safe and innovative learning environment to students who are struggling or behind in school due to the COVID-19 pandemic.During the 3rd quarter 32 chino students enrolled in the program. During this quarter 18 additional students joined this program. The school year ended in May, which put a hold on the program until school resumes in August. This program will continue the next school year CDBG py 2021-22.

Additional funds were transferred into this activity from another CDBG-CV cancelled project to continue assisting students enrolled in the Chino Valley Unified School District. During the 1st quarter of this program year 17 Chino Valley Students were provided afterschool homework help.

The City of Chino Community Services Department staff has been able to successfully execute the Homework Success Program by providing an in-person homework help to students in Chino. The program relies on technology to create a safe and innovative learning environment to students who are struggling or behind in school caused by effects of distance learning due to COVID-10 pandemic. During the 2nd quarter 14 students were provided with homework help. The program is available on a referral basis by case manager from the HOPE Center at the School District offices. During the 3rd quarter 7 students were provided afterschool homework help. During the 4th quarter an additional 5 students were assisted with in-person homework help. This activity is on a referral basis only and provided to students having learning difficulties due to the closure of schools during the pandemic. A total of 42 students have received assistance this program year. This activity will continue through the next school year until funds are depleted.

During the first quarter of program year 2022-23 the city continued to offer homework help through the Homework Success Program for students that are struggling or behind in school caused by effects of distance learning due to the pandemic. The program offers in-person homework help to students in the Chino Valley School District. The program relies on technology to create a safe and innovative learning environment to qualifying students. During the first quarter 48 Chino students were assisted. During the second quarter 13 unduplicated students were assisted with homework help. The program is available by referrals through the HOPE center. During the third quarter 10 Chino students that are struggling or behind in school were assisted with homework help. During the 4th quarter 3 students were assisted with homework help. The City of Chino Community Services Department staff has been able to successfully execute the homework success program by providing an in-person homework help to students in Chino struggling due to distance learning in 2020-21 due to COVID-19 pandemic.
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695 - CV3-Emergency Rental Assistance (2019)IDIS Activity:

Project: 0016 - CV3- Emergency Rental Assistance
PGM Year: 2019
Description:

Subsistence Payment (05Q)Matrix Code:

Affordability
Provide decent affordable housingObjective:

Outcome:

Completed 4/19/2023 12:00:00 AM
13160 7th St Chino, CA 91710-4113
National Objective: LMC
Status:

Location:

Funds will be used to provide rental subsidies to those impacted by the COVID 19 pandemic 04/13/2021Initial Funding Date:

Activity to prevent, prepare for, and respond to Coronavirus: Yes Financing
Fund Type Grant Year Grant Funded Amount Drawn In Program Year Drawn Thru Program Year Total

CDBG EN
Total
2020 B20MW060564 $325,644.17 $20,952.48 $325,644.17
$325,644.17 $20,952.48 $325,644.17
Proposed Accomplishments
People (General) : 240
Number assisted:

Actual Accomplishments
Person
Hispanic
0 0
0 0
0 0
0 0
0 0
0 0
1 1
White:

Black/African American:

Total:

Asian:

American Indian/Alaskan Native:

Native Hawaiian/Other Pacific Islander:

American Indian/Alaskan Native & White:

Asian White:

Black/African American & White:

American Indian/Alaskan Native & Black/African American:

Other multi-racial:

Asian/Pacific Islander:

Hispanic:

Owner
Total Hispanic
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
Renter
Total Hispanic
0 0
0 0
0 0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 Total
Total Hispanic Total
2 1
0 0
0 0
0 1
0 1
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0 0 5
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Female-headed Households: 0 22 22
Income Category:

Low Mod
Moderate
Extremely Low
Non Low Moderate
Total
Percent Low/Mod
Owner
0 0
0 0
0 Renter
0 0
0 0
0 Total
0 0
0 0
0 Person
5 0
0 0
5 100.0%
Annual Accomplishments
Years Accomplishment Narrative # Benefitting
2020
2021
2022
In 2020 the program guidelines were drafted. This program will continue on to the next program year until all funds are expended.

In January 2021 the city received an additional award of CARES Act funds. Development Services and Community Services staff worked together to implement the ERAP. Assistance was provided to 23 Chino households that experienced a financial hardship due to the COVID-19 pandemic during the first quarter. Assistance will provide up to 3 months of rental payments. During the second quarter of this program 15 chino households received rental assistance. During the third quarter of this program 5 chino households received rental assistance. During the fourth quarter of this program 15 chino households received rental assistance. This program will continue on to the next program year until all funds are expended.

During the first quarter of 2022 5 Chino residents that have been affected financially by the pandemic were assisted with rental assistance payments. All funds have been expended for this program and has now been closed. The city will continue to offer rental assistance through other programs using other funding.
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696 - CDBG Administration (2021)IDIS Activity:

Project: 0001 - CDBG Administration
PGM Year: 2021
Description:

General Program Administration (21A)Matrix Code:

Objective:

Outcome:

Completed 9/1/2022 2:07:27 PM
,
National Objective:

Status:

Location:

Funds are used for general management, monitoring, and oversight of the CDBG Program, including the preparation of the 5-Year Consolidated Plan, Analysis of Impediments to Fair Housing, Annual Action Plan and CAPER.
12/17/2021Initial Funding Date:

Activity to prevent, prepare for, and respond to Coronavirus: No Financing
Fund Type Grant Year Grant Funded Amount Drawn In Program Year Drawn Thru Program Year Total

CDBG EN
Total
2021 B21MC060564 $44,184.86 $12,416.51 $44,184.86
$44,184.86 $12,416.51 $44,184.86
Proposed Accomplishments
Number assisted:

Actual Accomplishments
Person
Hispanic
0 White:

Black/African American:

Total:

Asian:

American Indian/Alaskan Native:

Native Hawaiian/Other Pacific Islander:

American Indian/Alaskan Native & White:

Asian White:

Black/African American & White:

American Indian/Alaskan Native & Black/African American:

Other multi-racial:

Asian/Pacific Islander:

Hispanic:

Owner
Total Hispanic
0 0
Renter
Total Hispanic
0 0
Total
Total Hispanic Total
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0 0
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Female-headed Households: 0
Income Category:

Low Mod
Moderate
Extremely Low
Non Low Moderate
Total
Percent Low/Mod
Owner
0 Renter
0 Total
0 0
0 0
0 Person
0 Annual Accomplishments
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697 - Fair Housing Services (2021)IDIS Activity:

Project: 0002 - Fair Housing Services
PGM Year: 2021
Description:

Fair Housing Activities (subject to
20% Admin Cap) (21D)
Matrix Code:

Objective:

Outcome:

Completed 9/1/2022 2:07:10 PM
,
National Objective:

Status:

Location:

The Inland Fair Housing and Mediation Board offers comprehensive fair housing services.

They investigate and process housing discrimination complaints, along with education and outreach services. 12/18/2021Initial Funding Date:

Activity to prevent, prepare for, and respond to Coronavirus: No Financing
Fund Type Grant Year Grant Funded Amount Drawn In Program Year Drawn Thru Program Year Total

CDBG EN
Total
2020
2021
B20MC060564
B21MC060564
$270.00 $0.00 $270.00
$17,730.00 $6,882.59 $17,730.00
$18,000.00 $6,882.59 $18,000.00
Proposed Accomplishments
Number assisted:

Actual Accomplishments
Person
Hispanic
White:

Black/African American:

Asian:

American Indian/Alaskan Native:

Native Hawaiian/Other Pacific Islander:

American Indian/Alaskan Native & White:

Asian White:

Black/African American & White:

American Indian/Alaskan Native & Black/African American:

Other multi-racial:

Asian/Pacific Islander:

Hispanic:

Owner
Total Hispanic
Renter
Total Hispanic
Total
Total Hispanic Total
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
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0Total: 0 0 0 0 0 0 0
Female-headed Households: 0
Income Category:

Low Mod
Moderate
Extremely Low
Non Low Moderate
Total
Percent Low/Mod
Owner
0 Renter
0 Total
0 0
0 0
0 Person
0 Annual Accomplishments
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698 - Landlord Tenant Mediation Services (2021)IDIS Activity:

Project: 0003 - Landlord Tenant Mediation Services
PGM Year: 2021
Description:

Fair Housing Activities (subject to
20% Admin Cap) (21D)
Matrix Code:

Objective:

Outcome:

Completed 9/1/2022 2:06:47 PM
,
National Objective:

Status:

Location:

The City will contract with the Inland Fair Housing and Mediation Board to provide landlord tenant mediation services. 12/18/2021Initial Funding Date:

Activity to prevent, prepare for, and respond to Coronavirus: No Financing
Fund Type Grant Year Grant Funded Amount Drawn In Program Year Drawn Thru Program Year Total

CDBG EN
Total
2021 B21MC060564 $13,000.00 $5,092.37 $13,000.00
$13,000.00 $5,092.37 $13,000.00
Proposed Accomplishments
Number assisted:

Actual Accomplishments
Person
Hispanic
0 White:

Black/African American:

Total:

Asian:

American Indian/Alaskan Native:

Native Hawaiian/Other Pacific Islander:

American Indian/Alaskan Native & White:

Asian White:

Black/African American & White:

American Indian/Alaskan Native & Black/African American:

Other multi-racial:

Asian/Pacific Islander:

Hispanic:

Owner
Total Hispanic
0 0
Renter
Total Hispanic
0 0
Total
Total Hispanic Total
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0 0
Female-headed Households: 0
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Income Category:

Low Mod
Moderate
Extremely Low
Non Low Moderate
Total
Percent Low/Mod
Owner
0 Renter
0 Total
0 0
0 0
0 Person
0 Annual Accomplishments
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699 - Public Works Graffiti Abatement (2021)IDIS Activity:

Project: 0004 - Public Works Graffiti Abatement
PGM Year: 2021
Description:

Neighborhood Cleanups (05V)Matrix Code:

Sustainability
Create suitable living environmentsObjective:

Outcome:

Completed 9/1/2022 1:56:38 PM
13201 Central Ave Chino, CA 91710-4128
National Objective: LMA
Status:

Location:

This program removes incidents of graffiti in order to avoid slumblight in low- and moderate-income neighborhoods. 12/18/2021Initial Funding Date:

Activity to prevent, prepare for, and respond to Coronavirus: No Financing
Fund Type Grant Year Grant Funded Amount Drawn In Program Year Drawn Thru Program Year Total

CDBG EN
Total
2021 B21MC060564 $10,679.55 $381.40 $10,679.55
$10,679.55 $381.40 $10,679.55
Proposed Accomplishments
People (General) : 13,000
Total Population in Service Area: 22,210
Census Tract Percent Low / Mod: 49.57
Annual Accomplishments
Years Accomplishment Narrative # Benefitting
2021 During the first quarter reporting period the Graffiti Abatement program responded to 5,210 incidents of graffiti reports. The graffiti crew removed 4,059 incidents in the CDBG (low-mod income areas). They also removed 1,151 incidents city wide. During the second quarter Graffiti Abatement removed 11,322 incidents in the CDBG (low-mod income areas). They also removed 1,772 incidents citywide. The graffiti crew continues using recycled paint that is obtained through the purchasing process. During the third quarter reporting period 9,811 incidents removed in the CDBG (low-mod income areas) 1,014 incidents were removed citywide. During the 4th quarter 4,079 incidents were reported and removed in the CDBG (low-mod income areas of the city). The graffiti crew continues using recycled paint that is obtained through the purchasing process.
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Page:PR03 - CHINO 16 of 50
700 - Family Counseling Program (2021)IDIS Activity:

Project: 0005 - Family Counseling Program
PGM Year: 2021
Description:

Services for victims of domestic
violence, dating violence, sexual
assault or stalking (05G)
Matrix Code:

Availability/accessibility
Create suitable living environmentsObjective:

Outcome:

Completed 9/1/2022 1:55:38 PM
13201 Central Ave Chino, CA 91710-4128
National Objective: LMC
Status:

Location:

City operated public service program to assist families with resolving family problems and disputes with specific emphasis on those that have been victims or are potential victims of family violence.
12/18/2021Initial Funding Date:

Activity to prevent, prepare for, and respond to Coronavirus: No Financing
Fund Type Grant Year Grant Funded Amount Drawn In Program Year Drawn Thru Program Year Total

CDBG EN
Total
2021 B21MC060564 $25,933.74 $11,600.00 $25,933.74
$25,933.74 $11,600.00 $25,933.74
Proposed Accomplishments
People (General) : 300
Number assisted:

Actual Accomplishments
Person
Hispanic
0 10
0 1
0 0
2 0
0 0
0 18
64White:

Black/African American:

Asian:

American Indian/Alaskan Native:

Native Hawaiian/Other Pacific Islander:

American Indian/Alaskan Native & White:

Asian White:

Black/African American & White:

American Indian/Alaskan Native & Black/African American:

Other multi-racial:

Asian/Pacific Islander:

Hispanic:

Owner
Total Hispanic
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
Renter
Total Hispanic
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
Total
Total Hispanic Total
69 11
2 2
0 0
2 2
0 20
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 155
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Page:PR03 - CHINO 17 of 50
95Total: 0 0 0 0 0 0 108
Female-headed Households: 0 0 0
Income Category:

Low Mod
Moderate
Extremely Low
Non Low Moderate
Total
Percent Low/Mod
Owner
0 0
0 0
0 Renter
0 0
0 0
0 Total
0 0
0 0
0 Person
24 47
37 0
108
100.0%
Annual Accomplishments
Years Accomplishment Narrative # Benefitting
2021 The Human Services, Family Counseling provided services to 57 clients during the first quarter. Chino Human Services has seen an increase in the number of individuals seeking mental health services during the COVID-19 pandemic. Human Services provides counseling services for both Spanish and English speaking Chino resident clients. In addition to counseling services, Human Services staff provided referrals to clients to local resource like food, shelter, healthy living, childcare and other agencies that can provide drug and alcohol counseling as well as referrals to licensed mental health professionals. During the second quarter reporting period counseling was provided to 9 additional Chino resident clients. During the third quarter reporting period 15 additional Chino residents were assisted with counseling services. During the 4th quarter 27 Chino residents were provided counseling services for both Spanish and English speaking clients. In addition to counseling services staff provides referrals to clients to local resource like food, shelter, healthy living, childcare and other agencies that can provide drug and alcohol counseling as well as referrals to licensed mental health professionals. The Chino community continues to have access to the Family Counseling information via the City of Chino website, brochures offered at all city facilities. National Mental Health Awareness Month proclamation at the City of Chino Council meeting was announced at the May meeting. 156
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Page:PR03 - CHINO 18 of 50
701 - Inland Valley HOPE Partners (2021)IDIS Activity:

Project: 0006 - Inland Valley HOPE Partners
PGM Year: 2021
Description:

Food Banks (05W)Matrix Code:

Availability/accessibility
Create suitable living environmentsObjective:

Outcome:

Completed 9/1/2022 1:55:09 PM
5581 Daniels St Ste F Chino, CA 91710-9039
National Objective: LMC
Status:

Location:

The City will contract with the Inland Valley HOPE Partners to provide food, shelter and clothing assistance to those on the verge of homelessness. 12/18/2021Initial Funding Date:

Activity to prevent, prepare for, and respond to Coronavirus: No Financing
Fund Type Grant Year Grant Funded Amount Drawn In Program Year Drawn Thru Program Year Total

CDBG EN
Total
2021 B21MC060564 $10,000.00 $2,285.28 $10,000.00
$10,000.00 $2,285.28 $10,000.00
Proposed Accomplishments
People (General) : 550
Number assisted:

Actual Accomplishments
Person
Hispanic
0 1
0 0
0 0
0 0
0 0
0 6
108
115
White:

Black/African American:

Total:

Asian:

American Indian/Alaskan Native:

Native Hawaiian/Other Pacific Islander:

American Indian/Alaskan Native & White:

Asian White:

Black/African American & White:

American Indian/Alaskan Native & Black/African American:

Other multi-racial:

Asian/Pacific Islander:

Hispanic:

Owner
Total Hispanic
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
Renter
Total Hispanic
0 0
0 0
0 0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 Total
Total Hispanic Total
156
10 33
0 3
0 0
2 0
7 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0 211
157
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CDBG Activity Summary Report (GPR) for Program Year 2022 CHINO
Page:PR03 - CHINO 19 of 50
Female-headed Households: 0 0 0
Income Category:

Low Mod
Moderate
Extremely Low
Non Low Moderate
Total
Percent Low/Mod
Owner
0 0
0 0
0 Renter
0 0
0 0
0 Total
0 0
0 0
0 Person
131
49 31
0 211
100.0%
Annual Accomplishments
Years Accomplishment Narrative # Benefitting
2021 During the first quarter 39 Chino residents were assisted with food and other resources. Chino residents receive food, rental assistance, clothing vouchers and multiple resource information. Due to COVID mandates community outreach outside of the food banks was not provided.

However, fliers and resource information are available at the food pantry. During the second quarter 13 additional Chino residents were provided with food and resource information. During the third quarter 53 Chino residents were provided with food and rental assistance. During the 4th quarter 106 unduplicated Chino residents although 900 clients were provided service this quarter. Clients were provided with food, clothing vouchers and diapers. There were no delays in our service to clients. 158
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Page:PR03 - CHINO 20 of 50
702 - Home Improvement Grants (2021)IDIS Activity:

Project: 0007 - Home Improvement Grants
PGM Year: 2021
Description:

Rehab; Single-Unit Residential (14A)Matrix Code:

Sustainability
Provide decent affordable housingObjective:

Outcome:

Completed 2/15/2023 6:27:59 PM
12400 Cypress Ave Spc 14 Chino, CA 91710-2812
National Objective: LMH
Status:

Location:

This program funds home rehabilitation of qualified senior citizen households or homeowners with mobility disabilities. 12/18/2021Initial Funding Date:

Activity to prevent, prepare for, and respond to Coronavirus: No Financing
Fund Type Grant Year Grant Funded Amount Drawn In Program Year Drawn Thru Program Year Total

CDBG EN
Total
2021 B21MC060564 $69,980.19 $0.00 $69,980.19
$69,980.19 $0.00 $69,980.19
Proposed Accomplishments
Housing Units : 15
Number assisted:

Actual Accomplishments
Person
Hispanic
0 0
0 0
0 0
0 0
0 0
0 0
0 0
White:

Black/African American:

Total:

Asian:

American Indian/Alaskan Native:

Native Hawaiian/Other Pacific Islander:

American Indian/Alaskan Native & White:

Asian White:

Black/African American & White:

American Indian/Alaskan Native & Black/African American:

Other multi-racial:

Asian/Pacific Islander:

Hispanic:

Owner
Total Hispanic
8 7
2 0
10 7
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
Renter
Total Hispanic
0 0
0 0
0 0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 Total
Total Hispanic Total
0 0
0 0
0 0
0 0
0 0
0 8
2 0
0 0
0 0
0 0
0 0
0 7
0 0
0 0
0 0
0 0
0 0
0 10 7 0
159
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CDBG Activity Summary Report (GPR) for Program Year 2022 CHINO
Page:PR03 - CHINO 21 of 50
Female-headed Households: 8 0 8
Income Category:

Low Mod
Moderate
Extremely Low
Non Low Moderate
Total
Percent Low/Mod
Owner
0 10
0 0
10 100.0%
Renter
0 0
0 0
0 Total
0 10
0 0
10 100.0%
Person
0 0
0 0
0 Annual Accomplishments
Years Accomplishment Narrative # Benefitting
2021 During the first quarter reporting period 4 Chino residents were assisted with a Healthy Homes Grant for home improvement repairs to their home. Repairs to these residents are to address healthy and safety issues. During the second quarter there were no projects completed to count during this time frame. NPHS has continued to see a delay in projects due to the COVID pandemic. During the third quarter reporting period 6 Chino residents were assisted with housing repairs. During the 4th quarter 4 Chino residents (seniors or persons with mobility disabilities) with home repairs. NPHS continues to grow its presence in the City of Chino. NPHS will continue to advertise the Healthy Homes Grant program to continue to serve the city.
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Page:PR03 - CHINO 22 of 50
703 - Family Services Association Senior Nutrition Program (2021)IDIS Activity:

Project: 0008 - Family Services Association Senior Nutrition Program PGM Year: 2021
Description:

Senior Services (05A)Matrix Code:

Availability/accessibility
Create suitable living environmentsObjective:

Outcome:

Completed 9/1/2022 1:53:40 PM
13201 Central Ave Chino, CA 91710-4128
National Objective: LMC
Status:

Location:

This program provides a home-delivered meal to seniors, which is administered by Family Services Association. 12/18/2021Initial Funding Date:

Activity to prevent, prepare for, and respond to Coronavirus: No Financing
Fund Type Grant Year Grant Funded Amount Drawn In Program Year Drawn Thru Program Year Total

CDBG EN
Total
2021 B21MC060564 $15,000.00 $0.00 $15,000.00
$15,000.00 $0.00 $15,000.00
Proposed Accomplishments
People (General) : 455
Number assisted:

Actual Accomplishments
Person
Hispanic
0 0
0 0
0 1
0 0
0 0
0 3
186
190
White:

Black/African American:

Total:

Asian:

American Indian/Alaskan Native:

Native Hawaiian/Other Pacific Islander:

American Indian/Alaskan Native & White:

Asian White:

Black/African American & White:

American Indian/Alaskan Native & Black/African American:

Other multi-racial:

Asian/Pacific Islander:

Hispanic:

Owner
Total Hispanic
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
Renter
Total Hispanic
0 0
0 0
0 0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 Total
Total Hispanic Total
280
19 54
3 2
1 0
0 0
9 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0 368
161
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CDBG Activity Summary Report (GPR) for Program Year 2022 CHINO
Page:PR03 - CHINO 23 of 50
Female-headed Households: 0 0 0
Income Category:

Low Mod
Moderate
Extremely Low
Non Low Moderate
Total
Percent Low/Mod
Owner
0 0
0 0
0 Renter
0 0
0 0
0 Total
0 0
0 0
0 Person
0 290
78 0
368
100.0%
Annual Accomplishments
Years Accomplishment Narrative # Benefitting
2021 During the first quarter of 21-22 FSA restarted serving hot meals at the Chino Senior Center. 40 Chino Seniors participated the month of July.

It began to increase through out the quarter with a total of 199 seniors given meals.There continues to be coverage issues due to COVID19 pandemic. During the second quarter 91 Chino Seniors were provided meals. FSA continues to serve hot meals daily at the Chino Senior Center. Covid positive contacts with staff have disrupted meal delivery on several occasions during the this quarter. During the 3rd quarter 43 Chino Senior residents were provided either at the Chino Senior Center or by home delivery. In addition to our daily meals, a Thanksgiving meal was provided to 208 individuals at the Chino Senior Center. During the 4th quarter 35 Chino seniors with provided meals. Covid positive contacts with staff have continued to disrupt meal delivery on several occasions. FSA and Chino staff have pitched n to assist one another with all the meal deliveries when possible. We will continue to promote the program through our social media channels. 162
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Page:PR03 - CHINO 24 of 50
704 - Chino Neighborhood House (2021)IDIS Activity:

Project: 0009 - Chino Neighborhood House
PGM Year: 2021
Description:

Food Banks (05W)Matrix Code:

Availability/accessibility
Create suitable living environmentsObjective:

Outcome:

Completed 9/1/2022 1:53:05 PM
13130 6th St Chino, CA 91710-4105
National Objective: LMC
Status:

Location:

The City will contract with Chino Neighborhood House to provide food and clothing assistance to those on the verge of homelessness. 12/18/2021Initial Funding Date:

Activity to prevent, prepare for, and respond to Coronavirus: No Financing
Fund Type Grant Year Grant Funded Amount Drawn In Program Year Drawn Thru Program Year Total

CDBG EN
Total
2021 B21MC060564 $14,996.23 $0.00 $14,996.23
$14,996.23 $0.00 $14,996.23
Proposed Accomplishments
People (General) : 1,110
Number assisted:

Actual Accomplishments
Person
Hispanic
0 0
0 0
0 0
0 0
0 0
0 0
576
576
White:

Black/African American:

Total:

Asian:

American Indian/Alaskan Native:

Native Hawaiian/Other Pacific Islander:

American Indian/Alaskan Native & White:

Asian White:

Black/African American & White:

American Indian/Alaskan Native & Black/African American:

Other multi-racial:

Asian/Pacific Islander:

Hispanic:

Owner
Total Hispanic
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
Renter
Total Hispanic
0 0
0 0
0 0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 Total
Total Hispanic Total
653
11 25
6 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0 695
163
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Page:PR03 - CHINO 25 of 50
Female-headed Households: 0 0 0
Income Category:

Low Mod
Moderate
Extremely Low
Non Low Moderate
Total
Percent Low/Mod
Owner
0 0
0 0
0 Renter
0 0
0 0
0 Total
0 0
0 0
0 Person
334
187
146
28 695

96.0%
Annual Accomplishments
Years Accomplishment Narrative # Benefitting
2021 During the first quarter 364 Chino households were provided with groceries. School supplies were provided to families with children. During the second quarter 266 Chino households were provided with groceries. Also, Thanksgiving meals were provided to 500 families in November.

Christmas gifts, new bikes and meals were provided to over 200 families. Home delivery meals were provided to 55 seniors during the holiday season. During the third quarter 41 unduplicated households were provided groceries and hygiene packages. Home delivery meals were also provided to 60 senior citizens in January. During the fourth quarter 24 unduplicated households were provided with groceries. 60 seniors were provided home delivery meals. Chino Neighborhood House promotes services via social media. Chino Neighborhood House local agencies to inform them of services they provide.
164
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Project: 0010 - House of Ruth
PGM Year: 2021
Description:

Services for victims of domestic
violence, dating violence, sexual
assault or stalking (05G)
Matrix Code:

Availability/accessibility
Create suitable living environmentsObjective:

Outcome:

Completed 9/1/2022 1:52:18 PM
Address Suppressed
National Objective: LMC
Status:

Location:

This program assists persons who are victims of domestic violence by providing short-term shelter and transitional housing, counseling, outreach, education, and prevention services to battered and abused spouses and their children.
12/18/2021Initial Funding Date:

Activity to prevent, prepare for, and respond to Coronavirus: No Financing
Fund Type Grant Year Grant Funded Amount Drawn In Program Year Drawn Thru Program Year Total

CDBG EN
Total
2021 B21MC060564 $12,597.00 $3,762.55 $12,597.00
$12,597.00 $3,762.55 $12,597.00
Proposed Accomplishments
People (General) : 50
Number assisted:

Actual Accomplishments
Person
Hispanic
0 2
0 2
0 1
0 0
0 0
1 4
18White:

Black/African American:

Asian:

American Indian/Alaskan Native:

Native Hawaiian/Other Pacific Islander:

American Indian/Alaskan Native & White:

Asian White:

Black/African American & White:

American Indian/Alaskan Native & Black/African American:

Other multi-racial:

Asian/Pacific Islander:

Hispanic:

Owner
Total Hispanic
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
Renter
Total Hispanic
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
Total
Total Hispanic Total
30 3
1 2
1 0
0 0
0 8
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 165
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Page:PR03 - CHINO 27 of 50
28Total: 0 0 0 0 0 0 45
Female-headed Households: 0 0 0
Income Category:

Low Mod
Moderate
Extremely Low
Non Low Moderate
Total
Percent Low/Mod
Owner
0 0
0 0
0 Renter
0 0
0 0
0 Total
0 0
0 0
0 Person
32 9
4 0
45 100.0%
Annual Accomplishments
Years Accomplishment Narrative # Benefitting
2021 During the first reporting period House of Ruth assisted 12 Chino residents. House of Ruth has had a constant flow of people calling to begin services, primarily requesting DV support and legal services. Legal assistance was the most requested services this quarter. Callers have also been seeking housing assistance. During the second quarter House of Ruth assisted 8 Chino residents with emotional support, domestic violence counseling/support. Clients largest challenge continues to be housing. House of Ruth has partnered with agencies to find housing assistance. During the third quarter reporting period House of Ruth assisted 13 Chino resident clients with domestic violence support counseling services. House of Ruth continues to provide outreach programs to Chino Valley School District, and other community services. House of Ruth has also formed relationships to support the success of families finding housing unity in the community of their choice. During the fourth quarter 10 Chino residents were provided assistance domestic violence support counseling services. The prevention team participated in multiple awareness activities through out the city. There has been an increase in the number of people calling in for services. Clients are experiencing displacement due to domestic violence but also because of the rising cost of rent. The housing department has been extremely busy locating families that are tasked with leaving transitional housing. House of Ruth will continue to provide counseling services to the Chino community. 166
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Page:PR03 - CHINO 28 of 50
706 - Code Enforcement Program (2021)IDIS Activity:

Project: 0011 - Code Enforcement Program
PGM Year: 2021
Description:

Code Enforcement (15)Matrix Code:

Sustainability
Provide decent affordable housingObjective:

Outcome:

Completed 9/1/2022 1:51:49 PM
13220 Central Ave Chino, CA 91710-4127
National Objective: LMA
Status:

Location:

The City will provide funding to ensure that its housing stock is decent, safe and sanitary, with the objectiveoutcome of providing for decent housingsustainability through code enforcement activities in the lo-w and moderate-income areas. 12/18/2021Initial Funding Date:

Activity to prevent, prepare for, and respond to Coronavirus: No Financing
Fund Type Grant Year Grant Funded Amount Drawn In Program Year Drawn Thru Program Year Total

CDBG EN
Total
2021 B21MC060564 $29,525.96 $6,888.70 $29,525.96
$29,525.96 $6,888.70 $29,525.96
Proposed Accomplishments
Housing Units : 435
Total Population in Service Area: 21,610
Census Tract Percent Low / Mod: 49.42
Annual Accomplishments
Years Accomplishment Narrative # Benefitting
2021 During the first quarter reporting period 63 code enforcement cases were opened in the CDBG (low-mod income area) of the city. Code enforcement performed multiple inspections at various locations within the CDBG area to address property maintenance and building code violations. Code also continues to inspect the properties that have had open cases. There were 9 cases closed this quarter that have corrected the violations. During the second quarter reporting period 39 additional cases were opened in the CDBG area. Code continues to perform multiple inspection at various locations with the CDBG area to address property maintenance and building code violations. During the third quarter 46 code enforcement cases were opened in the CDBG low-mod income areas of Chino. COVID 19 has caused serious delays in the number of inspections inspectors have been able to accomplish. The Code Compliance Division has been understaffed during this period as well. Multiple inspections at various locations were performed due to property maintenance, building code violations. During the 4th quarter 50 code enforcement cases were opened in the CDBG low-mod income areas of Chino. Multiple inspections at various locations were addressed due to property maintenance, building code violations. Code enforcement continues to address previous cases that have not completed compliance. Code officers continue to provide resources for assistance if needed to residents that have not complied. 167
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Page:PR03 - CHINO 29 of 50
707 - Public Improvements Program- Alley Improvement Project (2021)IDIS Activity:

Project: 0012 - Public Improvements Program- Alley Improvement Project PGM Year: 2021
Description:

Street Improvements (03K)Matrix Code:

Availability/accessibility
Create suitable living environmentsObjective:

Outcome:

Open
13220 Central Ave Chino, CA 91710-4127
National Objective: LMA
Status:

Location:

The City's Public Works Department will be provided funds for the Alley Improvements Project to benefit approximately 24,000 people living in the low- and moderate-income area. 12/18/2021Initial Funding Date:

Activity to prevent, prepare for, and respond to Coronavirus: No Financing
Fund Type Grant Year Grant Funded Amount Drawn In Program Year Drawn Thru Program Year Total

CDBG EN
Total
2020
2021
B20MC060564
B21MC060564
$133,154.54 $16,516.00 $67,249.00
$241,670.00 $0.00 $840.00
$374,824.54 $16,516.00 $68,089.00
Proposed Accomplishments
People (General) : 24,000
Total Population in Service Area: 18,185
Census Tract Percent Low / Mod: 49.30
Annual Accomplishments
Years Accomplishment Narrative # Benefitting
2021
2022
During the first quarter this project was in the planning and budget process. Management staff worked to assign staff to this project. Due to COVID there was a delay in getting things started during the first quarter. During the second quarter an informal Request for Proposals were submitted to (3) firms for engineering design. RKA Consulting Group was selected and awarded a contract in November. Survey work began in late January. During the 3rd quarter the City and Consultants received fully executed agreements and held a kick-off meeting in March. It was discussed that design would be completed by August 2022 and anticipate construction to begin in September 2022. During the fourth quarter Engineering design firm, RKA, began reaching out to utility companies to coordinate future construction of alley. City Staff received and reviewed 30% submittals in May 2022 and identified locations with right-of-way constraints. City Staff and Consultant discussing solutions in order to move forward with 60% plans. There have been no delays, project is on track to begin construction in September 2022.

During the 4th quarter of 2022-23 engineering design firm, RDA submitted final plans, specifications and estimates. City staff posted the project on Planetbids for construction services. City awarded construction contract to Wheeler Paving Inc. and are currently reviewing documents for review. There have been no delays this quarter. Contract is expected to submit notice of construction prior to beginning work in early fall. 168
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Project: 0001 - CDBG Administration
PGM Year: 2022
Description:

General Program Administration (21A)Matrix Code:

Objective:

Outcome:

Open
,
National Objective:

Status:

Location:

Funds will be used to administer the City's CDBG grant. 10/21/2022Initial Funding Date:

Activity to prevent, prepare for, and respond to Coronavirus: No Financing
Fund Type Grant Year Grant Funded Amount Drawn In Program Year Drawn Thru Program Year Total

CDBG EN
Total
2022 B22MC060564 $78,399.00 $39,202.33 $39,202.33
$78,399.00 $39,202.33 $39,202.33
Proposed Accomplishments
Number assisted:

Actual Accomplishments
Person
Hispanic
0 White:

Black/African American:

Total:

Asian:

American Indian/Alaskan Native:

Native Hawaiian/Other Pacific Islander:

American Indian/Alaskan Native & White:

Asian White:

Black/African American & White:

American Indian/Alaskan Native & Black/African American:

Other multi-racial:

Asian/Pacific Islander:

Hispanic:

Owner
Total Hispanic
0 0
Renter
Total Hispanic
0 0
Total
Total Hispanic Total
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0 0
Female-headed Households: 0
169
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Office of Community Planning and Development
Integrated Disbursement and Information System
CDBG Activity Summary Report (GPR) for Program Year 2022 CHINO
Page:PR03 - CHINO 31 of 50
Income Category:

Low Mod
Moderate
Extremely Low
Non Low Moderate
Total
Percent Low/Mod
Owner
0 Renter
0 Total
0 0
0 0
0 Person
0 Annual Accomplishments
No data returned for this view. This might be because the applied filter excludes all data. 170
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Project: 0002 - Fair Housing Services
PGM Year: 2022
Description:

Fair Housing Activities (subject to
20% Admin Cap) (21D)
Matrix Code:

Objective:

Outcome:

Open
,
National Objective:

Status:

Location:

Funds will be used to provide fair housing services.
10/21/2022Initial Funding Date:

Activity to prevent, prepare for, and respond to Coronavirus: No Financing
Fund Type Grant Year Grant Funded Amount Drawn In Program Year Drawn Thru Program Year Total

CDBG EN
Total
2022 B22MC060564 $20,000.00 $20,000.00 $20,000.00
$20,000.00 $20,000.00 $20,000.00
Proposed Accomplishments
Number assisted:

Actual Accomplishments
Person
Hispanic
0 White:

Black/African American:

Total:

Asian:

American Indian/Alaskan Native:

Native Hawaiian/Other Pacific Islander:

American Indian/Alaskan Native & White:

Asian White:

Black/African American & White:

American Indian/Alaskan Native & Black/African American:

Other multi-racial:

Asian/Pacific Islander:

Hispanic:

Owner
Total Hispanic
0 0
Renter
Total Hispanic
0 0
Total
Total Hispanic Total
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0 0
Female-headed Households: 0
171
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Page:PR03 - CHINO 33 of 50
Income Category:

Low Mod
Moderate
Extremely Low
Non Low Moderate
Total
Percent Low/Mod
Owner
0 Renter
0 Total
0 0
0 0
0 Person
0 Annual Accomplishments
No data returned for this view. This might be because the applied filter excludes all data. 172
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Project: 0005 - Family Counseling Program
PGM Year: 2022
Description:

Services for victims of domestic
violence, dating violence, sexual
assault or stalking (05G)
Matrix Code:

Availability/accessibility
Create suitable living environmentsObjective:

Outcome:

Open
13220 Central Ave Chino, CA 91710-4127
National Objective: LMC
Status:

Location:

The Human Services operates the Family Counseling public service program to assist families with resolving family problems and disputes with specific emphasis on those that have been victims or are potential victims of family violence. 10/21/2022Initial Funding Date:

Activity to prevent, prepare for, and respond to Coronavirus: No Financing
Fund Type Grant Year Grant Funded Amount Drawn In Program Year Drawn Thru Program Year Total

CDBG EN
Total
2022 B22MC060564 $28,108.00 $27,454.34 $27,454.34
$28,108.00 $27,454.34 $27,454.34
Proposed Accomplishments
People (General) : 300
Number assisted:

Actual Accomplishments
Person
Hispanic
0 1
0 2
1 0
0 0
0 0
0 10
49White:

Black/African American:

Asian:

American Indian/Alaskan Native:

Native Hawaiian/Other Pacific Islander:

American Indian/Alaskan Native & White:

Asian White:

Black/African American & White:

American Indian/Alaskan Native & Black/African American:

Other multi-racial:

Asian/Pacific Islander:

Hispanic:

Owner
Total Hispanic
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
Renter
Total Hispanic
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
Total
Total Hispanic Total
59 3
4 2
0 1
0 0
2 11
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 173
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Low Mod
Moderate
Extremely Low
Non Low Moderate
Total
Percent Low/Mod
Owner
0 0
0 0
0 Renter
0 0
0 0
0 Total
0 0
0 0
0 Person
34 48
0 0
82 100.0%
Annual Accomplishments
Years Accomplishment Narrative # Benefitting
2022 During the first quarter 34 Chino residents seeking mental health services were provided counseling. Counselors also provide clients with local resources like food, shelter, healthy living, childcare and other agency services that can provide drug and alcohol counseling as well as referrals to licensed mental health professionals. The Family Counseling program also meets with local school administrators to discuss the school- based counseling programs. Human Services is part of the Focus on Youth collaborative and Healthy Coalition, this allows staff to share program information with other agencies and community programs. Staff attends training and workshops on topics of crisis management.

Information for Counseling Programs is available on the city website, social media platforms, and in the Chino Connection program. During the second quarter 19 (unduplicated) Chino residents were assisted with counseling. Clients are also given other available resources for food, shelter, mental health professionals, drug and alcohol counseling as well. The program outreach is through social media, city website and local community partnerships. During the third quarter 2 Chino residents were assisted with counseling. During the 4th quarter 26 Chino residents were provided with counseling services for both Spanish and English-speaking clients. In addition to counseling services, Human Services staff provide referrals to clients to local agencies to provide resources such as food, shelter, healthy living, childcare and other services such as alcohol counseling as well as referrals to licensed mental health professionals. Family counseling continues to promote services via the City website, brochures, and the Chino Connections newsletter. 174
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Project: 0008 - Family Services Association Senior Nutrition Program PGM Year: 2022
Description:

Senior Services (05A)Matrix Code:

Availability/accessibility
Create suitable living environmentsObjective:

Outcome:

Open
21250 Box Springs Rd Ste 212 Moreno Valley, CA 92557- 8712 National Objective: LMC
Status:

Location:

The City will contract with the Family Services Association to administer this program, which provides a home-delivered meal to seniors. 10/22/2022Initial Funding Date:

Activity to prevent, prepare for, and respond to Coronavirus: No Financing
Fund Type Grant Year Grant Funded Amount Drawn In Program Year Drawn Thru Program Year Total

CDBG EN
Total
2022 B22MC060564 $15,000.00 $15,000.00 $15,000.00
$15,000.00 $15,000.00 $15,000.00
Proposed Accomplishments
People (General) : 465
Number assisted:

Actual Accomplishments
Person
Hispanic
0 0
0 1
0 0
0 0
0 0
0 0
242
243
White:

Black/African American:

Total:

Asian:

American Indian/Alaskan Native:

Native Hawaiian/Other Pacific Islander:

American Indian/Alaskan Native & White:

Asian White:

Black/African American & White:

American Indian/Alaskan Native & Black/African American:

Other multi-racial:

Asian/Pacific Islander:

Hispanic:

Owner
Total Hispanic
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
Renter
Total Hispanic
0 0
0 0
0 0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 Total
Total Hispanic Total
378
28 66
7 0
1 0
0 0
11 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0 491
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Low Mod
Moderate
Extremely Low
Non Low Moderate
Total
Percent Low/Mod
Owner
0 0
0 0
0 Renter
0 0
0 0
0 Total
0 0
0 0
0 Person
0 491
0 0
491
100.0%
Annual Accomplishments
Years Accomplishment Narrative # Benefitting
2022 During the first quarter 229 Chino Senior residents were provided with hot meals at the Chino Senior Center. We served an average of 40 - 60 seniors during this quarter. COVID positive contacts with staff have disrupted meal delivery on several occasions. Both FSA and Chino staff have pitched in to assist one another with all the meal deliveries. During the 2nd quarter 308 Chino seniors were served hot meals or home delivered meals. In August we provided an outreach event atht eh Chino Senior Center to provide face mask, sanitizing wipes and reourse brochures to help make seniors more comfortable for congregate lunches. During the 3rd quarter an additional 77 Chino Seniors were served hot meals at the senior center or delivered home meals. As of the end of March we are serving 60-70 individuals, this is an increase of 20% from the start of the fiscal year. Since coming out of the Covid pandemic more seniors are returning toe the senior center for a hot lunch. the 4th quarter we served 53 unduplicated seniors. We continue to see more seniors coming back to the senior center to participate in the lunch program. We look forward to increasing this amount the next program year. We continue to promote our program through social media channels.
176
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Page:PR03 - CHINO 38 of 50
712 - Inland Valley HOPE Partners Food and Shelter Assistance Program (2022)IDIS Activity:

Project: 0006 - Inland Valley HOPE Partners
PGM Year: 2022
Description:

Food Banks (05W)Matrix Code:

Availability/accessibility
Create suitable living environmentsObjective:

Outcome:

Open
5581 Daniels St Ste F Chino, CA 91710-9039
National Objective: LMC
Status:

Location:

The City will contract with the Inland Valley HOPE Partners to provide food, shelter and clothing assistance. 10/22/2022Initial Funding Date:

Activity to prevent, prepare for, and respond to Coronavirus: No Financing
Fund Type Grant Year Grant Funded Amount Drawn In Program Year Drawn Thru Program Year Total

CDBG EN
Total
2022 B22MC060564 $10,000.00 $10,000.00 $10,000.00
$10,000.00 $10,000.00 $10,000.00
Proposed Accomplishments
People (General) : 400
Number assisted:

Actual Accomplishments
Person
Hispanic
0 0
0 0
0 0
0 0
0 0
0 39
208
247
White:

Black/African American:

Total:

Asian:

American Indian/Alaskan Native:

Native Hawaiian/Other Pacific Islander:

American Indian/Alaskan Native & White:

Asian White:

Black/African American & White:

American Indian/Alaskan Native & Black/African American:

Other multi-racial:

Asian/Pacific Islander:

Hispanic:

Owner
Total Hispanic
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
Renter
Total Hispanic
0 0
0 0
0 0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 Total
Total Hispanic Total
277
41 41
1 0
0 0
0 0
40 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0 400
177
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Low Mod
Moderate
Extremely Low
Non Low Moderate
Total
Percent Low/Mod
Owner
0 0
0 0
0 Renter
0 0
0 0
0 Total
0 0
0 0
0 Person
348
52 0
0 400
100.0%
Annual Accomplishments
Years Accomplishment Narrative # Benefitting
2022 During the first quarter 56 Chino residents were provided food from our food pantries and also quarterly food distributions are provided at the Chino Senior Center. During the second quarter 66 Chino residents were provided food at the two food pantries in the area. During the 3rd quarter 66 unduplicated Chino residents were provided non-perishable food, beverages, dairy and meat products when available, and fresh produce. A total of 350 of Chino residents all together. During the 4th quarter 210 unduplicated Chino residents (a total of 442 Chino residents this quarter) were provided with groceries and toiletries when available. We continue to issue monthly newsletter to promote services. We also provide resource information for other agencies for different needs of the residents. We provide assistance at 2 locations to Chino residents (pantries in Chino and Ontario).There have been no delays in services provided, we continue to research grants/donations/volunteers to continue services.
178
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CDBG Activity Summary Report (GPR) for Program Year 2022 CHINO
Page:PR03 - CHINO 40 of 50
713 - House of Ruth Domestic Violence Program (2022)IDIS Activity:

Project: 0010 - House of Ruth
PGM Year: 2022
Description:

Services for victims of domestic
violence, dating violence, sexual
assault or stalking (05G)
Matrix Code:

Availability/accessibility
Create suitable living environmentsObjective:

Outcome:

Open
599 N Main St Pomona, CA 91768-3108
National Objective: LMC
Status:

Location:

Activity to prevent, prepare for, and respond to Coronavirus: No Financing
Fund Type Grant Year Grant Funded Amount Drawn In Program Year Drawn Thru Program Year Total

CDBG EN
Total
2022 B22MC060564 $15,000.00 $15,000.00 $15,000.00
$15,000.00 $15,000.00 $15,000.00
Proposed Accomplishments
People (General) : 55
Number assisted:

Actual Accomplishments
Person
Hispanic
0 0
0 0
0 0
0 0
0 0
1 9
12White:

Black/African American:

Asian:

American Indian/Alaskan Native:

Native Hawaiian/Other Pacific Islander:

American Indian/Alaskan Native & White:

Asian White:

Black/African American & White:

American Indian/Alaskan Native & Black/African American:

Other multi-racial:

Asian/Pacific Islander:

Hispanic:

Owner
Total Hispanic
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
Renter
Total Hispanic
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
Total
Total Hispanic Total
21 5
1 0
1 0
0 0
0 14
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 179
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Page:PR03 - CHINO 41 of 50
22Total: 0 0 0 0 0 0 42
Female-headed Households: 0 0 0
Income Category:

Low Mod
Moderate
Extremely Low
Non Low Moderate
Total
Percent Low/Mod
Owner
0 0
0 0
0 Renter
0 0
0 0
0 Total
0 0
0 0
0 Person
36 5
1 0
42 100.0%
Annual Accomplishments
Years Accomplishment Narrative # Benefitting
2022 During the first quarter 18 Chino residents were assisted with counseling and assistance with domestic violence. House of Ruth shelter experienced several new Covid cases and was placed in quarantine by the health department. The staff continues to provide Covid education and updates to residents and are working to help ease the impact of quarantine as much as possible. The residential staff are working as a team to strengthen its current services and exploring new program approaches. House of Ruth continues to work with schools and community partners to discuss partnerships and outreach prevention programs. During the second quarter 6 Chino residents were assisted with counseling for domestic violence. House of Ruth continues to provide new programs to assist clients with housing needs or Safe at Home programs for confidentiality for victims. HOR received additional grant funding from other agencies to extend services to Older Adult population and focus on gun control in the domestic violence population. During the 4th quarter 12 unduplicated Chino residents were provided assistance for DV services. House of Ruth completed 40-hour DV Advocate training. HOR offers monthly family enrichment lead by a therapist and advocates.

HOR is exploring many new programs such as prevention therapy, a mobile health clinic, a Shelter Children's Program a summer day camp program in collaboration with local park and recreation programs. 180
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Office of Community Planning and Development
Integrated Disbursement and Information System
CDBG Activity Summary Report (GPR) for Program Year 2022 CHINO
Page:PR03 - CHINO 42 of 50
714 - Public Works Graffiti Abatement (2022)IDIS Activity:

Project: 0004 - Public Works Graffiti Abatement
PGM Year: 2022
Description:

Neighborhood Cleanups (05V)Matrix Code:

Availability/accessibility
Create suitable living environmentsObjective:

Outcome:

Completed 8/7/2023 6:02:39 PM
13220 Central Ave Chino, CA 91710-4127
National Objective: LMA
Status:

Location:

This program removes incidents of graffiti in order to avoid slumblight 10/22/2022Initial Funding Date:

Activity to prevent, prepare for, and respond to Coronavirus: No Financing
Fund Type Grant Year Grant Funded Amount Drawn In Program Year Drawn Thru Program Year Total

CDBG EN
Total
2022 B22MC060564 $10,683.86 $10,683.86 $10,683.86
$10,683.86 $10,683.86 $10,683.86
Proposed Accomplishments
People (General) : 13,000
Total Population in Service Area: 26,425
Census Tract Percent Low / Mod: 50.44
Annual Accomplishments
Years Accomplishment Narrative # Benefitting
2022 During the first quarter graffiti crew addressed 15,148 incidents of graffiti removal. Methods of removal for accomplishing this goal includes painting, sandblasting and chemical removal. In addition 789 incidents of graffiti removal were addressed in other areas of the city, outside the low-mod areas. During the second quarter graffiti crews addressed 3,932 incidents of graffiti removal, of which 3,206 were located in the low- mod area of Chino. During the third quarter graffiti crews addressed 4,812 incidents to remove graffiti in the low-mod area of Chino. Also, 381 incidents were addressed citywide. During the 4th quarter 9346 incidents of graffiti were addressed and removed with the low-mod areas of the city. There were also and additional 343 incidents addressed outside the low-mod areas in the city. The graffiti abatement division works diligently to keep the city clean and a suitable environment. 181
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Integrated Disbursement and Information System
CDBG Activity Summary Report (GPR) for Program Year 2022 CHINO
Page:PR03 - CHINO 43 of 50
715 - Chino Neighborhood House (2022)IDIS Activity:

Project: 0009 - Chino Neighborhood House
PGM Year: 2022
Description:

Food Banks (05W)Matrix Code:

Availability/accessibility
Create suitable living environmentsObjective:

Outcome:

Open
13130 6th St Chino, CA 91710-4105
National Objective: LMC
Status:

Location:

The City will contract with Chino Neighborhood House to provide food and clothing assistance. 10/22/2022Initial Funding Date:

Activity to prevent, prepare for, and respond to Coronavirus: No Financing
Fund Type Grant Year Grant Funded Amount Drawn In Program Year Drawn Thru Program Year Total

CDBG EN
Total
2022 B22MC060564 $10,000.00 $10,000.00 $10,000.00
$10,000.00 $10,000.00 $10,000.00
Proposed Accomplishments
People (General) : 750
Number assisted:

Actual Accomplishments
Person
Hispanic
0 0
0 0
0 0
0 0
0 0
0 0
1,030
1,030
White:

Black/African American:

Total:

Asian:

American Indian/Alaskan Native:

Native Hawaiian/Other Pacific Islander:

American Indian/Alaskan Native & White:

Asian White:

Black/African American & White:

American Indian/Alaskan Native & Black/African American:

Other multi-racial:

Asian/Pacific Islander:

Hispanic:

Owner
Total Hispanic
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
Renter
Total Hispanic
0 0
0 0
0 0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 Total
Total Hispanic Total
1,133
29 80
4 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0 1,246
182
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Page:PR03 - CHINO 44 of 50
Female-headed Households: 0 0 0
Income Category:

Low Mod
Moderate
Extremely Low
Non Low Moderate
Total
Percent Low/Mod
Owner
0 0
0 0
0 Renter
0 0
0 0
0 Total
0 0
0 0
0 Person
620
544
82 0
1,246
100.0%
Annual Accomplishments
Years Accomplishment Narrative # Benefitting
2022 During the first quarter Chino Neighborhood House assisted 535 Chino residents with groceries and personal hygiene products. School supplies were provided to families with children at the start of the school year in September. Home delivery of groceries and personal hygiene products were delivered to 60 homebound Chino seniors. During the second quarter 319 Chino residents were provided groceries and personal hygiene products. In November Thanksgiving turkey including side dishes were provided to all families. At Christmas gifts and new bikes or scooters were provided to 200+ children. CNH also continued to provide home deliver groceries and holiday care packages to home bound seniors. During the 3rd quarter 256 unduplicated Chino residents were provided with groceries and grocery delivery was provided to home bound seniors. During the 4th quarter 142 Chino residents were provided with groceries. Home delivery was provided to homebound seniors. A Chamber of Commerce mixer was hosted at CNH to provide exposure of the services CNH provides. Chino Neighborhood House far exceeded their goal for this program year serving more clients than in many prior years. The current economy and reduction in government benefits has driven many low to moderate income families and individuals to CNH for assistance. The need is great and they are doing everything possible to keep up with the demand.
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Integrated Disbursement and Information System
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Page:PR03 - CHINO 45 of 50
716 - Code Enforcement Program (2022)IDIS Activity:

Project: 0012 - Code Enforcement Program
PGM Year: 2022
Description:

Code Enforcement (15)Matrix Code:

Availability/accessibility
Provide decent affordable housingObjective:

Outcome:

Open
13220 Central Ave Chino, CA 91710-4127
National Objective: LMA
Status:

Location:

The City will ensure that its housing stock provides decent, safe and sanitary housing options for residents. 10/22/2022Initial Funding Date:

Activity to prevent, prepare for, and respond to Coronavirus: No Financing
Fund Type Grant Year Grant Funded Amount Drawn In Program Year Drawn Thru Program Year Total

CDBG EN
Total
2022 B22MC060564 $100,000.00 $30,748.60 $30,748.60
$100,000.00 $30,748.60 $30,748.60
Proposed Accomplishments
Housing Units : 435
Total Population in Service Area: 29,245
Census Tract Percent Low / Mod: 47.84
Annual Accomplishments
Years Accomplishment Narrative # Benefitting
2022 During the first quarter 82 code inspections/violations were addressed in the low-mod areas of Chino. Code performed multiple inspections at various locations within the low-mod areas of Chino, which included property maintenance, building code violations. During the second quarter 58 code inspections/violations were addressed in the low-mod areas of Chino. Code performed multiple inspections at various locations within the low-mod areas to address property maintenance and building code violations. Some of the prior open cases were brought to compliance and closed. During the third quarter 69 inspections/code violations were addressed in the low-mod area of Chino. 184
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Time:

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Integrated Disbursement and Information System
CDBG Activity Summary Report (GPR) for Program Year 2022 CHINO
Page:PR03 - CHINO 46 of 50
717 - Home Improvement Grants (2022)IDIS Activity:

Project: 0007 - Home Improvement Grants
PGM Year: 2022
Description:

Rehab; Single-Unit Residential (14A)Matrix Code:

Availability/accessibility
Provide decent affordable housingObjective:

Outcome:

Open
9551 Pittsburgh Ave Rancho Cucamonga, CA 91730-6008
National Objective: LMH
Status:

Location:

This program funds home rehabilitation of qualified senior citizen households or homeowners with mobility disabilities. 10/22/2022Initial Funding Date:

Activity to prevent, prepare for, and respond to Coronavirus: No Financing
Fund Type Grant Year Grant Funded Amount Drawn In Program Year Drawn Thru Program Year Total

CDBG EN
Total
2022 B22MC060564 $70,000.00 $53,517.14 $53,517.14
$70,000.00 $53,517.14 $53,517.14
Proposed Accomplishments
Housing Units : 15
Number assisted:

Actual Accomplishments
Person
Hispanic
0 0
0 0
0 0
0 0
0 0
0 0
0 0
White:

Black/African American:

Total:

Asian:

American Indian/Alaskan Native:

Native Hawaiian/Other Pacific Islander:

American Indian/Alaskan Native & White:

Asian White:

Black/African American & White:

American Indian/Alaskan Native & Black/African American:

Other multi-racial:

Asian/Pacific Islander:

Hispanic:

Owner
Total Hispanic
8 6
0 0
9 7
0 0
0 0
0 0
0 0
0 0
0 0
0 0
1 1
0 0
0 0
Renter
Total Hispanic
0 0
0 0
0 0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 Total
Total Hispanic Total
0 0
0 0
0 0
0 0
0 0
0 8
0 0
0 0
0 0
0 0
1 0
0 6
0 0
0 0
0 0
0 0
1 0
0 9 7 0
185
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Integrated Disbursement and Information System
CDBG Activity Summary Report (GPR) for Program Year 2022 CHINO
Page:PR03 - CHINO 47 of 50
Female-headed Households: 7 0 7
Income Category:

Low Mod
Moderate
Extremely Low
Non Low Moderate
Total
Percent Low/Mod
Owner
6 3
0 0
9 100.0%
Renter
0 0
0 0
0 Total
6 3
0 0
9 100.0%
Person
0 0
0 0
0 Annual Accomplishments
Years Accomplishment Narrative # Benefitting
2022 During the first quarter of this program year 1 Chino senior was assisted with a Healthy Homes Grant for health and safety repairs to the mobile home. NPHS continues to provide outreach at the Chino Senior Center and local mobile home parks. During the second quarter 1 Chino senior was assisted with healthy homes grant for health and safety repairs to their mobile home. The 3rd quarter NPHS provided 2 grants to seniors for home repairs consisting of health and safety issues. There have been a few delays with the program due to COVID and contractor pricing. Bids have been coming in extremely high due to the rise in material cost. During the 4th quarter NPHS was able to provide assistance to 5 Chino Senior residents with health and safety home repairs. NPHS continues to provide outreach to local mobile home parks and at the Chino Senior Center. We also promote on various social media platforms. NPHS's goal is to continue to provide health and safety grants for a better living environment to the seniors are persons with mobility disabilities in Chino. 186
21-Aug-2023
U.S. Department of Housing and Urban Development
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Time:

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Office of Community Planning and Development
Integrated Disbursement and Information System
CDBG Activity Summary Report (GPR) for Program Year 2022 CHINO
Page:PR03 - CHINO 48 of 50
718 - Economic Development Facade Program (2022)IDIS Activity:

Project: 0011 - Economic Development Facade Program
PGM Year: 2022
Description:

Rehab; Publicly or Privately-Owned
Commercial/Industrial (14E)
Matrix Code:

Availability/accessibility
Create economic opportunitiesObjective:

Outcome:

Open
13220 Central Ave Chino, CA 91710-4127
National Objective: LMA
Status:

Location:

Funds will be used to provide facade improvements to businesses in the low- and moderate-income target areas 10/22/2022Initial Funding Date:

Activity to prevent, prepare for, and respond to Coronavirus: No Financing
Fund Type Grant Year Grant Funded Amount Drawn In Program Year Drawn Thru Program Year Total

CDBG EN
Total
2022 B22MC060564 $31,500.00 $0.00 $0.00
$31,500.00 $0.00 $0.00
Proposed Accomplishments
Businesses : 5
Total Population in Service Area: 1,670
Census Tract Percent Low / Mod: 54.79
Annual Accomplishments
Years Accomplishment Narrative # Benefitting
2022 During the first quarter the Economic Development Department researched existing program provided in surrounding areas. We began revising our existing plan to make it more comprehensive and effective. We created program information for outreach and advertising but had to wait to distribute due to the lack of staffing changes/issues to administer the program. Due to staffing challenges, we had delays in the start of the program. During the second quarter we continued to experience staffing issues with many staffing changes going on citywide which prevented Economic Development from implementing the program. We continued to work on the program plan and details, although did not start any projects. During the third quarter we completed an online portal for applicants. We decided to start the program as an invite only, to reach out to local businesses having code issues that need immediate attention. During the fourth quarter we have continued to reach out to local businesses with code violations that need assistance to make corrections or update the business exterior. We have given out a few applications and are currently waiting to receive them back from the businesses to determine eligibility. We also determined we needed to revise the application and guidelines to be clearer for the applicants. We plan on starting a few projects the first quarter of the next program year 2023-24.

This project will remain open and funds to be expended next program year. 187
21-Aug-2023
U.S. Department of Housing and Urban Development
21:38
49 Date:

Time:

Page:

Office of Community Planning and Development
Integrated Disbursement and Information System
CDBG Activity Summary Report (GPR) for Program Year 2022 CHINO
Page:PR03 - CHINO 49 of 50
719 - Public Improvements Program- Alley Improvement Project (2022)IDIS Activity:

Project: 0013 - Public Improvements Program- Alley Improvement Project PGM Year: 2022
Description:

Street Improvements (03K)Matrix Code:

Availability/accessibility
Create suitable living environmentsObjective:

Outcome:

Canceled 11/26/2022 2:37:34 PM
13220 Central Ave Chino, CA 91710-4127
National Objective: LMA
Status:

Location:

Funds will be used to improve the alleys near Monte Vista Park. 10/22/2022Initial Funding Date:

Activity to prevent, prepare for, and respond to Coronavirus: No Financing
No data returned for this view. This might be because the applied filter excludes all data.

Proposed Accomplishments
People (General) : 6,900
Total Population in Service Area: 13,250
Census Tract Percent Low / Mod: 47.17
Annual Accomplishments
No data returned for this view. This might be because the applied filter excludes all data. 188
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Time:

Page:

Office of Community Planning and Development
Integrated Disbursement and Information System
CDBG Activity Summary Report (GPR) for Program Year 2022 CHINO
Page:PR03 - CHINO 50 of 50
$5,281,594.39
$1,095,188.25
$4,765,492.78
Total Funded Amount:

Total Drawn In Program Year:

Total Drawn Thru Program Year:
189
U.S. DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

OFFICE OF COMMUNITY PLANNING AND

DEVELOPMENT
PR06 - Summary of Consolidated Plan
Projects for Report Year
DATE: 8/21/2023
TIME: 9:45:53 PM
PAGE: 1/2
IDIS
1/2
Plan
Year
IDIS
Project Project Title and Description Program Metrics
2022 1
2 3
4 5
6 7
8 9
10 11
12 13
CDBG Administration
Fair Housing Services
Landlord Tenant Mediation Services
Public Works Graffiti Abatement
Family Counseling Program
Inland Valley HOPE Partners
Home Improvement Grants
Family Services Association Senior Nutrition Program
Chino Neighborhood House
House of Ruth
Economic Development Facade Program
Code Enforcement Program
Public Improvements Program- Alley Improvement Project
Funds will be used to provide CDBG Program
Administration.

The Inland Fair Housing and Mediation Board
offers comprehensive fair housing services.

The City will contract with the Inland Fair
Housing and Mediation Board to provide
landlord-tenant mediation services.

This program removes incidents of graffiti in
order to avoid slum/blight
City operated public service program to assist
families with resolving family problems and
disputes with specific emphasis on those that
have been victims or are potential victims of
family violence.

Non-profit public service program families who
are homeless or on the verge of homelessness
with food, shelter and clothing assistance.

This program funds home rehabilitation of
qualified senior citizen households or
homeowners with mobility disabilities.

This program provides a home-delivered meal
to seniors.

Non-profit public service program to assist
families who are homeless or on the verge of
homelessness with food and clothing
assistance.

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

Funds will be used to provide facade
improvements to businesses in the low- and
moderate-income target areas.

CDBG funding is used by City staff to
implement the code enforcement program to
eliminate slum/blight conditions.

The City's Community Services Department
will be provided funds to improve alley
infrastructure in a low- and moderate-income
neighborhood.

CDBG
CDBG
CDBG
CDBG
CDBG
CDBG
CDBG
CDBG
CDBG
CDBG
CDBG
CDBG
CDBG
190
U.S. DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

OFFICE OF COMMUNITY PLANNING AND

DEVELOPMENT
PR06 - Summary of Consolidated Plan
Projects for Report Year
DATE: 8/21/2023
TIME: 9:45:53 PM
PAGE: 2/2
IDIS
2/2
Project
Estimate
Commited
Amount
Amount Drawn
Thru Report
Year
Amount
Available to
Draw
Amount
Drawn in
Report Year
$78,399.00 $78,399.00 $39,202.33 $39,196.67 $39,202.33
$20,000.00 $20,000.00 $20,000.00 $0.00 $20,000.00
$15,000.00 $0.00 $0.00 $0.00 $0.00
$10,691.00 $10,683.86 $10,683.86 $0.00 $10,683.86
$28,108.00 $28,108.00 $27,454.34 $653.66 $27,454.34
$10,000.00 $10,000.00 $10,000.00 $0.00 $10,000.00
$70,000.00 $70,000.00 $53,517.14 $16,482.86 $53,517.14
$15,000.00 $15,000.00 $15,000.00 $0.00 $15,000.00
$10,000.00 $10,000.00 $10,000.00 $0.00 $10,000.00
$15,000.00 $15,000.00 $15,000.00 $0.00 $15,000.00
$31,500.00 $31,500.00 $0.00 $31,500.00 $0.00
$100,000.00 $100,000.00 $30,748.60 $69,251.40 $30,748.60 $261,615.00 $0.00 $0.00 $0.00 $0.00
191
Page: 1 of 4
IDIS - PR09 U.S. Department of Housing and Urban Development Date: 08-21-23 Time: 21:49
Page: 1
Report for Program:CDBG
*Data Only Provided for Time Period Queried:01-01-1900 to 08-21-2023 Office of Community Planning and Development
Integrated Disbursement and Information System
Program Income Details by Fiscal Year and Program

CHINO,CA
Year Program
Associated Fund Estimated
TransactionGrant Number Type Income for Year Voucher # Created Voucher
Type
Voucher
Actv. ID
IDIS
Code
Matrix
Amount
Receipted/DrawnProgram IDIS
Proj. ID
1996 0.00PIB96MC060564CDBG

RECEIPTS
13634 -001 16,316.0009/04/1998
DRAWS
232597 -001 80 05Z 221.2609/04/1998 PY 8
232597 -002 95 15 14,570.0709/04/1998 PY 23
232597 -003 62 15 0.0809/04/1998 PY 21
232744 -001 76 21A 1,524.5909/04/1998 PY 1
16,316.00
16,316.00PI Receipts
PI Draws
PI Balance 0.00
Total CDBG Receipts*: 16,316.00
Total CDBG Draws against Receipts*: 16,316.00
Total CDBG Receipt Fund Balance*: 0.00
1996 CDBG
1999 0.00PIB99MC060564CDBG

RECEIPTS
34871 -001 24,684.0012/17/1999
37144 -001 24,569.0002/04/2000
40627 -001 8,007.0004/25/2000
DRAWS
192
Page: 2 of 4
Year Program
Associated Fund Estimated
TransactionGrant Number Type Income for Year Voucher # Created Voucher
Type
Voucher
Actv. ID
IDIS
Code
Matrix
Amount
Receipted/DrawnProgram IDIS
Proj. ID
438928 -001 187 03F 7,819.7904/12/2000 PY 30
438928 -002 188 03Z 2,028.4604/12/2000 PY 31
438982 -001 159 21A 24,861.6404/12/2000 PY 1
438982 -002 160 05Z 347.1304/12/2000 PY 2
438982 -004 161 05J 1,650.6304/12/2000 PY 3
438982 -005 163 05Z 2,641.3804/12/2000 PY 5
438982 -006 165 05G 1,809.5304/12/2000 PY 6
438982 -007 166 05Z 3,528.1004/12/2000 PY 8
438982 -009 167 05D 339.6904/12/2000 PY 9
438982 -010 168 03Z 2,309.2404/12/2000 PY 10
438982 -011 175 05D 766.3704/12/2000 PY 17
438982 -012 182 05Z 114.4804/12/2000 PY 25
438982 -014 186 03E 728.5604/12/2000 PY 29
438993 -001 136 03L 308.0004/12/2000 PY 20
471428 -002 159 21A 8,007.0005/02/2000 PY 1
57,260.00
57,260.00PI Receipts
PI Draws
PI Balance 0.00
Total CDBG Receipts*: 57,260.00
Total CDBG Draws against Receipts*: 57,260.00
Total CDBG Receipt Fund Balance*: 0.00
1999 CDBG
2001 0.00PIB01MC060564CDBG

RECEIPTS
74632 -001 9,695.0012/20/2001
DRAWS
708672 -002 274 21A 9,695.0012/20/2001 PY 1
9,695.00
9,695.00PI Receipts
PI Draws
PI Balance 0.00
193
Page: 3 of 4
Year Program
Associated Fund Estimated
TransactionGrant Number Type Income for Year Voucher # Created Voucher
Type
Voucher
Actv. ID
IDIS
Code
Matrix
Amount
Receipted/DrawnProgram IDIS
Proj. ID
Total CDBG Receipts*: 9,695.00
Total CDBG Draws against Receipts*: 9,695.00
Total CDBG Receipt Fund Balance*: 0.00
2001 CDBG
2004 0.00PIB04MC060564CDBG

RECEIPTS
172886 -001 15,657.4009/27/2005
172888 -001 19,178.0009/27/2005
DRAWS
5045949 -002 481 21A 7,012.0012/21/2009 PY 1
5045949 -013 492 05Z 5,259.4012/21/2009 PY 12
5045949 -022 499 19F 22,564.0012/21/2009 PY 19
34,835.40
34,835.40PI Receipts
PI Draws
PI Balance 0.00
Total CDBG Receipts*: 34,835.40
Total CDBG Draws against Receipts*: 34,835.40
Total CDBG Receipt Fund Balance*: 0.00
2004 CDBG
2007 225.00PIB07MC060564CDBG

RECEIPTS
245558 -001 441 14A 225.0008/28/2008 15
DRAWS
5045949 -023 499 19F 225.0012/21/2009 PY 19
225.00
225.00PI Receipts
PI Draws
PI Balance 0.00
194
Page: 4 of 4
Year Program
Associated Fund Estimated
TransactionGrant Number Type Income for Year Voucher # Created Voucher
Type
Voucher
Actv. ID
IDIS
Code
Matrix
Amount
Receipted/DrawnProgram IDIS
Proj. ID
Total CDBG Receipts*: 225.00
Total CDBG Draws against Receipts*: 225.00
Total CDBG Receipt Fund Balance*: 0.00
2007 CDBG
2014 0.00PIB14MC060564CDBG

RECEIPTS
5165494 -001 151 14A 8,090.0005/27/2015 20
DRAWS
6104154 -007 645 03L 8,090.0012/12/2017 PY 11
8,090.00
8,090.00PI Receipts
PI Draws
PI Balance 0.00
Total CDBG Receipts*: 8,090.00
Total CDBG Draws against Receipts*: 8,090.00
Total CDBG Receipt Fund Balance*: 0.00
2014 CDBG
195
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:

TIME:

PAGE: 1
16:30
08-21-23
CDBG and CDBG-CV Summary of Accomplishments
Program Year: 2022
CHINO
Activity Group Activity Category f Metrics
Open Count
Open Activities
Disbursed
Completed
Count
Completed
Activities
Disbursed
Program Year
Count
Total Activities
Disbursed
Economic Development
Housing
Public Facilities and Improvements
Public Services
General Administration and
Planning
Grand Total
Rehab; Publicly or Privately-Owned
Commercial/Industrial (14E)
Total Economic Development
Rehab; Single-Unit Residential (14A)
Code Enforcement (15)
Total Housing
Neighborhood Facilities (03E)
Parks, Recreational Facilities (03F)
Street Improvements (03K)
Total Public Facilities and
Improvements
Senior Services (05A)
Youth Services (05D)
Services for victims of domestic
violence, dating violence, sexual
assault or stalking (05G)
Subsistence Payment (05Q)
Neighborhood Cleanups (05V)
Food Banks (05W)
Other Public Services Not Listed in
05A-05Y, 03T (05Z)
Total Public Services
General Program Administration (21A)
Fair Housing Activities (subject to 20%
Admin Cap) (21D)
Total General Administration and
Planning
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 1 $0.00 0 $0.00 1 $0.00
1 $0.00 0 $0.00 1 $0.00
1 $53,517.14 1 $0.00 2 $53,517.14
1 $30,748.60 1 $6,888.70 2 $37,637.30
2 $84,265.74 2 $6,888.70 4 $91,154.44
0 $0.00 1 $585.00 1 $585.00
1 $760,661.78 0 $0.00 1 $760,661.78
1 $16,516.00 0 $0.00 1 $16,516.00
2 $777,177.78 1 $585.00 3 $777,762.78
1 $15,000.00 1 $0.00 2 $15,000.00
1 $15,557.32 0 $0.00 1 $15,557.32
2 $42,454.34 2 $15,362.55 4 $57,816.89
0 $0.00 1 $20,952.48 1 $20,952.48
0 $0.00 2 $11,065.26 2 $11,065.26
2 $20,000.00 2 $2,285.28 4 $22,285.28
1 $0.00 0 $0.00 1 $0.00
7 $93,011.66 8 $49,665.57 15 $142,677.23
1 $39,202.33 1 $12,416.51 2 $51,618.84
1 $20,000.00 2 $11,974.96 3 $31,974.96
2 $59,202.33 3 $24,391.47 5 $83,593.80
14 $1,013,657.51 14 $81,530.74 28 $1,095,188.25
Count of CDBG and CDBG-CV Activities with Disbursements by Activity Group & Matrix Code 196
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:

TIME:

PAGE: 2
16:30
08-21-23
CDBG and CDBG-CV Summary of Accomplishments
Program Year: 2022
CHINO
Activity Group Matrix Code Accomplishment Type Metrics Open Count Completed Count Program Year
Totals
Economic Development
Housing
Public Facilities and
Improvements
Public Services
Grand Total
Rehab; Publicly or Privately-Owned
Commercial/Industrial (14E)
Total Economic Development
Rehab; Single-Unit Residential (14A)
Code Enforcement (15)
Total Housing
Neighborhood Facilities (03E)
Parks, Recreational Facilities (03F)
Street Improvements (03K)
Total Public Facilities and Improvements
Senior Services (05A)
Youth Services (05D)
Services for victims of domestic violence, dating
violence, sexual assault or stalking (05G)
Subsistence Payment (05Q)
Neighborhood Cleanups (05V)
Food Banks (05W)
Total Public Services
Business
Housing Units
Housing Units
Public Facilities
Public Facilities
Persons
Persons
Persons
Persons
Persons
Persons
Persons
1,670 0 1,670
1,670 0 1,670
9 10 19
29,245 21,610 50,855
29,254 21,620 50,874
0 20,615 20,615
14,895 0 14,895
18,185 0 18,185
33,080 20,615 53,695
491 368 859
145 0 145
124 153 277
0 5 5
0 48,635 48,635
1,646 906 2,552
2,406 50,067 52,473
66,410 92,302 158,712
CDBG and CDBG-CV Sum of Actual Accomplishments by Activity Group and Accomplishment Type 197
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:

TIME:

PAGE: 3
16:30
08-21-23
CDBG and CDBG-CV Summary of Accomplishments
Program Year: 2022
CHINO
CDBG and CDBG-CV Beneficiaries by Racial / Ethnic Category Housing-Non
Housing Race Metrics Total
Persons
Total Hispanic
Persons Total Households
Total Hispanic
Households
Housing
Non Housing
Grand Total
White
Black/African American
Other multi-racial
Total Housing
White
Black/African American
Asian
American Indian/Alaskan Native
Native Hawaiian/Other Pacific Islander
American Indian/Alaskan Native & White
Asian & White
Black/African American & White
Amer. Indian/Alaskan Native & Black/African Amer.

Other multi-racial
Total Non Housing
White
Black/African American
Asian
American Indian/Alaskan Native
Native Hawaiian/Other Pacific Islander
American Indian/Alaskan Native & White
Asian & White
Black/African American & White
Amer. Indian/Alaskan Native & Black/African Amer.

Other multi-racial
Total Grand Total
0 0 16 13
0 0 2 0
0 0 1 1
0 0 19 14
3,108 2,544 0 0
167 16 0 0
309 2 0 0
28 6 0 0
10 2 0 0
4 2 0 0
2 2 0 0
5 0 0 0
4 0 0 0
130 93 0 0
3,767 2,667 0 0
3,108 2,544 16 13
167 16 2 0
309 2 0 0
28 6 0 0
10 2 0 0
4 2 0 0
2 2 0 0
5 0 0 0
4 0 0 0
130 93 1 1
3,767 2,667 19 14
198
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:

TIME:

PAGE: 4
16:30
08-21-23
CDBG and CDBG-CV Summary of Accomplishments
Program Year: 2022
CHINO
Income Levels Metrics Owner Occupied Renter Occupied Persons Housing
Non Housing
Extremely Low (<=30%)
Low (>30% and <=50%)
Mod (>50% and <=80%)
Total Low-Mod
Non Low-Mod (>80%)
Total Beneficiaries
Extremely Low (<=30%)
Low (>30% and <=50%)
Mod (>50% and <=80%)
Total Low-Mod
Non Low-Mod (>80%)
Total Beneficiaries
6 0 0
3 0 0
0 0 0
9 0 0
0 0 0
9 0 0
0 0 1,081
0 0 1,151
0 0 87
0 0 2,319
0 0 0
0 0 2,319
CDBG and CDBG-CV Beneficiaries by Income Category (Click here to view activities) 199
PR26 - CDBG Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:

TIME:

PAGE: 1
16:26
08-29-23
Program Year 2022

CHINO , CA
Metrics
Grantee
Program Year
PART I: SUMMARY OF CDBG RESOURCES
01 UNEXPENDED CDBG FUNDS AT END OF PREVIOUS PROGRAM YEAR 02 ENTITLEMENT GRANT
03 SURPLUS URBAN RENEWAL
04 SECTION 108 GUARANTEED LOAN FUNDS
05 CURRENT YEAR PROGRAM INCOME
05a CURRENT YEAR SECTION 108 PROGRAM INCOME (FOR SI TYPE) 06 FUNDS RETURNED TO THE LINE-OF-CREDIT
06a FUNDS RETURNED TO THE LOCAL CDBG ACCOUNT
07 ADJUSTMENT TO COMPUTE TOTAL AVAILABLE
08 TOTAL AVAILABLE (SUM, LINES 01-07)
PART II: SUMMARY OF CDBG EXPENDITURES
09 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND PLANNING/ADMINISTRATION 10 ADJUSTMENT TO COMPUTE TOTAL AMOUNT SUBJECT TO LOW/MOD BENEFIT 11 AMOUNT SUBJECT TO LOW/MOD BENEFIT (LINE 09 + LINE 10) 12 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION
13 DISBURSED IN IDIS FOR SECTION 108 REPAYMENTS
14 ADJUSTMENT TO COMPUTE TOTAL EXPENDITURES
15 TOTAL EXPENDITURES (SUM, LINES 11-14)
16 UNEXPENDED BALANCE (LINE 08 - LINE 15)
PART III: LOWMOD BENEFIT THIS REPORTING PERIOD
17 EXPENDED FOR LOW/MOD HOUSING IN SPECIAL AREAS
18 EXPENDED FOR LOW/MOD MULTI-UNIT HOUSING
19 DISBURSED FOR OTHER LOW/MOD ACTIVITIES
20 ADJUSTMENT TO COMPUTE TOTAL LOW/MOD CREDIT
21 TOTAL LOW/MOD CREDIT (SUM, LINES 17-20)
22 PERCENT LOW/MOD CREDIT (LINE 21/LINE 11)

LOW/MOD BENEFIT FOR MULTI-YEAR CERTIFICATIONS
23 PROGRAM YEARS(PY) COVERED IN CERTIFICATION
24 CUMULATIVE NET EXPENDITURES SUBJECT TO LOW/MOD BENEFIT CALCULATION 25 CUMULATIVE EXPENDITURES BENEFITING LOW/MOD PERSONS
26 PERCENT BENEFIT TO LOW/MOD PERSONS (LINE 25/LINE 24) PART IV: PUBLIC SERVICE (PS) CAP CALCULATIONS
27 DISBURSED IN IDIS FOR PUBLIC SERVICES
28 PS UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 29 PS UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 30 ADJUSTMENT TO COMPUTE TOTAL PS OBLIGATIONS
31 TOTAL PS OBLIGATIONS (LINE 27 + LINE 28 - LINE 29 + LINE 30) 32 ENTITLEMENT GRANT
33 PRIOR YEAR PROGRAM INCOME
34 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PS CAP
35 TOTAL SUBJECT TO PS CAP (SUM, LINES 32-34)
36 PERCENT FUNDS OBLIGATED FOR PS ACTIVITIES (LINE 31/LINE 35) PART V: PLANNING AND ADMINISTRATION (PA) CAP
37 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION
38 PA UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 39 PA UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 40 ADJUSTMENT TO COMPUTE TOTAL PA OBLIGATIONS
41 TOTAL PA OBLIGATIONS (LINE 37 + LINE 38 - LINE 39 +LINE 40) 42 ENTITLEMENT GRANT
43 CURRENT YEAR PROGRAM INCOME
44 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PA CAP
45 TOTAL SUBJECT TO PA CAP (SUM, LINES 42-44)
46 PERCENT FUNDS OBLIGATED FOR PA ACTIVITIES (LINE 41/LINE 45)

CHINO , CA
2,022.00

895,679.84
591,996.00

0.00 0.00

0.00 1,487,675.84

975,084.65
(25,502.93)
949,581.72
83,593.80

0.00 (24,391.47)
1,008,784.05
478,891.79

0.00 0.00
975,084.65
(25,502.93)
949,581.72
100.00%

PY: 2022 PY: PY:

0.00 0.00

0.00%

106,167.43

0.00 0.00
(18,029.30)
88,138.13
591,996.00

0.00 0.00
591,996.00

14.89%

83,593.80

0.00 0.00
(24,391.47)
59,202.33
591,996.00

0.00 0.00
591,996.00

10.00%
200
PR26 - CDBG Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:

TIME:

PAGE: 2
16:26
08-29-23
Program Year 2022

CHINO , CA
LINE 17 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 17 No data returned for this view. This might be because the applied filter excludes all data.

LINE 18 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 18 No data returned for this view. This might be because the applied filter excludes all data.

LINE 19 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 19 Plan
Year
IDIS
Project
IDIS
Activity
Voucher
Number Activity Name Matrix
Code
National
Objective Drawn Amount
2020

2019
2019
2019
2019

2021
2021
2021

2022
2022

2021
2021
2022
2022
2022
2022
2022
2022
2022

2021
2022

2021
2022
2022
2022

2022
2022
2022

2021
2022
2022
2022
2022

Total
9 11
11 11
11 12
12 12
8 8
5 10
5 5
5 5
10 10
10 4
4 6
6 6
9 7
7 7
11 12
12 12
12 686
675
675
675
675
707
707
707
711
711
700
705
710
710
710
710
713
713
713
699
714
701
712
712
715
717
717
717
706
716
716
716
716
6656729
6730430
6753342
6761772
6801661
6730430
6761772
6801661
6730430
6801661
6656729
6656729
6730430
6753342
6761772
6801661
6730430
6753342
6801661
6656729
6753342
6656729
6761772
6801661
6801661
6730430
6761772
6801661
6656729
6730430
6753342
6761772
6801661
Old School House Museum Improvements (2020)
Monte Vista Park Project (2019)
Monte Vista Park Project (2019)
Monte Vista Park Project (2019)
Monte Vista Park Project (2019)
Public Improvements Program- Alley Improvement Project (2021) Public Improvements Program- Alley Improvement Project (2021) Public Improvements Program- Alley Improvement Project (2021) Family Services Association Senior Nutrition Program (2022) Family Services Association Senior Nutrition Program (2022) Family Counseling Program (2021)
House of Ruth (2021)
Human Services Family Counseling Program (2022)
Human Services Family Counseling Program (2022)
Human Services Family Counseling Program (2022)
Human Services Family Counseling Program (2022)
House of Ruth Domestic Violence Program (2022)
House of Ruth Domestic Violence Program (2022)
House of Ruth Domestic Violence Program (2022)
Public Works Graffiti Abatement (2021)
Public Works Graffiti Abatement (2022)
Inland Valley HOPE Partners (2021)
Inland Valley HOPE Partners Food and Shelter Assistance Program (2022) Inland Valley HOPE Partners Food and Shelter Assistance Program (2022) Chino Neighborhood House (2022)
Home Improvement Grants (2022)
Home Improvement Grants (2022)
Home Improvement Grants (2022)
Code Enforcement Program (2021)
Code Enforcement Program (2022)
Code Enforcement Program (2022)
Code Enforcement Program (2022)
Code Enforcement Program (2022)
03E
03E
03F
03F
03F
03F
03F
03K
03K
03K
03K
05A
05A
05A
05G
05G
05G
05G
05G
05G
05G
05G
05G
05G
05V
05V
05V
05W
05W
05W
05W
05W
14A
14A
14A
14A
15 15
15 15
15 15
LMA
Matrix Code 03E
LMA
LMA
LMA
LMA
Matrix Code 03F
LMA
LMA
LMA
Matrix Code 03K
LMC
LMC
Matrix Code 05A
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
Matrix Code 05G
LMA
LMA
Matrix Code 05V
LMC
LMC
LMC
LMC
Matrix Code 05W
LMH
LMH
LMH
Matrix Code 14A
LMA
LMA
LMA
LMA
LMA
Matrix Code 15
$585.00
$585.00
$32,628.52
$297,545.00
$343,458.00
$87,030.26
$760,661.78
$7,455.00
$1,120.00
$7,941.00
$16,516.00
$10,334.50
$4,665.50
$15,000.00
$11,600.00
$3,762.55
$15,408.36
$4,420.35
$1,632.41
$5,993.22
$4,799.16
$4,485.59
$5,715.25
$57,816.89
$381.40
$10,683.86
$11,065.26
$2,285.28
$5,168.00
$4,832.00
$10,000.00
$22,285.28
$10,506.00
$12,660.00
$30,351.14
$53,517.14
$6,888.70
$16,362.86
$4,243.34
$2,634.67
$7,507.73
$37,637.30
$975,084.65
LINE 27 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 27 201
PR26 - CDBG Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:

TIME:

PAGE: 3
16:26
08-29-23
Program Year 2022

CHINO , CA
Plan
Year
IDIS
Project
IDIS
Activity
Voucher
Number
Activity to
prevent,
prepare for,
and respond
to
Coronavirus
Activity Name Grant Number Fund
Type
Matrix
Code
National
Objective
Drawn Amount
2022
2022

2021
2021
2022
2022
2022
2022
2022
2022
2022

2021
2022

2021
2022
2022
2022

Total
8 8
5 10
5 5
5 5
10 10
10 4
4 6
6 6
9 711
711
700
705
710
710
710
710
713
713
713
699
714
701
712
712
715
6730430
6801661
6656729
6656729
6730430
6753342
6761772
6801661
6730430
6753342
6801661
6656729
6753342
6656729
6761772
6801661
6801661
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
Family Services Association Senior Nutrition Program (2022) Family Services Association Senior Nutrition Program (2022) Family Counseling Program (2021)
House of Ruth (2021)
Human Services Family Counseling Program (2022)
Human Services Family Counseling Program (2022)
Human Services Family Counseling Program (2022)
Human Services Family Counseling Program (2022)
House of Ruth Domestic Violence Program (2022)
House of Ruth Domestic Violence Program (2022)
House of Ruth Domestic Violence Program (2022)
Public Works Graffiti Abatement (2021)
Public Works Graffiti Abatement (2022)
Inland Valley HOPE Partners (2021)
Inland Valley HOPE Partners Food and Shelter Assistance Program (2022)
Inland Valley HOPE Partners Food and Shelter Assistance Program (2022)
Chino Neighborhood House (2022)
Activity to prevent, prepare for, and respond to Coronavirus B22MC060564
B22MC060564
B21MC060564
B21MC060564
B22MC060564
B22MC060564
B22MC060564
B22MC060564
B22MC060564
B22MC060564
B22MC060564
B21MC060564
B22MC060564
B21MC060564
B22MC060564
B22MC060564
B22MC060564
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
05A
05A
05A
05G
05G
05G
05G
05G
05G
05G
05G
05G
05G
05V
05V
05V
05W
05W
05W
05W
05W
LMC
LMC
Matrix Code 05A
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
Matrix Code 05G
LMA
LMA
Matrix Code 05V
LMC
LMC
LMC
LMC
Matrix Code 05W
$10,334.50
$4,665.50
$15,000.00
$11,600.00
$3,762.55
$15,408.36
$4,420.35
$1,632.41
$5,993.22
$4,799.16
$4,485.59
$5,715.25
$57,816.89
$381.40
$10,683.86
$11,065.26
$2,285.28
$5,168.00
$4,832.00
$10,000.00
$22,285.28
$106,167.43
$106,167.43
LINE 37 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 37 Plan
Year
IDIS
Project
IDIS
Activity
Voucher
Number Activity Name Matrix
Code
National
Objective Drawn Amount
2021
2022
2022
2022
2022

2021
2021
2022
2022
2022

Total
1 1
1 1
1 2
3 2
2 2
696
708
708
708
708
697
698
709
709
709
6656729
6730430
6753342
6761772
6801661
6656729
6656729
6730430
6761772
6801661
CDBG Administration (2021)
CDBG Administration (2022)
CDBG Administration (2022)
CDBG Administration (2022)
CDBG Administration (2022)
Fair Housing Services (2021)
Landlord Tenant Mediation Services (2021)
Fair Housing Services (2022)
Fair Housing Services (2022)
Fair Housing Services (2022)
21A
21A
21A
21A
21A
21A
21D
21D
21D
21D
21D
21D
Matrix Code 21A
Matrix Code 21D
$12,416.51
$20,700.72
$4,775.54
$2,791.93
$10,934.14
$51,618.84
$6,882.59
$5,092.37
$7,818.63
$6,060.17
$6,121.20
$31,974.96
$83,593.80
202
CAPER 28
OMB Control No: 2506-0117 (exp. 09/30/2021)
APPENDIX B – Proof of Publication, Outreach and Public Comments

PUBLIC NOTICE

CITY OF CHINO

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER)
The public is invited to comment on the City of Chino’s Consolidated Annual Performance and Evaluation Report (CAPER).

The CAPER outlines the accomplishments made during the 20 22-2023 Community Development Block Grant (CDBG) program year. Major subject areas in the CAPER include a narrative that discusses financial resources, number of households and pers ons assisted, an assessment of annual performance, financial summary, and the Integrated Disbursement and Information System (IDIS) reports. The CAPER assesses programs for low- and moderate-income families, social service programs, and various public improvement projects. The CAPER is available for a 15-day public review period (September 5, 2023 – September 19, 2023). A copy of the Consolidated Annual Performance and Evaluation Report (CAPER) is available for review at Chino City Hall, 13220 Central Avenue, Chino, CA, or on the City’s website at https://www.cityofchino.org/185/Community-Development-Block-Grant Questions may be directed to Pat Cacioppo, Management Assistant, at (909) 334-3355 or [email protected]. Written comments concerning the CAPER will be accepted until 4:30 p.m. on September 19, 2023, at the addresses listed above.

Publish Date: September 2, 2023

203

MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 19, 2023

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

SUBJECT
..titl e
Approve the Subdivision Improvement Agreement and securities with KG Investments LLC for Parcel Map No. 20207 located at 13515 Monte Vista Avenue. ..end

RECOMMENDATION
1) Approve Parcel Map No. 20207; 2) approve Subdivision Improvement Agreement and securities with KG Investments LLC; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.
..body

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

204
CITY COUNCIL MEETING DATE: SEPTEMBER 19, 2023
TITLE: KG INVESTMENT LLC - SUBDIVISION IMPROVEMENT AGREEMENT PARCEL MAP NO. 20207.

PAGE: 2

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. 205
CITY COUNCIL MEETING DATE: SEPTEMBER 19, 2023
TITLE: KG INVESTMENT LLC - SUBDIVISION IMPROVEMENT AGREEMENT PARCEL MAP NO. 20207.

PAGE: 3

BACKGROUND
On September 21, 2020, the City of Chino Planning Commission conditionally approved PL20-0019 (Tentative Parcel Map No. 20207 ) for the subdivision of a 0.64 -acre parcel into two parcels consisting of 14,532 an d 13,621 square feet, located at 13515 Monte Vista Avenue (Exhibit A). The subject parcel was originally a larger parcel from an earlier subdivision in 2005.

The site is developed with a single -family home and detached two -car garage that are on the north side of the property which fronts Monta Vista Avenue, and the rest of the site is currently undeveloped.

As part of the Engineering Conditions of Approval requirements, the applicant is required to design and construct certain public improvements along the perimeter of Monte Vista Avenue including, curb and gutter, sidewalk, and driveway approaches . The required public improvements necessitate the execution of a subdivision improvement agreement and the posting of securities to ensure the timely delivery of said public improvements.

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

Therefore, it is staff’s recommendation to the City Council to approve Tract Map No. 20207 and the Subdivision Improvement Agreement and correlating securities.

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

206
207
01225.0006/366470.2 Updated 10-2020

SUBDIVISION IMPROVEMENT AGREEMENT

by and between

CITY OF CHINO

and

KG Investment LLC
208
01225.0006/366470.2

SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN

THE CITY OF CHINO
AND
KG Investment LLC

Agreement Date: September 19, 2023

Subdivider Name: KG INVESTMENT LLC (hereinafter “Subdivider”)

Subdivision Description: A request to subdivide a 0.64-acre parcel into two parcels consisting of 14,532 and 13,621 square feet, located in the RD4.5 zoning district located at 13515 Monte Vista Avenue.

Parcel Map No.: 20207

Estimated Total Cost of Improvements: $14,700.00

Security:

Cash Deposits:

Faithful and Performance: Check No. 7489 in the amount of $14,700 Labor and Material: Check No. 7490 in the amount of $7,400 Warranty: Check No. 7491 in the amount of $1,500

Cash Deposit Agreement: See Exhibit D____________

209
01225.0006/366470.2
Designees for the Service of Written Notice:

CITY: SUBDIVIDER:

Jesus Plasencia
Assistant City Engineer

13220 Central Avenue
Chino, CA 91710

(909) 334-3417
[email protected]
KG Investment LLC

Kent Hsu
Managing Member
3318 El Dorado Street
Torrance, CA 90503

(310) 218-7991
[email protected]

CITY PROJECT INSPECTOR
Isaac Ortega
Permit & Inspection Supervisor

13220 Central Avenue
Chino, CA 91710

(909) 334-3501
[email protected]

210
01225.0006/366470.2

TABLE OF CONTENTS

1. Construction Obligations………........................................................................................ 1

1.1 Works of Improvement

1.2 Other Obligations Referenced in Conditions of Tentative Map Approval

1.3 Intent of Plans

1.4 Survey Monuments

1.5 Performance of Work

1.6 Changes in the Work

1.7 Defective Work

1.8 No Warranty by City

1.9 Authority of the City Engineer

1.10 Documents Available at the Site

1.11 Inspection

1.12 Compliance with Law; Applicable Standards for Improvements

1.13 Suspension of Work

1.14 Erosion and Dust Control and Environmental Mitigation

1.15 Final Acceptance of Works of Improvement

1.16 Vesting of Ownership

1.17 Subdivider’s Obligation to Warn Public During Construction

1.18 Injury to Public Improvements, Public Property or Public Utility

2. Time for Performance ...................................................................................................... 5

2.1 Commencement and Completion Dates

2.2 Phasing Requirements

2.3 Force Majeure

2.4 Continuous Work

2.5 Reversion to Acreage

3. Labor ............................................................................................................................. 6

3.1 Labor Standards

3.2 Nondiscrimination

3.3 Licensed Contractors

3.4 Workers’ Compensation

4. Security ........................................................................................................................... 7

4.1 Required Security

4.2 Form of Security Instruments

4.3 Subdivider’s Liability

4.4 Letters of Credit

4.5 Release of Security Instruments

5. Cost of Construction and Provision of Inspection Service ............................................. 10

5.1 Subdivider Responsible for All Related Costs of Construction 211
01225.0006/366470.2

5.2 Payment to City for Cost of Related Inspection and Engineering Services

5.3 Payment of Development Impact Fees

6. Acceptance of Offers of Dedication ............................................................................... 10

7. Warranty of Work .......................................................................................................... 11

8. Default ........................................................................................................................... 11

8.1 Default by Subdivider

8.2 Remedies

8.3 Remedies Not Exclusive

8.4 Attorney’s Fees and Costs

8.5 Waiver

9. Indemnity/Hold Harmless .............................................................................................. 12

10. Subdivider’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 Subdivider is Not Agent of City

13.5 Time of the Essence

13.6 Notices

13.7 No Apportionment

13.8 Severability

13.9 Captions

13.10 Incorporation of Recitals

13.11 Interpretation

13.12 Entire Agreement; Waivers and Amendments

13.13 Counterparts

14. Authority ....................................................................................................................... 18

212
01225.0006/366470.2
1 SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this “Agreement”) is entered i nto this 19th day of September, 2023, by an d between th e CITY OF CHINO, a municipal corporation, o rganized and existing in the County of San Bernardino, under and by virtue of the laws of the State of California, (“CITY”), and KG Investment LLC (Subdivider”).

RECITALS
A. Subdivider is the owner of, and has obtained approval o f a subdivision map identified as Parcel Map No. 20207, (the “Map”), located in th e City o f Chino, County of San Bernardino, State of California (the “Property”), as described on Exhibit “A”. The Map requires Subdivider to comply with ce rtain conditions of a pproval for the development of the Property (the “Conditions”) as described on Exhibit “B”.

B. Pursuant to the Conditions, Subdivider, by the Map, has offered for dedication to City for public use of the streets and easements shown on the Map. City desires to accept the streets and easements shown on the Map for public use, and certa in other improvements described in this Agreement.

C. Subdivider has delivered to City, and City has approved, plans and specifications and related document s for certain “Works of Improvement” (as hereinafter defined) which are required to be constructed a nd insta lled in order to accommodate the development of the Property.

D. Subdivider’s agree ment to c onstruct and i nstall th e Wo rks of Improvement pursuant to t his Agreement and its offer of dedication of the streets, easements and other improvements and f acilities, as shown on t he Map, are a material consideration to City in approving Final Map No. 20207 for the Property and permitting development of the Property to proceed.

COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City ’s approving the Map for the Property a nd permitting development of the Property to pro ceed, Subdivide r agrees to t imely perform all of its obli gations as set forth herein.

1. Construction Obligations.

1.1. Works of Improve ment. Subdivider agrees, at its sole cost and expense, to construct or install, or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer , street ligh ting, landscaping, utility, and other improvements more fully described in Exhibit “B” attached hereto (the “Works of Improvement ”), as the same may be supplemented and rev ised from ti me to time as s et forth in thi s Agreement (said plans and specifications, together with all related documents, the “Plans”). The estimated con struction cost for the Works of Improvement is $14,700.00.
213
01225.0006/366470.2
2 1.2. Other Obligations Re ferenced in Conditions of Tentativ e M ap Approval . In addition to the foregoi ng, Subdivider shall satisfy a ll of the Conditions on the Map for the Property. The Conditions associated with the Map are included in Exhibit “B” attached hereto.

1.3. Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City E ngineer, (or designee), and in full compliance with all codes and the term s of this Agreement. Su bdivider shall complete a f unctional or op erable improvement or facility , even though the Plans may not specifically call out all items of wor k required for Subdivider’s contractor to complete its tasks, incidental appurte nances, materials, and the like. If any omissions are made o r information n ecessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall i mmediately notify its design engineer who will seek approval of the City Enginee r for furnishing of detailed instructions. In the event of a ny doubt or que stion arising regarding the tr ue meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final.

Subdivider recognizes that the P lans consis t of gener al drawings. All authorized alterations affecting the r equirements and information gi ven on the Plans shall be in writing and approved by the City Engineer . The Plans shal l be suppleme nted by such working or shop drawings as are neces sary to ade quately control the wor k. Without the City Engineer’s prior written approval, no change shall be made by Subdivider or its contractor to any plan, specification, or working or shop drawing after it has been stamped as approved.

1.4. Survey Monuments . Before f inal appro val of street improvements, Subdivider shall place survey monuments as shown on (Final/Parcel) Map No. 20207 in accordance with the provisions of the State Subdivision Map Act and the S ubdivision Ordinance of the City of Chino. Subdivider shall provide security for su ch obligation as provided in Section 4.1(a) (iii) and, after setting the monuments, Subdivider shall furnish the City Engineer written notice of the setting of said monuments and written proof of having paid the engineer or surveyor for the setting of said monuments.

1.5. Performance of W ork. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transporta tion, and incide ntals required to perform Subdivider’s obligations under this Agreement.

1.6. Changes in the Work. The City Engineer, without invalidating this Agreement and without notific ation to any of the sureties or financial institutions referenced in Pa ragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agre ement and to pro tect the public health, safety, or welfare. The City Engineer s hall notify Subdivider or its cont ractor in writi ng (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. The City and Subdivider may mutually agree upon changes to the Work s of Improvement , subject to the security requirements in Section 4.

1.7. Defective Work . Subdivider sha ll cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective. 214
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3 1.8. No Warranty by Ci ty. The Plans for the Works of Improvement have been prepared by or on behalf of Subdiv ider or its c onsultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other pers on regarding the adequacy of the Plans or related documents.

1.9. Authority of the City Engineer . In add ition to the aut hority grante d t o the City Engineer elsewhere in this Agreement , the City Engineer shall have the authority to decide all questions which ma y arise as to the quality and acceptability of materials furnished and work performed, and all quest ions as to the s atisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and its contractor.

1.10. Documents Available at the Site . Subdivider shall cause its cont ractor to keep a copy of all approved Plans at the job site and shall g ive access thereto to the City’s inspectors and engineers at all times.

1.11. Inspection. Subdivider shall have an aut horized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and S ubdivider’s c ontractor(s) regarding the Works of Improvement.

Subdivider shall cause its contrac tor to furnish the City wit h every reasonab le f acility for ascertaining whether or not the Works of Improvement as performed are in accordance with the require ments and int ent of this Agreement, including the Plans. If th e City insp ector requests it, the Subdivider’s contractor, at any time before acceptance of the Works of Improvement, shall remove or uncover such portions of the finished work as may be direct ed which have not previously been inspected. After examination, the Subdivider’s contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City Engineer (or designee) shall not be considered as direct control of the individual workmen on the job site. City’s inspectors shall have the au thority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement.

The inspection of the work by City shall no t relieve Sub divider or its contractor of any obligations to fu lfill this Agreement as herein pro vided, and unsu itable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted.

1.12. Compliance with Law; Applicable Standards for Improvements. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicab le federal, stat e, and local laws, ordinances, rules and regulations. In addition, without limiting the foregoing, the Subdivider shall, at its expense, obtain and comply with the conditions of all necessary permits and licenses for the construction of the Works of Improvement. The Subdivider shall also give all necessary notices and pay all fees and taxes as required by law.

Subdivider shall construct the im provements in accordance with the City standards in effect at the time of the adoption of the Approv ed Tentative Map . City reserv es the right to protect the public safety or welfa re or compl y with appl icable Feder al or State law or City zoning ordinances.

1.13. Suspension of Work. The City Engineer shall have authority to order suspension of the work for fa ilure of the Subdivider’s contractor to comply with law pursuant to Section 215
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4 1.12. In case of suspension of work for any cause w hatsoever, Subdivider and it s contractor shall be respons ible for all materials and shall store them properly if necessary , and shall provide suitable interim drainage and/or dust control measures, and erect temporary structures where necessary.

1.14. Erosion and Dust Control and Environmental Mitigation. All grading, landscaping, and construction activities shall be performed in a mann er to control er osion and pre vent flooding problems. The City Engineer shall h ave the aut hority to r equire erosi on plans to prescribe reasonable controls o n the method, manner, and tim e of grading, landscaping, and construction activities to prevent nuisa nces to surround ing propertie s. Plans shall include without limitation tempora ry drainage and erosio n control re quirements, dus t c ontrol procedures, restri ctions on truck and other con struction traffic routes, noise abatement procedures, storage of materi als and equipmen t, removal of garbage, trash, and refuse, securing the job site to prevent injury, and similar matters.

1.15. Final Ac ceptance of Works of Improve ment. After Subdivider ’s cont ractor has completed all of the Works of Improvement, Subdivider shall then request a f inal inspection of the work. If items are found by the City’s inspectors to be incomplete or not in compliance with this Agreement or any o f the requirements contained or referenced herein, City will inform the Subdivider or its contractor of such items. After the Subdivider’s contractor has completed these items, th e procedure shall then be the same as specified a bove for the Subdivider’s contractor’s initial request fo r final inspection. If items are found by City ’s inspector s to be incomplete or not in compliance a fter two (2) “final” inspections, the City may req uire the Subdivider or its contractor, as a condi tion to performing further f ield inspections, to submit i n writing a detailed statement of the work performed subsequent to the date of the prev ious inspection which was found to be incomplete or not in comp liance at t hat time. Subdivider shall be respons ible for pay ment to City Eng ineer of re -inspection fees i n the amount necessary to cover the City ’s costs for additional final i nspections, as d etermined by the City Engineer.

No inspection or acceptance per taining to specific parts of the W orks of Improve ment shall be construed as final acceptance of any part u ntil the overall final acceptance by the City Engineer is made. The City Engineer shall make a certi fication of completion and acceptance on the Works of Improvement by rec ordation of a Notice of Acc eptance on b ehalf of the Cit y.

Final acceptance shall not constitute a waiver by the City Engineer of defective work subsequently discovered.

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

1.16. Vesting of Ownership . Upon recordation of the Not ice of Acceptance, ownership of the Works of Improvement shall vest in the City.

1.17. Subdivider’s Obliga tion to Warn Public During Construction. Until recordation of the Notice of Acceptance, Subdivider shall give g ood and adequate warning to the public of any dangerous condition of the Works of Improvements, and shall take reaso nable actions to protect the public from such dangerous condition. Until re cordation of th e Notice of Acceptance, Subdivider sha ll provide forty-eight ( 48) hours’ advance written notice to all 216
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5 neighboring property owners and tenants affected by Subdivider’s operations or construction of the hours, dates and duration of any planned construction activities.

1.18. Injury to Public Improvements, Public Property or Pub lic Utility. Until recordation of the Notice of Acceptance of the Works of Improvement , Subdivider a ssumes responsibility for the care and maintenance of, and any damage to, the Works of Improvements. Subdivider shall replace or repair all Works of Improvements, public property, public utility facilities, and surveying or subdivision monuments and benchm arks which are d estroyed or d amaged for any reason, regardless whether resultin g from the acts of the Subdivider, prior to the recordation o f the Notice of Acceptance. Subdivider shall bear the entire cost of such replacement or repairs regardless of what entity owns the underlying property. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.

Neither the City, nor any officer or emp loyee thereof, shall be liable or responsible for any accident, loss or damage, regardl ess 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 Section s 2.2 and 2.3 below, Subdivider shall (i) commence wi th construction and installation of the Works of I mprovement thirty (30) days following City’s appr oval of the Plans ( “Commencement Date”); and (ii) complete or cause to be completed all of the Works of Improvement within two (2) years after the Commencement Date. In the event good cause exists as determined by the City Engineer, the tim e f or commencem ent of const ruction or compl etion of the Works of Improve ment hereunder may be extended by up to three (3) additional one year periods. Extensions shall be executed in writing by the City Engineer. The City Engineer in his or her sole discre tion determines whether or not the Subdivid er has established good cause for an extension. As a condition of such extension, the City Engineer may require Subd ivider to fur nish new security guaranteeing performance of this Agreement, as extende d, in an inc reased amount t o compensate for any increas e in construction costs as de termined by the City Engineer. If Subdivider requests and is granted an extension of ti me for comple tion of the improvements, City may apply the standards in effect at the time of the extension.

2.2. Phasing Requirements. Notwithstanding the provisions of Sect ion 2.1, the City reserves the right to control and regulate the phasin g of completion of specific W orks of Improvement as required to comply with app licable Cit y ordinance s, regulatio ns, and rules relating to t he timely provis ion of public services and fa cilities. In addition to whatever other remedies the City may have for Subdivider’s failure to sati sfy such phasing requirements, as the same now exi st or may b e amended f rom time to time, Subdivider a cknowledges City’s right to w ithhold the issuance of f urther building permits on the Property until such phasing requirements are satisfied. Prior to iss uance of building permits, Subdivider shall provid e satisfactory evidenc e that all a pplicable requi rements that are a condition to issuance of building perm its have been satisfied. Such requirements may include the payment of f ees, construction of improvem ents, or both. Final inspections or issuance of C ertificates of Occupancy may be wi thheld from the Subdivider by the City, if, upon a determination by the City Engineer, completion of specific Works of Improvements or other re quirements associated with th e d evelopment of the Property have not been comple ted to the City Engine er’s satisfaction.
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6 2.3. Force Majeure. Not withstanding the provisions of Section 2.1, S ubdivider’s time for commencement and completion of the Works of Improv ement shall be e xtended for t he period of any enforced delay caused due to circ umstances beyond the control and without the fault o f Subdivider, including t o th e extent applicable adver se weather conditions, flood, earthquakes, strikes, lockouts, pandemics, acts or failures to act of a public agency (including City), required changes to the sco pe of work required by City, and simil ar causes; provided, however, that the period of any enfo rced delay hereunder shall not include any period longer than five (5) days prior to Ci ty’s receipt of a written notice from Subdivider or its contractor detailing the grou nds for Subd ivider’s claim to a right t o extend its tim e fo r performance hereunder. The City Engineer shall evaluate all claims to Force Majeure and make a reasonable det ermination re garding the length of any extension of time for co mmencement and/or completion of the Works of Improvement and the City Engineer’s decision shall be final.

2.4. Continuous Work . After commencement of construction of the Works of Improvement (or sep arate portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consec utive period or more than thirty (30) days, events of Force Majeure excepted.

2.5. Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider’s failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to rever t the Property to acreage subject to the limitations and requirements set forth in California Government Code Section 66499.11 through Section 66499.20.1.

3. Labor.

3.1. Labor Standards. This Agreement is subject to, and Subdivider agrees to comply with, all o f the applicable provisions of the Labor Code includ ing, but not limite d to, the wage and hour, prev ailing wage, worker compensation, and various oth er labor req uirements i n Division 2 , P art 7, Chapter 1 , includ ing section 1720 to 1740, 1770 to 1780, 1810 to 1815, 1860 to 1861, which provisions are specific ally incorporated h erein by referen ce as set for th herein in their entirety. Subdivider shall expressly require compliance with the provisions of this Section in all agreement s wi th contractors and subcon tractors for the performance of the Works of Improvement.

3.2. Nondiscrimination. In accorda nce with the California Fair Employment and Housing Act (“FEHA”), California Government Code Section 12940 et seq., Subdivider agrees that Subdivider, its agents, employ ees, contractors, and subcontractor performing any o f the Works of Impr ovement shall not discriminate, in any way, against any person on the basis of race, ethnicity, religious creed, color, national ori gin, anc estry, physical disability, mental disability, medical condition, genetic information, marital st atus, sex, gender, gender identity, gender expre ssion, age, sexual orientation, or military and v eteran statu s. Subdivid er shall expressly require comp liance w ith the provisio ns o f this Section in all agr eements with contractors and subcontractors for the performance of this Agreement.

3.3. Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors’ licenses for the type of work being performed. All of Subdiv ider’s contractors and subcontracto rs shall obtain a valid City of Chino business license prior t o performing any work p ursuant to t his Agreement. Subdivider shall provide the City Engineer with a list of all of its contractors and 218
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7 subcontractors prior to initiating any work , and all valid Contractor’s licenses and business licenses issued thereto as a condition of constructing the Works of Improvements.

3.4. Worker’s Compensation . Subdivider shall cause every contractor and subcontractor performing any of the W orks of Improvement to carry Worker s’ Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site.

4. Security.

4.1. Required Security.
(a) At the time Subdivider executes this Agreement, Subdivider shall f urnish to City the follo wing bonds, letters of credit , instruments of credit (assignment of deposit accou nt) or other securi ty acceptable to City in its sole and absolute discretion and satisfying the r equirements of the appl icable provi sions of this Section 4 below (hereinafter “Security Instruments”):
(i) A Security Instrument securing Subdivider ’s faithful performance of all of the Works of Imp rovement ( “Faithful Performance Security Instrument”), in the amount of $14,700.00 equal to 100% of the estimated construction cost referenced in Section 1.1.
(ii) A Security Instrument guaranteeing the payment to contracto rs, subcontractors, and other persons furnishing labor, materials, and/or equipment ( “Labor and M aterials Security Instrument”) with respect to the Works of Im provement in an amount equal to $7,400.00 equal to 50% of the estimated construction cost referenced in Section 1.1.
(iii) A Security Instrum ent gu aranteeing the payment of the cost of setting mon uments as requir ed in S ection 1.4 in the a mount of $0.00 equal to 100% of the cost thereof.

This Agreement shall n ot be effective for any purpose until s uch Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security Instrument for Maintenance and Warranty . Prior to the City C ouncil’s a cceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall de liver a Security Instrument w arranting the wo rk accepted for a period of one ( 1) year following said acceptance (“Maintenance and Warranty Se curity Instrume nt”), in the amount of $1,500.00 equal to 10% of the estimated construction c ost set forth in Se ction 1.1 or a suitable amount determined by the City Engineer.

4.2. Form of Securi ty Instrum ents. All S ecurity Instruments shall be i n the amounts required unde r Se ction 4.1 (a) or 4.1(b), as applicable, sh all meet the following minimum requirements and otherw ise shall be in a form provided b y City or otherw ise approved by the City Attorney:
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8 (a) Bonds. For Security Instruments provided in t he form of bonds , any such bond must be issued and executed by an insuran ce company or bank authorized to tr ansact surety busin ess in the State of California. A ny i nsurance com pany acting as surety shall h ave a mini mum rating of A-IX, as rated by the curre nt edition of Be st’s Key Rating Guide published by A.M. Best ’s Company, Oldwick, New Jersey, 08858. Any bank acting as surety s hall have a minimum rating of AA, as rated by Moody’s or Standard & Poor’s.
(b) Letters of C redit. For Security Instruments which ar e letters of cre dit, any letter of credit shall be an original separate u nconditional, irrevocable, negotiable and transferable commercial letter of credit issu ed by a financia l 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 un ilateral certification of the City Engineer of the Cit y that Subdivider is in default u nder its payment or performance obligations h ereunder o r in the ev ent Subdivider fails to delive r a replacement letter of c redit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4.
(c) Instrument of Cre dit. For S ecurity Ins truments which are Instruments of Credit, any Instrument of C redit shall be an assignment of deposit ac count assigning as security to City all of Subdivider’s interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) Cash Deposit . For Sec urity Instruments which are Cash Deposits , Developer shall complete the C ash Deposit to Sec ure Faith ful Performance attached her eto as Exhibit D and Developer and City shall ab ide by the terms thereof..
(e) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Chino, State of Calif ornia (and the Security Instrument shall so provide).
(ii) Each Se curity Instrument shall have a minimum term of one (1) year after the dead line for Subdivider ’s completing the Works of Improvement, in accordance with Section 2.1 (other tha n Instruments of Cred it, which shall have no defined term or expiration date).
(iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuan t to the terms of this Agreement without notice to any issuer or surety and wi thout affecting the obligations under such Security Instrument. (iv) If the Subdivider seeks to replace any security with another security, the replacement shall: (1) comply with all the requirements 220
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9 for security in this Agreement; (2) be provided by the Subdiv ider to the City Engi neer; and (3) upon its written acceptance by the City Engineer, be deemed a pa rt of this Agreement. Upon the City Engineer’s acceptance of a replacement secu rity, the former security shall be released by the City.

4.3. Subdivider’s Liability. While no action of Subdivider shall be required i n order for City to realize on its security und er any Security Instrument, Subdivider agrees to cooperat e with City to facilit ate City’s realization under any Security Instrument, and to take no actio n to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Se curity Instrument or a ny failure by any surety or finan cial institution to perform its obligatio ns with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for t he improvements requir ed to be constructed or installed hereby and shall, within ten (10) days a fter wr itten d emand there for, deliver to City such subst itute security as City shall require satisfying the requirements in this Section 4.

4.4. Letters of Credit.
(a) In the event a letter o f credit is given pursuant to Sec tion 4.2(b), City shall be entitled to dr aw on a ny such letter of credit if a replacement letter of credit (expiring in not less than one (1) ye ar, unless City agrees to a lesser term in City’s sole and absolute discretion) is not delivered not less than t hirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit d elivered hereunder, is sued by a financial institution a cceptable to City as of the date of delivery of the replacement letter of credit. (b) In the event of draw by the City on a letter of credit, the Ci ty may elect, in its sole and absolute discretion, to app ly any such funds drawn to the obligations secured by s uch letter of credit or to hold such fund s in an account under the control of the City, with no i nterest accruing t hereon f or t he benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to th e foregoing, City may thereafter at any time elect instead to apply such f unds as provided in the f oregoing. Subdivider agrees an d hereby grants Ci ty a sec urity interest in suc h account to the extent required for City to realize on i ts interests therein, and agrees to execute and deliver to City any other documents requested by City i n order to evidenc e the creation and perfection o f City ’s security interest in such account.

4.5. Release of Security Instruments . The City shall release all Security Instruments consistent with Government Code Se ctions 66499.7 and 66499.8 , Section 19.09 .010 of the Chino Municipal Code, and as follows:
(a) City shall release the F aithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred:
(i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; 221
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10 (ii) the Works of Improvement have been accepted;
(iii) Subdivider has delivered the Maintenanc e and Warranty Security Instrument; and
(iv) after passage of the time within which lien claims are required to be made pursuant to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California. If lien claims have been timely filed, Cit y shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law.
(b) City shall release the Maintenance and Warranty Secur ity Instrument upon Subdivider’s written request upon t he e xpiration of the warranty period, and settlement of any claims filed during the warranty period. (c) The City may r etain fr om a ny security relea sed, an amount sufficient to cover costs and reasonable e xpenses and fees, incl uding reasonable attorney ’s fees.

5. Cost of Construction and Provision of Inspection Service.

5.1. Subdivider Responsible for All Costs o f Construction . Subdivider shall be responsible for payment of all costs incurred for construction and i nstallation of the Wor ks of Improvement. In the event Subdivider is entitled to reimbursement f rom Cit y for a ny of the Works of Improvement, such reimb ursement shall be subject to a separate Reimbur sement Agreement to be entered into between Subdivider an d City prior to constr uction of the Works of Improvement.

5.2. Payment to City for Cost of Related In spection and E ngineering Services.

Subdivider shall co mpensate City for all of C ity’s costs reasonabl y incurred in having its authorized representative make t he us ual and customary inspections of the Works of Improvement. In addition, Subdivider shall co mpensate City for all des ign, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be a s established by the City. In no event shall Subdi vider be entitled to additional inspectio ns or a final inspection and acceptance of any of the Wo rks of Improvement until all City fees and char ges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections.

5.3. Payment of Development Impact Fees. Subdivider shall pay Development Impact Fees pu rsuant to and in a ccordance wi th Chino Municipa l Code Chapter 3.40 or 3.45, as applicable.

6. Acceptance of Offers of Dedication . The C ity Council shall pass as a ppropriate resolution or resolutions acce pting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication. 222
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11 7. Warranty of Work. Subdivider shal l guarantee all Works of Improvement against defective ma terials and workmanshi p for a period of one (1) year fr om t he date of final acceptance. If any of the Works of Improvement should fail or prove defecti ve within said one (1) year period due to any r eason other than improper maintenance, or if any settleme nt of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifte en (15) days after written notice of such defects, or within such shorter time as may reasonably be dete rmined by the City in the event of emergency, shall com mence to repair or replace the same toget her wit h any o ther work which may be damaged or displace d in so doing. Should Subdivider fail to remed y defective material and/or workmanship or make replaceme nts or repairs within the pe riod of time set forth above, City may make such repairs and replace ments and the actual cost of the required labor and mate rials shall be cha rgeable to and payable by Sub divider. The warranty provided herein shall not be in lie u of, but shall be in addition to, any warranties or ot her obligations otherwise imposed by law.

8. Default.

8.1. Default by Subdivider. Default by Subdivider shall include, but not be limited to:
(a) Subdivider’s failure to timely commence construction of Works of Improvement under this Agreement;
(b) Subdivider’s failure to timely complete construction of the Work s of Improvement;
(c) Subdivider’s failure to perform substantial construction work for a period for 20 consecutive calendar days after commencement of the work; (d) Subdivider’s insolvency, appointment of a receiver, or th e fi ling of any petition in bankruptcy, e ither v oluntary or involu ntary, which Subdivider fails t o discharge within 30 days;
(e) The commencement of a foreclosure action against the subdivision or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (f) Subdivider’s failure to perform any other obligation under this Agreement.

8.2. Remedies. The City rese rves all remedies available t o it at law or in equity for a default or breach of Subdi vider’s obligations un der th is Agreement. The City shal l ha ve the right, subject to this Section, to draw upon or use the appropriate security to mitigate the City’s damages in t he e vent of default b y Subdivider. The City ’s right to draw upon or use the security is in addition to any other remedy available to City. The parties acknowledge that the estimated costs and securit y amounts may not reflect the a ctual cost of cons truction of the improvements and, therefore, City ’s damages for Subdivider ’s default s hall be measured by the cost of completing the required improvements. The City may use the sums provided by the securities for the completion of the Wor ks of Improvement in accordance with the plans. In the event the Subdivider fails to cure any default un der this Agreement wit hin 20 days after the City mails a notice of such default to the Subdivide r and t he Subdivider’s surety, Subdivider authorizes the City to perform t he obligation for which Subdi vider is in default and agrees to 223
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12 pay the entire cost of such performance by th e City . The City may take over th e wo rk and complete the Works of Improvem ent, by contract or by an y other method City deems appropriate, at the expense of the Subdivider. In such event, City, without liability for doing so, may compl ete the Works of Impro vement using any of Subdivider ’s materials, appliances, plans and other pr operty that ar e at the wo rk 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 Subdivider hereunder, the Subdivider agrees that the choice of remedy or remedies for Subdivider’s breach sha ll be in the discr etion of the City. Additionally, any remedy specifically provided in this Agreement shall be in addition to, and not exclusive of, City’s right to pursue any other administrative, legal, or equitable remedy to which it may by entitled.

8.4. Attorney’s Fees and Costs. In th e event that Subd ivider fails to perform any obligation under this Agreeme nt, Subdivider agrees to pay all cos ts and expenses inc urred by City in securing performance of such ob ligations, includi ng costs of suit and reasonable attorney’s fees. In the e vent of any dispute a rising out of Subdivider ’s performance of its obligations under this Agreement or under any o f the Security Inst ruments referenced herein, the prevailing party in such action, in addition to any other relief w hich may be grante d, shall be entitled to recover its reasonable attorney ’s fees and costs. Such attorney’s fees and cost shall include fee s and costs on any appeal, and in addition a party entitled to atto rney’s fees and costs shall be entitled to all ot her reasonable cos ts incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other nece ssary and related costs with respect to the litigation. All such fe es and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment.

8.5. Waiver. No waiver by t he City of any breach or default by the Subdivider shall be considered valid unless in writing, and no such waiver by the City sha ll be deemed a waiver of any subsequent breach or default by the Subdivider.

9. Indemnity/Hold Harmless . Ci ty or any officer, emp loyee or agent thereof shall not be liable for any injury to persons or property occasioned by reas on of the acts or omissions of Subdivider, its ag ents, employees, contractors and subcontractors in the performance of this Agreement. Subdivider further agrees to protect, defend, indemnify and hold harmless City, its officials, boards a nd comm issions, an d members thereof, agents, and employees from any and all claims, demands, cau ses of action, liability or loss of any sort, because of, or arising out of, acts or omissions of Subdivider, it s agents, employees, contractors and subcontract ors in the perform ance of this Agreement, except for such claims, d emands, causes of action, liability or loss arising out of the sole active negligence of the City, its offic ials, boards, commissions, the me mbers thereof, agents and employees, including a ll clai ms, demands , causes of action, liability o r loss because of or arising out of, in whole o r in part, the design or construction of the improvements . This indemnification and agreement to hold harmless s hall extend to injuries to persons and damages o r taking of proper ty resulting from the design or construction of s aid Subd ivision, and the publ ic improvements as provided herein, and in addition, to a djacent property owner s as a consequ ence of the diversi on o f waters from the design and construction of public drainage s ystems, streets and other impro vements.

Recordation of th e Notice of Acceptanc e by the City of the Works of Improvements shall not 224
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13 constitute an assumption by the City of any responsibility for any damage or taking covered by this Section. City shall not b e responsible for the design or construction of t he property to be dedicated o r the improvements pursuant to the approved improvement p lans or map, regardless of any negligent action or inac tion taken by the City in approving the plans or map, unless the p articular improvement design wa s specifically req uired by City over written objection by Subdivider submitted to the City Engineer befo re approval of the par ticular improvement design, which objection indicated that the particular improve ment de sign was dangerous or defective and suggested an alternative safe and feasible design.

After recordation of the Notice of Acceptance , the Subdivi der shall remain oblig ated to eliminate any latent defe ct i n design or dangerous condition caused by th e design or construction defect for a period of one (1) year ; however, Subdivider shall not be r esponsible for routine maintenance. It is the intent of t his section that Subdi vider shall be responsible for all liability for design and construction of the i mprovements installed or work do ne pursuant to this Agreement and that City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving or rev iewing any work or construction. The improvement security shall not be required to cover the provisions of this Paragraph.

Subdivider shall reimburse the City for all costs and expenses, including but not limited to fees and charges of architects, enginee rs, attorneys, and other professi onals, and court costs, incurred by City in enforcing this Section.

10. Subdivider’s Indemnity of Project Approval. Subdivider shall defend, indemnify, and hold harmless the City and its agents, officers, and employees from an y claim, action, or proceeding against the City or its agents, officers, or emplo yees to attack, set aside, void, or annul, an app roval of the City, advisory agency, appeal boar d, or legislative body concerning the Subdivision. The Ci ty shall promptly noti fy the Subdivider of any claim, a ction, or proceeding and cooperate fully in the defense of any such claim, action, or proceeding. In the event City fails to promptly notify the Subdivider of any claim, action, or proceeding, or if th e City fails to cooper ate in the defense, the Subdivide r sh all not thereafter be responsible to defend, indemnify, or hol d harmless the City. Nothing in this Section proh ibits the Ci ty from participating in the defense of any claim, action, or proceeding i f City bears its own a ttorney’s fees and costs and defe nds the action in good faith. Subdivider shall n ot be required to pay or perform any settlement unless the settlement is approved by the Subdivider.

11. Insurance Requirements. Subdivider, at Subdivider’s sole cost and expense and for the full term of this Ag reement and any extensions thereto, shall obtain and ma intain all of the following minimum insura nce requirements i n a form approved by the City’s authorized designee for Risk Management prior to commencing any work:
(a) Commercial General Liability policy wi th a minimum $1 million combined single limit fo r bodil y injury an d property dam age providing all of the following minimum coverage without deductibles:
(i) Premises operations; including X, C, and U coverage; (ii) Owners’ and contractors’ protection;
(iii) Blanket contractual;
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14 (iv) Completed operations; and
(v) Products.
(b) Commercial Business Auto policy w ith a minimum $1 million combined single li mit for bodily injury and property damage, providing all of the following minimum coverage without deductibles:
(i) Coverage shall apply to any and all leased, owned, hired, or non - owned vehi cles used i n pursuit of a ny of the activit ies associated with this Agreement; and
(ii) Any an d all mobile equipment including cranes which are not covered under the above C ommercial Business Auto policy sh all have said coverage provided under the Commer cial Ge neral Liability policy.
(c) Workers Compensation and Employers ’ Liability policy in accordan ce with the laws of the State of California and providing coverage for any and all employees of the Subdivider:
(i) This policy shall provide coverage for Workers ’ Compensation (Coverage A); and
(i) This policy shal l provide coverage for $1,000,000 Employers’ Liability (Coverage B).
(ii) Pursuant to Labor Code section 186 1, Subdivider by execu ting this Agreement certifies: “I am aware of the provisions of Section 3700 of t he Labo r Code whic h requires eve ry employer to be insured against l iability for Workers’ Compensation or to undertake self - insurance in accordance with t he provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.”
(iii) Prior to commencemen t of work, the Sub divider shall file with the City’s Risk Manager a Certificate of Insurance or certific ation of permission to self-insure workers’ compensation conforming to the requirements of the Labor Code.
(d) Endorsements. All of the fo llowing endorsements are required t o be made a part of each of the above-required policies as stipulated below:
(i) “The City of Chino, its officers, employees and agents are here by added as additional insureds.”
(ii) “This policy shall be considered primary insurance with respec t to any other val id a nd c ollectible insurance the City may possess, including any self - insured retenti on the City may have a nd any 226
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15 other insurance the City d oes possess shall be considered excess insurance only.”
(iii) “This insurance shall act for each insured and additional insured as though a separate policy has been written for each. This, however, will not act to increase the limit of the insuring company.” (iv) “Thirty (30) days prior written notice of cancellation shall be given to the City of Chino in the event of cancellat ion and/or r eduction 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) h ereinabove “Cancellation Notice ” is the only endorsement required of the Worke rs’ Compensation and
Employers’ Liability policy.
(e) Admitted Insurers. All insurance companies providing insurance to the Subdivider und er this Agreement shall be admitted to transact the business of insurance by the California Insurance Commissioner.
(f) Proof of Coverage. Copies of all required endorsements shal l be attached to the Certificate of Insurance wh ich sha ll be provi ded by the Sub divider’s insurance company as evid ence of the coverage required herein and shall be mailed to:

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

12. Environmental Warranty.

12.1. Prior to the acceptance of any de dications or Works of Improvemen t by City, Subdivider shall provide City with a written warranty in a form substantially similar to Exhibit “C” attached hereto and incorporated herein by reference, that:
(a) Neither the property to be dedicated nor Subdivider are in violation of any environmental law, and n either the propert y to be dedicated nor the Sub divider are subject to any existing, pending or threatene d investigation by any federal, state or local governme ntal authority under or in connection with the environmental laws relating to the property to be dedicated. (b) Neither Subdivider nor any other person with Subdivider’s permission to be upon the property to be dedicated shall use, generate, manufacture, prod uce, or release, on, under, or about the propert y to be dedicated, any Hazardous Substance except in compliance wit h all applicable environmental laws. For the purposes of this Agreement, the term “Hazardous Substances ” shall mean any 227
01225.0006/366470.2
16 substance or material which is capable of posing a risk of injury to health, safety or property, incl uding all those m aterials and subst ances de signated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or po licy, including but not limited t o, a ll of those materials and substances defined as “Toxic Materials” in Sections 66680 through 6 6685 of Title 22 o f the California Code of Regu lations, Division 4, Chapter 30, as the same shall be amended from time to time , or any other materials requirin g remediation under federal, state or local laws, ordinances, rules, regulations or policies. (c) Subdivider has not c aused or permitted the releas e of, and has no knowledge of the release or presence of, any Hazardous Substan ce on the property to be dedicate d or the migration of any hazardous substance fr om or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (d) Subdivider’s prior and present use of the property to be d edicated has not resulted in the release of any hazardo us s ubstance on the property to be dedicated.

12.2. Subdivider shall give prompt written notice to City of:
(a) Any proceeding or investigation by any federal, state or local governmental (b) authority with respe ct to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any oth er property adjacent to, or in the vicinity of, the property to be dedicated. (c) Any claims made or threatened by any third party against City or the property to be dedicated relating to any l oss or injury resulting from any hazardous substance; and
(d) Subdivider’s discover y of any occurren ce or condition on any property adjoining or in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental law.

13. General Provisions.

13.1. Successors and Ass igns. This Agreement s hall be binding upon all successo rs and assigns to Subdivider ’s right, title, and interest in and t o the Property and any portion thereof. Subdivider h ereby co nsents to City re cording this Agreement as official records of San Bernardino County, affecting fee title interest to the Property to provide constructive notice of the rights and obligations incurred by Subdivider in the City’s approval of this Agreement. In the event th e Property is subsequently conveyed by Subdivider to a th ird party prior to completion of the Works of Improveme nt, whereby the third party is intended to assum e Subdivider’s res ponsibilities with regard to th is Agreement, (the “Replacement Subdivider”), the rights and obligations of this Agreement shall transfe r to the Replacement S ubdivider; however, the Security Instruments required pursuant to Section 4 of th is Agre ement, and furnished by S ubdivider as a co ndition of the Cit y’s approval of this Agreemen t, shall remain 228
01225.0006/366470.2
17 Subdivider’s responsibility to maintain u ntil such time as Subd ivider and its Replacement Subdivider enter into a Transfer and Assignment of Sub division Agreement , (the “Transfer Agreement”), to acknowledge the transfer of fee title to the Property from the Subdivider to its Replacement Subdivider, and to acknowledge the rights and obligations associ ated with this Agreement upon the Replacement Su bdivider, includin g Replacement Subdivider’s responsibility to furnish replacement Security Instruments meeting the City’s approval pursuant to Section 4 of this Agreement. U ntil such time as a Transfer Agre ement, meeting the City ’s approval, is executed by Subd ivider and its Replacemen t Subdivider, and replacement Security Instruments meeting City ’s approval are furnished by the Replacement Subdivider, Subdivider retains sole responsibility for maintaining all Security Instruments required pursuant to Section 4 of this Agreement.

13.2. No Thi rd-Party Benefici aries. This Agreem ent is i ntended to benefit on ly the parties hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any third-party beneficiary rights in this Agree ment in any contractor, subcontractor, member of the general public, or other person or entity.

13.3. No Vesting Rights. Performance by the Subdivider of this Agreement shall not be construed to vest Subdivider ’s rights with respect to any change in any zoning o r building law or ordinance.

13.4. Subdivider is Not Ag ent of City. Neither S ubdivider nor Subdivider ’s agents, contractors, or subcontractors are agents or co ntractors of the City in connection with the performance of Subdivider’s obligations under this Agreement.

13.5. Time of the Essence. Time is of the essence of Subdivider’s performance of all of its obligations under this Agreement.

13.6. Notices. Unless otherwise spe cified in this Agreeme nt, all notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addre ssed as provided in this Sect ion. Notice shall be effective on the date is delivered i n person, or, if maile d, on the date of deposit in the United States Mail.

Notice shall be provided to the per sons listed on Pages 1 an d 2 of this Agree ment by the parties for this purpose.

Either pa rty may provide a new designated representative and/or ad dress by written notice as provided in this Section.

13.7. No Apportionment. Nothing contained in this Agreem ent shall preclude City from expending monies pur suant to agreement s concurrently or previously executed between the parties, or from entering into agree ments with other subdividers for the apportionment of c osts of water and sewer mains, or other improvem ents pu rsuant to t he provisions of the City ordinances providing th erefore. Nor shall anything i n the Agreement commit City to any such apportionment.

13.8. Severability. I f any por tion of this Agreement is held in valid by a court of competent jurisdiction, the remainder of the A greement shall remain in full f orce and effect unless amended or modified by mutual written consent of the parties. 229
01225.0006/366470.2
18 13.9. Captions. The captions of this Agreement are for convenience and reference only and shall not be used in the interpretation of any provision of this Agreement.

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

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

13.12. Entire A greement; Waiv ers and Amendment s. This Agreement integrates a ll of the terms a nd conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements be tween the parties with respect to all or part of the subject matte r hereof, exce pt as may be expr essly provided her ein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged , an d all amendments hereto must be in writing a nd sign ed by the appropriate representatives of both parties.

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

14. Authority. The persons executing this Agreement on behalf of t he parties warrant the (I) party is duly organize d and existing, (i i) they are duly authorized t o execute and deliver this Agreement on behalf of said pa rty, (iii) by so execu ting this Agreement, such party i s formally bound to the provisions of this Agree ment, and (iv) the entering into of this Agreemen t does not violate any provisions of any other agreement to which said party is bound. [SIGNATURES ON NEXT PAGE]
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19 IN WITNESS WHEREOF, the City and the Subdivider have caused this Agreement to be executed the day and year first above written.

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

___________________________ _____________________________ Fred Galante, City Attorney Warren Morelion, AICP
Interim Director of Development Services

SUBDIVIDER: KG INVESTMENT LLC

By:__________________________
(Signature and Date)

Name:__________________________
(Please type or print name)

Title:__________________________
(Please type or print title)

CITY OF CHINO

______________________________
Dr. Linda Reich, City Manager

Dated: ______________________________

ATTEST:

By
Natalie Gonzaga, City Clerk

Dated: ___________________________

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232
01225.0006/366470.2 A-1

EXHIBIT “A”
PARCEL MAP 20207

233
01225.0006/366470.2 B-1
EXHIBIT “B”
PARCEL MAP 20207 WORKS OF IMPROVEMENT
A. Removal of undesirable, dangerous and dead plant materials and roots.

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

C. Relocation of all public utility struct ures as necessary t o properly construct the required improvements.

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

E. Sanitary sewers constructed as s hown on the approved, en gineered plans and in accordance with City Standards.

F. Water mains, valves, hydrants, s ervices, meters and appur tenances to serve each lot as shown o n the approved construction plans a nd in accordance w ith City Standards.

G. Underground installation of all ele ctrical, telephone, cable televis ion and any other energy or communication lines that abut or are within the project site.

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

I. Disposal of all rock s and debris loc ated within any public r ight-of-way wi thin said development or on the boundary streets thereof.

J. Installation o f concre te curbs, gutters , sidewalks, cross gutters, driveways and intersections as shown on appr oved construction plans and in ac cordance with City Standards.

K. Installation of asphalt concrete or Portlan d Cement Co ncrete s treet pavement on base material as shown on approved construction plans and in accordance with C ity Standards.

L. Street signs at intersections per the City Standards.

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

N. Setting monuments as required by the State Code.

The Subdivider shall also perform all wo rk and furnish all materials necessar y, in the opinion of the Director of Development Serv ices or his des ignee and on his order, to complete the improvements in accordance wi th the plans and specif ications on file as hereinbefore specified, or any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work. 234
01225.0006/366470.2 C-1

EXHIBIT “C”
PARCEL MAP NO. 20207
KG Investment LLC

ENVIRONMENTAL WARRANTY
As a condition precedent to acc eptance of the dedicat ions and public improvements to be conveyed by the above -named Subdivider t o the City of Chino for the above-referenced Subdivision, Subdivider hereby warrants to the City of Chino that:

1. Neither the property to be dedicated nor Sub divider are in violati on of any environmental law, and neither the property to be dedicated nor t he Subdivider are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection wit h the e nvironmental laws relating to the property to be dedicated.

2. Neither Subdivider nor any other person with Su bdivider’s p ermission to be upon the prop erty to be dedicated ha s used, generated, manu factured, produced, or released, on, under, or abou t the p roperty to be d edicated, any Hazar dous Substance except in compliance with all applicable environmental laws. F or the purpo ses of this warranty, the ter m “Hazardous Substances ” shall mean any substa nce or material which is capable of posing a risk o f injur y to health, sa fety or property, i ncluding all those materials and substances designated a s 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 C ode of Regulations, D ivision 4, C hapter 30, as the same shall be amended from time to time, or any other mat erials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies.

3. Subdivider has not caused or permit ted the release of, a nd has no knowledge of th e rel ease or pre sence of, any Hazardous Substance on the prope rty to be dedicated or the migration of any hazardo us substance from or t o any other propert y adjacent to, or in the vicinity of, the property to be dedicated.

4. Subdi vider’s prio r and present use of the prop erty to be dedicated ha s not resulted in the release of any Hazardous Substance on the property to be dedicated.

5. All persons executing this warranty hereby represent and warrant to the City of Chino, and Subdivider hereby r epresents and warrants, that the signators hereto ha ve the legal power, rig ht and authority to execute this warranty on behalf of the Subdivider and that the signators hereto have sufficient knowledge or expertise, either p ersonally, through reasonable inspection and i nvestigation of the property, or throug h reasonable reliance upon the investigation and professional opinion of S ubdivider’s environmental experts, to mak e the representations herein, and that no consent of any other party is 235
01225.0006/366470.2 C-2

required to execute this warranty and make the representations herein on behalf of the Subdivider to the City of Chino.

Each of the undersigne d perso ns declares und er penalty of perju ry that the foregoing is true and correct.

Dated: _________________________

SUBDIVIDER*

KG Investment LLC
*Proof of authorization for Subdivider ’s signatures is required to be submitted concurrently with this environmental warranty.

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01225.0006/366470.2 D-1

EXHIBIT “D”
See Cash Deposit Agreement to Secure Performance of Public Improvements following this page
237

CASH DEPOSIT AGREEMENT TO SECURE

PERFORMANCE OF PUBLIC IMPROVEMENTS

This Cash Deposit Agreement to Secure Performance of Public Improvements (“Deposit Agreement”) is provided with the Public Improvement Agreement between KG Investment, LLC, (“Developer”) and the City of Chino (“City”), dated September 5, 202 3 (“Public Improvement Agreement”), together with any changes or alterations there to agreed upon in writing by the Developer and the City, to secure the construction of public improvements described in the Public Improvement Agreement . By this Deposit Agreement, Developer pledges that a Cash Deposit in the separate amounts described as follows:

1. Faithful and Performance: $14,700.00,

2. Labor and Material: $7,400.00,

3. Warranty: $1,500.00

The above amounts sh all collectively be described herein as “Cash Deposit” and be deposited with the City concurrently with Developer’s execution of the Public Improvement Agreement and shall be held by the City in trust for the purpose of guaranteeing t he faithful performance by the Developer of co nstructing the public improvements referred to in the Public Improvement Agreement as the Works of Impr ovement. The Works of Improvement shall be constructed in accordance with the Public Improvement Agreement . Any other security required under the Public Improvement Agreement not listed above shall be provided in the form of separate bonds or other acceptable security pursuant to Section 4.2.

The City will hold said Cash Deposit until such time that the City a uthorizes its release per the terms of t he Public Improvement Agreement. Developer and City acknowledge that the funds will be available for immediate use and no interest will be due Developer or owed by the City on the Cash Deposit. Prior to the completio n and acceptance of the Works of Improvement by the City and with the written authorization of the City Engineer and/or his/her designee , in his/her discretion, said funds may be reduced as the required improvements are satisfactorily completed and tentatively accepted by the City Engineer and/or his/her designee.

If the Developer fails to complete the Works of Improvement pursuant to the Public Improvement Agreement, then the City Engineer and/or his/her designee shall submit a signed statement to the Developer providing notice that said improvements have not been completed to the satisfaction of the City and as required by the Developer pursuant to the Public Improvement Agreement. The Developer shall complete said improvements within the times provided in the Public Improvement Agreement. If the Developer is not granted time extension or fails to comply with the revised construction schedule, then t he Developer agrees the Cash Deposit shall be released by the City to complete said Works of Improvement. No further notice is required by the City to the Developer for the City to use the Cash Deposit to complete the Works of Improvement and no additional permission from the Developer will be required for the Cash Deposit to be used for completing the improvements.

The City agrees that if Developer fails to perform and the Cash Deposit is spent by the City to complete the Works of Improvement, then the Cash Deposit shall be used solely for the purpose of completing said Works of I mprovement, and for no other p urpose. Upon completion of the improvements, in accordance with the Public Improvement Agreement attached hereto, and the acceptance thereof by the City Engineer and/or his/her designee , any portion of said Cash Deposit, minus those additional expenses described below, remaining shall be returned to the Developer or its assignee. The City shall keep records of how the Cash Deposit was spent to complete the Works of Improvement.
238
239

MEMORANDUM

CITY OF CHINO

HUMAN RESOURCES DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 19, 2023

TO: LINDA REICH, CITY MANAGER
FROM: GERIANN KINGSLAN, DIRECTOR OF HUMAN RESOURCES/RISK

MANAGEMENT

SUBJECT
..titl e
Adoption of Ordinance No. 2023 -018 Amending Chapter 2.52 of the Chino Municipal Code pertaining to Holidays (Second Reading).
..end

RECOMMENDATION
Approve the adoption 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. ..body

FISCAL IMPACT
The cost of was included in the adopted Fiscal Year 2023-2024 budget.

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. 240
CITY COUNCIL MEETING DATE: SEPTEMBER 19, 2023
TITLE: ADOPTION OF ORDINANCE NO. 2023 -018 REGARDING CITY OF CHINO DESIGNATED HOLIDAYS.

PAGE: 2

BACKGROUND
This matter was introduced on first reading by the Council at their September 5, 2023 meeting.

The ordinance changes the designated holiday schedule to include Christmas Eve and New Year’s Eve and the closure of City facilities, with exception of the Police Department, to become effective Fiscal Year 2023-24 as part of the labor negotiation agreements.

The change also included the closure of City Hall, with the exception of essential services, between the Christmas and New Year’s Holid ay, to be authorized by the City Council on an annual basis.

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

ISSUES/ANALYSIS
ORDINANCE NO. 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

Attachment: Ordinance No. 2023-018

241

ORDINANCE NO. 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

WHEREAS, the City of Chino has adopted an ordinance designating specific holidays upon which non-safety public offices and buildings of the City of Chino will be closed; and

WHEREAS, by this ordinance, the City Council authorized a change to the designated holiday schedule to include Christmas Eve and New Year’s Eve and the closure of City facilities, to become effective in Fiscal Year 23/24 as part of the labor negotiations agreements; and

WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

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 2.52.020 of the Chino Municipal Code shall read as follows:

A. Non-safety public offices and buildings of the City of Chino shall not be open on the following holidays:

(a) New Year's Day
(b) Martin Luther King Day
(c) Presidents' Day
(d) Memorial Day
(e) Independence Day
(f) Labor Day
(g) Veterans' Day
(h) Thanksgiving Day
(i) Day after Thanksgiving
(j) Christmas Eve
(k) Christmas Day
(l) New Year’s Eve

B. If one of the above- designated holidays falls on Saturday, the preceding Friday will be observed as a holiday.

C. If one of the above-designated holidays falls on Sunday, the following Monday will be observed as a holiday.

D. The City Council reserves the right to close non-safety public offices and buildings of the 242
Ordinance No. 2023-018

Page 2 of 3 ends

Chino City CouncilSeptember 19, 2023

Chino City Council
September 19, 2023