Chino City Council
April 16, 2024

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, APRIL 16, 2024

REGULAR MEETING
AGENDA
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.

FLAG SALUTE

CEREMONIALS
Presentations
Troop 201 Scout Recognition. Special Recognition of Chino Rotary Troop 201 Scout Leaders John Anderson, Cristian Li, and Patricia Cox.

Proclamations
National Public Safety Telecommunicators Week. Proclaim April 14 - 20, 2024 as National Public Safety Telecommunicators Week.

AGENDA ADDITIONS/REVISIONS

INFORMATION
Economic Development Report. Receive and File the Quarterly Economic Development Report.

External Agency Report. Receive and File the External Agency Report for April 2024. 1 CHINO CITY COUNCIL
APRIL 16, 2024 2

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

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

CONSENT CALENDAR
At this time, members of the public may present testimony as to why an item should be removed from the Consent Calendar for separate discussion. Unless a member of the public or City Council requests that an item be removed from the Consent Calendar, all items will be acted upon as a whole and by one vote. 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 769953 to 770159, and Electronic Fund Transfers 519015E to 519099E, totaling $3,851,275.53.

2. Minutes. Regular Meeting Minutes for April 2, 2024 (All Members Present).

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

4. Resolution Opposing Initiative No. 21 -0042A1. Adopt Resolution 2024 -018 opposing Ballot Measure #1395, “The Taxpayer Protection and Government Accountability Act” (Initiative AG # 21-0042A1).

5. 2023 Chino Climate Action Plan Annual Report. Receive and file the 2023 Chino Climate Action Plan Annual Progress Report, which outlines the City's progress to reduce Greenhouse Gas (GHG) emissions.

6. Property Tax Allocation for Annexation - LAFCO Reorganization (Detachment/Annexation from County Service Area 70) No. 3268 - East End Annexation. Adopt Resolution 2024 -017, determining the amount of property tax revenues to be exchanged between and among the City of Chino and the County of San Bernardino, resulting from the jurisdictional change described by LAFCO 3268 (PL20-0003, Annexation).

7. Federal Asset Forfeiture Funds - Patrol Equipment Purchase (Federal Grant G424F). Approve the appropriation of $43,073.14 from unappropriated reserves of the Asset Forfeiture/Department of Justice Fund 120 for the purchase of patrol equipment and increase the Asset Forfeiture revenue by $43,073.14.

8. Chino Preserve Development Corporation - Development Impact Fee Credit & Reimbursement Agreement Tract Map No. 16420-5 (Block 3). Approve a Development Impact Fee Construction Credit/Reimbursement Agreement with Chino Preserve Development Corporation for Tract Map No.16420-5 (Block 3) in the amount of $4,077,734.

9. Final Acceptance of Public Improvements for Tract Map No. 20165 (Block 4) area in The Preserve Specific Plan. Final Acceptance of Public Improvements for Tract Map No. 20165, Chino Preserve Development Corporation, generally located south of Market Street, west of Hellman Avenue, north of Legacy Park Street, and east of Discovery Park Avenue. 2 CHINO CITY COUNCIL
APRIL 16, 2024 3

10. Final Acceptance of Public Improvements for Tract Map Nos. 19951 & 19952. Final Acceptance of Public Improvements for Tract Map Nos. 19951 and 19952, Lennar Homes of California, Inc., generally located at the northwest corner of Bickmore and Alpine Meadows Avenues in The Preserve Specific Plan area.

11. Assumption and Partial Assignment of the Preserve Development Agreement between the City of Chino, a Municipal Corporation; Chino Development Corporation, a California Corporation; and Century Communities of California, LLC, a Delaware Limited Liability Company. Approve an Assumption and Partial Assignment of the Preserve Development Agreement between the City of Chino, Chino Development Corporation, and Century Communities of California, LLC.

12. Amendment No. 1 to the Three -Party Cooperative Agreement between the City of Chino, the City of Ontario, and the San Bernardino County Flood Control District (SBCFCD) for the San Antonio Regional Storm Drain Project (R8001). Approve Amendment No. 1 to the three -party Cooperative Agreement for the San Antonio Regional Storm Drain Project (R8001) to increase the applicable costs by $284,750, for a revised City share amount of $868,750.

13. Amended and Restated Resolution Authorizing the Examination of Sales or Transactions and Use Tax Records. Adopt Resolution 2024 -020, An Amended and Restated Resolution Authorizing the Examination of Sales or Transactions and Use Tax Records.

NEW BUSINESS

14. Issuance of Bonds Community Facilities District 2003 -03 Improvement Area 10. Adopt Resolution 2024-019 for the issuance of Bonds for Community Facilities District (CFD) 2003-03 and approve Bond Counsel Agreement with Stradling, Yocca, Carlson & Rauth in the amount of $75,000.

Staff Report By: Rob Burns, Director of Finance
RECOMMENDATION: 1) Adopt Resolution No. 2024 -019 of the City Council of the City of Chino, acting as the legislative body for Community Facilities District No. 2003 -03 IA10 of the City of Chino (the “District”), approving the issuance of the bonds and the substantially final forms of the Preliminary Official Statement, Fiscal Agent Agreement, Bond Purchase Agreement, Continuing Disclosure Agreement, and Appraisal Report (collectively, the “Bond Documents”); and 2) approve the Bond Counsel Agreement with Stradling, Yocca, Carlson & Rauth in the amount of $75,000.

15. Amendment to Huitt -Zollars, Inc. Agreement for Design Professional Services - Pine Avenue Extension and Connection to State Route 71 (ST061). Approve a ninth amendment to the Design Professional Services Agreement with Huitt -Zollars, Inc., Irvine CA, Agreement 2015-232, in the amount of $359,730, for a total agreement amount not to exceed $5,292,514.11.

Staff Report By: Michele Hindersinn, Principal Engineer RECOMMENDATION: Approve a ninth amendment to the Design Professional Services Agreement with Huitt-Zollars, Inc., Irvine CA, Agreement 2015 -232, in the amount of $359,730, for a total agreement amount not to exceed $5,292,514.11; and authorize the City Manager to execute all necessary documents on behalf of the City.
3 CHINO CITY COUNCIL
APRIL 16, 2024 4

16. Traffic Signal Installation at Eucalyptus & Fern (TR240). Award a Construction Contract with Elecnor Belco Electric, Inc., Chino, CA, for the Traffic Signal Installation at Eucalyptus & Fern.

Staff Report By: Hye Jin Lee, PE, Director of Public Works RECOMMENDATION: 1 ) Appropriate $175,000 from the unappropriated reserves of the Measure I Fund with a corresponding increase to the Traffic Signal Installation at Eucalyptus & Fern (TR240); 2) appropriate $546,402 to the Transportation Fund with a corresponding backfill transfer from the Bridges/Signal/Thoroughfare Fund 220, bringing the total project TR240 budget to $1,271,402; 3) award a construction contract to Elecnor Belco Electric, Inc., Chino, CA, for the Traffic Signal Installation at Eucalyptus & Fern (TR240) for a contract amount of $1,146,360 and authorize up to $114,636 (10% of the contract amount) for construction contingencies for a not to exceed contract amount of up to $1,260,996; and 4) authorize the City Manager to execute all necessary documents on behalf of the City.

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

Mayor Ulloa
Mayor Pro Tem Comstock

17. Community Support Fund - Mayor Pro Tem Comstock. Approve community support fund contributions for multiple non-profits and community groups for the Fiscal Year 2023-24.

Staff Report By: Mayor Pro Tem Comstock
RECOMMENDATION: Approve community support fund contribution of $250 to Isaiah’s Rock, $250 to UCHOOZ Positive Youth, $500 to Chino Police Officers’ Foundation, $500 to Chino Valley Fire Foundation, $250 to Chino Kiwanis Club, $250 to Chino American Little League, $500 to Chino National Little League, $500 to Chino Girls Fastpitch Softball, $250 to Chino Boxing Club, $125 to Rancho Del Chino Rotary Club, $500 to Chino Valley Soroptimist Club, $500 to Don Lugo High School Sports Booster Club, $250 to Chino High School Sports Boosters, $250 to Chino Police Explorer Post #211, and $125 to Chino Valley Chamber Foundation Leadership Project supporting the Chino Community Children’s Theatre.

Council Member Burton
Council Member Flores

18. Community Support Fund - Council Member Flores. Approve community support fund contributions for multiple non-profits and community groups for the Fiscal Year 2023-24.

Staff Report By: Council Member Flores
RECOMMENDATION: Approve community support fund contribution of $500 to Chino Valley Chamber Foundation Leadership Project supporting the Chino Community Children’s Theatre and $500 to Trail Life Troop 2678.

Council Member Lucio
City Manager's Report
City Attorney's Report
4 CHINO CITY COUNCIL
APRIL 16, 2024 5
Police Chief's Report
Fire Chief's Report

ADJOURN
The next Regular Meeting of the City Council will be held on Tuesday, May 7, 2024 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, April 11, 2024, this agenda was posted on the south window of Chino City Hall and this agenda together with all of the agenda reports and related documents were posted on the City’s website at www.cityofchino.org by myself or under my direction.
_______________________________________
Natalie Gonzaga, City Clerk.
5 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 16, 2024

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

SUBJECT
..titl e
Troop 201 Scout Recognition.
..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
 Exemplary Leadership
 Public Service Excellence through Internal and External Partnerships

6 MEMORANDUM

CITY OF CHINO

POLICE DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 16, 2024

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: KEVIN MENSEN, CHIEF OF POLICE

SUBJECT
..titl e
National Public Safety Telecommunicators Week
..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
 Exemplary Leadership
 Public Service Excellence through Internal and External Partnerships

7 8

MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 16, 2024

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

SUBJECT
..titl e
Receive and File the Quarterly Economic Development Report. ..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
 Financial Stability
 Responsible Long-Range Planning
 Exemplary Leadership
 Public Service Excellence through Internal and External Partnerships

9 10
11 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 16, 2024

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

SUBJECT
..titl e
External Agency Report for April 2024 (Covering March 1, 2024 – March 31, 2024). ..end
..body

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further s the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built by fostering:
 Positive City Image
 Financial Stability
 Responsible Long-Range Planning
 Exemplary Leadership
 Public Service Excellence through Internal and External Partnerships

BACKGROUND
Members of the Chino City Council are assigned to represent the City on several external agencies, committees, boards, and task forces. While the frequency of meetings varies by agency, many meet monthly. Others meet quarterly, bi-monthly, or on an as-needed basis.

ISSUES/ANALYSIS
The attached Monthly Agency Report for April 2024 summarizes recent discussions and actions during external meetings attended by City Council Members. It focuses on items that may impact or be of interest to the City of Chino, its residents, and its businesses. The April 2024 report covers meetings that occurred from March 1, 2024, to March 31, 2024.

12 CITY OF CHINO

MONTHLY AGENCY REPORTS
APRIL 16, 2024 - Covering meetings from March 1 through March 31, 2024 Members of the Chino City Council are assigned to represent the City on several external agencies, committees, boards, and task forces. This report summarizes the actions and discussions of those entities as they may impact or be of interest to the City of Chino, its businesses, and its residents.

CHAFFEY COLLEGE CHINO COMMUNITY CENTER OVERSIGHT COMMITTEE Council Representative: Marc Lucio | Staff Report By: Silvia Avalos The March meeting was rescheduled to April 16, 2024.

Next anticipated meeting date: April 16, 2024
Chino Valley Chamber of Commerce
Council Representative: Christopher Flores | Staff Report By: Ellyse Martinez Meeting Date: March 18, 2024 (Board meeting)

1. Ellyse Martinez attended the Red Wing Shoes ribbon cutting on March 16, 2024. She presented the business with a certificate of recognition.

2. Council and Staff attended the Chamber’s Salute to Public Safety on March 21, 2024. Mayor Ulloa presented honorees with certificates of recognition.

3. Staff attended a Chamber business mixer at Gozo Kitchen and Lounge on March 27, 2024.

Next anticipated meeting date: April 15, 2024

CHINO BASIN DESALTER AUTHORITY
Council Representative: Eunice Ulloa | Staff Report By: D ave Crosley Meeting Date: March 7, 2024
The C hino Basin Desalter Authority Board of Directors conducted routine business, including approval of amendments to two service agreements, and the reconciliation of FY 2022/23 cost allocation.

Next anticipated meeting date: April 4, 2024

CHINO BASIN WATERMASTER
Council Representative: Eunice Ulloa | Staff Report By: Dave Crosley Meeting Date: March 28, 2024
The Board of Directors conducted routine business, including approval of an employment contract for Todd Corbin, who begins in the role of General Manager on April 15, 2024.

Next anticipated meeting date: April 25, 2024

13 MONTHLY AGENCY REPORTS – APRIL 16, 2024 (Covering Meetings from 3/1/24 – 3/31/24) PAGE 2

CHINO VALLEY INDEPENDENT FIRE DISTRICT Liaison to Board of Directors Council Representative: Karen Comstock | Staff Report By: Linda Reich Meeting Date: March 13, 2024

1. The Fred L. Burns Award for 2023 was presented to Steve Elie for his involvement in the Chino Valley Fire Foundation Heart Safe and Bleed Safe community programs. Chino Council Member Karen Comstock provided a Certificate of Recognition to Mr. Elie on behalf of the City.

2. The Board approved the Second Reading of Ordinance 2024-01, increasing the compensation of the Board of Directors effective July 1, 2024. The item was passed 4-1, with Board Member DeMonaco voting “No.”

3. During the Liaison Reports to the Fire District, Mayor Pro Tem Comstock and Liaison to the Fire Board , Karen Comstock, reported on Chino Days , the sale of retired City street signs , and the status of Chino Measure V.

Next anticipated meeting date: April 10, 2024

CHINO VALLEY UNIFIED SCHOOL DISTRICT
Council Representative: Curtis Burton | Staff Report By: Vivian Castro Meeting Date: March 7, 2024

1. During Comments from Employee Representatives, the Associated Chino Teachers representative stated that negotiations were at an impasse and that a session with a state mediator is scheduled for April 16.

2. New Board Policy and Administrative Regulation 5010 -Notification - The Board adopted a new Board Policy and Administrative Regulation that requires parent/guardian notification about their student in specified circumstances. The item was moved by Na and seconded by Cruz. The motion carried 4-1, with Bridge voting no. The student representative voted No.

3. Amendment to Fiscal Impact for Bid No. 22 -23-0SF, Preserve II School - The Board approved amending the funding source for Bid No. 22-23-0SF for new construction of the Preserve II School, which was listed as Measure G Building Fund 21. Due to additional sources of funding being utilized for this project, Capital Facilities Fund 25 and ELOP Fund 01 , the bid had to be amended to obtain Board approval to utilize the additional funding source. The item was approved as part of the Consent calendar, which passed unanimously (5-0), as amended.

4. During the Board and Superintendent comments, there was mention of the ongoing labor negotiations and the desire for those to be resolved before meeting the State labor mediator.

5. Superintendent Enfield stated that Woodcrest Junior High School in Chino was named a California Distinguished School.

6. Board President Sonja Shaw spoke about efforts to recall her from the school board.

Meeting Date: March 21, 2024

1. The employee representative for the Associated Chino Teachers provided comments on labor negotiations.
14 MONTHLY AGENCY REPORTS – APRIL 16, 2024 (Covering Meetings from 3/1/24 – 3/31/24) PAGE 3

2. The Board approved the revision of Board Policy 6146.1, regarding High School Graduation Requirements, and Board Policy 6146, regarding Differential Graduation and Competency Standards for Students with Disabilities.

3. Board members provided comments and concerns regarding the March 7 public meeting.

Next anticipated meeting date: April 4, 2024
CHINO VALLEY UNIFIED SCHOOL DISTRICT – Measure G Oversight Committee Council Representative: Karen Comstock | Staff Report By: Silvia Avalos No meeting during this reporting period.

Next anticipated meeting date: May 1, 2024
CITIZEN’S COMMITTEE FOR CIM & CIW
Council Representative: Marc Lucio | Staff Report By: Aaron Kelliher No meeting during this reporting period.

Next anticipated meeting date: April 9, 2024

INLAND EMPIRE UTILITIES AGENCY REGIONAL SEWERAGE PROGRAM Council Representative: Eunice Ulloa | Staff Report by: Dave Crosley Meeting Date: March 7, 2024
The Policy Committee received updates regarding the Chino Basin Program and the IEUA Operations Unit.

Next anticipated meeting date: April 4, 2024
LEAGUE OF CALIFORNIA CITIES – I nland Empire Division
Council Representative: Curtis Burton | Staff Report by: Jackie Melendez No meeting during this reporting period.

Next anticipated meeting date: April 4, 2024
LEAGUE OF CALIFORNIA CITIES – Legislative Task Force
Council Representative: Karen Comstock | Staff Report by: Vivian Castro No meeting during this reporting period.

Next anticipated meeting date: TBD

OMNITRANS BOARD OF DIRECTORS
Council Representative: Eunice Ulloa | Staff Report by: Dennis Ralls Meeting Date: March 6, 2024
The Omnitrans Board received a report on the Management Plan Strategic Initiatives and Key Performance Indicators for Fiscal Year 2024 Second Quarter. The report indicates that systemwide ridership is up by 10.8% 15 MONTHLY AGENCY REPORTS – APRIL 16, 2024 (Covering Meetings from 3/1/24 – 3/31/24) PAGE 4

this quarter. On-time performance was 78.5% for fixed route service while that for OmniAccess was 95.7%. A survey of customers during the quarter indicated that OmniAccess received a positive rating of 84.9%. No Chino area specific metrics were included in the report.

Next anticipated meeting date: April 3, 2024

ONTARIO INTERNATIONA L AIRPORT AUTHORITY (OIAA) INTER -AGENCY COLLABORATIVE (ROUNDTABLE)
Council Representative: Curtis Burton | Staff Report by: Jackie Melendez Meeting Date: March 5, 2024
Alan Wapner, President, OIAA Board of Commissioners, provided welcome remarks . Atif Elkadi, CEO, OIAA, provided the ONT airport report, including the arrival of a new Global Entry Enrollment Center. The new center is the sixth in California and will offer a convenient, local option for international travelers from the Inland Empire and nearby communities who wish to enroll in the popular program that allows expedited clearance for pre-approved, low-risk travelers upon arrival in the United States. Ray Wolfe, Executive Director with San Bernardino County Transportation Authority (SBCTA) provided a transportation update. Otis Greer, Director of Legislative & Public Affairs with SBCTA, provided a legislative update. Steve Lambert , 20/20 Network, led a discussion about the need for more positive news stories about the Inland Empire.

Next anticipated meeting date: June 4, 2024

SAN BERNARDINO COUNTY SOLID WASTE ADVISORY TASK FORCE
Council Representative: Karen Comstock | Staff Report by: Xo chitl Huerta No meeting during this reporting period.

Next anticipated meeting date: April 17, 2024
SBCTA – San Bernardino Co. Transportation Authority Board of Directors Council Representative: Eunice Ulloa | Staff Report by: Dennis Ralls Meeting Date: March 6, 2024
The Board approved all requested changes to the FY 2017/18 Transportation Development Act - Article 3 grant program. Chino requested a major scope change to address a difference in the bicycle classification facility type built with the grant. The approved applicat ion indicated Chino would build dedicated Class I bicycle facilities; however, the City constructed Class II & III facilities that share the roadway with vehicles.

Chino also requested a time extension until the end of 2024 to allow for final billing to be processed with the Chino Valley Unified School District , which incorporates portions of the project scope into the public improvements constructed as part of the Chino High School Improvement Project. The item also included change requests from Rialto, Rancho Cucamonga, San Bernardino, and Fontana. All change requests were approved on consent without discussion. This approval allows Chino to be reimbursed the full grant amount of $440,081.

Next anticipated meeting date: April 3, 2024
16 MONTHLY AGENCY REPORTS – APRIL 16, 2024 (Covering Meetings from 3/1/24 – 3/31/24) PAGE 5

SBCTA – City Selection Committee
Council Representative: Eunice Ulloa | Staff Report by: Jackie Melendez No meeting during this reporting period.

Applications for board vacancies closed on March 8. On April 3, the City Selection Committee meeting and elections will be held at 11:00 a.m. at the Santa Fe Depot, in San Bernardino, immediately following the SBCTA Board of Directors meeting.

Next anticipated meeting date: April 3, 2024
SCAG – General Assembly
Council Representative: Marc Lucio | Staff Report by: Jackie Melendez No meeting during this reporting period.

Next anticipated meeting date: General Assembly to reconvene May 2-3, 2024 Santa Ana Watershed Advisory Council
Council Representative: Chris Flores | Staff Report by: Dave Crosley No meeting during this reporting period.

Next anticipated meeting date: TBD
Water Facilities Authority Board of Directors
Council Representative: Eunice Ulloa | Staff Report by: D ave Crosley Meeting Date: March 21, 2024
The Water Facilities Authority Board of Directors conducted routine business , including approval of a 2024 Class & Compensation Study Schedule B, and received proposed FY 2024/25 budget information.

Next anticipated meeting date: May 16, 2024
West Valley Mosquito and Vector Control District
Council Representative: Chris Flores | Staff Report by: V ivian Castro Meeting Date: March 26, 2024

1. The Board was presented reports on Staff, Field Operations, Vector Disease and Surveillance, Outreach Activities, and Administrative matters.

2. The Board approved the following:
a. Resolution No. 2024-02, revising the District’s Public Records Act Request Guidelines. b. Resolution No. 20 24-03, affirming the District's Conflict of Interest Code Pursuant to the Political Reform Act of 1974.
17 MONTHLY AGENCY REPORTS – APRIL 16, 2024 (Covering Meetings from 3/1/24 – 3/31/24) PAGE 6

c. Resolution No. 2024-04, amending the District’s Claims Procedures.

Next anticipated meeting date: April 23, 2024
18 MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 16, 2024

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

SUBJECT
..titl e
Warrants.
..end

RECOMMENDATION
Approve expenses as audited and within budget for warrants 769953 to 770159, and Electronic Fund Transfers 519015E to 519099E, totaling $3,851,275.53. ..body

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

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

Revenue:

Expenditure:

Transfer In: Transfer Out:
19 CITY COUNCIL MEETING DATE: APRIL 16, 2024
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. 769953 – 770063 3/21/24 23-24 $1,011,243.66

2. 770064 – 770157 3/28/24 23-24 $592,543.50

3. 770158 – 770159 3/28/24 23-24 $111,814.88

4. 519015E – 519065E 3/22/24 23-24 $512,985.98

5. 519066E – 519099E 3/29/24 23-24 $1,622,687.51

E: Electronic Fund Transfer
TOTAL $3,851,275.53

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

RB:hm
Attachment

20 Council Meeting 4/16/24

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

Check
Number
Check Date Vendor Name Description Amount
769973 03/21/2024 BIGGS CARDOSA ASSOCIATES, INC. DESIGN AND BID SUPPORT $85,189.25 770016 LANDSCAPE WEST MANAGEMENT SERVICES,
INC.

LANDSCAPE MAINTENANCE $67,950.00
770057 WASTE MANAGEMENT COLLECTION SERVICES $433,085.64 519025 03/22/2024 CIVICA LAW GROUP, APC PROFESSIONAL LEGAL SERVICES $56,138.48 519047 MERCHANTS LANDSCAPE SERVICES INC LANDSCAPE MAINTENANCE $59,094.94 519063 WATER FACILITIES AUTHORITY IMPORTED WATER $144,847.50 770155 03/28/2024 WASTE MANAGEMENT COLLECTION SERVICES $168,992.26 770159 BUREAU VERITAS NORTH AMERICA, INC. GENERAL PLAN CHECK SERVICES $109,692.17 519075 03/29/2024 CHINO VALLEY INDEPENDENT FIRE DISTRICT FIRE PROTECTION SERVICES $1,374,485.56 519087 HUMANE SOCIETY OF POMONA VALLEY ANIMAL CONTROL SERVICES $53,157.50

10 TOTAL $2,552,633.30

21 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 16, 2024

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

SUBJECT
..titl e
Regular Meeting Minutes for April 2, 2024 (All Members Present). ..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, APRIL 2, 2024

MINUTES
CLOSED SESSION – 4:45 PM
OPEN SESSION – 6:00 PM
_________________________________________________________________________________

CALL TO ORDER
The April 2, 2024, Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 4:48 p.m. by Mayor Eunice M. Ulloa in the Council Chambers.

ROLL CALL
PRESENT: Mayor Eunice M. Ulloa, Mayor Pro Tem Karen C. Comstock, Council Member Curtis Burton, Council Member Christopher Flores, and Council Member Marc Lucio ABSENT: NONE.

CLOSED SESSION PUBLIC COMMENTS
There were no requests to speak.

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

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 Case

2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION.

Pursuant to Paragraph (1) of Subdivision (d) of Government Code Section 54956.9 Hoffman v. City of Chino, San Bernardino County Superior Court, Case No. CIVDS2016095

3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR. Pursuant to Government Code Section 54956.8
Property: 13201 9th Street APN 1020262240000
Agency Negotiator: Linda Reich, City Manager; Negotiating Parties: Kavous Emami Under Negotiation: Price and terms of potential acquisition The City Council recessed to Closed Session at 4:49 p.m. and concluded at 6:07 p.m. The City Council reconvened the meeting at 6:15 p.m.
23 CHINO CITY COUNCIL
APRIL 2, 2024 2

FLAG SALUTE
Mayor Pro Tem Comstock led the assembly in reciting the Pledge of Allegiance.

CEREMONIALS
Proclamations
Arbor Day. Proclaim April 5, 2024 as Arbor Day in the City of Chino.

Mayor Ulloa read into the record the Proclamation designating April 5, 2024 as Arbor Day in Chino. Steve Lewis, Chino Youth Museum President and Sal Parra, City of Chino Public Works Supervisor were present to accepted the Proclamation.

Autism Awareness Month. Proclaim April 2024 as Autism Awareness Month in the City of Chino.

Mayor Ulloa read into the record the Proclamation designating April 2024 as Autism Awareness Month in Chino. Dane D'Antuono, City of Chino CSPR Coordinator, Nicole Aptekar, Board Member, Autism Society Inland Empire, and Felicia Guzman, CEO founder, Adrian's World, Inc., were present to accepted the Proclamation.

Child Abuse Prevention Month. Proclaim April 2024 as Child Abuse Prevention Month in the City of Chino.

Mayor Ulloa read into the record the Proclamation designating April 2024 as Child Abuse Prevention Month in Chino. Hilary Ray, Interim Associate Network Officer, Children's Network of San Bernardino County and Ted Bistarkey, City of Chino CSPR Manager were present to accepted the Proclamation.

Donate Life Month. Proclaim April 2024 as Donate Life Month in the City of Chino.

Mayor Ulloa read into the record the Proclamation designating April 2024 as Donate Life Month in Chino. Robert Ralston, One Legacy Ambassador, Donate Life, was present to accept the proclamation.

Presentations
City of Chino 2023 Photo Contest Winners. Recognition of Photo Contest Winners:
- Chino Animals: Jessica Lau
- Chino Fun: Heather Peralta
- Chino Living: Carolina Becerril
- Chino Nature & Landmarks: Jorge Borjas
- Chino Sports: Kimora Moore
Mayor Ulloa announced the City of Chino 2023 Photo Contest Winners and presented certificates of recognition to Jessica Lau, Heather Peralta, Carolina Becerril, Jorge Borjas, and Kimora Moore.
24 CHINO CITY COUNCIL
APRIL 2, 2024 3
Business of the Month. Award of Business of the Month for April 2024 to Peach Body Studios.

Mayor Ulloa presented the April 2024 Business of the Month Award to Peach Body Studios owner Rosy Nava, and her staff, were present to accept the award.

Mayor’s Home Beautification Award. Award of Mayor’s Home Beautification Award for April 2024.

Mayor Ulloa announced the Mayor's Home Beautification Award for April 2024 was awarded to the Chuan and Ling family of Rice Avenue in Chino, who were unable to attend the meeting to accept their award, but ensured staff will deliver their award to them.

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

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

2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION.

Pursuant to Paragraph (1) of Subdivision (d) of Government Code Section 54956.9 Hoffman v. City of Chino, San Bernardino County Superior Court, Case No. CIVDS2016095 The City Council received a brief update, provided direction, and no further reportable action was taken.

3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR. Pursuant to Government Code Section 54956.8
Property: 13201 9th Street APN 1020262240000
Agency Negotiator: Linda Reich, City Manager; Negotiating Parties: Kavous Emami Under Negotiation: Price and terms of potential acquisition
The City Council considered the price and terms of potential acquisition, provided direction, and no further reportable action was taken.

AGENDA ADDITIONS/REVISIONS
City Manager Linda Reich announced Consent Item No. 14 will be pulled for separate discussion.

INFORMATION
External Agency Reports. Receive and File External Agency Reports for January 2024 and February 2024.

Mayor Ulloa announced the External Agency Report was included in the agenda packet. 25 CHINO CITY COUNCIL
APRIL 2, 2024 4

PUBLIC ANNOUNCEMENTS
Mayor Ulloa issued a reminder about the following scheduled community events:

Healthy Family Day is on Saturday, April 6 from 10:00 a.m. to 2:00 p.m. at Ayala Park. The day will include fitness demonstrations, engaging family contests, and children's activities. For more information visit www.cityofchino.org/HFD.

The Corn Feed Run Car Show & Cruise is on Saturday, April 27, from 8:00 a.m. to 3:00 p.m. at City Hall. The event is hosted by the Chino Kiwanis Club. Visit www.ChinoKiwanis.com for more details.

FREE Residential Community Clean -Up Day will take place on Saturday, April 13, from 8:00 a.m. to 1:00 p.m. at 13793 Redwood Street. For more information, call 1(800) 423-9986.

PUBLIC COMMENTS
Chaplian Henry Aguilar of Chino Valley Fire District, provided the invocation.

Melissa Compani, Representative for Fourth District County Supervisor Curt Hagman, announced updates and upcoming events hosted by Supervisor Hagman.

Brian Yonan, resident, spoke regarding smog emission reduction.

CONSENT CALENDAR

1. Warrants. Approve expenses as audited and within budget for warrants 769739 to 769952, and Electronic Fund Transfers 518936E to 519014E, totaling $3,110,768.71.

2. Minutes. Regular Meeting Minutes for March 19, 2024 (All Members Present).

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

4. City Council Temporary Advisory Committees. Approve request to establish temporary advisory committees regarding the 1) General Plan Update 2) Housing Element Update and 3) Heman G Stark Youth Correctional Facility Property.

5. Proposed Revision of the City of Chino Citywide Legislative Policy. Adopt Resolution 2024-002 to approve the City of Chino Citywide Legislative Policy updates.

6. Report on State and Federal Legislative Issues. Approve the City of Chino positions on legislation as specified in the Tracked State Legislation March 21, 2024 report and receive and file position letters on legislation, the High Priority Legislative Items Report, and the Federal Update.

7. Annual Comprehensive Financial Report for Fiscal Year 2022 -23. Receive and file the City of Chino's Annual Comprehensive Financial Report for Fiscal Year 2022-23.

8. Declaration of Intention to Establish Improvement Area 11 in Community Facilities District 2003-3 and incur Bonded Indebtedness for the Improvement Area. Adopt Resolution No. 2024-011 and Resolution No. 2024 -012; approve a Reimbursement Agreement between the City of Chino and The Chino Preserve Development Corp.; and authorize the City Manager to execute all necessary documents on behalf of the City.
26 CHINO CITY COUNCIL
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9. Amendment to Agreement - CrossPoint Church. Approve the Third Amendment to the Contract between CrossPoint Christian Reformed Church of Chino and the City of Chino to extend the term for an additional year to allow for continued truck and container storage on church property.

10. 2023 General Plan and Housing Element Annual Report. Receive and file the 2023 General Plan and Housing Element Annual Reports which will subsequently be filed with the Governor's Office of Planning and Research and the California Department of Housing and Community Development.

11. Adoption of Ordinance No. 2024 -004. Adopt Ordinance No. 2024 -004 - Zone Ordinance Amendment PL23-0119 (Second Reading).

12. Adoption of Ordinance No. 2024 -006. Adopt Ordinance No. 2024 -006, approving the Chino Police Department's "Military Equipment" Use Policy (Second Reading).

13. Award a Professional Services Agreement with Butier Engineering, Inc., Tustin, CA for Construction Management, Testing, and Inspection Services for Projects No. WA212 and WA214. Award a Professional Services Agreement in the amount of $2,172,358 for Construction Management for Projects WA212 and WA214.

Item No. 14 was pulled from the Consent Calendar for separate action.

Motion by Council Member Burton, seconded by Mayor Pro Tem Comstock, to approve the Consent Calendar items 1 -13 as presented; with item 14 pulled for separate action.

The motion carried by the following vote:

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

ABSENT: NONE.

ITEMS PULLED FROM CONSENT CALENDAR

14. Construction Credit/Reimbursement Agreement with Chino Development Corporation, a California Corporation, and Chino Preserve Development Corporation, a California Corporation for the Construction of Water Source, Storage, and Distribution Improvements at Various Locations in The Preserve. Adopt Resolution 2024 -009 and approve a construction credit/reimbursement agreement for an amount not to exceed $28,753,683.02 for the construction of water source, storage, and distribution improvements at various locations in The Preserve.

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

Mayor Ulloa inquired when the balance owed to the applicant will be paid and Ms. Ramos explained the payment date is uncertain since developers who build water infrastructure are entered into Development Impact Fee (DIF) credit reimbursement agreements to meet their DIF obligations, noting there is not much balance owed to them as a result. Mayor Ulloa explained applicants at times do not receive cash reimbursement because their DIF credits may reduce their cash reimbursement to a zero balance.
27 CHINO CITY COUNCIL
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Motion by Council Member Burton, seconded by Council Member Lucio, to approve item

14. 23 -048 Construction Credit/Reimbursement Agreement with Chino Development Corporation, a California Corporation, and Chino Preserve Development Corporation, a California Corporation for the Construction of Water Source, Storage, and Distribution Improvements at Various Locations in The Preserve. The motion carried by the following vote:

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

ABSENT: NONE.

NEW BUSINESS

15. Construction Credit/Reimbursement Agreement with Chino Development Corporation, a California Corporation, and Chino Preserve Development Corporation, a California Corporation for the Construction of Storm Drain Improvements at Various Locations in The Preserve. Adopt Resolution 2024 -013 and approve a construction credit/reimbursement agreement for an amount not to exceed $6,485,122.11 for storm drain improvements at various locations in The Preserve; and appropriate $500,000.00 (Fund 263).

Staff Report By: Sylvia Ramos, Associate Engineer
RECOMMENDATION: 1) Appropriate $500,000.00 to the Storm Drain Fund with a corresponding year -end transfer in the same amount from The Preserve Storm Drain Development Impact Fee Fund (Fund 263); 2) adopt Resolution 2024-013 memorializing Chino Development Corporation, a California corporation rights to the highest priority reimbursement from The Preserve Storm Drain Development Impact Fee Fund (Fund 263 ); 3) approve a construction credit/reimbursement agreement with Chino Development Corporation, a California corporation and Chino Preserve Development Corporation, a California corporation for an amount not to exceed $6,485,122.11 for the construction of storm drain improvements at various locations in The Preserve; 4) approve an immediate reimbursement to Chino Development Corporation, a California corporation in the amount of $500,000.00 for said improvements; and 5) authorize the City Manager to execute all the necessary documents on behalf of the City.

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

Council Member Burton requested staff to explain the channels referenced in the report and Ms. Ramos clarified the channels discussed represent the earth channels that connect the Kimball and Bickmore basins, are dirt channels versus concrete.

Motion by Mayor Pro Tem Comstock, seconded by Council Member Flores, to 1) Appropriate $500,000.00 to the Storm Drain Fund with a corresponding year -end transfer in the same amount from The Preserve Storm Drain Development Impact Fee Fund (Fund 263 ); 2) adopt Resolution 2024 -013 memorializing Chino Development Corporation, a California corporation rights to the highest priority reimbursement from The Preserve Storm Drain Development Impact Fee Fund (Fund 263 ); 3) approve a construction credit/reimbursement agreement with Chino Development Corporation, a California corporation and Chino Preserve Development Corporation, a California corporation for an amount not to exceed $6,485,122.11 for the construction of storm drain improvements at various locations in The Preserve; 4) approve an immediate 28 CHINO CITY COUNCIL
APRIL 2, 2024 7
reimbursement to Chino Development Corporation, a California corporation in the amount of $500,000.00 for said improvements; and 5) authorize the City Manager to execute all the necessary documents on behalf of the City. The motion carried by the following vote:

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

ABSENT: NONE.

16. Certification of Election Results for the March 5, 2024 Special Municipal Election (Ballot Measure V). Adopt Resolution No. 2024 -014, reciting the facts of the Special Municipal Election, declaring the results and such other matters as provided by law, and adopt Ordinance No. 2024-007 (Second Reading).

Staff Report By: Natalie Gonzaga, City Clerk
RECOMMENDATION: Approve 1) adoption of Resolution No. 2024-014 reciting the facts of the City of Chino Special Municipal Election held on March 5, 2024, declaring the results and such other matters as provided by law and 2) adoption of Ordinance No. 2024 -007, a New Chapter

3.18 Transactions and Use Tax of the Chino Municipal Code (Second Reading).

Natalie Gonzaga, City Clerk, provided a report on the item.

Motion by Mayor Pro Tem Comstock, seconded by Council Member Burton, to Approve 1) adoption of Resolution No. 2024 -014 reciting the facts of the City of Chino Special Municipal Election held on March 5, 2024, declaring the results and such other matters as provided by law and 2) adoption of Ordinance No. 2024 -007, a New Chapter 3.18 Transactions and Use Tax of the Chino Municipal Code (Second Reading). The motion carried by the following vote:

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

ABSENT: NONE.

17. Administration and Examination of Records of the Local Transaction and Use Tax (Measure V).

Adopt Resolutions authorizing agreements with California Dept. of Tax and Fee Administration to implement a local transaction and use tax and authorize examination of sales or transactions and use tax transactions; approve a contract with HdL Companies.

Staff Report By: Rob Burns, Director of Finance
RECOMMENDATION: Approve 1) Adopt Resolution No. 2024 -015 authorizing the City Manager to execute agreements with the California Department of Tax and Fee Administration to implement a local transaction and use tax; 2) adopt Resolution No. 2024 -016, rescinding Resolution No. 2003 -32 and authorizing examination of sales or transactions and use tax by City officials and an independent contractor; 3) approve a contract between HdL Companies and the City of Chino for the administration of the City’s 1% Transaction and Use Tax (Measure V); and 4) authorize the establishment of Fund 103 titled Measure V 2024.

Rob Burns, Director of Finance, provided a report on the item, noting the City will work with the California Department of Tax and Fee Administration to implement the one percent transaction and use tax, which will take effect July 2024.
29 CHINO CITY COUNCIL
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Motion by Mayor Pro Tem Comstock, seconded by Council Member Lucio, to Approve 1) Adopt Resolution No. 2024-015 authorizing the City Manager to execute agreements with the California Department of Tax and Fee Administration to implement a local transaction and use tax; 2) adopt Resolution No. 2024 -016, rescinding Resolution No. 2003-32 and authorizing examination of sales or transactions and use tax by City officials and an independent contractor; 3) approve a contract between HdL Companies and the City of Chino for the administration of the City's 1% Transaction and Use Tax (Measure V); and 4) authorize the establishment of Fund 103 titled Measure V 2024. The motion carried by the following vote:

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

ABSENT: NONE.

MAYOR AND COUNCIL REPORTS
Mayor Ulloa
Mayor Ulloa reported on the following meetings and events attended since the last meeting that included the special meeting Tanaka Farms Tour; Water Facilities Authority Board of Directors meeting; Salute to Public Safety event; Legislative Policy Committee meeting; Steve McQueen Car Show Rally held at Boys Republic; Omnitrans Board of Director’s meeting; City Manager meeting; State of the City filming; Chino Desalter Authority Finance Committee meeting; House of Ruth grand re-opening; City Manager meeting; and Closed Session.

Mayor Pro Tem Comstock
Mayor Pro Tem Comstock reported on the following meetings and events attended since the last meeting that included the Salute to Public Safety; Legislative Policy Committee meeting; Steve McQueen Car Show Rally benefiting the Boys Republic; Baker to Vegas event to support the Chino Police Department Team; Infrastructure/Streets Committee meeting; and Closed Session.

Council Member Burton
Council Member Burton reported on the following meetings and events attended since the last meeting that included the special meeting Tanaka Farms Tour; Planning Commission meeting; Salute to Public Safety; Baker to Vegas event to support the Chino Police Department Team; City Manager meeting; and Closed Session.

Council Member Flores

18. Community Support Fund - Council Member Flores. Approve community support fund contribution to Don Lugo Sports Booster.

Staff Report By: Council Member Flores
RECOMMENDATION: Approve community support fund contribution of $500 to Don Lugo Sports Booster.
30 CHINO CITY COUNCIL
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Motion by Council Member Burton, seconded by Mayor Pro Tem Comstock, to Approve community support fund contribution of $500 to Don Lugo Sports Booster. The motion carried by the following vote:

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

ABSENT: NONE.

Council Member Flores reported on the following meetings and events attended since the last meeting that included the special meeting Tanaka Farms Tour; Ball n Brunch at The Preserve; water meeting at City Hall; Salute to Public Safety; Community Services, Parks and Recreation Commission meeting; Boxing Board meeting; Easter Bunny Extravaganza; and Closed Session.

Council Member Lucio
Council Member Lucio reported on the following meetings and events attended since the last meeting that included the special meeting Tanaka Farms Tour; City Manager meeting; State of the City filming; meeting with Eren O’Leary; Infrastructure/Streets Committee meeting; Red Cross blood donation at Cal Poly Red Cross location; and City Manager meeting.

City Manager's Report
City Manager Reich had no report, but wished the Mayor a Happy Birthday.

City Attorney's Report
City Attorney Fred Galante provided an update on Senate Bill 10, which was adopted in 2021, and the effects it will have on local agencies.

Police Chief's Report
Chief Mensen congratulated the City of Chino Police Department Baker to Vegas Team, reported on the upcoming Special Olympics activities, announced the Tip a Cop fundraiser to support the Special Olympics is forthcoming and is hoping to promote the torch run to take place on Central Avenue.

Fire Chief's Report
Fire Chief Dave Williams had no report.

ADJOURN
The meeting adjourned at 7:36 p.m. The next meeting of the City Council will be a Workshop held on Tuesday, April 9, 2024 at 6:00 p.m. in these Council Chambers. The next Regular Meeting of the City Council will be held on Tuesday, April 16, 2024 at 6:00 p.m. (Closed Session no earlier than 4:00 p.m. if necessary) in these Council Chambers.
31 CHINO CITY COUNCIL
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APPROVED AND ADOPTED THIS 16TH DAY OF APRIL 2024.
________________________________
EUNICE M. ULLOA, MAYOR
ATTEST:
________________________________

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

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 16, 2024

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

SUBJECT
..titl e
Elected City Officials’ Report Regarding Travel, Training, and Meetings.

..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:

 Superior Customer Service
 Responsible Long-Range Planning
 Exemplary Leadership
 Public Service Excellence through Internal and External Partnerships

Revenue:

Expenditure: 1002000-43320
Transfer In: Transfer Out:
33 CITY COUNCIL MEETING DATE: APRIL 16, 2024
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 agenci es 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 publi c inspection at the City Clerk’s office located in City Hall at 13220 Central Avenue, Chino, CA.

Attachment – Exhibit A

34 Event Date Meeting Purpose
and Subject Matter
Location City Official
Attendees
None.

35 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 16, 2024

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

SUBJECT
..titl e
Resolution Opposing Initiative No. 21-0042A1.
..end

RECOMMENDATION
Adopt Resolution No. 2024-018, opposing Ballot Measure #1395, “The Taxpayer Protection and Government Accountability Act” (Initiative AG # 21-0042A1). ..body

FISCAL IMPACT
There is no direct fiscal impact.

The proposed measure, however, puts billions of local government tax and fee revenues at risk statewide, thereby jeopardizing core public services.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built by fostering:
 Financial Stability
 Responsible Long-Range Planning
 Exemplary Leadership
 Public Service Excellence through Internal and External Partnerships

36 CITY COUNCIL MEETING DATE: APRIL 16, 2024
TITLE: RESOLUTION OPPOSING INITIATIVE NO. 21-0042A1.

PAGE: 2

BACKGROUND
The California Business Roundtable (CBRT) filed Ballot Measure #1395, the Taxpayer Protection and Government Accountability Act (AG # 21 -0042A1), on January 4, 2022 . On February 1, 2023, the measure qualified for the November 2024 ballot.

The Taxpayer Protection and Government Accountability Act (Act) would revise the California Constitution with provisions that limit voter authority and input, adopt new and stricter rules for raising taxes and fees, and may make it more difficult to impose fines and penalties for violation of state and local laws.

In 20 22, CBRT attempted to place this measure on the November 2022 ballot but failed to obtain enough signatures. The League of California Cities (League), along with a broad coalition of local governments, labor, public safety, education, and infrastructure ad vocates, strongly opposes this initiative.

Local government revenue -raising authority is currently substantially restricted by state statute and constitutional provisions, including the voter-approved provisions of Proposition 13 of 1978, Proposition 218 of 1996, and Proposition 26 of 2010. The Taxpayer Protection and Government Accountability Act adds and expands restrictions on voters and local government tax and fee authority.

Major Provisions of AG #21-0042A1
Fees and Charges
 Except for licensing and other regulatory fees, fees and charges may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” The burden to prove the fee or charge does not exceed “actual cost” is changed to “clear and convincing” evidence.  Requires fees and charges paid for the use of local and state government property and the amount paid to purchase or rent government property to be “reasonable.” These fees and charg es are currently allowed to be market -based. Whether the amount is “reasonable” (introducing a new legal standard aiming to force below market fee and charge amounts) must be proved by “clear and convincing evidence.” The standard may significantly reduce the amount large companies (e.g., oil, utilities, gas, railroads, garbage/refuse, cable, and other corporations) will pay for the use of local public property.
 Prohibits fees on new development based on vehicle miles traveled.

Taxes
 Taxes and fees adopted after Jan uary 1, 2022, that do not comply with the new rules, are void unless reenacted.
 Invalidates Upland decision that allows a majority of local voters to pass special taxes.

The measure specifies that taxes proposed by the initiative are subject to the same rules as taxes placed on the ballot by a city council.
 Expressly prohibits local advisory measures , which allow local voters to express a preference for how local general tax dollars should be spent.  Requires voter approval to expand exi sting taxes (e.g., Utility, Transient Occupancy) to new territory (e.g., annexations) or to expand the tax base (e.g., new utility service). 37 CITY COUNCIL MEETING DATE: APRIL 16, 2024
TITLE: RESOLUTION OPPOSING INITIATIVE NO. 21-0042A1.

PAGE: 3

 New taxes can only be imposed for a specific time period.  City charters may not be amended to include a tax or fee.  All state taxes require majority voter approval.

Fines and Penalties
 May require voter approval of fines, penalties, and levies for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties.

Local Government Revenues
Fees and Taxes
Local governments levy a variety of fees and other charges to provide core public services.

Significant examples of affected fees and charges are:
 Nuisance abatement charges, such as for weed, rubbish, and general nuisance abatement, to fund community safety, code enforcement, and neighborhood cleanup programs.
 Commercial franchise fees.
 Emergency response fees, such as in connection with DUI.  Advanced Life Support (ALS) transport charges.
 Document processing and duplication fees.
 Transit fees, tolls, parking fees, and public airport and harbor use fees.  Facility use charges, fees for parks and recreation services, garbage disposal tipping fees.

Virtually every city, county, and special district must regularly (e.g., annually) adopt increases to fee rates and charges and revise rate schedules to accommodate new users and activities.

Most of these would be subject to new standards and limitations under threat of legal challenge.

Based on the current volume of fees and charges imposed by local agencies, including council - adopted increases to simply accommodate inflation, the League estimates the amount of local government fee and charge revenue at ri sk is approximately $2 billion per year , including those adopted since January 1, 2022. Over ten years, $20 billion of local government fees and charge revenues will be at heightened legal peril.

Hundreds of local tax measures were approved in 2022 and 2023 that likely do not comply with the provisions of the initiative. Nearly $2 billion of annual revenues from these voter -approved measures will cease a year after the effective date of the measure, reducing the local public services funded by these measures unless the tax is re-submitted for voter approval.

Reductions in local government tax revenues impact core services and infrastructure, including fire and emergency response, law enforcement, streets and roads, drinking water, sewer sanitation, parks , libraries, affordable housing, homelessness prevention, and mental health services.

Fines and Penalties
Under existing law, cities are required to provide due process before imposing a penalty or fine for violation of its municipal code:
38 CITY COUNCIL MEETING DATE: APRIL 16, 2024
TITLE: RESOLUTION OPPOSING INITIATIVE NO. 21-0042A1.

PAGE: 4

1. A local age ncy must adopt administrative procedures that govern imposing fines and penalties, including providing a reasonable period of time for a person responsible for a continuing violation to correct or remedy the violation [Gov't Code 53069.4].

2. Notice must be given to the violating party before imposing the penalty; and give the party an opportunity to be heard and present any facts or arguments [ Merco Construction Engineers v. Los Angeles Unified School District (1969) 274 CA 2d 154, 166].

3. The fine may not be "excessive" [U.S. Constitution amendments VIII and XIV].

The initiative converts administratively imposed fines and penalties into taxes unless a new, undefined, and ambiguous “adjudicatory due process” is followed. This provision may put at risk authority to impose fines and penalties for violations of state and local law.

ISSUES/ANALYSIS
The Taxpayer and Government Accountability Act, or AG# 21 -0042A1, would make significant changes impacting local governments and voters, including the following:

1. Prohibiting local advisory measures, thus inhibiting the ability of voters to decide how tax dollars should be spent.

2. Setting a new standard for fees and charges paid for the use of local and state government property. The standard may significantly restr ict the amount oil companies, utilities, gas companies, railroads, garbage companies, cable companies, and other corporations pay for the use of local public property.

3. Requiring voter approval to expand existing taxes (e.g., utility user tax, use tax, hote l tax) to new territory (e.g., annexation) or expand the base (e.g., new utility service). This would require additional tax measures and may deter annexations and land development in cities.

4. Prohibiting city charters from being amended to include a tax or fee.

5. Requiring that new taxes can be imposed only for a specified period of time.

6. Specifying t hat t axes adopted after Jan uary 1, 2022 that do not comply with the new rules are void unless reenacted.

Initiative 21 -0042A1 threatens the autonomy of cities to finance public services. The League estimates that if the measure passes, approximately $2 billion in existing fees and charges, along with $2 billion in voter-approved measures, will be subject to legal challenge.

The proposal would require state and local tax measures to identify the type, amount, and duration of the tax. Tax measures must have an end date . It additionally prohibits local advisory measures that allow local voters to express a preference for how local general tax dollars should be spent.

Initiative 21-0042A1 would require that all n ew city taxes put before voters in elections include an end date for the measure. Taxes continuing indefinitely would not be allowed. Local special taxes also would require a two -thirds vote instead of a simp le majority, per the attorney general’s summary of the initiative.

The proposal undermines voter rights, transparency, and accountability by retroactively canceling measures passed by local voters.
39 CITY COUNCIL MEETING DATE: APRIL 16, 2024
TITLE: RESOLUTION OPPOSING INITIATIVE NO. 21-0042A1.

PAGE: 5

The proposal also includes undemocratic provisions that w ould make it more difficult for local voters to pass measures needed to fund local services and projects. If enacted, Initiative 21 - 0042A1 would invalidate the court decision that allows a majority of local voters to pass special taxes and instead specify that taxes proposed by initiative are subject to the same rules as taxes placed on the ballot by a city council.

This proposal does not benefit taxpayers, as the initiative’s name implies ; in fact, it would hurt taxpayers by diminishing quality of life and minimizing voter input on how tax dollars are spent.

Initiative 21-0042A1 threatens the ability of cities to provide essential services and infrastructure to their residents and would make it more difficult for local voters to pass measures needed to fund local services and projects.

Attachments: Resolution 2024-018
Initiative No. 21-0042A1

40 RESOLUTION NO. 2024-018

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHINO, CALIFORNIA, OPPOSING “THE TAXPAYER
PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT ,”
INITIATIVE NO. 21-0042A1, A MEASURE ON THE NOVEMBER
5, 2024 BALLOT

WHEREAS, the City of Chino is a growing and dynamic community that requires the support of and coordination with the State of California and other regional public agencies; and

WHEREAS, an association representing California’s wealthiest corporations is spending tens of millions of dollars to promote a deceptive ballot measure currently eligible for the November 2024 statewide ballot; and
WHEREAS, the measure creates constitutional loopholes that allow corporations to pay far less than their fair share for the imp acts they have on our communities, which could force residents and taxpayers to pay more to maintain services; and WHEREAS, the measure threatens billions of dollars every year in local government funding for services like fire and emergency response, law enforcement, affordable housing, services to support homeless residents, mental health services, and more; and WHEREAS, the measure is an attack on voters’ rights, containing undemocratic provisions that would make it more difficult for local voters to pa ss measures to fund services, provisions that retroactively cancel measures recently passed by voters, and provisions that prevent voters from passing advisory measures that provide direction on how they want their local tax dollars spent; and
WHEREAS, Initiative No. 21-0042A1 would require any local tax approved between January 1, 2022 and the effective date of the measure to be nullified unless it fulfills the requirements of the measure; and
WHEREAS, Initiative No. 21-0042A1 would require any special tax to be approved by a two- thirds vote of the electorate; and
WHEREAS, Initiative No. 21 -0042A1 would e ffectively allow well -funded interests from outside Chino to undermine local control and voter-approved decisions about investments needed in local essential services and infrastructure; and
WHEREAS, the measure contains intentionally restrictive language that will encourage hundreds of frivolous lawsuits against cities and local governments – costing taxpayers many millions and stopping investments in vital local services; and WHEREAS, the measure would make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and
WHEREAS, the measure is opposed by hundreds of local governments, teachers, firefighters, working families and local elected officials.

41 RESOLUTION NO. 2024-018
PAGE 2

NOW, THEREFORE, the City Council of the City of Chino resolves as follows:

SECTION 1: The City of Chino opposes Initiative #21-0042A1.

SECTION 2: The City of Chino will join the “Stop the Taxpayer Deception Act” coalition, a growing coalition of public safety, education, labor, local government, and infrastructure groups throughout the state.

SECTION 3: The League of California Cities will receive an email copy of this adopted resolution at [email protected].

SECTION 4: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution.

APPROVED AND ADOPTED THIS 16th APRIL 2024.

By:

EUNICE M. ULLOA, MAYOR

ATTEST:

By:

NATALIE GONZAGA, CITY CLERK

42 RESOLUTION NO. 2024-018
PAGE 3

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )ss.

CITY OF CHINO )

I, NATALIE GONZAGA, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Chino at a regular meeting held on the 16th day of April 2024 by the following votes:

AYES: COUNCIL MEMBERS

NOES: COUNCIL MEMBERS

ABSENT: COUNCIL MEMBERS

NATALIE GONZAGA, CITY CLERK
43 February 3, 2022
Initiative 21-0042 (Amdt. 1)

The Attorney General of California has prepared the following title and summary of the chief purpose and points of the proposed measure:

LIMITS ABILITY OF VOTERS AND STATE AND LOCAL GOVERNMENTS TO RAISE REVENUES FOR GOVERNMENT SERVICES. INITIATIVE
CONSTITUTIONAL AMENDMENT. For new or increased state taxes currently enacted by two-thirds vote of Legislature, also requires statewide election and majority voter approval. Limits voters’ ability to pass voter-proposed local special taxes by raising vote requirement to two-thirds. Eliminates voters’ ability to advise how to spend revenues from proposed general tax on same ballot as the proposed tax. Expands definition of “taxes” to include certain regulatory fees, broadening application of tax approval requirements. Requires Legislature or local governing body set certain other fees. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Lower annual state and local revenues, potentially substantially lower, depending on future actions of the Legislature, local governing bodies, voters, and the courts. (21-0042A1.) 44 BELL, McANDREWS & HILTACHK, LLP
Anabel Renteria
Initiative Coordinator
ATTORNEYS AND COUNSEL-ORS AT I.AW
455 C APIT O L MALL , S UITE 600
SACRAMENT O, CALIFOE=INIA 95014
(916) 44;a-7757
FA X [916) 44-;a-7 7 59
www.bmhlaw. com
January 4, 2022
2 1 - 0 0 4 2

RECEIVED
JAN O 4 2022
Office of the Attorney General
State of California

INITIATIVE COORDINATOR

ATTORNEY GENERAL'S OFFICE
PO Box 994255
Sacramento, CA 94244-25550
Re: Initiative 21-0042 - Amendment Number One
Dear Initiative Coordinator:

Pursuant to subdivision (b) of Section 9002 of the Elections Code, enclosed please find Amendment #1 to Initiative No. 21-0042 "The Taxpayer Protection and Government Accountability Act." The amendments are reasonably germane to the theme, purpose or subject of the initiative measure as originally proposed .

I am the proponent of the measure and request that the Attorney General prepare a circulating title and summary of the measure as provided by law, using the amended language.

Thank you for your time and attention processing my request.

Sincerely,
~~
Thomas W. Hiltachk
45 2 1 - 0 0 4 2 Arndt. # /
The Taxpayer Protection and Government Accountability Act [Deleted codified text is denoted in strikeout. Added codified text is denoted by italics and underline.] Section 1. Title
This Act shall be known, and may be cited as, the Taxpayer Protection and Government Accountability Act.

Section 2. Findings and Declarations
(a) Californians are overtaxed. We pay the nation's highest state income tax, sales tax, and gasoline tax. According to the U.S. Census Bureau, California's combined state and local tax burden is the highest in the nation. Despite this, and despite two consecutive years of obscene revenue surpluses, state politicians in 2021 alone introduced legislation to raise more than $234 billion in new and higher taxes and fees.
(b) Taxes are only part of the reason for California's rising cost-of-living crisis. Californians pay billions more in hidden "fees" passed through to consumers in the price they pay for products, services, food, fuel, utilities and housing. Since 2010, government revenue from state and local "fees" has more than doubled.
(c) California's high cost of living not only contributes to the state's skyrocketing rates of poverty and homelessness, they are the pushing working families and job-providing businesses out of the state. The most recent Census showed that California's population dropped for the first time in history, costing us a seat in Congress. In the past four years, nearly 300 major corporations relocated to other states, not counting thousands more small businesses that were forced to move, sell or close. (d) California voters have tried repeatedly, at great expense, to assert control over whether and how taxes and fees are raised. We have enacted a series of measures to make taxes more predictable, to limit what passes as a "fee," to require voter approval, and to guarantee transparency and accountability. These measures include Proposition 13 (1978), Proposition 62 (1986), Proposition 218 (1996), and Proposition 26 (2010).
(e) Contrary to the voters' intent, these measures that were designed to control taxes, spending and accountability , have been weakened and hamstrung by the Legislature, government lawyers, and the courts, making it necessary to pass yet another initiative to close loopholes and reverse hostile court decisions.

Section 3. Statement of Purpose
(a) In enacting this measure, the voters reassert their right to a voice and a vote on new and higher taxes by requiring any new or higher tax to be put before voters for approval. Voters also intend that all fees and other charges are passed or rejected by the voters themselves or a governing body elected by voters and not unelected and unaccountable bureaucrats.
(b) Furthermore, the purpose and intent of the voters in enacting this measure is to increase transparency and accountability over higher taxes and charges by requiring any tax measure placed on the ballot- 1 46
either at the state or local level-to clearly state the type and rate of any tax, how long it will be in effect , and the use of the revenue generated by the tax.
(c) Furthermore, the purpose and intent of the voters in enacting this measure is to clarify that any new or increased form of state government revenue, by any name or manner of extraction paid directly or indirectly by Californians, shall be authorized only by a vote of the Legislature and signature of the Governor to ensure that the purposes for such charges are broadly supported and transparently debated. (d) Furthermore, the purpose and intent of the voters in enacting this measure is also to ensure that taxpayers have the right and ability to effectively balance new or increased taxes and other charges with the rapidly increasing costs Californians are already paying for housing, food, childcare, gasoline, energy , healthcare, education, and other basic costs of living, and to further protect the existing constitutional limit on property taxes and ensure that the revenue from such taxes remains local, without changing or superseding existing constitutional provisions contained in Section 1{c) of Article XIII A. (e) In enacting this measure, the voters also additionally intend to reverse loopholes in the legislative two­ thirds vote and voter approval requirements for government revenue increases created by the courts includin g, but not limited to, Cannabis Coalition v. City of Upland, Chamber of Commerce v. Air Resources Board, Schmeer v. Los Angeles County, Johnson v. County of Mendocino, Citizens Assn. of Sunset Beach v.

Orange County Local Agency Formation Commission, and Wilde v. City of Dunsmuir.

Section 4. Section 3 of Article XIII A of the California Constitution is amended to read:

Sec. 3(a} Every levy, charge. or exaction of any kind imposed by state law is either a tax or an exempt charge.
illlJ1l ~ Any change in state statute Jaw which results in any taxpayer paying a new or higher tax must be imposed by an act passed by not less than two-thirds of all members elected to each of the two houses of the Legislature , and submitted to the electorate and approved by a maiority vote, except that no new ad valorem taxes on real property, or sales or transaction taxes on the sales of real property, may be imposed. Each Act shall include:
(A) A specific duration of time that the tax will be imposed and an estimate of the annual amount expected to be derived from the tax.
(BJ A specific and legally binding and enforceable limitation on how the revenue from the tax can be spent.

If the revenue from the tax can be spent for unrestricted general revenue purposes. then a statement that the tax revenue can be spent for "unrestricted general revenue purposes" shall be included in a separate, stand-alone section. Any proposed change to the use of the revenue from the tax shall be adopted by a separate act that is passed by not less than two-thirds of all members elected to each of the two houses of the Legislature and submitted to the electorate and approved by a maiority vote. (2) The title and summary and ballot label or question required for a measure pursuant to the Elections Code shall. for each measure providing for the imposition of a tax, including a measure proposed by an elector pursuant to Article II, include:
{A) The type and amount or rate of the tax;
(BJ The duration of the tax: and
2 47
(CJ The use of the revenue derived from the tax.
(c} Any change in state law which results in any taxpayer paying a new or higher exempt charge must be imposed by an act passed by each of the two houses of the Legislature. Each act shall specify the type of exempt charge as provided in subdivision (e ), and the amount or rate of the exempt charge to be imposed.

Ml._fbt As used in this section and in Section 9 of Article II, "tax" means every aA1f levy, charge, or exaction of any kind imposed by the State state law that is not an exempt charge. e1<eept the follo•Ning:
(e) As used in this section. "exempt charge" means only the following:
(1) a el:iarge imposes fer a s1=1eeifie eenefit eonferreEl or pri'+'ilege granteEl aireetly to tl:ie 13ayor tl:iat is not 1=1ro>viaeEl to tl:iose not et:iargeEI, anEI whiel:i aoes not e1<ceeEl tl:ie reasonal3Ie costs to tl:ie State of eonferring the benefit or granting the pri¥ilege to the 1=1a¥OF.
ill {-2+ A reasonable charge irnposeEl for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the rnasonable actual costs to the State of providing the service or product to the payor. f.11 ~ A charge in,poseEl for the reasonable regulatory costs to the State incident to issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof. (3) A levy, charge. or exaction collected from local units of government. health care providers or health care service plans that is primarily used by the State of California for the purposes of increasing reimbursement rates or payments under the Medi-Cal program, and the revenues of which are primarily used to finance the non-federal portion of Medi-Cal medical assistance expenditures. (4) A reasonable charge iR'l13oseEl for entrance to or use of state property, or the purchase. rental, or lease of state property, except charges governed by Section 15 of Article XI. (5} A fine, or penalty, or other monetary el:large including any applicable interest for nonpayment thereot imposed by the judicial branch of government or the State, as a result of a state administrative enforcement agency pursuant to adiudicatorv due process, to punish a violation of law. (6} A levy, charge, assessment, or exaction collected for the promotion of California tourism pursuant to Chapter 1 (commencing with Section 13995) of Part 4.7 of Division 3 of Title 2 of the Government Code. flL~Any tax or exempt charge adopted after January 1, 2022 ~, but prior to the effective date of this act, that was not adopted in compliance with the requirements of this section is void 12 months after the effective date of this act unless the tax or exempt charge is reenacted B'l the begislatuFe anel signea into law ey tl:ie <iio¥ernoF in compliance with the requirements of this section. [gl[.JlJG:} The State bears the burden of proving by a preponEleranee oftl:le clear and convincing evidence that a levy, charge, or other exaction is an exempt charge and not a tax. The State bears the burden of proving by clear and convincing evidence that the amount of the exempt charge is reasonable and that the amount charged does not exceed the actual cost of providing the service or product to the payor. ,tR-a-t tl:ie amouRt is RO n,ore tl:ian neeessary to cover the reasonable costs of the go•.•emn,ental actii,•i:t>,• ane 3 48
that the manner in •Nhiel.:i these cests are allecated ts a pa·1er bear a fair er reasenable relatienshi13 ts the 13a·1or's b1:1relens on, or benefits reeei11eel from, the go•.ieFRmental actit.iit'( (2) The retention ofrevenue by, or the payment to. a non-governmental entity ofa levv. charge, or exaction of any kind imposed by state law, shall not be a factor in determining whether the levy. charge, or exaction is a tax or exempt charge.
(3) The characterization of a levy, charge, or exaction of any kind as being voluntary, or paid in exchange for a benefit, privilege, allowance, authorization, or asset, shall not be a factor in determining whether the levy, charge, or exaction is a tax or an exempt charge. /4} The use of revenue derived from the levy, charge or exaction shall be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge. (h) As used in this section:
(1) "Actual cost" of providing a service or product means: (i) the minimum amount necessary to reimburse the government for the cost of providing the service or product to the payor, and {ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In computing "actual cost" the maximum amount that may be imposed is the actual cost less all other sources of revenue including, but not limited to taxes, other exempt charges, grants, and state or federal funds received to provide such service or product.
(2) "Extend" includes, but is not limited to, doing any of the following with respect to a tax or exempt charge: lengthening its duration. delaying or eliminating its expiration, expanding its application to a new territory or class ofpayor, or expanding the base to which its rate is applied. (3) "Impose" means adopt, enact, reenact, create, establish, collect, increase or extend. (4) "State law" includes, but is not limited to. any state statute, state regulation, state executive order. state resolution, state ruling, state opinion Jetter, or other legal authority or interpretation adopted, enacted. enforced, issued, or implemented by the legislative or executive branches of state government. "State law" does not include actions taken by the Regents of the University of California, Trustees of the California State University, or the Board of Governors of the California Community Colleges.

Section 5. Section 1 of Article XIII C of the California Constitution is amended, to read:

Sec. 1. Definitions. As used in this article:
{a) "Actual cost" of providing a service or product means: (i) the minimum amount necessary to reimburse the government for the cost of providing the service or product to the payor. and {ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In computing "actual cost" the maximum amount that may be imposed is the actual cost less all other sources of revenue including, but not limited to taxes. other exempt charges, grants, and state or federal funds received to provide such service or product.
(b) "Extend" includes, but is not limited to. doing any of the following with respect to a tax. exempt charge, or Article XIII D assessment. fee, or charge: lengthening its duration, delaying or eliminating its expiration. expanding its application to a new territory or class of payor, or expanding the base to which its rate is applied.
4 49
.lfl..W
11 General tax" means any tax imposed for general governmental purposes. (d} "Impose" means adopt, enact, reenact, create, establish, collect, increase, or extend. {clJb} "Local government" means any county, city, city and county, including a charter city or county, any special district, or any other local or regional governmental entity, or an elector pursuant to Article fl or the initiative power provided by a charter or statute . (f) "Local law" includes. but is not limited to, any ordinance, resolution, regulation. ruling, opinion letter, or other legal authority or interpretation adopted, enacted, enforced, issued, or implemented by a local government.
{gl_{t} "Special district" means an agency of the State, formed pursuant to general law or a special act, for the local performance of governmental or proprietary functions with limited geographic boundaries including, but not limited to, school districts and redevelopment agencies. f11L{d} "Special tax" means any tax imposed for specific purposes, including a tax imposed for specific purposes, which is placed into a general fund.
111 i@} As used in this article, and in Section 9 of Article II, "tax" means every aRV-levy, charge, or exaction of any kind, imposed by a local go,;ernmeRt law that is not an exempt charge., exeept tl=le fellowiRg:
(i) As used in this section, "exempt charge" means only the following:
(1) A cl=large imposeel fer a speeifie beAefit eoAferreel or pri,;ilege graAteel eliFeetl')' to tl=le pa1,ior tl=lat is Rot pre1,•ieleel to these Rot ehargea, aA£l which £lees Rot exeeeel tl=le reaseAable costs to tl=le loeal gm,·ernFAeAt of conferriAg the beAefit or graAting tl:1e pri¥ilege.
ill R} A reasonable charge imposes for a specific local government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasoAable actual costs to the local government of providing the service or product. fl1 WA charge im13ose£l for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof.

W {4t A reasonable charge imposeel for entrance to or use of local government property, or the purchase, rental, or lease of local government property.

Ml. fSt A fine, or penalty, or other FAOA@tar,· eharge including any applicable interest for nonpayment thereat imposed by the judicial branch of government or a local government administrative enforcement agency pursuant to adiudicatorv due process, as a res1,1lt of to punish a violation of law. ill -f6t A charge imposed as a condition of property development. No levv, charge, or exaction regulating or related to vehicle miles traveled may be imposed as a condition of property development or occupancy. f.i1 f7t An AssessFAeRts a Rel property relate el fees assessment. fee. or charge imJ;1oseel iA aeeoraanee witl=l the pro¥isio A5 of subject to Article XI 11 D, or an assessment imposed upon a business in a tourism marketing district, a parking and business improvement area, or a property and business improvement district. 5 50
(7) A charge imposed for a specific health care service provided directly to the payor and that is not provided to those not charged. and which does not exceed the reasonable costs to the local government of providing the health care service. As used in this paragraph, a "health care service" means a service licensed or exempt from licensure by the state pursuant to Chapters 1. 1.3, or 2 of Division 2 of the Health and Safety Code.

The local government bears the b1:1rden of proving by a preponderance of the e .. ·ielence that a lew, charge, or other exaction is not a ta1<, that the amo1:1nt is no more than necessaPJ' to cover the reasonable costs of the go•,ernfflental acti•.«ity anel that tJ:ie manner in which those costs are allocateel to a pa•ror bear a fair or reasonable relationship to the pa•ror's blslrdens on, or bene:fits receiveel from, the go1a1ernmental acfa•ity.

Section 6. Section 2 of Article XIII C of the California Constitution is amended to read :

Sec. 2. Local Government Tax Limitation. Notwithstanding any other provision of this Constitution:
(a) Every levy. charge. or exaction of any kind imposed by local law is either a tax or an exempt charge. All taxes imposed by any local government shall be deemed to be either general taxes or special taxes. Special purpose districts or agencies, including school districts, shall have no power to levy general taxes. (b) No local Jaw go,.·ernment whether proposed by the governing body or by an elector, may impose, extend, or increase any general tax unless and until that tax is submitted to the electorate and approved by a majority vote. A general tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. The election required by this subdivision shall be consolidated with a regularly scheduled general election for members of the governing body of the local government, except in cases of emergency declared by a unanimous vote of the governing body. (c) An•r general tax imposed, el<tended, or increaseel, •.-.iitho1:1t •.·oter approval, lay any local go,.·ernment on or after Janlslary 1, 1995, ana prior ta the effecti,.·e date of this article, shall contin1:1e to be imposed only if appro,.·ea b1• a majority vote of the voters voting in an election OR the issye of the in:iposition, whicl::i election sl::iall be l::ield witl::iin t•Ne 1•ears ef the effectii.ie date of this article and in com13liance with slslbdi\·isien (b}. {El) No local law government. whether proposed by the governing body or by an elector. may impose, eMteRd, er increase any special tax unless and until that tax is submitted to the electorate and approved by a two-thirds vote. A special tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. {d) The title and summary and ballot label or question required for a measure pursuant to the Elections Code shall. for each measure providing for the imposition of a tax, include:
(1) The type and amount or rate of the tax;
(2) the duration of the tax; and
(3) The use of the revenue derived from the tax. If the proposed tax is a general tax. the phrase "for general government use" shall be required, and no advisory measure may appear on the same ballot that would indicate that the revenue from the general tax will. could. or should be used for a specific purpose. (e) Only the governing body of a local government. other than an elector pursuant to Article II or the initiative power provided by a charter or statute. shall have the authority to impose any exempt charge.

The governing body shall impose an exempt charge by an ordinance specifying the type of exempt charge 6 51
as provided in Section l(i) and the amount or rate of the exempt charge to be imposed. and passed by the governing body. This subdivision shall not apply to charges specified in paragraph (7) of subdivision (i) of Section 1.
ff) No amendment to a Charter which provides for the imposition, extension, or increase of a tax or exempt charge shall be submitted to or approved by the electors. nor shall any such amendment to a Charter hereafter submitted to or approved by the electors become effective for any purpose. (q) Any tax or exempt charge adopted after January 1, 2022, but prior to the effective date of this act, that was not adopted in compliance with the requirements of this section is void 12 months after the effective date of this act unless the tax or exempt charge is reenacted in compliance with the requirements of this section.
{h)(1) The focal government bears the burden of proving by clear and convincing evidence that a levy, charge or exaction is an exempt charge and not a tax. The local government bears the burden of proving by clear and convincing evidence that the amount of the exempt charge is reasonable and that the amount charged does not exceed the actual cost of providing the service or product to the payor. (2} The retention of revenue by, or the payment to, a non-governmental entity of a levy. charge, or exaction of any kind imposed by a local law, shall not be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge.
(3) The characterization of a levy. charge. or exaction of any kind imposed by a local law as being paid in exchange for a benefit. privilege, allowance, authorization, or asset, shall not be factors in determining whether the levy, charge, or exaction is a tax or an exempt charge. (4) The use of revenue derived from the levy, charge or exaction shall be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge.

Section 7. Section 3 of Article XIII D of the California Constitution is amended, to read:

Sec. 3. Property Taxes, Assessments, Fees and Charges Limited (a) No tax, assessment, fee, 6f charge, or surcharge, including a surcharge based on the value ofpropertv, shall be assessed 13y a Ry ageRC'f upon any parcel of property or upon any person as an incident of property ownership except:
(1) The ad valorem property tax impeseEI p1::1rsYaRt te described in Section 1(a) of Article XIII and Section 1/a) of Article XIII A, and described and enacted pursuant to the voter approval requirement in Section 1/b) Q[Article XII I A.
(2) Any special non-ad valorem tax receiving a two-thirds vote of qualified electors pursuant to Section 4 of Article XIII A, or after receiving a two-thirds vote of those authorized to vote in a community facilities district by the Legislature pursuant to statute as it existed on December 31, 2021. (3) Assessments as provided by this article.
(4) Fees or charges for property related services as provided by this article. 7 52
(b) For purposes of this article, fees for the provision of electrical or gas service shall not be deemed charges or fees imposed as an incident of property ownership.

Section 8. Sections 1 and 14 of Article XIII are amended to read:

Sec. 1 Unless otherwise provided by this Constitution or the laws of the United States:
(a) All property is taxable and shall be assessed at the same percentage of fair market value. When a value standard other than fair market value is prescribed by this Constitution or by statute authorized by this Constitution, the same percentage shall be applied to determine the assessed value. The value to which the percentage is applied, whether it be the fair market value or not, shall be known for property tax purposes as the full value.
(b) All property so assessed shall be taxed in proportion to its full value. (c) All proceeds from the taxation of property shall be apportioned according to law to the districts within the counties.

Sec. 14. All property taxed by state or local government shall be assessed in the county, city, and district in which it is situated. Notwithstanding any other provision of/aw, such state or local property taxes shall be apportioned according to law to the districts within the counties.

Section 9. General Provisions
A. This Act shall be liberally construed in order to effectuate its purposes.

B. (1) In the event that this initiative measure and another initiative measure or measures relating to state or local requirements for the imposition, adoption, creation, or establishment of taxes, charges, and other revenue measures shall appear on the same statewide election ballot, the other initiative measure or measures shall be deemed to be in conflict with this measure. In the event that this initiative measure receives a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and the provisions ofthe other initiative measure or measures shall be null and void. (2) In furtherance of this provision, the voters hereby declare that this measure conflicts with the provisions of the "Housing Affordabili ty and Tax Cut Act of 2022" and "The Tax Cut and Housing Affordability Act," both of which would impose a new state property tax (called a "surcharge") on certain real property, and where the revenue derived from the tax is provided to the State, rather than retained in the county in which the property is situated and for the use of the county and cities and districts within the county, in direct violation of the provisions of this initiative. (3) If this initiative measure is approved by the voters, but superseded in whole or in part by any other conflicting initiative measure approved by the voters at the same election, and such conflicting initiative is later held invalid, this measure shall be self-executing and given full force and effect.

C. The provisions of this Act are severable. If any portion, section, subdivision, paragraph, clause, sentence, phrase, word, or application of this Act is for any reason held to be invalid by a decision of any court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this Act. The People of the State of California hereby declare that they would have adopted this Act and each and every portion, section, subdivision, paragraph, clause, sentence, phrase, word, and application not 8 53
declared invalid or unconstitutional without regard to whether any portion of this Act or application thereof would be subsequently declared invalid.

D. If this Act is approved by the voters of the State of California and thereafter subjected to a legal challenge alleging a violation of state or federal law, and both the Governor and Attorney General refuse to defend this Act, then the following actions shall be taken:
(1) Notwithstanding anything to the contrary contained in Chapter 6 of Part 2 of Division 3 ofTitle 2 of the Government Code or any other law, the Attorney General shall appoint independent counsel to faithfully and vigorously defend this Act on behalf of the State of California. (2) Before appointing or thereafter substituting independent counsel, the Attorney General shall exercise due diligence in determining the qualifications of independent counsel and shall obtain written affirmation from independent counsel that independent counsel will faithfully and vigorously defend this Act. The written affirmation shall be made publicly available upon request. (3) A continuous appropriation is hereby made from the General Fund to the Controller, without regard to fiscal years, in an amount necessary to cover the costs of retaining independent counsel to faithfully and vigorously defend this Act on behalf of the State of California. (4) Nothing in this section shall prohibit the proponents of this Act, or a bona fide taxpayers association, from intervening to defend this Act.
9 54

MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 16, 2024

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

SUBJECT
..titl e
2023 Chino Climate Action Plan Annual Report.
..end

RECOMMENDATION
Receive and file the 2023 Chino Climate Action Plan Annual Progress Report. ..body

FISCAL IMPACT
The 2023 Climate Action Plan (CAP) Annual Progress Report will not have an impact on the City’s General Fund. Projects undertaken by the City that implement the CAP measures will either be funded through grant moni es or planned for during the annual budget process. The costs for implementing the measures for new and existing private development projects would be borne by the developer and would be expected to be offset by energy savings over time.

This annual report simply reports the progress of implementing the various measures in the CAP.

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. 55 CITY COUNCIL MEETING DATE: APRIL 16, 2024
TITLE: 2023 CHINO CLIMATE ACTION PLAN ANNUAL REPORT.

PAGE: 2

BACKGROUND
The City of Chino (“City”) adopted its first Climate Action Plan (CAP) in November 2013 (2013 CAP), which served as the City’s primary policy document for addressing Greenhouse Gas (GHG) emission reductions. The 2013 CAP identified the GHG emissions inventory for the year 2008 and target for reducing the GHG emissions 15 percent below 2008 levels by 2020.

The 2013 CAP set policy and identified activities for the City, its residents, and businesses to undertake to reduce th e City’s contributions to global climate change. The Plan described the context for reducing GHG emissions in the City; determined the City’s baseline and forecast of GHG emissions; defined a goal for reducing GHG emissions; proposed reduction measures to help the City meet this goal; and included an implementation and monitoring process to track the effectiveness of the measures. An annual progress report for the 2013 CAP has been provided to the City Council each year that shows the City has successfully met its 2020 GHG reduction goal. Since the adoption of the City’s 2013 CAP, the State has enacted new climate change regulations, most notably Senate Bill (SB) 32, which implements statewide targets to reduce GHG emissions to 40 percent below 1990 levels by 2030. To ensure conformity with the latest State climate change regulations, the 2013 CAP was updated by the City in November 2020 with a new target year of 2030. The recent 2020 -2030 CAP Update builds upon the 2013 CAP and serves as a comprehensive road map to outline strategies that the City will implement to continue achieving its GHG emission reductions into the year 2030 and beyond, thereby ensuring sustainable and healthy growth. Attached is an updated annual report outlining the third year (2023) pr ogress of the 2020 -2030 CAP. The Climate Action Plan annual report ensures responsible long-range planning through the review of greenhouse reduction measures as identified in the Climate Action Plan.

ISSUES/ANALYSIS
In the 2020-2030 CAP, the City selected a target or goal to achieve a reduction in emissions 46 percent lower than the 2008 baseline (equivalent to 40 percent below 1990 levels) by the year 2030. The City’s emissions reduction forecasted for the year 2030 was developed as a result of GHG emission reduction efforts that were being taken by the State, County, and the proposed City GHG reduction measures. Below highlights some of the City’s progress in implementing those measures in 2023.

Energy Efficiency - Energy Efficiency reduction measures contributed to 5 percent of the total GHG reductions achieved in 2023. These measures include retrofitting existing buildings to become more energy efficient, outdoor lighting upgrades, and public outreach and education, including:
• 574 homes were renovated for energy efficiency upgrades that include such items as re-roofs and upgraded HVAC systems.
• 1,048,579 square feet of commercial space was renovated for energy efficiency upgrades. Those items include upgrades to HVAC, ceiling/wall installation, lighting, and roofing.
• 447 streetlights were upgraded by the City to include LED light fixtures.

Renewable Energy - Renewable Energy reduction measures contributed to 38 percent of the total GHG reductions achieved in 2023. These measures include retrofitting existing residential homes, and existing commercial and industrial buildings for solar installations. As a result, photovoltaic solar panels totaling 7, 669 kilowatts (kW) of capacity were installed on existing residential homes, and commercial and industri al buildings.
56 CITY COUNCIL MEETING DATE: APRIL 16, 2024
TITLE: 2023 CHINO CLIMATE ACTION PLAN ANNUAL REPORT.

PAGE: 3

On-Road Transportation - On-Road Transportation reduction measures contributed 43 percent to the total GHG reduction achieved in 2023. These measures include studying signalized traffic intersections and modifying them for optimization, expan ding bike routes, and installing EV charging stations. The following bullets highlight some of the City’s progress in implementing a few of the more significant On -Road Transportation GHG reduction measures:
• 6 traffic signals were replaced by the City to include LED smart signalization. • 0.3 miles of bicycle lanes and 83 secure bike racks were installed. • 41 EV charging stations were installed.

Solid Waste - Solid Waste reduction measures contributed to 1 3 percent of the total GHG reductions achieved in 2 023. The measures include diverting solid waste from landfills and increasing recyclable materials.

Through the third year of implementation of the 2020 -2030 CAP, the City has made significant progress by reducing its overall GHG emissions by 2 5,775 metric tons carbon dioxide equivalent (MTCO2e), which is approximately 63 percent of the 2030 GHG reduction 2030 goal of 41,131 MTCO2e. At this rate, the City will not only meet, but exceed the City’s GHG reduction target goal of 46 percent lower than the 2008 baseline level by 2030.

Attachment: 2023 City of Chino Climate Action Plan Progress Report

57 Prepared by

DEVELOPMENT SERVICES DEPARTMENT

PLANNING DIVISION
April 2024

CITY OF CHINO
2023 Climate Action Plan Progress Report

58 59

Contents

Overview Page 1
Energy Efficiency Page 3
Renewable Energy Page 4
On-Road Transportation Page 5
Solid Waste Generation Page 6
Water Conveyance Page 7
Wastewater Treatment Page 8
GHG Performance Standard Page 9
Looking Ahead Page 10

The City has made
significant progress in
implementing the 2020-
2030 CAP Update.
60 Overview
The City of Chino adopted a Climate Action Plan (CAP) in November 2013 to reduce greenhouse gas (GHG) emissions generated by community activities. Since the adoption of the City’s 2013 CAP, the State of California (State) enacted new climate change regulations which implements statewide targets to reduce GHG emissions to 40% below the 1990 levels by 2030. To ensure conformity with the latest State climate change regulations, the 2013 CAP was updated with a new target year of 2030 and was approved by the City Council on November 17, 2020. The 2020-2030 CAP Update builds on the successes of the 2013 CAP and uses the analysis from the San Bernardino Regional Greenhouse Gas Reduction Plan Update (Regional Plan), completed in March 2014 . The Regional Plan was a collaborative effort among the San Bernardino Council of Governments ( SBCOG), 24 Partnership Cities, and the County of San Bernardino to develop regional GHG inventories and reduction measures to more effectively address GHG emissions and climate change in San Bernardino County.

The 2020-2030 CAP Update establishes a GHG reduction target of achieving 46% below 2008 emissions levels by 203 0. This ambitious target is consistent with larger statewide ob jectives outlined under Senate Bill 32 (SB 32) and represents the City’s commitment to reducing GHG emissions generated within the community. The emissions target will not be achieved overnight, nor will it be met through a single action. Rather, the CAP outlines 15 measures that will work in conjunction with State initiatives to improve energy efficiency, encourage resource conservative, and support sustainable practices that will lower GHG emissions and enhance community resiliency to climate change. A significant difference between the 2020 -2030 CAP and the 2013 CAP is the methodology on how GHG reduction measure s are calculated. A n updated tracking tool has been developed to measure and track specific categories that include items such as re-roofs, installation of solar panels, upgraded HVAC systems, installation of LED streetlights and Electrical Vehicle (EV) charging stations. This tracking tool helps to provide a more accurate calculation of GHG reduction related to the implementation of the categories noted above. These methods of tracking are explained in greater detail below.

In order for the City to
achieve its 2030 GHG
reduction target, the City
will need to reduce their
emissions by 41,131 metric
tons carbon dioxide
equivalent (MTCO 2e).

Within the first three years
of implementation of the
2020-2030 CAP Update, the
City has reduced their GHG
emissions by 25,775 metric
tons carbon dioxide
equivalent (MTCO2e), which
is approximately 63% of the
GHG reduction target goal
(see Figure 1). Significant
progress was made by the
City in implementing all 15
local GHG reduction
measures in the following
Figure 1. Annual Greenhouse Gas Emission (GHG) Reductions Compared to 2030 GHG Reduction Target

61 sectors: Energy, Renewable Energy, On -Road Transportation, Solid Waste, Wastewater Treatment, Water Conveyance, and Design Review Process (DRP) for New Development. On -Road Transportation reduction measures contributed to the most (43%) overall GHG reduction in the City for year 2023, while DRP for New Development contributed the least (0%) (see Figure 2). The GHG reduction measures listed in Wastewater Treatment and Water Conveyance sectors are unquantifiable in tracking the amount of GHG reduction; therefore, were not included in the pie chart below.

Figure 2. Greenhouse Gas Reductions by Sector

The progress report outlines the current status of each measure identified in the City’s 2020 -2030 CAP. Metrics have been established for all measures to track implementation progress more specifically. The sector summaries on the following pages identify each measure, the tracking metric, and emission reductions achieved to -date, as available. The progress report concludes with a summary of actions that need to be taken during the next tracking year to adaptively manage the CAP and encourage additional emissions reduction.

Energy
1,322 MT CO2e
Renewable Energy
9,844 MT CO2e
On-Road
Transportation
11,168 MT CO2e
Solid Waste
3,422 MT CO2e
DRP
0 MT CO2e

GREENHOUSE GAS REDUCTIONS BY SECTOR
62 2020-2030 CAP Update Progress Report 3 April 2024

Energy Efficiency
The 2020-2030 CAP identifies four GHG reduction
measures to improve energy efficiency throughout the
City. These measures include retrofitting existing
buildings to become more energy efficient , outdoor
lighting upgrades, and public outreach and education
about energy efficiency and incentive programs .

Emission reduction s achieved by the measures
represent 5% of total GHG reductions achieved by the
City in 2023. Equally important, the measures provide
a number of community co -benefits, including
increased energy efficiency while reducing demand,
sustainability education and awareness, and
improved air quality and public health.
2023 Highlights
• A total 574 homes were renovated.
• A total of 1,048,579 square feet of commercial space was renovated. • The City upgraded 447 streetlights to LED.

Progress Update
Measure Tracking
Metric(s)
Status Metrics Reductions (MTCO2e) Percent of 2030
Target 2030
Target
Achieved 2030
Target
Achieved
Energy-1 thru 3.

Energy efficiency
incentives and
programs to
promote energy
efficiency for
existing buildings
Homes
retrofitted
In
progress 1,000 574 2,686 136.70 5%
Commercial
square
footage
retrofitted
In
progress 70,000 1,048,579 1,758 924.94 53%
Energy-4
Outdoor lighting
upgrades for
existing
development
Percentage
of outdoor
LED
streetlights
In
progress 100% 130% 200 260.68 130%
MTCO2e = carbon dioxide equivalent
a To keep on track each year should show 11% of the 2030 Target achieved, increasing each year until 2030.

63 2020-2030 CAP Update Progress Report 4 April 2024

Renewable Energy
The 2020 -2030 CAP identifies two GHG
reduction measures to improve renewable
energy throughout the City. These measures
include public outreach and education,
incentive programs, and retrofitting existing
residential homes, commercial buildings, and
industrial buildings for solar installations .

Emission reductions achieved by this
measure repr esent 38% of total reductions
achieved by the City in 202 3. Equally
important, the measures provide a number of
community co -benefits, including increased
energy efficiency while reducing demand, improved air quality and public health, and increased renewable energy.
2023 Highlights
• Photovoltaic (PV) solar panels totaling 7,669 kilowatts (kW) of capacity were installed on existing residential homes, existing commercial, and existing industrial buildings.

Progress Update
Measure Tracking
Metric(s)
Status Metrics Reductions (MTCO2e) Percent of 2030
Target Achieved a 2030
Target
Achieved 2030
Target
Achieved
Energy-5
Renewable Energy
installation on
existing residential
kW of
solar
panels
In
progress 23,794 6,427 8,687 9,071.12 104%
Energy 6
Renewable Energy
installation on
existing
commercial/
industrial
kW of
solar
panels In
progress N/A 1,242 N/A 773.20 N/A
MTCO2e = metric tons of carbon dioxide equivalent
a To keep on track each year should show 11% of the 2030 Target achieved, increasing each year until 2030.

64 2020-2030 CAP Update Progress Report 5 April 2024

On-Road Transportation
The 2020 -2030 CAP identifies four GHG
reduction measures for on-road transportation.

These measures include educating City staff on
ride sharing programs, reducing vehicle miles
traveled (VMT) by expanding and improving
bicycle and pedestrian infrastructure, expanding
the Smart Signal system of LED traffic lights, and
providing community based electric vehicle (EV)
charging stations. Emission reductions achieved
by the se measures represent 43% of total GHG
reductions achieved by the City in 2023. Equally
important, the measures provide a number of
community co -benefits, including improved air
quality and public health, road and bicycle safety,
and increased non-motorized transportation.
2023 Highlights
• A total of 41 EV charging stations were installed.
• 0.3 miles of bicycle lanes dedicated with 83 secure bike racks were installed. • The City replaced 6 traffic signals with LED smart signalization.

Progress Update
Measure Tracking
Metric(s)
Status Metrics Reductions (MTCO2e) Percent of 2030
Target Achieved a 2030
Target
Achieved 2030
Target
Achieved
On-Road-1
Employee
training
Training
Sessions
In
progress N/A N/A N/A N/A N/A
On-Road 2 LED
Traffic signals
synchronized
to TDM System.

Number of
signals replaced
& synchronized.

In
progress 155 6 2,797 1.08 0%
On Road-3
Bicycle, and
pedestrian
infrastructure
Miles of bike
lanes, sidewalks,
number of bike
racks,
crosswalks
In
progress
8 miles

0.3 miles
& 83 bike
racks
3,047 94.74 3%
On-Road-4
Electric Vehicle
Charging
stations
Number of EV
charging
stations
In
progress 50 41 6,591 5,404.22 82%
MTCO2e = metric tons of carbon dioxide equivalent
a To keep on track each year should show 11% of the 2030 Target achieved, increasing each year until 2030 65 2020-2030 CAP Update Progress Report 6 April 2024

Solid Waste Generation
The 2020-2030 CAP identifies one GHG reduction
related to solid waste. This measure consisted of
meeting a 50 % diversion goal in 2020 and
increasing that to 70 % by 2030. Emission
reductions achieved by this measure represent 13%
of total GHG reductions achieved by the City in 2023.

Equally important, the measures provide a number
of community co -benefits, including resource
conservation, and improved air quality and public
health.

2023 Highlights
• The City almost met the near term (2020) goal of 50% diversion in 2023 and is continuing to increase recycling within the City toward the 2030 goal of 70% diversion.

Progress Update
Measure Tracking
Metric(s)
Status Metrics Reductions (MTCO2e) Percent of 2030
Target Achieved
a
Target Achieved 2030
Target
Achieved
Solid Waste-1
Diversion goals
Percent of
recycled
materials
diverted from
the land fill.

In
progress
50 % by
2020
70%
by2030

49.5% 15,111 3,422 23%
MTCO2e = metric tons of carbon dioxide equivalent
a To keep on track each year should show 11% of the 2030 Target achieved, increasing each year until 2030 66 2020-2030 CAP Update Progress Report 7 April 2024

Water Conveyance
The 2020 -2030 CAP identifies two water
conservation measures. These measures
include promoting and educating the public
on water efficiency, water conservation
programs, and water efficient landscaping
practices to property owners, residents, and
businesses throughout Chino . Ef forts made
by City staff as highlighted in bullets below
contributed to the City’s overall reduction in
GHG emissions , even if staff’s efforts are
unquantifiable in tracking the amount of
GHG reduction. Equally important, the
measures provide a number of community
co-benefits, including conserving portable
water supplies, and improved air quality and public health. 2023 Highlights
• Promoted water efficiency practices through social media and cable news outlets. • Offered Chino residents direct install weather -based irrigation timers free of charge. • City installed underground soil monitoring systems at various City parks. • The City transitioned the police department site to drought-tolerant landscaping.

Progress Update
Measure Tracking
Metric(s)
Status Metrics Reductions (MTCO2e) Percent of 2030
Target
Achieved a
2030
Target
Achieved 2030
Target
Achieved
Water-1 and
Water-2 Promote
and educate
water efficiency,
water
conservation,
water efficient
landscaping to
residents,
businesses, and
property owners.

Public
outreach
and
education
In progress --b N/A --b N/A N/A
MTCO2e = metric tons of carbon dioxide equivalent
a To keep on track each year should show 11% of the 2030 Target achieved, increasing each year until 2030 b b The measures in the 2020-2030 CAP Update only had the City promoting water conservation and did not quantify the number of water conservation retrofits or GHG emissions reduced. 67 2020-2030 CAP Update Progress Report 8 April 2024

Wastewater Treatment
The 2020 -2030 CAP identifies one wastewater
measure. The measure include s working with
Inland Empire Utilities Agency (IEUA) to identify
new locations for recycle water , and public
outreach and education. Efforts made by City
staff as highlighted in bullets below contributed
to the City’s overall reduction in GHG emissions,
even if staff’s efforts are unquantifiable in
tracking the amount of GHG reduction . Equally
important, the measure provides a number of
community co -benefits, including conserving
water supplies, and improved air quality and
public health.

2023 Highlights
• Water use efficiency and rebate program incentives are provided through the Chino Champion newspaper and customer utility billing inserts. • The City tracks rebate programs for turf replacement and other water efficiency programs offered by Monte Vista Water District and Inland Empire Utility Agency.

Progress Update
Measure Tracking
Metric(s)
Status Metrics Reductions (MTCO2e) Percent of 2030
Target Achieved a Target Achieved Target Achieved
Wastewater-1
Promote and
encourage
recycled water
consumption by
residential,
commercial, and
industrial users.

Public
outreach
and
education In
progress --b N/A --b N/A N/A
MTCO2e = metric tons of carbon dioxide equivalent
a To keep on track each year should show 11% of the 2030 Target achieved, increasing each year until 2030 b The measures in the 2020-2030 CAP Update only had the City promoting water conservation and did not quantify the number of water conservation retrofits or GHG emissions reduced.

68 2020-2030 CAP Update Progress Report 9 April 2024

GHG Performance Standard for New Development
The 2020 -2030 CAP identifies one
Development Review Process (DRP)
measure that requires new development
projects not exempt from the California
Environmental Quality Act (CEQA) to fill
out a screening table, demonstrating
compliance with the 2020 -2030 CAP.

Screening tables are a menu of options of
energy efficiency improvements,
renewable energy options, water
conservation measures, and other options
that provide predictable GHG reductions.

Each option within the screening tables is
given a point value. Developers choose
options from the screening tables totaling
100 points or more will be determi ned to
have provided a fair-share contribution of GHG reductions; therefore, consistent with the 2020-2030 CAP. Equally important, the measure provides a number of community co -benefits, including increased energy efficiency while reducing energy demands, increased renewable energy, enhanced land use and community design, and increased non-motorized transportation. 2023 Highlights
• No new development applications were required to use the GHG Screening Tables since none of the applications included new analysis under CEQA.

Progress Update
Measure Tracking
Metric(s)
Status Metrics Reductions (MTCO2e) Percent of
2030 Target
Achieved a
2030
Target
Achieved 2030
Target
Achieved
DRP-1 GHG
Performance
Standard
Number of new
development
applications
using the
Screening
Tables
Not
Started 25 0 6,051 0 0%
MTCO2e = metric tons of carbon dioxide equivalent
a To keep on track each year should show 11% of the 2030 Target achieved, increasing each year until 2030 69 2020-2030 CAP Update Progress Report 10 April 2024

Looking Ahead
While the City has made significant progress towards its 203 0 GHG reduction target by completing approximately 63% of its 2030 goal as of 2023, much work still remains to be done. Climate change and our understanding of local effects are constantly evolving. Adaptively managing the 2020-2030 CAP to respond to new information is therefore necessary to ensure programs are functi oning effectively and the City continues to advance as a climate change leader. Annually, staff will continue to monitor the progress and effectiveness of each measure and modify the measures, as needed, to maximize GHG emissions reduction for years to come. As the 2020-2030 CAP comes to near end, the CAP will be updated with new and revised measures that will help the City further reduce the amount of GHG emissions to achieve statewide carbon neutrality by year 2045(Executive Order EO B-55-18).

70 MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 16, 2024

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

SUBJECT
..titl e
Property Tax Allocation for Annexation – LAFCO Reorganization (Detachment/Annexation from County Service Area 70) No. 3268 – East End Annexation. ..end

RECOMMENDATION
Adopt Resolution No. 202 4-017, determining the amount of property tax revenues to be exchanged between and among the City of Chino and the County of San Bernardino, resulting from the jurisdictional change described by LAFCO 3268 (PL20-0003, Annexation). ..body

FISCAL IMPACT
The attached Resolution will transfer future property tax revenues from the County of San Bernardino to the City of Chino, beginning with $52,056 for Fiscal Year 2024-2025. Tax revenues will increase in subsequent years as properties become developed within the annexed area.

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: 1001000-51005

Expenditure:

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 71 CITY COUNCIL MEETING DATE: APRIL 16, 2024
TITLE: PROPERTY TAX ALLOCATION FOR ANNEXATION - LAFCO REORGANIZATION (DETACHMENT/ANNEXATION FROM COUNTY SERVICE AREA 70) NO. 3268 - EAST END ANNEXATION.

PAGE: 2

BACKGROUND
The City Council initiated an annexation ( East End Annexation ) on behalf of the applicant, Golden Management Services, Inc., on October 3, 2023 to annex 23 parcels consisting of 56.87 acres of land in the City’s Sphere of Influence from the unincorporated area of San Bernardino County, generally located south of Francis Avenue, west of East End Avenue, north of Philadelphia Street, and a small portion south of Philadelphia Street (E xhibit A). The intent of the annexation is to allow the applicant to construct three industrial buildings, totaling 63,900 square feet on 3.59 acres of land at the northwest corner of East End Avenue and Philadelphia Street once the annexation is complete . The proposed annexation area i s currently comprised of industrial properties that include vacant property, outdoor storage (vehicles, equipment, materials), and Scott Brothers Dairy. In addition to initiating the annexation in October 2023, the City also approved the Prezone (PL20-0003) of the annexation area to Light Industrial (M1) and General Industrial (M2) that will go into effect once the annexation is formally approved by the Local Agency Formation Commission (LAFCO) tentatively scheduled for July 17, 2024 . If approved, the annexation will be final 30 days following LAFCO approval.

ISSUES/ANALYSIS
State law provides that an agreement be reached between the City of Chino and San Bernardino County on future distribution of property tax revenue within areas that are annexed into the City. Over the last couple of months, a formula for tax transfer has been negotiated between the City of Chino and San Bernardino County for the East End Annexation . The amount to be transferred to the City will be the average of all the Tax Rate Areas in the Ci ty equaling 10.43%.

To begin transfer of the property tax, b oth the City and County must approve separate resolutions approving the tax-split, which is attached for Council review.

Attachments: Exhibit A-Location Map
Resolution No. 2024-017

72 LI
RD 2
GI LI
RD 2LI
RD 4.5
RD 4.5
RD 4.5RD 4.5
RD 4.5
RD 4.5
RD 4.5
RD 4.5
RD 2
RD 2

EAST END AVE

FRANCIS AVE

PHILADELPHIA ST

LAKE ST

TAFT AVE
M

ODOC PL

BRIARROSE LN

LOYOLA CT
HUM

BOLDT AVE
HUM

BOLDT PL

LOYOLA W
AY

DEWCREST CT
¯
LEGEND
Proposed Project
Proposed Annexation boundary
Current City Boundary
Proposed Annexation - East End Ave.

Date: 07/20/2021
General Plan Land Use Designations:

RD 2
RD 4.5
RD 8
RD 12
LI
GI
NC
73 RESOLUTION NO. 2024-017

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

CALIFORNIA, DETERMINING THE AMOUNT OF TAX REVENUES TO

BE EXCHANGED BETWEEN AND AMONG THE CITY OF CHINO , SAN

BERNARDINO COUNTY, AND COUNTY OF SAN BERNARDINO
SERVICE ARE A 70, RES ULTING FROM THE JURISDICTIONAL
CHANGE DESCRIBED BY LAFCO 3268, EAST END ANNEXATION
PL20-0003

WHEREAS, the Chino City Council hereby finds and determines as follows:

SECTION 1. The Chino City Council hereby finds and determines that:

A. Pursuant to Section 99 of the Revenue and Taxation Code, prior to the issuance of a Certificate of Filing by the Local Agency Formation Commission Executive Order, the governing bodies of all local agencies whose service responsibilities will be altered by change of organiza tion shall negotiate and determine by resolution the amount of property tax revenues to be ex changed between and among such local agencies.

B. Except as provided in Section 99 of the Revenue and Taxation Code, in the event that a jurisdi ctional change wou ld affect the service area or service responsibility of one or more special districts, the Board of Supervisors shall, on behalf of all special districts, negotiate any exchange of property tax revenues.

C. The Board of Supervisors of the County of San Bernardino and the City of Chino have determined the amount of property tax revenues to be exchanged as a result of the following jurisdictional change:

LOCAL AGENCY FORMATION COMMISSION 3268 – REORGANIZATION TO

INCLUDE THE CITY OF CHINO AND DETACHMENT FROM C OUNTY
SERVICE AREA 70 (EAST END ANNEXATION)

SECTION 2. The Chino City Council hereby resolves and orders that:

A. The negotiated exchange of property tax revenue between the City of Chino, San Bernardino County and County Service Area 70 , attached hereto as Exhi bit “A” and incorporated herein by reference, resulting from the above -described jurisdictional change, is accepted.

B. The annual tax increment generated in the area subject to the jurisdictional change and attributable to the local agencie s who se service area or service responsibilities will be altered by the proposed jurisdictional change shall be allocated in future years pursuant to the provisions of Section 98 of the Revenue and Taxation Code.

SECTION 3. The City Clerk of the Chino City Council is hereby directed to certify the passage of this resolution and to cause a certified copy to be sen t to the 74 RESOLUTION NO. 2024-017
PAGE 2 OF 2

Executive Officer of the Local Agency Formation Commission of the County of San Bernardino.

Further, it is understood that future prop erty tax revenue will be distributed to the City of Chino in an amount not less than the percentage obtained by a pplying the herein agreed-upon amount of $52,026 to the total amount of property tax revenue of $499,108 generated within LAFCO 3268, per attached Exhibit “A”.

NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Chino hereby approves the tax share agreement between the City of Chino and the County of San Bernardino related to LAFCO 3268 (East End Annexation).

APPROVED AND ADOPTED THIS 16TH DAY OF APRIL 2024.

EUNICE M. ULLOA, MAYOR

ATTEST:

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 the foregoing Resolution was duly adopted by the Chino City Council at a regular meeting held on the 16th day of April 2024, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

NATALIE GONZAGA, CITY CLERK
Attachment: Exhibit “A”
75 City of Chino Percent: 10.43
TRA 61055 61101 61102 GRAND TOTAL
Assessed Value 19,118,260$ 1,156,740$ 29,635,768$ 49,910,768$ RDA Increment -$ -$ -$ -$ Net Value After RDA / TRA Frozen Base 19,118,260$ 1,156,740$ 29,635,768$ 49,910,768$ Tax Revenue 191,183$ 11,567$ 296,358$ 499,108$ Estimated Change
In Base Year
2023-24
Estimated Change
In Base Year
2023-24
Estimated Change
In Base Year
2023-24
Estimated Change
In Base Year
2023-24

TRANSFER FROM
COUNTY GENERAL FUND (19,940)$ (1,206)$ (30,910)$ (52,056)$ COUNTY SERVICE AREA 70 -$ -$ -$ -$ Total Transfers From (19,940)$ (1,206)$ (30,910)$ (52,056)$

TRANSFER TO
CITY OF CHINO 19,940$ 1,206$ 30,910$ 52,056$ Total Transfers To 19,940$ 1,206$ 30,910$ 52,056$ LAFCO 3268
Reorganization to Include Annexation to the City of Chino and Detachment from County Service Area 70 (East End Connection) Exhibit A

0.1043

MEMORANDUM

CITY OF CHINO

POLICE DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 16, 2024

TO: LINDA REICH, CITY MANAGER
FROM: KEVIN MENSEN, CHIEF OF POLICE

SUBJECT
..titl e
Federal Asset Forfeiture Funds - Patrol Equipment Purchase (Federal Grant G424F).

..end

RECOMMENDATION
1) Establish a Federal Grant Number G424F; 2) appropriate $43,073.14 from unappropriated reserves of the Asset Forfeiture/Department of Justice Fund 120 for the purchase of rifle-rated portable shields , breaching rams, and multi-use breaching tools ; 3) increase the Asset Forfeiture revenue by $ 43,073.14; and 4) authorize the City Manager to execute all necessary documents on behalf of the City.
..body

FISCAL IMPACT
These purchases require an appropriation of expenditures and revenue $43,073.14 from the unappropriated reserves of the Fed eral Asset Forfeiture/Department of Justice Fund balance.

There are sufficient funds for this appropriation.

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:
 Effective Technology

Revenue: 12040002-51539

Expenditure: 10041002-40010|43050|48040-G424F
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 77 CITY COUNCIL MEETING DATE: APRIL 16, 2024
TITLE: FEDERAL ASSET FORFEITURE FUNDS - PATROL EQUIPMENT PURCHASE (FEDERAL GRANT G424F).

PAGE: 2

BACKGROUND
For several years, the Chino Police Department has directly participated in investigations or prosecutions that have resulted in a federal forfeiture and, therefore, an equitable share of the net proceeds of the forfeiture are returned to the city. Forfeiture funds can only be designated for law enforcement use and must be used to increase or supplement the resources of the receiving law enforcement agency. Forfeiture funds cannot be used to replace the resources of the Department.

The Chino Police Depa rtment supervisor's patrol vehicles are equipped with shields and breaching equipment for use during critical incidents. The department's A rmored Rescue Vehicle and T actical Response Vehicle are also equipped with needed equipment for use in similar situations. With the increasing prevalence of high -powered firearms in criminal activities, traditional ballistic shields no longer provide adequate protection against rifle rounds. In addition to the shield upgrade, the Chino Police Department has identified a need to upgrade breaching equipment with modern breaching rams and multi-use breaching tools.

ISSUES/ANALYSIS
The manufacturer-suggested service life on the current shields will expire in 2024. To upgrade tactical shields to provide better ballistic protection for Chino Police Officers, and upgrade our breaching equipment, the Chino Police Department requests to use Asset Forfeiture funds to purchase these tools in the amount of $ 43,073.14 (inclusive of tax and shipping).

Appropriation of asset forfeiture funds will allow for the funding of the following items:

 Seven (7) Rifle-rated portable shields from Tyr Tactical at $5,521.43 each.  Five (5) Broco entry rams at $588.32 each; and
 Five (5) Halligan entry multi-tools at $296.31 each

By investing in this critical safety equipment, Chino Police Officers can be better equipped to effectively respond to the escalating dangers inherent in law enforcement duties, ultimately safeguarding both officers and the communities they serve.

78 MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 16, 2024

TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS

SUBJECT
..titl e
Chino Preserve Development Corporation - Development Impact Fee Credit & Reimbursement Agreement Tract Map No. 16420-5 (Block 3)...end
..end

RECOMMENDATION
Approve a Development Impact Fee Construction credit/reimbursement agreement with Chino Preserve Development Corporation for Tract Map No.16420 -5 (Block 3) for $4,077,734 and authorize the City Manager to execute the necessary documents on behalf of the City. ..body

FISCAL IMPACT
Credits issued to the developer will be deducted from the actual project costs once the final cost accounting has been reviewed and approved by the City Engineer. Upon the final acceptance of the public improve ments by the City Council, staff will continue to monitor the fund balance in the appropriate Development Impact Fee Fund and begin making progress payments to the developer until the terms of the agreement are fulfilled. Each progress payment will require an appropriation of funds and therefore, each payment will be brought back to the City Council for approval.

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

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. 79 CITY COUNCIL MEETING DATE: APRIL 16, 2024
TITLE: CHINO PRESERVE DEVELOPMENT CORPORATION - DEVELOPMENT IMPACT FEE CREDIT & REIMBURSEMENT AGREEMENT TRACT MAP NO. 16420-5 (BLOCK 3).

PAGE: 2

BACKGROUND
In 2008, the City’s Planning Commission approved an “A” level Master Site Approval and Tentative Tract Map No. 16420 to subdivide 522 acres of land generally located south of Pine Avenue, west of Hellman Avenue, and north and east of Chino Corona Road for what is known as the South of Pine area in The Preserve. The purpose of the original Master Site Approval was to establish large parcels, and phase major backbone street systems for both future residential and non-residential development within the master plan area.

On February 23, 2022, the City’s Planning Commission conditionally approved a Development Modification to the Master Site Approval and Tentative Tract Map No. 16420. The modification removed the phased development concept originally approved, divided the larger land area into smaller lots to be reconveyed for development, and established improvement areas for future development. It is important to note that the Developer Modification also incorporated conditions of approval for improvements along Pine Avenue for associated developments within the larger project area to help facilitate needed improvements to the area.

Subsequently, on September 19, 2022, the City’s Planning Commission a pproved Master Site Approval PL21 -0045 and Tentative Tract Map No. 20446 to create 114 numbered lots and 7 lettered lots to accommodate 114 single -family homes (known as “Block 3”). This project is generally located on the north side of Chino Corona Road b etween Main Street and Legacy Park Street as shown in Exhibit A. Tract Map No. 16420 (as amended) will dedicate and require surety for portions of offsite improvements within the Tentative Tract Map No. 20446 area.

Furthermore, Tentative Tract Map No. 2044 6 is intended to be recorded in two phases. Each phase may be recorded independently of the other. As a result, Chino Preserve Development Corporation requested approval of Tract Map No.16420 -5 Final Map, which subdivides 24.91 acres within Block 3 as show n on Exhibit B, which was approved by the City Council on November 21, 2023.

The Engineering Conditions of Approval (COA) for Block 3 requires public improvements including, but not limited to curb, gutter, sidewalk, streetlights, asphalt concrete pavemen t, median/parkway landscape, sewer, water, recycled water, and drainage improvements on East Preserve Loop, Chino Corona Road, and Legacy Park Street. To guarantee the completion of these public improvements, the developer entered into a Subdivision Improv ement Agreement with the City and provided the necessary securities for the improvements. The final engineering for Tract Map No. 16420 -5 is substantially complete and the developer is desiring to pull building permits for this development soon.

Some of the required public improvements are master -planned facilities and are included in the City’s Preserve Sewer Development Impact Fee (“DIF”) program. The DIF Ordinance provides that if, as a condition of approval of a development project, a developer cons tructs a public facility identified in the DIF Nexus and Calculation Report, for which a DIF is imposed, Developer shall be eligible to receive reimbursement and a fee credit toward the DIFs imposed on the development project for the same type of public fa cility so constructed and shall be entitled to credit for eligible costs of constructing the public facilities; thus, necessitating a construction credit and reimbursement agreement with the City.

ISSUES/ANALYSIS
The requirements made at the time of tent ative map approval have been met by the execution of the Subdivision Improvement Agreement for Tract Map No. 16420-5 and by posting the necessary securities to guarantee the construction of public improvements conditioned for 80 CITY COUNCIL MEETING DATE: APRIL 16, 2024
TITLE: CHINO PRESERVE DEVELOPMENT CORPORATION - DEVELOPMENT IMPACT FEE CREDIT & REIMBURSEMENT AGREEMENT TRACT MAP NO. 16420-5 (BLOCK 3).

PAGE: 3

Block 3.

Additionally, upon the final acceptance of the public improvements the developer will submit its backup documentation to the City, the City Engineer will review the final accepted/approved "as- built" plans, specifications, and supporting 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 of $4,077,734. If that is the case, City staff will include the updated costs for the project in the next an nual update to the Nexus Report.

Additionally, once the final cost accounting is approved, staff will bring back to the City Council an action to appropriate funds to make progress payments and apply DIF credits issued to the Developer for Tract Map No. 16420-5 until the terms of the agreement are fulfilled.

Therefore, staff recommends that the City Council approve a construction credit/reimbursement agreement with Chino Preserve Development Corporation for $4,077,734.

The City Attorney reviewed and approv ed the construction credit/reimbursement agreement, which is attached as Exhibit C.

Attachments: Exhibit A - Location Map Master Site Approval PL21-0045 Exhibit B - Location Map Tract Map No. 16420-5
Exhibit C – Construction Credit & Reimbursement Agreement

81 EXHIBIT A

LOCATION MAP
MSA / TTM 20446 BLOCK 3

Project Site
82 83

CONSTRUCTION CREDIT AND REIMBURSEMENT AGREEMENT

CITYWIDE DEVELOPMENT IMPACT FEE PROGRAM
TRACT MAP NO. 16420-5 (BLOCK 3)
This CONSTRUCTION CREDIT AND REIMBURSEMENT AGREEMENT ( “Agreement”) is entered into this 16th day of April 2024 (“Effective Date”), by and between CITY OF CHINO, a California municipal corporation ( “City”), and CHINO PRESERVE DEVELOPMENT CORPORATION, a California corporation ( “Developer”). City and Developer are sometimes hereinafter referred to individually as “Party” and jointly as “Parties”.

RECITALS
A. Developer owns that certain real property consisting of Master Site Approval PL21-0045 and Tentative Tract Map No. 20446 to create 114 numbered lots and 7 lettered lots to accommodate 114 single-family homes, referred to as Block 3. Block 3 is generally located on the north side of Chino Corona Road between Main Street and Legacy Park Street as shown Exhibit A. Tract Map No. 16420 (as amended) will dedicate and require surety for portions of offsite improvements within the Tentative Tract Map No. 20446 area. Furthermore, Tentative Tract Map No. 20446 is intended to be recorded in two phases. Each phase may be recorded independent of the other. As a result, Chino Preserve Development Corporation requested approval of Tract Map No.16420-5 Final Map, which subdivides 24.91 acres within Block 3 as shown on Exhibit A-1, which was approved by the City Council on November 21, 2023. (“Project”).

B. Developer has requested from City certain entitlements and/or permits for the Project, and City has granted the entitlements and/or permits subject to certain conditions of approval provided on Exhibit B which will require certain public improvements to be constructed in excess of those applicable to the Project (“Conditions of Approval”).

C. The Conditions of Approval also require Developer to pay Development Impact Fees (“ DIFs”), as established in Chapter 3.40 of the Chino Municipal Code (“ DIF Ordinance”). The DIFs have been established by City to finance public facilities in furtherance of the goals and objectives of City’s general plan, various facility master plans, capital improvement plans, and the nexus reports described in the DIF Ordinance (“Nexus Reports”).

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

E. Developer has elected to construct certain public improvements in excess of those specifically required by the Conditions of Approval which are specified on Exhibit C ( “Public Improvements”).

F. The DIF Ordinance provides that if, as a condition of approval of a development project, a developer constructs a public facility identified in the Nexus Reports, for which a development impact fee is imposed, Developer shall be eligible to receive a fee credit toward the DIFs imposed on the Project for the same type of public facility so constructed, and shall be entitled to reimbursement for eligible costs of constructing the public facility, provided that developer complies with the requirements of the DIF Ordinance as it may be amended from time to time.

The DIF Ordinance specifically requires that the developer and City enter into a credit and reimbursement agreement.
84 2

G. City and Developer desire to enter into this Agreement for the following purposes: (i) to provide for the timely construction and completion of the Public Improvement s, (ii) to ensure that construction of the Public Improvements is undertaken in accordance with the Plans and Specifications, an d the laws and ordinances pertaining to the construction of public improvements, ( iii) to provide the methodol ogy for establishing the reimbursement amounts and/or DIF credits to which Developer may be entitled after completion of the Public Improvements (“Reimbursement/Credits”); and (iv) the requirements for Developer’s transfer or application of all or any portion of the Reimbursement/Credits to third party.

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

AGREEMENT:

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

2. Construction of Public Improvements. Unless extended by a written extension executed by the Parties, within one (1) year of the issuance of a building permit for the Project, Developer shall construct or have constructed, at its own cost and expense, the Public Improvements in accordance with the Plans and Specifications and the provisions of this Agreement . Developer shall provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary to fully and adequately complete the Public Improvements.

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

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

2.3 Public Works Requirements. Developer shall ensure that the bidding, awarding, and construction of the Public Improvements are undertaken as if such Public Improvements were constructed as a public works project under the direction and authority of City , pursuant to all provisions of law applicable to governmental entities. Developer shall also comply with the requirements of City’s Bidding and Contract Requirements For Public Improvements Policy, as adopted by City Council, hereby incorporated by reference and made a part of hereof (as may be amended from time to time).
(a) Prior to soliciting or awarding the bid for any portion of the Public Improvements, Developer shall submit the bid packet and a set of construction drawings signed by Developer or another authorized representative designated by Develope r for the work being bid to City Engineer or his or her designee for review and approval, which approval shall be granted or denied within fifteen (15) calendar days after submission of such bid packet. If City Engineer denies approval of such bid packet and construction drawings, City Engineer shall specify the reasons for such disapproval and Developer shall resubmit a revised bid packet for review and approval until such approval is obtained. 85 3

(b) Developer shall obtain bids for the construction of the Public Improvements in a manner which has been approved by City Engineer. Developer shall provide City Engineer with copies of all bids received from California licensed contractors and a bid summary in a form approved by City Engineer to assure that the contractor/subcontractors adhere to the applicable legal requirements for public works projects. The contract or contracts for the construction of the Public Improvements shall be awarded to the responsible bidder(s) submitting the lowest responsive bid(s) for the construction of the Public Improvements. Developer shall enter into a construction contract with each contractor selected to perform work on the Public Improvements (after competitive bidding as set forth above), (each, a “Construction Contract”) for the performance of the work set forth in the selected bid, and the terms of each Construction Contract entered into by Developer and each contractor/subcontractor shall be reasonably acceptable to City Engineer. Developer shall submit to City a copy of each executed Construction Contract for the Public Improvements within fifteen (15) days after execution thereof. (c) Developer’s general contractor for the construction of the Public Improvement (“General Contractor”) shall pay prevailing wages (in accordance with Articles 1 and 2 of Chapter 1, Part 7, Division 2 of the Labor Code) and otherwise comply with applicable provisions of the Labor Code, the Government Code, the Civil Code, and the Public Contract Code relating to public works projects of cities and as required by the procedures and standards of City with respect to the construction of its public works projects or as otherwise directed by City Engineer. (d) All contractors shall be required to provide proof of insurance coverage throughout the term of the construction of the Public Improvements which they will construct in conformance with Section 5 of this Agreement.

2.4 Schedule of Performance. Developer shall commence construction of the Public Improvements in accordance with the Schedule of Performance attached as Exhibit D.

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

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

2.7 Force Majeure. Developer agrees that the time within which it shall be required to perform any act under this Agreement shall not be extended except as follows: (i) Developer is delayed by City (including, without limitation, restrictions on priority, initiative or referendum, or 86 4

moratoria), in which case Developer shall provide written notice to City specifically describing the nature and extent of the delay caused by City and Developer’s detailed efforts to avoid such delay, which references this Section and deliver such notice within twenty (20) days of discovering such delay, and Developer’s obligations shall be extended for such time as City deems reasonable as a result of the delay if and only if Developer provides such written notice to City within such time; or (ii) Developer is delayed due to war, insurrection, strikes, lock -outs, riots, floods, earthquakes, fires, casualties, natural disasters, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, processing with any governmental agencies, unusually severe weather, or any other similar causes beyond the control of Developer or without the fault of Developer. An extension of time for any such cause shall be for the period of the enforced delay equal to the number of days during which Developer’s performance was delayed and shall commence to run from the time of the commencement of the cause, if written notice by Developer claiming such extension is sent to City within twenty (20) days of knowledge of the commencement of the cause.

3. Security; Surety Bonds . Prior to the commencement of any work on the Public Improvements, Developer or its contractor shall provide City with surety bonds in the amounts and under the terms set forth below or, at City’s request, in lieu of surety bonds, a letter of credit or letters of credit issued by a banking institution with a rating to be approved by City and in the form and upon terms approved by City (“Security”). The amount of the Security shall be based on the estimated actual costs (“Estimated Costs”) to construct the Public Improvements, as determined by City after Developer has awarded a contract for construction of the Public Improvements to the lowest responsive and responsible bidder in accordance with this Agreement. If City determines, in its sole and absolute discretion, that the Estimated Costs have changed, Developer or its contractor shall adjust the Security in the amount requested by City. Providing the Security shall not release Developer of its indemnification obligation in Section 4.

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

All security provided under this section shall be released at the end of the Warranty period, provided that Developer is not in default of this Agreement.

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

3.3 Additional Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Best rating of at least “A” and FSC -VIII, shall be licensed to do business in California. As part of the obligation secured by the Security and in addition to the face amount of the Security, Developer and its contractor or the surety shall secure the costs and reasonable expenses and fees, including reasonable attorneys’ fees and costs, incurred by City in enforcing the obligations of this Agreement. Developer and its contractor and the surety shall stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the Public Improvements, or the Plans and Specifications shall in any way affect its obligation on the Security. 87 5

4. Indemnification. Developer shall defend, indemnify, and hold harmless City, its elected officials, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental agency, arising out of or incident to any acts, omissions, negligence or willful misconduct of Developer in connection with the performance of this Agreement (“ Claims”). This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any Claim which is caused by the sole negligence or willful misconduct of City, as determined by a court or administrative body of competent jurisdiction. Developer’s obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, employees, or agents.

5. Insurance.

5.1 Types; Amounts . Developer shall procure and maintain, and shall require its contractors to procure and maintain, during performance of this Agreement, insurance of the types and in the amounts described below (“ Required Insurance ”). If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit.

5.1.1 General Liability . Occurrence version general liability insurance, or equivalent form, with a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage.

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

5.1.3 Workers’ Compensation . Workers’ compensation insurance with limits as required by the Labor Code of the State of California and employers’ liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence, at all times during which insured retains employees.

5.1.4 Professional Liability . For any consultant or other professional who will engineer or design the Public Improvements, liability insurance for errors and omissions with limits not less than Two Million Dollars ($2,000,000) per occurrence, shall be procured and maintained for a period of five (5) years following completion of the Improvements. Such insurance shall be endorsed to include contractual liability.

5.2 Deductibles. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City, its elected officials, officers, employees, agents, and volunteers; or (b) Developer and its contractors shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.

5.3 Additional Insured; Separation of Insureds . The Required Insurance, except for the professional liability and workers’ compensation insurance, shall name City as an additional 88 6

insured with respect to work performed by or on behalf of Developer or its contractors, including any materials, parts, or equipment furnished in connection therewith. The Required Insurance shall contain standard separation of insureds provisions, and shall contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, or agents.

5.4 Primary Insurance; Waiver of Subrogation. The Required Insurance shall be primary with respect to any insurance or self -insurance programs covering City, its elected officials, officers, employees, or agents. The policy required for workers’ compensation insurance shall provide that the insurance company waives all right of recovery by way of subrogation against City in connection with any damage or harm covered by such policy.

5.5 Certificates; Verification. Developer and its contractors shall furnish City with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by City before work pursuant to this Agreement can begin. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

5.6 Term; Cancellation Notice . Developer and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. All policies shall , to the extent available from commercially reasonable insurance providers, be endorsed to provide that the Required Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire except on thirty (30) days’ prior written notice to City.

5.7 Insurer Rating . Unless approved in writing by City, all Required Insurance shall be placed with insurers licensed to do business in the State of California and with a current A.M.

Best rating of at least “A-” and FSC-VIII.

6. Maintenance of Improvements . City shall not be responsible or liable for the maintenance or care of , and shall exercise no control over, the Public Improvements until such Public Improvements are accepted by City. Developer shall have no obligation to make the Public Improvements available for public use at any time before the Public Improvements are accepted by City.

Any use by any person of the Public Improvements, or any portion thereof, shall be at the sole and exclusive risk of Developer at all times prior to City ’s acceptance of the Improvements. Developer shall maintain all of the Public Improvements in a state of good repair until they are completed by Developer and accepted by City, and until the security for the performance of this Agreement is released. It shall be Developer’s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work w hen notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this section, City may , upon written notice and Developer’s failure to remedy as provided in Section 14 , do all work necessary for such maintenance , and the cost thereof shall be the responsibility of Developer and its surety under this Agree ment. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Public Improvements or their condition prior to acceptance, except to the extent such damage or injury is caused by the negligence or willful misconduct of City, its elected officials, employees, and/or agents.

7. City Inspection of Public Improvements. Developer shall, at its sole cost and expense, and at all times during construction of the Public Improvements, maintain reasonable and safe facilities and provide safe access for inspection by City of the Public Improvements and areas where construction of the Public Improvements is occurring or will occur. Developer shall give notice to City when the construction of all or a portion of the Public Improvements is complete. Upon receiving such notice, City may inspect the Public Improvements and request any modifications or corrections as may be deemed 89 7

reasonably necessary by City Engineer, in his or her sole discretion, to bring the Public Improvements into conformity with the Plans and Specifications, including any approved revisions thereto. Developer or Developer’s contractors shall make all such modifications and corrections requested by City Engineer.

8. Liens. Developer shall not permit any liens to be filed against the Public Improvements and indemnifies City with respect to any such liens. Upon the expiration of the time for the recording of claims of liens as prescribed by Sections 8412 and 8414 of the Civil Code with respect to the Public Improvements, Developer shall provide to City such evidence or proof as City shall reasonably require that all persons, firms, and corporations supplying work, labor, materials, supplies, and equipment to the construction of the Public Improvements have been paid, and that no claims of liens have been recorded by or on behalf of any such person, firm, or corporation. Rather than await the expiration of the said time for the recording of claims of liens, Developer may elect to provide to City a title insurance policy or other security acceptable to City guaranteeing that no such claims of liens will be recorded or become a lien upon any of the Property.

9. Acceptance of Improvements; As -Builts or Record Drawings . If the Public Improvements are completed by Developer in accordance with the Plans and Specifications, as determined by City Engineer, City shall be authorized to accept the Public Improvements. City may, in its reasonable discretion, accept fully completed portions of the Public Improvements prior to such time as all of the Public Improvements are complete, which shall not release or modify Developer’s obligation to complete the remainder of the Public Improvements. Upon the total or partial acceptance of the Public Improvements by City, Developer shall file with the Recorder’s Office of the County of San Bernardino a notice of completion for the accepted Improvements in accordance with California Civil Code Section 9204 (“Notice of Completion”), at which time the accepted Public Improvements shall become the sole and exclusive property of City without any payment therefor. Notwithstanding the foregoing, City may not accept any Public Improvements (or the applicable portion thereof) unless and until Developer provides two (2) sets of “as -built” or record drawings or plans to City for all such Public Improvements (or the applicable portion thereof). The drawings shall be certified and shall reflect the condition of the Public Improvements as constructed, with all changes incorporated therein.

10. Warranty and Guaranty . Developer warrants and guarantees all the Public Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of the Public Improvements, for a period of one (1) year following completion of the work and acceptance by City (“ Warranty”). During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise materially unsatisfactory portion of the Improvements, in accordance with the Plans and Specifications. All repairs, replacements, or reconstruction during the Warranty period shall be at the sole cost and expense of Developer, and shall not be eligible for credits or reimbursements. As to any Public Improvements which have been repaired, replaced, or reconstructed during the Warranty, Developer hereby agree to provide a warranty for a one (1) year period following City acceptance of the repaired, replaced, or reco nstructed Public Improvements. Nothing herein shall relieve Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any Public Improvement following expiration of the Warranty or any extension thereof. Developer’s warranty obligation under this section shall survive the expiration or termination of this Agreement.

11. DIF Credit and Reimbursement.

11.1 Calculation of Eligible Costs . Upon or prior to completion of the Public Improvements by Developer, Developer shall submit to City Engineer such information as City Engineer may require to calculate the actual costs incurred by Developer to construct the Public Improvements (“Actual Costs”).
90 8

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

11.2.1 Reasonable Soft Costs . City Engineer shall, in his or her sole reasonable discretion, determine the amount of reasonable soft costs eligible for credit and reimbursement under the DIF Ordinance. Such amounts may include professional engineering and design services, construction management, soils testing, permits, plan check fees, and inspections , but shall not include interest or attorneys’ fees . For soft costs to be reimbursable to Developer pursuant to this Agreement, City must be able to verify that such soft costs are specifically attributable to the specified Public Improvements for which reimbursement is being made, by reference to separate subcontract(s) or by another means approved by City in writing. City Engineer may, in his or her reasonable discretion, reduce or disallow credit/ reimbursement for any costs he or she finds excessive or unreasonable.

11.2.2 Nexus Report Costs Estimates . The Credit/Reimbursement Amount shall not exceed the cost estimates for the Public Improvements included in the Nexus Reports, unless approved by City council.

11.2.3 DIF Categories . Developer acknowledges that DIF s are imposed in various separate categories to fund specific public facilities. Credit against DIF s may only be applied for eligible improvements identified in the specific DIF category.

11.3 Conditions Precedent to Final Credit or Reimbursement . City’s obligation to provide fee credits or reimbursements for the Public Improvements pursuant to this Agreement is conditioned upon the prior satisfaction by Developer or written waiver by City Manager of each of the following Conditions Precedent within the times designated below:

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

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

11.3.3 As-Built Drawings . Pursuant to Section 9, Developer shall have submitted two (2) sets of final as-built drawings for the Public Improvements to City Engineer.

11.3.4 Acceptance of Required Public Improvements by City. The City Council shall have accepted title to the Public Improvements.

11.3.5 No Default. Developer shall not be in d efault in any of its obligations under the terms of this Agreement , and all representations and warranties of Developer contained herein shall be true and correct in all material respects.
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11.3.6 Compliance with DIF Ordinance and Conditions of Approval.

Developer shall be in compliance with all requirements of the DIF Ordinance and the Conditions of Approval.

12. DIF Addendum.

12.1 DIF Fees. For purposes of the DIF Addendum, t he amount of the DIF owed by Developer shall be calculated as of the date the fees are due pursuant to the DIF Ordinance.

12.2 Payment. If Developer’s credit is less than the DIF owed, then Developer shall pay the remaining balance to City to fully satisfy Developer’s DIF obligation within thirty (30) days of the execution of the DIF Addendum.

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

12.4 Assignment of Credit/Reimbursement Amount. Developer shall have the right to assign all or port ions of the Cre dit/Reimbursement Amount in accordance with the requirements specified in the DIF Addendum , which assignment will require City’s written acknowledgement .

Developer understands that strict compliance with the assignment restrictions is critical to allow City to track the total Credit/Reimbursement Amount and Developer’s failure to comply with the assignment requirements in the DIF Addendum may result in delays in the processing of credit/reimbursement assignments by the City.

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

14. Default; Notice; Remedies.

14.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation or code, City may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation ( “Notice of Default ”). Developer shall substantially commence the work required to remedy the default or violation within five (5) business days of the Notice of Default. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the Notice of Default verbally, and Developer shall substantially commence the required work within twenty-four (24) hours thereof. Immediately upon City’s issuance of the Notice of Default, Developer and its surety shall be liable to City for all costs of construction and installation of the Public Improvements and all other administrative costs or expenses, as provided for in Section 15 of this Agreement.

14.2 Failure to Remedy; City Action . If the work required to remedy the noticed default or violation is not commenced within the time required under Section 14.1 of this Agreement and diligently prosecuted to completion, City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its reasonable discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost and expense of Developer and its surety, without the necessity of giving any further notice 92 10
t
o Developer or surety. In the event City elects to complete or arrange for completion of the remaining work and the Public Improvements, City may require all work by Developer or its surety to cease in order to allow adequate coordination by City.

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

15. Administrative Costs. If Developer fails to construct and install all or any part of the Public Improvements, or if Developer fails to comply with any other obligation contained herein, Developer and its surety shall be jointly and severally liable to City for all administrative expenses, fees, and costs, including reasonable attorneys’ fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law.

16. Miscellaneous.

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

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

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

To City: City of Chino
13220 Central Ave.

Chino, CA 91710
Attn: Director of Public Works
Email: [email protected]

With Copy to: Aleshire & Wynder, LLP
1 Park Plaza, Suite 1000
Irvine, CA 92614
Attn: Fred Galante, Esq.

Email: [email protected]

To Developer: Chino Preserve Development Corporation
1156 N. Mountain Avenue
Upland, CA 91785-0670
Attn: Bryan Goodman

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With a copy to: Chino Preserve Development Corporation
1156 N. Mountain Avenue
Upland, CA 91785-0670
Attn: Jay Dupre, Esq.

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

16.5 Construction; References; Captions . The Parties agree that the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days, unless specified therein. All references to Developer include all personnel, employees, agents, and contractors of Developer, except as otherwis e specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

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

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

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

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

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

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

16.12 Time is of the Essence . Time is of the essence in this Agreement, and the Parties agree to execute all documents and proceed with due diligence to complete all covenants and conditions.

16.13 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument. 94 12

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

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

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

Exhibit A Location Map Master Site PL21-0045 Block 3
Exhibit A-1 Location Map Tract Map No. 16420-5
Exhibit B Conditions of Approval
Exhibit C Public Improvements
Exhibit D DIF Credit/Reimbursement Addendum

[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.

DEVELOPER: CITY:

CHINO PRESERVE DEVELOPMENT
CORPORATION, a California corporation

By: ________________________
Its: Authorized Agent
Bryan Goodman

DATED: _________

CITY OF CHINO, a municipal corporation

By: _______________________
Dr. Linda Reich
City Manager

DATED: _________

ATTEST:

__________________________
Natalie Gonzaga, City Clerk

DATED: _________

APPROVED AS TO CONTENT:

_________________________
Hye Jine Lee
Director of Public Works

DATED: _________

APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP

By: ______________________
Fred Galante, City Attorney

DATED:

DEVELOPER: PERSON AUTHORIZED BY THE APPLICABLE ENTITY FORMATION DOCUMENTS SHALL EXECUTE THIS AGREEMENT. COPIES OF APPLICABLE DOCUMENTS EVIDENCING SUCH AUTHORITY SHALL BE PROVIDED TO CITY.

DEVELOPER SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE

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

96 01225
97 EXHIBIT A
MASTER SITE APPROVAL PL21-0045 BLOCK 3

98 EXHIBIT A-1

TRACT MAP NO. 16420-5

99 EXHIBIT B

CONDITIONS OF APPROVAL

[Attached]

100

DEVELOPMENT ENGINEERING DIVISION CONDITIONS OF APPROVAL Reviewed/Approved By: JP Date: 9/7/22

TRACT MAP NO. 20446 (PL21-0045 MSA and PL21-0057)

DATE: July 25, 2022 PC MEETING DATE: September 19, 2022

PROJECT DESCRIPTION: 21.90 acre Master Site Approval for the future development of 114 SFR.

PROJECT LOCATION: 8340 Chino Corona Road

APPLICANT: Chino Preserve Development Corp PROJECT ENGINEER: Felicia Marshall

PRIOR TO THE FIVE MAJOR DEVELOPMENT EVENTS, THE APPLICANT SHALL SATISFY AND FULFILL ALL CONDITIONS OUTLINED BELOW. FAILURE TO COMPLY WITH ANY CONDITIONS OF

APPROVAL SHALL BE DEEMED JUST CAUSE FOR REVOCATION OF PROJECT APPROVAL BY THE PLANNING COMMISSION. HOWEVER, THE DIRECTOR OF DEVELOPMENT SERVICES SHALL HAVE

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

COMPLY WITH ALL CONDITIONS OF APPROVAL FROM TENTATIVE TRACT MAP 16420 – (AMENDED) INCLUDING BUT NOT LIMITED TO CONSTRUCTION OF OFFSITE PUBLIC IMPROVEMENTS NEEDED TO SERVE THE PROJECT.

1.0 PRIOR TO MAP RECORDATION:

1.1 Provide a preliminary Title Report no older than 60 days.

1.2 Submit a preliminary soils report to the project engineer for review and approval in accordance with Government Code, Section 66434.5.

1.3 Make the following dedications:

Street Name Distance Direction From C/L
Chino Corona Road 66 feet R/W 33 feet each side
Legacy Park Street 40 feet ½ width to the south
East Preserve Loop 83 feet R/W 40 feet to the west and 43 feet to the east
A through F Street 60 feet R/W 30 feet each side

1.3a Dedicate to the City a 25-foot wide public utility easement, located at the south end of the tract (Lot F).

1.3b Prepare and record necessary drainage easements to implement the project in accordance with drainage law.

1.3c Easements:
• 1 foot sidewalk easements at right-of-way radial corner returns.

1.4 Provide a set of proposed Covenants, Conditions and Restrictions (CC&R) for review and approval.

The proposed CC&Rs shall contain the Association’s/Owner’s maintenance obligations with respect to various facilities including, but not limited to, right-of-way landscaping, sidewalks, utilities, street li ghts, and Water Quality Management Plan (WQMP) features. This document must be submitted to and approved by the City before it is submitted to any other governmental entity.

6.3.e
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Attachment: Eng COA Block 3 - TTM 20446 PL21-0045 and PL21-0057 (PL21-0045 (MSA) and PL21-0057 (TTM 20446) - Block 3 The Preserve) 101
TRACT MAP NO. 20446 2 July 25, 2022

1.5 Execute a Subdivision Agreement and submit security in an amount acceptable to the City Engineer to guarantee construction of the public improvements listed in 2.7. All security must be accessible to the City at any time and in a form acceptable to the Assistant City Manager , pursuant to Government Code, Section 66499.

1.6 Tract 16420 (amended) map will dedicate and require surety for portions of offsite improvements within the TTM 20446 area. Further, TTM 20446 is intended to be recorded in two phases. Each phase may be recorded independent of the other. Applicants for each phase must post surety related to improvements within each respective map phase.

1.7 Provide a Monumentation Bond in an amount specified in writing by a Registered Engineer or Licensed Land Surveyor of Record.

1.8 Submit an exhibit with a list of proposed street names for the interior streets to the Street Naming Committee for name(s) selection. Please provide one alternate street name for each street.

1.9 Comply with all applicable requirements of the City Municipal Code.

1.10 Existing pedestrian facilities on the frontage of the devel opment, open to the public within the development, shall be evaluated for accessibility. The street frontage includes all adjacent pedestrian facilities, including crosswalks, created by, prolongated from, or connected to any required sidewalks improvement s. The frontage may include sidewalks, curb ramps, connecting crosswalks (marked and unmarked), and their associated pedestrian facilities (on- street parking space, etc.).
a. The following existing improvements shall be made compliant with accessibility regulations as a part of this project:
i. park/recreation play facilities
ii. sidewalks/walks
iii. shared-use paths/multi-purpose paths
iv. curb ramps
v. crosswalk pavement and associated pedestrian facilities (pedestrian push buttons, maneuvering, clear space)
vi. driveway approaches crossings
vii. parking space

b. Improvements that are non-compliant with the accessibility standards in effect at the time of construction or alteration, shall be brought up to current accessibility standards. This work shall be incorporated into the scope of this project and shall be completed prior to acceptance by the City.
c. Improvements that are compliant with the accessibility standards in effect at the time of construction, shall be documented on a separate construction plan with detailed specifications (running and cross slopes of all pedestrian walking surfaces, locations and dimensions and slopes of maneuvering spaces and landings, width of sidewalk, width, and vertical clearance from obstructions). The accessibility of existing improvements will be verified by City inspection staff upon completion of the project.

Discrepancies between documented existing conditions and existing conditions as measured by City staff shall be remedied and brought up to accessibility standards as part of the project.

1.11 Pay all applicable fees pursuant to City Municipal Code including, but not limited to, plan check fees.

6.3.e
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Attachment: Eng COA Block 3 - TTM 20446 PL21-0045 and PL21-0057 (PL21-0045 (MSA) and PL21-0057 (TTM 20446) - Block 3 The Preserve) 102
TRACT MAP NO. 20446 3 July 25, 2022

1.12 Provide evidence of sufficient stormwater treatment capacity availability for the Mill Creek Wetlands.

2.0 PRIOR TO ISSUANCE OF BUILDING PERMITS FOR ANY LOT WITHIN THE SUBDIVISION/ PRIOR TO ISSUANCE OF CONSTRUCTION PERMITS:

2.1 Record Tract Map No. 20446 pursuant to the Subdivision Map Act and in accordance with City Municipal Code. Provide a duplicate photo Mylar of the recorded map to the City Engineer's office.

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

2.3 Provide a parking plan with summary that is subject to review and approval by the City Traffic Engineer.

2.4 Prepare and submit a drainage study, including supporting hydraulic and hydrological data to the project engineer for approval. The study shall confirm or recommend changes to the City's adopted Master Drainage Plan by identifying off- site and on-site storm water runoff impacts resulting from build-out of permitted General Plan land uses. In addition, the study shall identify the project's contribution and shall provide locations and sizes of catchments and system connection points and all downstream drainage-mitigating measures.

2.5 Prepare and submit a final grading plan showing building footprints, pad elevations, finished grades, drainage routes, retaining walls, erosion control, slope easements and other pertinent information in accordance with Appendix J of the California Building Code, latest edition.

2.6 Provide a certificate, from a Registered Civil Engineer, certifying that the finished grading has been completed in accordance with the City approved grading plan.

2.7 Design full public improvements for all impacted and interior streets/facilities in accordance with the City Municipal Code, Standards and Specifications. Such public improvements may include, but not be limited to the following: (Please coordinate and verify all requirements with the project engineer.)

6.3.e
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Attachment: Eng COA Block 3 - TTM 20446 PL21-0045 and PL21-0057 (PL21-0045 (MSA) and PL21-0057 (TTM 20446) - Block 3 The Preserve) 103
TRACT MAP NO. 20446 4 July 25, 2022

Street Names
“A” – “F” East
Preserve
Loop
Chino
Corona
Road
Legacy
Park
Street
Curb & Gutter (Offset from Centerline) 18’ both
sides
27’ both
sides
20’ both
sides
20’ both
sides
Sidewalk (Width) 5’ both
sides
6’ on
east and
5’ on
west side
5’ both
sides
10’ on
south
side
Asphalt Concrete Pavement on Aggregate Base
(Width from Centerline)

16’ 25’ 18’ 18’
Asphalt Concrete Overlay
Street Lights X X X X
Median Island and Landscaping X
Parkway Landscaping X X X X
Striping and Traffic Controls X1 X X X
Traffic Signal Interconnect
Conduit System for CATV X X X
Sewer4 X X X
Storm Drain3 X X X
Domestic Water X2
Recycled Water X8 X X X
Fire Hydrants as required by CVIFD X X X X
Other: Landscape Lot X5 X6 X7
1 Paint 20’ white curb adjacent to community mailboxes per CMC 10.28.040 (C), white paint indicates 3- minute parking for mailboxes. White curb shall not overlap with red curb at corners or crosswalks. 2 Public water mains shall not extend into lettered lots. 3 Line F Storm drain must be complete for this tract to tie into. There are also improvements that are required to the system to the south of the tract, which ties into Line F. 4 The proposed sewer connects at the south end of Main Street. Sewer improvements from the tract will need to extend to the south, into Chino Corona Road, and continue southwest.

The sewer in Lot E, Lot G, and Lot H shall be private.
5 The landscape lots for East Preserve Loop varies from 8’ to 10’ on the east side of the street. 6 The landscape lots for Chino Corona Road is 10’ on the west side of the street. 7 The landscape lots for Legacy Park Street is 5’ on the south side of the street. 8 Recycled water mains are not required in-tract, but the parkways within the tract must use recycled water.

2.8 All improvements shall comply with federal, state, and local accessibility regulations and standards.

The review or approval of plans and specifications by the City does not permit the violation of any section of the federal law, state law, building code, or local ordinance. Where accessibility standards are contradictory, the provision that provides the most accessible (restrictive) conditi on shall apply. Where the project’s conditions of approval conflict with accessibility regulations and standards, the prevailing provision shall be determined by City’s Accessibility Coordinator and City Engineer.

2.9 Obtain design and plan approval from appropriate utility companies for undergrounding all utility lines adjoining and interior to the project, including power lines of 34.5 kV or less, pursuant to City Municipal Code, Chapter 13.32.

6.3.e
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Attachment: Eng COA Block 3 - TTM 20446 PL21-0045 and PL21-0057 (PL21-0045 (MSA) and PL21-0057 (TTM 20446) - Block 3 The Preserve) 104
TRACT MAP NO. 20446 5 July 25, 2022

2.10 Prepare and submit a sewer collection system analysis to determine if downstream facilities are adequate to handle the proposed development. The analysis will evaluate the proposed point(s) of connection and determine if there are any system deficiencies or needed improvements in order for the proposed development to be connected to the City’s sanitary sewer collection system. The study shall be an amendment to update the latest Sewer Master Plan for the Subarea 2 (The Preserve) for the identified tributary areas in the master that are different from the proposed project site.

2.11 Pay all applicable fees pursuant to City Municipal Code including, but not limited to, the Development Impact Fees (DIF) and Sewage Facilities Development Fee (SFDF). The actual amount of fees due to the City will be based on the fee schedule in place on the date that the fees are due, or the date that they are paid, whichever occurs last. The fee amount stated in this notice is subject to change based on (1) annual adjustments for inflation, pursuant to Chino Municipal Code, Chapter 3.40.100 or 3.45.100, (2) revisions to the Chino Municipal Code, and (3) updates to the fee studies and nexus reports adopted by the City.

Developer is solely responsible for remaining informed about changes in the fee amounts. City shall have no obligation to inform Developer of changes in the fee amounts unless Developer requests notice of such changes, pursuant to Government Code Section 66019(b) and Chino Municipal Code Chapter 3.40.080(B) or 3.45.080(B).

2.12 All projects developing one (1) acre or more of total land area, or which are part of a larger phased development that will disturb one acre of land, are required to obtain coverage under the State Water Resources Control Board’s (SWRCB) General Permit for storm water discharges associated with construction activity. Proof of filing a Notice of Intent (NOI) with the SWRCB for coverage under this permit is required. A copy of the Waste Discharger’s Identification Number (WDID), issued by the SWRCB, must be submitted to the Project Engineer prior to issuance of gradi ng permits. More detailed information regarding this General Permit, applicable fee information and the necessary forms to complete the NOI are available by calling (916) 341-5537 or on the SWRCB web site at http://www.swrcb.ca.gov/water_issues/programs/stormwater/constpermits.shtml

2.13 Pursuant to Santa Ana Regional Water Quality Control Board Order Number R8- 2010-0036, NPDES Permit No. CAS618036, prepare a project- specific Water Quality Management Plan (WQMP) and submit to the project engineer for review and approval. To address NPDES Permit requirements to the maximum extent practicable, the project shall be designed to specify preferential use of Low Impact Development Best Management Practices that reduce pollutants and runoff volume through structural measures (e.g. infiltration, harvesting, and bio-treatment) and non-structural measures (e.g. preserving natural areas, clustering development, and reducing impervious areas). The WQMP shall conform to the requirements of the San Bernardino County Stormwater Program, 2013 WQMP Technical Guidance Document.

2.14 Any future maintenance and repair of domestic or fire service laterals and sewer laterals to the project site shall be the sole responsibility of the applicant/property owner in accordance with City Code, Chapter 13.04.175 and 13.12.150.

2.15 Convey ownership of all existing onsite water wells to the City and convert to monitoring wells as directed by the City’s Public Works Environmental staff and Water Utilities Supervisor. Prepare and record any necessary easements to provide the City with access to the monitoring wells. Any existing water wells that cannot be feasibly converted to monitoring wells shall be destroyed (per City Standard No. 465).

2.16 City staff shall determine the type of water (potable or recycled) to be used for grading operations, dust control activities, and common area/public landscape irrigation at the time of permit issuance.

6.3.e
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Attachment: Eng COA Block 3 - TTM 20446 PL21-0045 and PL21-0057 (PL21-0045 (MSA) and PL21-0057 (TTM 20446) - Block 3 The Preserve) 105
TRACT MAP NO. 20446 6 July 25, 2022

2.17 All public street corners shall have a minimum curb radii per City Municipal Code, Chapter 19.06 and City Standards and Specifications.

2.18 Provide adequate sight distance (per City Standard No. 865) for each project driveway and at all intersections. Landscaping type and height shall be maintained to ensure sight distance requirements are perpetuated.

2.19 Submit to the City electronic files, in Adobe Acrobat PDF format, of all submittals, including reports, studies, improvement plans and City redlines of previous submittals.

2.20 Comply with all requirements of the Traffic Impact Analysis (TIA) dated July 5, 2022 including construction of required improvements and mitigation measures as shown on the Mitigation Monitoring and Reporting Program, to mitigate impacts.

3.0 PRIOR TO REQUEST AND RELEASE OF ANY OCCUPANCY PERMITS:

3.1 Construct and secure Development Services Department approval of all public facilities enumerated under Section 2.7 above (per Resolution No. 88-23).

3.2 The applicant’s Civil Engineer shall field verify that all BMPs are designed, constructed, and functional in accordance with the approved WQMP. BMPs shall also be inspected by Public Works Environmental staff. Coordinate inspection with staff and submit a completed City of Chino BMP field verification form for review and approval

3.3 Pay all remaining applicable fees pursuant to City Municipal Code.

4.0 PRIOR TO FINAL ACCEPTANCE/PROJECT CLOSEOUT:

4.1 Complete all Conditions of Approval listed under Sections 1-3 above.

4.2 Slurry seal along all streets impacted by the development as directed by City staff. Install signing and striping per approved plans.

4.3 Submit to the City a letter from the surveyor indicating monuments required for the map have been set and they have been fully paid for their services.

4.4 Submit to the City, electronic files of Tract/Parcel Map and “as -built” improvement plans in AUTOCAD, Ersi GIS shape and Adobe Acrobat PDF formats. AUTOCAD files shall be submitted as an etransmitted zip file of the CAD drawings with all base files attached. Scanned resolution of PDF shall be a minimum of 360 dpi.

6.3.e
Packet Pg. 90
Attachment: Eng COA Block 3 - TTM 20446 PL21-0045 and PL21-0057 (PL21-0045 (MSA) and PL21-0057 (TTM 20446) - Block 3 The Preserve) 106
TRACT MAP NO. 20446 7 July 25, 2022

5.0 PINE AVENUE PUBLIC IMPROVEMENTS

5.1 The City shall design and the Developer shall construct per City Standards the following required improvements on Pine Avenue between Euclid and Mayhew Avenues to the satisfaction of the City Engineer. Applicant shall receive Development Impact Fee (DIF) credit for the construction of improvements identified in the City’s latest DIF Nexus Study and any agreed to interim improvements:
a. Widen Pine Avenue to provide two westbound lanes, a two- way left turn lane, and two eastbound lane. Provide two westbound left turn lanes and two northbound right turn lanes at the Euclid Avenue inter section. Improvements shall include but are not limited to AC pavement, curb, gutter, traffic signal modification, signing, and striping.
b. Restripe Pine Avenue to increase the capacity of the two westbound left turn lanes at the Pine & Euclid intersection to the satisfaction of the City. c. Install temporary striping to accommodate a transition between lane configurations at Mayhew Avenue.
d. Slurry seal along streets impacted by the construction of public improvements as directed by City staff. Install traffic controls, signing and striping per approved plans.

5.1.a Within one year of obtaining right -of-way from the applicable offsite pro perty owners and obtaining required permits from the State and federal agencies, construct and secure Development Services Department approval of all required improvements.

5.2 The developer shall construct Pine Avenue between Meadowhouse Avenue and Rincon Meadows Avenue, generally described as Pine Avenue Stage 3, including northerly side ultimate width, curb, gutter, sidewalk, parkway, and street lights, two (2) through lanes in each direction and related public improvements including traffic control. This condition shall apply to entitlements approved after or on the date of the approval of this tentative map.

5.2.a Within one year of obtaining required permits from local, State and federal agencies, construct and secure Development Services Department approval of all required improvements in accordance with plans approved by the City. The City shall, at its discretion, have the ability to restrict the issuance of building permits should the Developer not construct and complete all required improvements prior to the one year period.

6.3.e
Packet Pg. 91
Attachment: Eng COA Block 3 - TTM 20446 PL21-0045 and PL21-0057 (PL21-0045 (MSA) and PL21-0057 (TTM 20446) - Block 3 The Preserve) 107

Rev. 9/7/2222

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

DEVELOPMENT ENGINEERING DIVISION

ITEMS REQUIRED FOR FIRST PLAN CHECK SUBMITTAL

TRACT MAP NO. Error! Reference source not found.

PROJECT ENGINEER: Felicia Marshall
DATE: 7/19/2022

A COPY OF THIS CHECK LIST MUST BE SUBMITTED WITH THE FIRST PLAN CHECK

1 Copy of Development Engineering Division Conditions of Approval

2 Sets of Maps (Subdivision Only)

2 Copies of preliminary Title Report (no older than six months) (Subdivision Only)

2 Copies of Closure Calculations (Subdivision Only)

1 Set of Referenced Maps (Subdivision Only)

2 Copies of Preliminary Soils Report (no older than sixty days)

2 Copies of lot line adjustment certificate

2 Copies of lot merger

2 Copies of right-of-way dedication

4 Sets of Rough Grading Plans

5 Sets of Precise Grading Plans

4 Sets of Storm Drain Plans

2 Copies of Hydrology and Hydraulic Calculations with Backup Data (Signed and Sealed by a Registered Civil Engineer)

2 Copies of Engineering Cost Estimate (On City Forms) with Engineer’s Wet Signature and Stamp

3 Sets of Street Improvements Plans

3 Copies of Cross-Sections (if street plans are required) at 50’ intervals and extended a minimum of 100’ beyond limits of improvements

2 Sets of Sewer Plans

3 Sets of Domestic Water Plans

2 Sets of Recycled Water Plans

2 Sets of Street Light Plans including a Photometric Diagram

2 Copies of Voltage Drop Calculations (Signed and Sealed by a Registered Engineer)

2 Sets of Signing and Striping Plans

1 Sets of Traffic Signal Interconnect Plans

2 Sets of Traffic Signal Plans

1 Water Quality Management Plan

6.3.e
Packet Pg. 92
Attachment: Eng COA Block 3 - TTM 20446 PL21-0045 and PL21-0057 (PL21-0045 (MSA) and PL21-0057 (TTM 20446) - Block 3 The Preserve) 108

EXHIBIT C

PUBLIC IMPROVEMENTS

[Attached]

109
The Preserve - Block 3
Tract 16420-5
Project Title Ref # Description
Engineer's
Estimated Costs for
Applicable
component of DIF
Line Item
Notes
EW Chino-Corona Road TR-105 /
ST057 EW Chino-Corona Road - NS Chino - Corona/Legacy 848,107$ Portion of Chino-Corona Rd Imps between Main and Legacy Park St.

Legacy Park Street TR-102 /
ST079 Legacy Park - NS Chino - Corona/Hellman 638,806$ Streetscape along Legacy Park St.

East Preserve Loop ST071 E. Preserve Loop - Legacy/Main 764,840$ Portion of E. Preserve Loop Imps between Main and Legacy Park St.

Subtotal Streets: 2,251,753$
CCR e/o Main SD091 313,184$
CCR e/o Main SD092 234,685$
Subtotal Storm Drainage Collection: 547,869$
EW Chino-Corona Road -
Main/Legacy DW071 Potable Water-Chino Corona Rd. 255,199$ Portion of Potable Waterline within Chino Corona Road between Legacy St. and Main St.

E. Preserve Loop -
Legacy/Main DW075 Potable Water- East Preserve Loop 170,132$ Portion of Potable Waterline within E. Preserve Loop between Legacy St. and Main St.

Subtotal Water: 425,331$
EW Chino-Corona Road -
Main/Legacy
WT-124 /
RW082 Recycled Water- Chino Corona Rd. 187,473$ Portion of Recycled Waterline within Chino Corona Road between Legacy St. and Main St.

E. Preserve Loop -
Legacy/Main RW080 Recycled Water- East Preserve Loop 124,982$ Portion of Recycled Waterline within E. Preserve Loop between Legacy St. and Main St.

Subtotal Water: 312,455$
Chino Corona E/W (Main St.
to west)
SW-114 /
S14
Construction of sewer along Chino Corona Rd. near
Main St. 136,783$
Subtotal Sewer: 136,783$Per
imeter Trail PA-002 Perimeter Trail $ 715,998 Construction of perimeter trail near Legacy Park St. and Chino Corona Rd. E/W
Subtotal Misc. Residential Amenities: 715,998$
4,077,734$ESTIMATED TOTAL
Misc. Residential Amenities
Exhibit C - DIF Eligible Projects
DIF Category

STREETS
Bridges, Signals and Thoroughfares
Bridges, Signals and Thoroughfares
Bridges, Signals and Thoroughfares

STORM DRAIN
Potable Water Generation, Transmission and
Distribution Facilities
Water
Misc. Residential Amenities
Recycle Water
Recycled Water Generation, Transmission
and Distribution Facilities
Recycled Water Generation, Transmission
and Distribution Facilities
Storm Drainage Collection System
Storm Drainage Collection System
Potable Water Generation, Transmission and
Distribution Facilities
Sewer Collection System
Sewer Collection System
110

EXHIBIT D

DIF CREDIT ADDENDUM
[assignment of credit]

❖ Contract No.:
❖ Assignor:
❖ Project Name:
❖ DIF Credit and Reimbursement Summary:

Total Credit Amount Credits Applied Balance
DIF $ ($) $
Balance Credits Assigned Balance Forward
Assigned DIF $

Chino Preserve Development Corporation is hereby transferring DIF Credit in the amount of $<<>> to:
❖ Assignee:

❖ Credit Transfer Amount: $
❖ Remaining Credit: $

“Any transfer or assignment of credits or reimbursement rights acknowledged in this Addendum shall be made in accordance with City procedures, on a form approved by and acknowledged by the City. All parties to this Addendum agree that City will have no obligation to recognize or honor an assignment or transfer that does not comply with the terms of this Addendum.”

[SIGNATURES ON FOLLOWING PAGE]

111

“DEVELOPER”

CHINO DEVELOPMENT

CORPORATION,
a California corporation

By:

Name: Bryan T. Goodman
Its: Authorized Agent

CHINO PRESERVE

DEVELOPMENT

CORPORATION,
a California corporation

By:

Name: Bryan T. Goodman
Its: Authorized Agent

“CITY”

CITY OF CHINO,
a municipal corporation

By: Hye Jin Lee
Director of Public Works

“ASSIGNEE”

By: __________________________
Name, Title

112

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 16, 2024

TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS

SUBJECT
..titl e
Final Acceptance of Public Improvements for Tract Map No. 20165 (Block 4) area in The Preserve Specific Plan.
..end

RECOMMENDATION
1) Accept public improvements as complete for Tract Map No. 20165; 2) authorize release of the performance bond and initiate the warranty bond; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.
..body

FISCAL IMPACT
There are sufficient funds included in the City’s Operating Budget to support the ongoing maintenance activities related to the public improvements being accepted.

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

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. 113
CITY COUNCIL MEETING DATE: APRIL 16, 2024
TITLE: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT MAP NO. 20165 (BLOCK 4) AREA IN THE PRESERVE SPECIFIC PLAN.

PAGE: 2

BACKGROUND
On August 5, 2019, the Planning Commission approved Chino Preserve Development Corporation’s (a Lewis Management Corporation company, i.e. “Lewis”) application for Master Site Approval and Tentative Tract Map No. 20164 (an “A” level master plan and subdivision for conveyance purposes of a 54.78 adjusted gross acre project site for the development of 388 residential units in the Low Density Residential (LDR) land use designation. This project is generally located south of Market Street, west of Hellman Avenue, north of Legacy Park Street, and east of Discovery Park Avenue for what is known as the Block 4 area in The Preserve Specific Plan (Exhibit A).

Tract Map No. 20164 created nine numbered lots and twelve lettered lots for the entire Block 4 area. The numbered lots establish the parcels for the nine planning areas and six “B” level Tentative Tract Maps 20165, 20166, 20167, 20168, 20248, and 20249.

Century Communities of California LLC (Century) purchased Tract No. 20165 from Lewis, a “B” level subdivision of 12.61 acres containing 79 lots and 4 lettered lots for single- family detached in the low-density residential zone of The Preserve Specific Plan area (Exhibit B).

The Engineering Conditions of Approval for this tract required Century to design and construct certain improvements both public and private expanding on the existing backbone infrastructure including, but not limited to, potable water lines; street improvements; sewer improvements; storm drain improvements; and other infrastructure. The public improvements completed by Century necessitated the execution of a Subdivision Improvement Agreement and posting securities that the City Council approved on September 21, 2021 (Exhibit C). It should be noted that the costs associated with the design and construction of the required public improvements are completely offs et by the developer. There is no direct fiscal impact to the City.

ISSUES/ANALYSIS
The public improvements are complete and have been constructed to the satisfaction of the City Engineer. The public improvements that are being accepted by the City of Chino include streets, storm drain, sewer, and domestic water.

All public improvements that were part of the condition of the Project were fully funded by the developer.

Security for a one -year warranty period has been submitted to the City. Un der the warranty bond obligation, the developer will correct any defects found within one year of the City Council’s acceptance of the Project. Also, upon completion and final acceptance, the public improvements shall become the sole exclusive property of the City to operate and maintain. The following maintenance obligations will commence following acceptance of the public improvements:

Domestic Water: By the City
Storm Drain: By the City
Sewer: By the City
Public Street Sweeping: By the City
Public Streetlights: By the HOA
In-Tract Landscaping: By the HOA

114
CITY COUNCIL MEETING DATE: APRIL 16, 2024
TITLE: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT MAP NO. 20165 (BLOCK 4) AREA IN THE PRESERVE SPECIFIC PLAN.

PAGE: 3

Attachment: Exhibit A - Tract Map No. 20164 (“A” Level Map) Exhibit B - Tract Map No. 20165 (“B” Level Map)
Exhibit C - Fully Executed Subdivision Improvement Agreement & Bonds Exhibit D - Public Improvements Index Map

115
E
xhibit A

LOCATION MAP

T
ract Map No. 20164
Block 4
116

E
xhibit B
Tract Map No. 20165

LOCATION MAP

117
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120
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122
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124
125
126
127
128
129
130
131
132
133
134
135
136
137
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175
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BO
Asphalt INSTALLED PUBLIC STREETS (maintained by CITY)
IN-TRACT LANDSCAPE (maintained by HOA)
INSTALLED STORM DRAIN (maintained by CITY)
INSTALLED DOMESTIC WATER (maintained by CITY)
INSTALLED SEWER (maintained by CITY)
INSTALLED STREET LIGHTS (maintained by HOA)
177

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 16, 2024

TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS

SUBJECT
..titl e
Final Acceptance of Public Improvements for Tract Map Nos. 19951 & 19952. ..end

RECOMMENDATION
1) Accept public improvements as complete for Tract Map No. 19951 and 19952; 2) authorize release of the performance bond and initiate the warranty bond; and 3) authorize the City Manager to execute the necessary documents on behalf of the City. ..body

FISCAL IMPACT
There are sufficient funds included in the City’s Operating Budget to support the ongoing maintenance activities related to the public improvements being accepted.

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

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. 178
CITY COUNCIL MEETING DATE: APRIL 16, 2024
TITLE: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT MAP NOS. 19951 & 19952.

PAGE: 2

BACKGROUND
Tract Map Nos. 19951 and 19952, as presented by Lennar Homes of California, Inc. (“Lennar”), consist of 57 single -family detached residential dwelling units on approximately 6.5 acres and 93 single family detached residential dwelling units on approximately 14.29 acres (Exhibit A) generally located at the northwest corner of Bickmore and Alpine Meadows Avenues. These tracts were conditionally approved by the City of Chino Planning Commission on June 30, 2015.

The Engineering Conditions of Approval for this tract required Lennar to design and construct certain improvements both public and private including, but not limited to, potable water lines; street improvements; sewer improvements; and storm drain improvements. The public improvements completed by Lennar necessitated the execution of Subdivision Improvement Agreements and posting securities that the City Council approved on December 18, 2018 (Exhibit B and B -1). It should be noted that the costs associated with t he design and construction of the required public improvements are completely offset by the developer. There is no direct fiscal impact to the City.

Construction of the public improvements began in October 2018. The public improvements were completed by the end of July 2021. In August 2021 City staff issued a punch list describing all remaining items to be completed by Lennar before closing out the project. Lennar worked on completing punch list items for an extended time. In July 2023 Lennar reached out to have the remaining items from the punch list inspected. Final cap paving and striping were completed in January 2024. Once the punch list items were complete, staff began working with Lennar to address all remaining items for closeout, which included the submittal of documents such as as- built drawings, grading certificates, etc.

ISSUES/ANALYSIS
The public improvements completed have been constructed in compliance with the City’s standards/specifications, and accessibility requirements , and to the satisfaction of the City Engineer. The public improvements that are being accepted by the City of Chino include streets and domestic water.

All public improvements that were part of the condition of the Project were fully funded by the developer.

Security for a one -year warranty period has been submitted to the City. Under the warranty bond obligation, the developer will correct any defects found within one year of the City Council’s acceptance of the Project. Also, upon completion and final acceptance, the public improvements shall become the sole exclusive property of the City to operate and maintain. The following maintenance obligations will commence following acceptance of the public improvements:

Domestic Water: By the City
Public Street Sweeping: By the City
Public Streetlights: By the HOA
In-Tract Landscaping: By the HOA

Attachments: Exhibit A - Tract Map No. 19951 & 19952
Exhibit B - Fully Executed Subdivision Improvement Agreement & Bonds Tract Map No.19951
179
CITY COUNCIL MEETING DATE: APRIL 16, 2024
TITLE: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT MAP NOS. 19951 & 19952.

PAGE: 3

Exhibit B1 - Fully Executed Subdivision Improvement Agreement & Bonds Tract Map No. 19952
Exhibit C - Public Improvements Index Map

180
"A
"
Tr. 19951
Tr. 19951
Tract Map Nos. 19951 & 19952
Tr. 19951
Tr. 19951
181
c; 41: 101e1- 2 / 5
AfrroVecf: , i/' f' t r

SUBDIVISION IMPROVEMENT AGREEMENT
between

CITY OF CHINO
and
LENNAR HOMES OF CALIFORNIA, INC.
a California Corporation)
01225. 0006/ 369377. 1 Updated 11- 2017
182

SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN

THE CITY OF CHINO
AND
LENNAR HOMES OF CALIFORNIA, INC.
a California Corporation)
Agreement Date: December 18th, 2018
Subdivider Name: Lennar Homes of California. Inc., a California Corporation hereinafter" Subdivider)
Subdivision Description: Tract Map No. 19951 - 93- single family detached residential dwelling units on approximately 14. 29 acres located at the northwest corner of Bickmore and Alpine Meadows Avenues ( hereinafter" Subdivision")
Tentative Map No.: 19951 - Approval Date: June 30th, 2015 hereinafter" Approved Tentative Map")
Estimated Total Cost of Improvements: $ 438, 100. 00
Estimated Total Cost of Monumentation: $ 3, 808. 00 ( based upon the plans, including individual lots, subdivision boundary and public improvements) Security:

Bond No.:

Surety:
01225. 0006/ 369377. 1
183
Designees for the Service of Written Notice:

CITY: SUBDIVIDER:

Christopher L. Magdosku Lennar Homes of California, Inc., a California City Engineer Corporation
13220 Central Avenue Blaine Humbles, Assistant Project Manager Chino, CA 91710 blaine. humbles@lennar. com
909) 334- 3417 951) 817- 3582

CITY PROJECT INSPECTOR SURETY
Ronnie Hernandez
Permit& Inspection Supervisor
13220 Central Avenue
Chino, CA 91710
909) 334- 3433
01225. 0006/ 369377. 1
es (
hereinafter" Subdivision")TentativeMap No.: 19951 -ApprovalDate: June 30th, 2015 hereinafter" Approved
Tentative Map") EstimatedTotal Cost of Improvements: $438, 100. 00 EstimatedTotal Cost of Monumentation: $3, 808. 00 ( based upon the plans, includingindividual lots, subdivisionboundaryand public
improvements)Security:

Bond
No.: Surety: 01225. 0006/
184

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 01225. 0006/ 369377. 1
185
F J.

5. 2 Payment to City for Cost of Related Inspection and Engineering Services

5. 3 Payment of Development Impact Fees

6. Acceptance of Offers of Dedication 10

7. Warranty of Work 11

8. Default 11

8. 1 Default by Subdivider

8. 2 Remedies

8. 3 Notice of Violation

8. 4 Remedies Not Exclusive

8. 5 Attorney' s Fees and Costs

8. 6 Waiver

9. Indemnity/ Hold Harmless 12

10. Subdivider' s Indemnity of Project Approval 13

11. Insurance Requirements 14

12. Environmental Warranty 16

13. General Provisions 17

13. 1 Successors and Assigns

13. 2 No Third- Party Beneficiaries

13. 3 No Vesting Rights

13. 4 Subdivider is Not Agent of City

13. 5 Time of the Essence

13. 6 Notices

13. 7 No Apportionment

13. 8 Severability

13. 9 Captions

13. 10 Incorporation of Recitals

13. 11 Interpretation

13. 12 Entire Agreement; Waivers and Amendments

13. 13 Counterparts

14. Authority 18
01225. 0006/ 369377. 1
LicensedContractors3. 4
Workers' Compensation4.

Security7 4. 1
RequiredSecurity4. 2
Formof Security
Instruments4. 3 Subdivider'
s Liability4. 4 Letters of
Credit4. 5 Releaseof
SecurityInstruments5. Costof
Constructionand Provisionof InspectionService
10 5. 1 Subdivider Responsiblefor All Related Costs of
Construction01225.0006/ 369377. 1
186

SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT ( this " Agreement") is entered into this
18th
day of December, 2018, by and between the CITY OF CHINO, a municipal corporation, organized and existing in the County of San Bernardino, under and by virtue of the laws of the State of California, (" CITY"), and LENNAR HOMES OF CALIFORNIA, INC., a California Corporation ( Subdivider").

RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision map identified as Tentative Tract Map No. 19951, ( the " Map"), located in the City of Chino, County of San Bernardino, State of California ( the " Property"), as described on Exhibit " A". The Map requires Subdivider to comply with certain conditions of approval for the development of the Property ( the " Conditions") as described on Exhibit " B".

B. Pursuant to the Conditions, Subdivider, by the Map, has offered for dedication to City for public use of the streets and easements shown on the Map. City desires to accept the streets and easements shown on the Map for public use, and certain other improvements described in this Agreement.

C. Subdivider has delivered to City, and City has approved, plans and specifications and related documents for certain " Works of Improvement" ( as hereinafter defined) which are required to be constructed and installed in order to accommodate the development of the Property.

D. Subdivider' s agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving Tract Map No. 19951 for the Property and permitting development of the Property to proceed.

COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City' s approving the Map for the Property and permitting development of the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein.

1. Construction Obligations.

1. 1. Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install, or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer, street lighting, landscaping, utility, and other improvements more fully described in Exhibit " B" attached hereto ( the " Works of Improvement"), as the same may be supplemented and revised from time to time as set forth in this Agreement ( said plans and specifications, together with all related documents, the " Plans"). The estimated construction cost for the Works of Improvement is $ 438, 100. 00.
01225. 0006/ 369377. 1 1 of 19
187

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

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

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

1. 4. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments as shown on Tract Map No. 19951 in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Chino. Subdivider shall provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the monuments, Subdivider shall furnish the City Engineer written notice of the setting of said monuments and written proof of having paid the engineer or surveyor for the setting of said monuments.

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

1. 6. Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or its contractor in writing by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. The City and Subdivider may mutually agree upon changes to the Works of Improvement, subject to the security requirements in Section 4.

1. 7. Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective. 01225. 0006/ 369377. 1 2 of 19
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1. 8. No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents.

1. 9. Authority of the City Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and its contractor.

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

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

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

The inspection of the work by City shall not relieve Subdivider or its contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted.

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

Subdivider shall construct the improvements in accordance with the City standards in effect at the time of the adoption of the Approved Tentative Map. City reserves the right to protect the public safety or welfare or comply with applicable Federal or State law or City zoning ordinances.

1.13. Suspension of Work. The City Engineer shall have authority to order suspension of the work for failure of the Subdivider' s contractor to comply with law pursuant to Section 01225. 0006/ 369377. 1 3 of 19
e Work. Subdivider shall
cause its contractor to repair, reconstruct,replace, or otherwisemakeacceptableany workfoundby the City Engineer to be defective.01225.
189

1. 12. In case of suspension of work for any cause whatsoever, Subdivider and its contractor shall be responsible for all materials and shall store them properly if necessary, and shall provide suitable interim drainage and/or dust control measures, and erect temporary structures where necessary.

1. 14. Erosion and Dust Control and Environmental Mitigation. All grading, landscaping, and construction activities shall be performed in a manner to control erosion and prevent flooding problems. The City Engineer shall have the authority to require erosion plans to prescribe reasonable controls on the method, manner, and time of grading, landscaping, and construction activities to prevent nuisances to surrounding properties. Plans shall include without limitation temporary drainage and erosion control requirements, dust control procedures, restrictions on truck and other construction traffic routes, noise abatement procedures, storage of materials and equipment, removal of garbage, trash, and refuse, securing the job site to prevent injury, and similar matters.

1. 15. Final Acceptance of Works of Improvement. After Subdivider' s contractor has completed all of the Works of Improvement, Subdivider shall then request a final inspection of the work. If items are found by the City' s inspectors to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the Subdivider or its contractor of such items. After the Subdivider' s contractor has completed these items, the procedure shall then be the same as specified above for the Subdivider' s contractor' s initial request for final inspection. If items are found by City's inspectors to be incomplete or not in compliance after two ( 2) " final" inspections, the City may require the Subdivider or its contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. Subdivider shall be responsible for payment to City Engineer of re-inspection fees in the amount necessary to cover the City's costs for additional final inspections, as determined by the City Engineer.

No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by the City Engineer is made. The City Engineer shall make a certification of completion and acceptance on the Works of Improvement by recordation of a Notice of Acceptance on behalf of the City.

Final acceptance shall not constitute a waiver by the City Engineer of defective work subsequently discovered.

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

1.16. Vesting of Ownership. Upon recordation of the Notice of Acceptance, ownership of the Works of Improvement shall vest in the City.

1. 17. Subdivider' s Obligation to Warn Public During Construction. Until recordation of the Notice of Acceptance, Subdivider shall give good and adequate warning to the public of any dangerous condition of the Works of Improvements, and shall take reasonable actions to protect the public from such dangerous condition. Until recordation of the Notice of Acceptance, Subdivider shall provide forty- eight ( 48) hours' advance written notice to all 01225. 0006/ 369377. 1 4 of 19
1 3
of 19 e Work. Subdividershallcauseits contractorto repair, reconstruct,replace, or otherwise makeacceptable any work found by theCity Engineer
to be defective. 01225.
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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 Propertyor Public Utility. Until recordation of the Noticeof Acceptanceof the Works of Improvement, Subdividerassumesresponsibility for the care and maintenance of, and any damage to, the Works of Improvements. Subdivider shall replace or repair all Works of Improvements, public property, public utility facilities, and surveying or subdivision monuments and benchmarks which are destroyed or damaged for any reason, regardless whether resulting from the acts of the Subdivider, prior to the recordation of the Notice of Acceptance. Subdivider shall bear the entire cost of such replacement or repairs regardless of what entity owns the underlying property. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.

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

2. Time for Performance.

2. 1. Commencement and Completion Dates. Subject to Sections 2. 2 and 2. 3 below, Subdivider shall ( i) commence with construction and installation of the Works of Improvement thirty ( 30) days following City's approval of the Plans (" Commencement Date"); and ( ii) complete or cause to be completed all of the Works of Improvement within two ( 2) years after the Commencement Date. In the event good cause exists as determined by the City Engineer, the time for commencement of construction or completion of the Works of Improvement hereunder may be extended by up to three ( 3) additional one year periods. Extensions shall be executed in writing by the City Engineer. The City Engineer in his or her sole discretion determines whether or not the Subdivider has established good cause for an extension. As a condition of such extension, the City Engineer may require Subdivider to furnish new security guaranteeing performance of this Agreement, as extended, in an increased amount to compensate for any increase in construction costs as determined by the City Engineer. If Subdivider requests and is granted an extension of time for completion of the improvements, City may apply the standards in effect at the time of the extension.

2. 2. Phasing Requirements. Notwithstanding the provisions of Section 2. 1, the City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies the City may have for Subdivider' s failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Subdivider acknowledges City' s right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to the City Engineer' s satisfaction.
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2. 3. Force Majeure. Notwithstanding the provisions of Section 2.1, Subdivider' s time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, acts or failures to act of a public agency ( including City), required changes to the scope of work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five ( 5) days prior to City's receipt of a written notice from Subdivider or its contractor detailing the grounds for Subdivider' s claim to a right to extend its time for performance hereunder. The City Engineer shall evaluate all claims to Force Majeure and the City Engineer' s decision shall be final.

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

2. 5. Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider' s failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Section 66499. 11 through Section 66499. 20. 1. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two ( 2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuant to Government Code Section 66499. 16, Subdivider hereby consents to such reversion to acreage and agrees that any improvements made by or on behalf of Subdivider shall not be considered in determining City' s authority to revert the Property to acreage.

3. Labor.

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

3. 2. Nondiscrimination. In accordance with the California Fair Employment and Housing Act (" FEHA"), California Government Code Section 12940 et seq., Subdivider agrees that Subdivider, its agents, employees, contractors, and subcontractor performing any of the Works of Improvement shall not discriminate, in any way, against any person on the basis of race, ethnicity, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of this Agreement. 01225. 0006/ 369377. 1 6 of 19
have not
been completedto the City Engineer' s satisfaction.01225. 0006/ 369377.1 5 of 19 192

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

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

4. Security.

4. 1. Required Security.
a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit ( assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below ( hereinafter " Security Instruments"):
i) A Security Instrument securing Subdivider's faithful performance of all of the Works of Improvement (" Faithful Performance Security Instrument"), in the amount of $ 438, 100. 00 equal to 100% of the estimated construction cost referenced in Section 1. 1. ii) A Security Instrument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/ or equipment (" Labor and Materials Security Instrument") with respect to the Works of Improvement in an amount equal to 219, 000. 00 equal to 50% of the estimated construction cost referenced in Section 1. 1.
iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of 3, 808. 00 equal to 100% of the cost thereof.

This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. b) Required Security Instrument for Maintenance and Warranty. Prior to the City Council' s acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall deliver a Security Instrument warranting the work accepted for a period of one ( 1) year following said acceptance Maintenance and Warranty Security Instrument"), in the amount of $ 43, 800. 00 01225. 0006/ 369377. 1 7 of 19
ousing Act ("FEHA"), California GovernmentCode
Section 12940et seq., Subdivideragrees that Subdivider, its agents, employees, contractors, and subcontractorperformingany
of the Works of Improvement shall not discriminate, in any way, against any person on the basis of race, ethnicity, religiouscreed, color, nationalorigin, ancestry, physical disability, mental disability, medical condition, geneticinformation, marital status, sex, gender, genderidentity,gender expression, age, sexualorientation, or military andveteranstatus. Subdivider shall expressly require compliance with the provisions of this Section in all agreementswith contractorsand subcontractorsfor the performanceof this Agreement. 01225. 0006/ 369377. 1 6 of 19 have not been completed to the City Engineer's satisfaction. 01225.0006/369377. 1 5 of 19 193
equal to 10% of the estimated construction cost set forth in Section 1. 1 or a suitable amount determined by the City Engineer.

4. 2. Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4. 1 ( a) or 4. 1( b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney:
a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A- IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody' s or Standard & Poor' s.
b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty ( 30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4. 4.
c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider's interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. d) General Requirements for all Security Instruments. i) Payments under any Security Instruments shall be required to be made ( and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Chino, State of California and the Security Instrument shall so provide).
ii) Each Security Instrument shall have a minimum term of one ( 1) year after the deadline for Subdivider' s completing the Works of Improvement, in accordance with Section 2. 1 ( other than Instruments of Credit, which shall have no defined term or expiration date).
iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. 01225. 0006/ 369377. 1 8 of 19
er agrees that Subdivider, its agents, employees,
contractors, and subcontractorperformingany of the Works of Improvementshallnot discriminate, in any way, againstany personon the basis of race, ethnicity, religiouscreed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Subdividershall expresslyrequire compliancewith the provisions of this Sectionin all agreementswith contractorsandsubcontractorsfor the performance of this Agreement.01225.0006/ 369377.1 6
of 19 have not beencompletedto
the City
Engineer's satisfaction. 01225.0006/369377. 1 5 of 19
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viimmigiow
iv) If the Subdivider seeks to replace any security with another security, the replacement shall: ( 1) comply with all the requirements for security in this Agreement; ( 2) be provided by the Subdivider to the City Engineer; and (3) upon its written acceptanceby the City Engineer, be deemed a part of this Agreement. Upon the City Engineer' s acceptance of a replacement security, the former security may be released by the City.

4. 3. Subdivider' s Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to preventCityfrom such realizationof anySecurityInstrument. Notwithstandingthe givingof any Security Instrumentor the subsequentexpirationof any Security Instrumentor any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvementsrequired to be constructedor installed hereby and shall, within ten ( 10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4.

4. 4. Letters of Credit.
a) In the event a letter of credit is given pursuant to Section 4. 2( b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit expiring in not less than one ( 1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty ( 30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein, and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account.

4. 5. Release of Security Instruments. The City shall release all Security Instruments consistent with Government Code Sections 66499. 7 and 66499. 8, Section 19. 09. 010 of the Chino Municipal Code, and as follows:
a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred:
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identity,
gender expression, age, sexualorientation, or militaryand veteran status. Subdividershall expressly requirecompliancewith the provisions
of this Section in all agreementswith contractorsand subcontractorsfor the performanceof this Agreement.
01225. 0006/ 369377. 1 6 of 19have not beencompletedto
195
i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4. 5; ii) the Works of Improvement have been accepted;
iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and
iv) after passage of the time within which lien claims are required to be made pursuant to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law.
b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider' s written request upon the expiration of the warranty period, and settlement of any claims filed during the warranty period. c) The City may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney' s fees.

5. Cost of Construction and Provision of Inspection Service.

5. 1. Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the Works of Improvement.

5. 2. Payment to City for Cost of Related Inspection and Engineering Services.

Subdivider shall compensate City for all of City' s costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed- upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections.

5. 3. Payment of Development Impact Fees. Subdivider shall pay Development Impact Fees pursuant to and in accordance with Chino Municipal Code Chapters 3. 40 and 3. 45.

6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of 01225. 0006/ 369377. 1 10 of 19
interestin such account.4. 5. Releaseof SecurityInstruments.

The City shall releaseall SecurityInstrumentsconsistentwith GovernmentCode Sections 66499. 7 and 66499.8, Section19. 09. 010 of the ChinoMunicipalCode, and as follows:a) City
shallreleasethe FaithfulPerformanceSecurity Instrumentand Laborand MaterialsSecurity Instrument when all of the following have occurred:01225.0006/ 369377.1 9 of 19 identity,gender expression, age, sexual orientation, or military
and veteranstatus. Subdividershallexpresslyrequire compliancewith the provisions of this Section in all agreementswithcontractorsand subcontractorsfor the performanceof this Agreement.01225.0006/
369377.
1 6 of 19 have not beencompletedto
the City Engineer' s satisfaction.01225.0006/
369377. 1
5 of 19
196
Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication.

7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one ( 1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one 1) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen ( 15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/ or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law.

8. Default.

8. 1. Default by Subdivider. Default by Subdivider shall include, but not be limited to:
a) Subdivider' s failure to timely commence construction of Works of Improvement under this Agreement;
b) Subdivider' s failure to timely complete construction of the Works of Improvement;
c) Subdivider' s failure to perform substantial construction work for a period for 20 consecutive calendar days after commencement of the work; d) Subdivider' s insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Subdivider fails to discharge within 30 days;
e) The commencement of a foreclosure action against the subdivision or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or f) Subdivider' s failure to perform any other obligation under this Agreement.

8. 2. Remedies. The City reserves all remedies available to it at law or in equity for a default or breach of Subdivider' s obligations under this Agreement. The City shall have the right, subject to this Section, to draw upon or use the appropriate security to mitigate the City' s damages in the event of default by Subdivider. The City' s right to draw upon or use the security is in addition to any other remedy available to City. The parties acknowledge that the estimated costs and security amounts may not reflect the actual cost of construction of the improvements and, therefore, City' s damages for Subdivider' s default shall be measured by the cost of completing the required improvements. The City may use the sums provided by the securities for the completion of the Works of Improvement in accordance with the plans. In the 01225. 0006/ 369377. 1 11 of 19
MunicipalCode, andas
follows: a) City shall releasethe
Faithful PerformanceSecurityInstrumentand Labor and MaterialsSecurity Instrumentwhen all of the following have occurred:01225.0006/369377. 1 9 of 19 identity, gender expression, age, sexual
orientation,
or militaryand veteranstatus. Subdivider shallexpresslyrequire compliancewith the provisions of this Section
in all
agreementswith contractors andsubcontractorsfor the performanceof this Agreement.01225.0006/ 369377. 1 6 of 19 have not beencompletedtothe City Engineer's satisfaction. 197
event the Subdivider fails to cure any default under this Agreement within 20 days after the City mails a notice of such default to the Subdividerand the Subdivider's surety, Subdivider authorizes the City to perform the obligation for which Subdivider is in default and agrees to pay the entire cost of such performance by the City. The City may take over the work and complete the Works of Improvement, by contract or by any other method City deems appropriate, at the expenseof the Subdivider. In such event, City, without liabilityfor doing so, may complete the Works of Improvement using any of Subdivider' s materials, appliances, plans and other property that are at the work site and that are necessary to complete the Works of Improvement.

8. 3. Notice of Violation. The Subdivider's failure to comply with the terms of this Agreement constitutes Subdivider' s consent for the City to file a notice of violation against all the lots in the Subdivision, or to rescind or otherwise revert the Subdivision to acreage.

Subdivider specifically recognizes that the determination of whether a reversion to acreage or rescission of the Subdivision constitutes an adequate remedy for default by the Subdivider shall be within the sole discretion of the City.

8. 4. Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, the Subdivider agrees that the choice of remedy or remedies for Subdivider' s breach shall be in the discretion of the City. Additionally, any remedy specifically provided in this Agreement shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled.

8. 5. Attorney' s Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney' s fees. In the event of any dispute arising out of Subdivider' s performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney' s fees and costs. Such attorney' s fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney' s fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment.

8. 6. Waiver. No waiver by the City of any breach or default by the Subdivider shall be considered valid unless in writing, and no such waiver by the City shall be deemed a waiver of any subsequent breach or default by the Subdivider.

9. Indemnity/ Hold Harmless. City or any officer, employee or agent thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents, employees, contractors and subcontractors in the performance of this Agreement. Subdivider further agrees to protect, defend, indemnify and hold harmless City, its officials, boards and commissions, and members thereof, agents, and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions of Subdivider, its agents, employees, contractors and subcontractors 01225. 0006/ 369377. 1 12 of 19
198
in the performance of this Agreement, except for such claims, demands, causes of action, liability or loss arising out of the sole active negligence of the City, its officials, boards, commissions, the members thereof, agents and employees, including all claims, demands, causes of action, liability or loss because of or arising out of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said Subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design and construction of public drainage systems, streets and other improvements.

Recordation of the Notice of Acceptance by the City of the Works of Improvements shall not constitute an assumption by the City of any responsibility for any damage or taking covered by this Section. City shall not be responsible for the design or construction of the property to be dedicated or the improvements pursuant to the approved improvement plans or map, regardless of any negligent action or inaction taken by the City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Subdivider submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design.

After recordation of the Notice of Acceptance, the Subdivider shall remain obligated to eliminate any latent defect in design or dangerous condition caused by the design or construction defect; however, Subdivider shall not be responsible for routine maintenance. The provisions of this paragraph shall remain in full force and effect for ten ( 10) years following the recordation of the Notice of Acceptance by the City of the Works of Improvements. It is the intent of this section that Subdivider shall be responsible for all liability for design and construction of the improvements installed or work done pursuant to this Agreement and that City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving or reviewing any work or construction. The improvement security shall not be required to cover the provisions of this Paragraph.

Subdivider shall reimburse the City for all costs and expenses, including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs, incurred by City in enforcing this Section.

10. Subdivider' s Indemnity of Project Approval. Subdivider shall defend, indemnify, and hold harmless the City and its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning the Subdivision. The City shall promptly notify the Subdivider of any claim, action, or proceeding and cooperate fully in the defense of any such claim, action, or proceeding. In the event City fails to promptly notify the Subdivider of any claim, action, or proceeding, or if the City fails to cooperate in the defense, the Subdivider shall not thereafter be responsible to defend, indemnify, or hold harmless the City. Nothing in this Section prohibits the City from participating in the defense of any claim, action, or proceeding if City bears its own attorney' s fees and costs and defends the action in good faith. Subdivider shall not be required to pay or perform any settlement unless the settlement is approved by the Subdivider. 01225. 0006/ 369377. 1 13 of 19
199

11. Insurance Requirements. Subdivider, at Subdivider' s sole cost and expense and for the full term of this Agreement and any extensions thereto, shall obtain and maintain all of the following minimum insurance requirements in a form approved by the City's authorized designee for Risk Management prior to commencing any work:
a) Commercial General Liability policy with a minimum $ 1 million combined single limit for bodily injury and property damage providing all of the following minimum coverage without deductibles:
i) Premises operations; including X, C, and U coverage; ii) Owners' and contractors' protection;
iii) Blanket contractual;
iv) Completed operations; and
v) Products.
b) Commercial Business Auto policy with a minimum $ 1 million combined single limit for bodily injury and property damage, providing all of the following minimum coverage without deductibles:
i) Coverage shall apply to any and all leased, owned, hired, or non- owned vehicles used in pursuit of any of the activities associated with this Agreement; and
ii) Any and all mobile equipment including cranes which are not covered under the above Commercial Business Auto policy shall have said coverage provided under the Commercial General Liability policy.
c) Workers Compensation and Employers' Liability policy in accordance with the laws of the State of California and providing coverage for any and all employees of the Subdivider:
i) This policy shall provide coverage for Workers' Compensation Coverage A); and
i) This policy shall provide coverage for $ 1, 000, 000 Employers' Liability ( Coverage B).
ii) Pursuant to Labor Code section 1861, Subdivider by executing this Agreement certifies: " I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract."
01225. 0006/ 369377. 1 14 of 19
notbe liable for any negligence, nonfeasance, misfeasance or malfeasancein approvingor reviewing any workor construction. Theimprovementsecurityshall not be requiredto cover the provisionsof this Paragraph. Subdividershall reimburse the City for all costs and expenses, includingbut not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs, incurredby City in enforcingthis Section.10. Subdivider's Indemnity of ProjectApproval. Subdividershalldefend, indemnify, and hold harmless the Cityandits agents, officers, and employees fromany claim, action, or proceedingagainst the City or its agents, officers, or employeesto attack,
set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislativebody concerningthe Subdivision. The City shall promptlynotify the Subdivider of any claim, action, or proceedingand cooperate fullyin the defense of any such claim, action, or proceeding. In the event City fails to promptlynotifythe Subdividerof any claim, action, or proceeding, or if the City fails to cooperate in the defense, the Subdivider shall notthereafterbe responsibleto defend, indemnify, or holdharmless theCity.

Nothingin this Sectionprohibits the City from participatingin the defense of any claim, action, or proceedingif Citybears its own attorney' s fees and costsand defendsthe action in good faith. Subdividershall not be required to pay or perform any settlementunless the settlementis approved by the Subdivider.01225. 0006/369377. 1 13 of 19 200
iii) Prior to commencement of work, the Subdivider shall file with the City's Risk Manager a Certificate of Insurance or certification of permission to self-insure workers' compensation conforming to the requirements of the Labor Code.
d) Endorsements. All of the following endorsements are required to be made a part of each of the above- required policies as stipulated below:
i) " The City of Chino, its officers, employees and agents are hereby added as additional insureds."
ii) " This policy shall be considered primary insurance with respect to any other valid and collectible insurance the City may possess, including any self- insured retention the City may have and any other insurance the City does possess shall be considered excess insurance only."
iii) " This insurance shall act for each insured and additional insured as though a separate policy has been written for each. This, however, will not act to increase the limit of the insuring company." iv) " Thirty ( 30) days prior written notice of cancellation shall be given to the City of Chino in the event of cancellation and/ or reduction in coverage, except that ten ( 10) days prior written notice shall apply in the event of cancellation for non- payment of premium." Such notice shall be sent to the Risk Manager at the address indicated in Subsection f below.
v) Subsection d( iv) hereinabove " Cancellation Notice" is the only endorsement required of the Workers' Compensation and Employers' Liability policy.
e) Admitted Insurers. All insurance companies providing insurance to the Subdivider under this Agreement shall be admitted to transact the business of insurance by the California Insurance Commissioner.
f) Proof of Coverage. Copies of all required endorsements shall be attached to the Certificate of Insurance which shall be provided by the Subdivider' s insurance company as evidence of the coverage required herein and shall be mailed to:

City of Chino
Risk Management
13220 Central Avenue
Chino, CA 91710
01225. 0006/ 369377. 1 15 of 19
rk of
this contract."01225.0006/ 369377.1 14 of 19 not be liable for any negligence, nonfeasance, misfeasanceor malfeasance in approvingor reviewingany workor construction. The improvement securityshall not be required to cover the provisions of this Paragraph. Subdivider shall reimbursethe City for all costs and expenses, including but not limited to feesand chargesof architects, engineers, attorneys,
and other professionals, andcourtcosts, incurredby City in enforcing this Section.10.

Subdivider's Indemnityof ProjectApproval. Subdivider shall defend, indemnify, and hold harmless the City andits agents, officers, and employees
from any claim, action, or proceedingagainst the City or its agents, officers, or employeesto attack, set aside, void, or annul, an approvalof the City, advisory agency, appealboard, or legislativebody concerningthe Subdivision. TheCity shallpromptlynotify the Subdividerof any claim, action, or proceedingand cooperatefully in the defenseof any such claim, action, or proceeding. In the event City fails to promptly notify the Subdividerof any claim, action, or proceeding, or if the City failsto cooperatein the defense, the Subdividershall not thereafterbe responsibleto defend, indemnify, or hold harmlesstheCity.

Nothingin thisSection prohibitsthe City fromparticipating in the defense of any claim, action, or proceedingif City bearsits own attorney's fees and costsand defends the actionin good faith. Subdividershall not be required topay or performany settlementunless the settlementis approvedby the Subdivider.01225.0006/ 369377.1 13 of 19 201

12. Environmental Warranty.

12. 1. Prior to the acceptance of any dedications or Works of Improvement by City, Subdividershall provide City with a written warranty in a form substantiallysimilar to Exhibit C" attached hereto and incorporated herein by reference, that:
a) Neither the property to be dedicated nor Subdivider are in violation of any environmental law, and neither the property to be dedicated nor the Subdivider are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated. b) Neither Subdivider nor any other person with Subdivider' s permission to be upon the property to be dedicated shall use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this Agreement, the term " Hazardous Substances" shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as " Toxic Materials" in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies. c) Subdivider has not caused or permitted the release of, and has no knowledge of the release or presence of, any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. d) Subdivider' s prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated.

12.2. Subdivider shall give prompt written notice to City of:
a) Any proceeding or investigation by any federal, state or local governmental b) authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. c) Any claims made or threatened by any third party against City or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and
d) Subdivider' s discovery of any occurrence or condition on any property adjoining or in the vicinity of the property to be dedicated that could cause the 01225. 0006/ 369377. 1 16 of 19
the Subdivision. TheCity shall promptly notify the Subdividerof any claim, action, or proceeding and cooperatefully in the defenseof any such claim, action, or proceeding. In the eventCityfails to promptlynotifythe Subdividerof anyclaim, action, or proceeding, or if theCity fails to cooperate in the defense, the Subdividershall notthereafterbe responsibleto defend, indemnify, or hold harmless the City. Nothingin this Sectionprohibits the City from participatingin the defenseof any claim, action, or proceedingif City bears its ownattorney's feesand costs and defendsthe actionin good faith. Subdividershall not be requiredto pay or performany settlementunlessthe settlement is approvedby the Subdivider.01225.0006/ 369377. 1 13 of 19
202
property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental law.

13. General Provisions.

13. 1. Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof. Subdivider hereby consents to City recording this Agreement as official records of San Bernardino County, affecting fee title interest to the Property to provide constructive notice of the rights and obligations incurred by Subdivider in the City' s approval of this Agreement. In the event the Property is subsequently conveyed by Subdivider to a third party prior to completion of the Works of Improvement, whereby the third party is intended to assume Subdivider' s responsibilities with regard to this Agreement, ( the " Replacement Subdivider"), the rights and obligations of this Agreement shall transfer to the Replacement Subdivider; however, the Security Instruments required pursuant to Section 4 of this Agreement, and furnished by Subdivider as a condition of the City' s approval of this Agreement, shall remain Subdivider' s responsibility to maintain until such time as Subdivider and its Replacement Subdivider enter into a Transfer and Assignment of Subdivision Agreement, ( the " Transfer Agreement"), to acknowledge the transfer of fee title to the Property from the Subdivider to its Replacement Subdivider, and to acknowledge the rights and obligations associated with this Agreement upon the Replacement Subdivider, including Replacement Subdivider' s responsibility to furnish replacement Security Instruments meeting the City's approval pursuant to Section 4 of this Agreement. Until such time as a Transfer Agreement, meeting the City's approval, is executed by Subdivider and its Replacement Subdivider, and replacement Security Instruments meeting City's approval are furnished by the Replacement Subdivider, Subdivider retains sole responsibility for maintaining all Security Instruments required pursuant to Section 4 of this Agreement.

13. 2. No Third- Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any third- party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity.

13.3. No Vesting Rights. Performance by the Subdivider of this Agreement shall not be construed to vest Subdivider' s rights with respect to any change in any zoning or building law or ordinance.

13. 4. Subdivider is Not Agent of City. Neither Subdivider nor Subdivider' s agents, contractors, or subcontractors are agents or contractors of the City in connection with the performance of Subdivider' s obligations under this Agreement.

13. 5. Time of the Essence. Time is of the essence of Subdivider' s performance of all of its obligations under this Agreement.

13. 6. Notices. Unless otherwise specified in this Agreement, all notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date is delivered in person, or, if mailed, on the date of deposit in the United States Mail. 01225. 0006/ 369377. 1 17 of 19
o defend, indemnify, or hold
harmless the City. Nothingin this Sectionprohibits theCity from participatingin the defense of anyclaim, action, or proceedingif City bearsits ownattorney's feesand costs and defendsthe action in good faith. Subdividershallnot be required to pay or perform anysettlementunless the settlementis approvedby the Subdivider.01225. 0006/369377.1 13 of 19
203
Notice shall be provided to the persons listed on Pages 1 and 2 of this Agreement by the parties for this purpose.

Either party may provide a new designated representativeand/or address by written notice as provided in this Section.

13.7. No Apportionment. Nothing contained in this Agreement shall preclude City from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with other subdividers for the apportionment of costs of water and sewer mains, or other improvements pursuant to the provisions of the City ordinances providing therefore. Nor shall anything in the Agreement commit City to any such apportionment.

13. 8. Severability. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.

13.9. Captions. The captionsof this Agreementare for convenienceand referenceonly and shall not be used in the interpretation of any provision of this Agreement.

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

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

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

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

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

SIGNATURES ON NEXT PAGE]
01225. 0006/ 369377. 1 18 of 19
construedto vest Subdivider's rightswith
respect to any changein anyzoning or buildinglaw or ordinance. 13. 4.

Subdivider is Not Agentof City. NeitherSubdivider
nor Subdivider's agents,contractors, or subcontractorsareagentsor contractors of the Cityin connectionwiththe performanceof Subdivider's obligations
underthis Agreement. 13. 5. Time of the Essence. Timeis of the essence of Subdivider's performance of all of its obligationsunder thisAgreement.13.6. Notices. Unless otherwise specified in this Agreement, all noticesrequiredor provided for underthis Agreementshall be in writing anddelivered in personor sent by mail, postageprepaid andaddressedas provided in this Section. Notice shall be effectiveon
the date is delivered in
person, or, if mailed, on the date of depositin the United StatesMail. 01225. 0006/ 369377.1 17 of 19 o defend, indemnify, or holdharmlessthe City. Nothingin this Sectionprohibitsthe City from participatingin thedefenseof any claim, action, or proceedingif City bears its own attorney' s feesand costsand defendsthe action
in good faith. Subdivider shallnot be
requiredto pay or perform any settlement unless the settlementis approved by the Subdivider. 01225.0006/ 369377.
204
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:

OPP-
Yr{
Fred t : lante, City Attorney Nichola ' S. Liguori, AICP Director of Development Services
LENNAR HOMES OF CALIFORNIA, INC.
a California Corporation)
Weg
Signature and Date)
Name: 14fi' 2 ,' 5,,.,•(
Please tye or print name)
Title: Via t , 6-, vr
Please type or print title)

CITY OF CHINO
Matt e ne, City Manager
Dated: 3.1h
ATTEST:

By
ng Robles, City Clerk
Dated: t' 7 If'
01225. 0006/ 369377. 1 19 of 19
ond No.:

Surety:01225.0006/ 369377.1
205
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT TIL CODE § 1189
Anotarypublicorotherofficercompletingthiscertificateverifiesonlytheidentityoftheindividualwhosignedthedocument to whichthiscertificateisattached,andnotthetruthfulness,accuracy,orvalidityofthatdocument.

State of California
sick
1 County of j/nlnil, J}
On GICPrn t1 2D1U before me, JOte 1\\rarti LC1
Date ( Her Insert Name and Title of the Officer personally appeared
61tOc1L1/
All
Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the personwhose name
is/ subscribed
to the within instrumentand acknowledged to e that he/ s / thexecuted the same in his/ r/ tr authorized capacity' s), and that b his/ / tiy r signature( on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the
lawsof the Stateof Californiathat the foregoing

JODIEATHA
paragraph is true and correct.

NotaryPublic- California
Riverside County
Commission 2230896 - WITNESS my hand and official seal.Iv! My Comm. ExpiresFeb 11,2022
Signature
I
Cb1110
Place Notary Seal and/ or Stamp Above nature of Notary Public

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document:

Document Date: Number ofPages:

Signer( s) Other Than Named Above:

Capacity( ies) Claimed by Signer( s)
Signer' s Name: Signer' s Name:

Corporate Officer— Title( s): 0 Corporate Officer. Title( s):

O Partner— Limited 0 General 0 Partner-- Limited.- General _.

V
O Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact V
Trustee Guardian of Conservator. 0 Trustee 0 Guardian of Conservator O Other: 0 Other:

V
Signer is Representing: Signer is Representing:
2017 National Notary Association
izedto executeand deliverthis Agreement on
behalfof said party, ( iii) by so executingthis
Agreement, such partyis formally boundto the provisionsof this Agreement, and ( iv) the enteringintoof this Agreementdoes notviolateany provisionsof anyother agreementto which said party is bound.SIGNATURESON NEXTPAGE]01225.0006/ 369377.1 18 of 19construed to vestSubdivider's rightswith respect to anychangein any zoningor building law or ordinance.13. 4. Subdivideris Not Agent of City. NeitherSubdividernorSubdivider' s agents,contractors, or
subcontractorsare agents or contractorsof the
City in connection with the performanceof
Subdivider' s obligations underthis Agreement.13. 5. Timeof theEssence. Time is of the essence of Subdivider' s performanceof
all of its obligationsunderthis Agreement.13.6. Notices. Unless otherwisespecified in this Agreement, all notices requiredor providedfor under
this Agreementshall be in writing anddeliveredin personor sent by mail, postageprepaidand addressed as providedin this Section. Notice shallbe effectiveon the date is delivered in person, or, if mailed, on the date of depositin the United States Mail.01225. 0006/369377. 1 17 of 19 o defend, indemnify, or holdharmlessthe City. Nothing in this Section prohibits the City from
participatingin the defense of
any claim, action, or proceedingif City bears its own attorney' s fees and costs and defendsthe action in goodfaith. Subdividershallnot berequiredto payor perform any settlementunlessthe settlementis approvedby theSubdivider.01225.0006/ 369377.1 13 of 19 206
EXHIBIT " A"
TRACT MAP 19951 LEGAL DESCRIPTION
Legal description is pending the final recordation of Tract Map No. 19951 with the San Bernardino County Recorder' s Office.
01225. 0006/ 369377. 1 A- 1
Fred t : lante, City Attorney Nichola 'S. Liguori,
AICP Directorof Development
Services LENNAR HOMESOF CALIFORNIA,
INC.a California
Corporation)
Weg Signatureand
Date) Name: 14fi' 2 ,'
5,,.,•( Pleasetye or print
name) Title: Via t , 6-,
vr Pleasetypeor print
title) CITYOF
CHINO Matt e ne, City
Manager Dated: 3.
1h
ATTEST:

By ng Robles, City
Clerk Dated: t' 7
If' 01225. 0006/ 369377. 1 19 of
19 ond
No.:Surety:01225. 0006/369377.1
207
EXHIBIT " B"
TRACT MAP 19951 WORKS OF IMPROVEMENT
A. Removal of undesirable, dangerous and dead plant materials and roots.

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

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

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

The Subdivider shall also perform all work and furnish all materials necessary, in the opinion of the Assistant City Manager/ Director of Public Works or his designee and on his order, to complete the improvements in accordance with the plans and specifications on file as hereinbefore specified, or any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work. 01225. 0006/ 369377. 1 B- 1ERJURY
underthe laws of
theState of
Californiathat the foregoing
JODIEATHAparagraphis true
and correct. NotaryPublic-
CaliforniaRiversideCounty Commission
2230896 - WITNESSmy handand official
seal.Iv! My Comm.Expires
Feb11, 2022 SignatureI
Cb1110Place Notary Sealand/ or
StampAbove natureof Notary Public OPTIONALCompleting this information candeter alteration of the documentor fraudulentreattachmentof this form to an
208
EXHIBIT " C"
TRACT NO. 19951

LENNAR HOMES OF CALIFORNIA
a California Corporation)

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

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

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

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

4. Subdivider' s prior and present use of the property to be dedicated has not resulted in the release of any Hazardous Substance on the property to be dedicated.

5. All persons executing this warranty hereby represent and warrant to the City of Chino, and Subdivider hereby represents and warrants, that the signators hereto have the legal power, right and authority to execute this warranty on behalf of the Subdivider and that the signators hereto have sufficient knowledge or expertise, either personally, through reasonable inspection and investigation of the property, or through reasonable reliance upon the investigation and professional opinion of Subdivider' s environmental 01225. 0006/ 369377. 1 C- 1

13. 4. Subdivider
is NotAgent of City. Neither Subdividernor
Subdivider's agents, contractors, or subcontractorsare agentsor contractorsof the City in connection withthe performance of Subdivider' s obligationsunder
this Agreement.13. 5. Time of the Essence. Time is of the essence of Subdivider's performanceof all of its obligationsunderthis Agreement.13. 6. Notices. Unlessotherwise specified in this Agreement, all notices requiredor provided for under this Agreement shallbe in writingand deliveredin personor sent by mail, postageprepaidand addressedas provided in this Section. Notice shall be effectiveon the
dateis deliveredin person,
or, if mailed, on the dateof deposit in the United States Mail.01225.0006/ 369377. 1 17 of 19 o defend, indemnify, or hold harmlessthe City. Nothingin this Section prohibitsthe City from participatingin the defenseof any claim, action, or proceedingif Citybearsits own attorney's fees and costs anddefends theactionin
good faith. Subdivider shall not be required
to payor performany settlementunless the settlement is approved by the Subdivider. 01225. 0006/369377.1
209
experts, to make the representations herein, and that no consent of any other party is required to execute this warranty and make the representations herein on behalf of the Subdivider to the City of Chino.

Each of the undersigned persons declares under penalty of perjury that the foregoing is true and correct.

Dated: / / // c
SUBDIVIDER*
By:

LENNAR HOMES OF CALIFORNIA
a California Corporation)
Proof of authorization for Subdivider' s signatures is required to be submitted concurrently with this environmental warranty.
01225. 0006/ 369377. 1 C- 2
Pleasetype or print title) CITY OFCHINO Matt e ne,
City ManagerDated: 3. 1h ATTEST: By ng Robles, City ClerkDated: t' 7 If' 01225.0006/ 369377.1 19 of 19 ond No.: Surety:01225. 0006/ 369377. 1 210
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CML CODE § 1189
Anotarypublicorotherofficercompletingthiscertificateverifiesonlytheidentityoftheindividualwhosignedthedocument to whichthiscertificateisattached,andnotthetruthfulness,accuracy,orvalidityofthatdocument.

State of California '
II'/n/
Count of YJV' 61L
On ! 4, OV before me, JOCII oriv,
Date fHere l sert Name and Title df the Officer
personally appeared d () 1) til
l\ ame( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the erson, sswhose name is/ subscribed
to the within instrumen and acknowledged to me that he/ kIe/ t y exe uted the same in his/ r/ t lr authorized capacity' s), and that b his/) f/ thifr signatur) on the instrument the person , or the entity upon behalf of whi the person acted, ex cuted the instrument.

I certify under PENALTY OF PERJURY under the

JODIEATHA
lawsof the Stateof Californiathat the foregoing
Notary Public- California
Z paragraph is true and correct.

Riverside County >_
Commission» 2230896
My Comm. Expires Feb 11, 2022 WITNESS my hand and official seal.

Signature
Place Notary Seal and/ or Stamp Above S nature of Notary Public

OPTIONAL
Completing this information can deter alteration of, the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document:

Document Date: - Number of Pages:

Signer( s) Other Than Named Above:

Capacity( ies) Claimed by Signer( s)
Signer' s Name: Signer' s Name:
o Corporate Officer— Title( s): 0 Corporate Officer. Title( s):

O Partner— 0 Limited 0 General 0 Partner 0 Limited.- General Individual 0 Attorney in Fact 0 Individual Attorney in Fact - Trustee 0 Guardian of Conservator. 0 Trustee 0 Guardian of Conservator Other: Other:

Signer is Representing: Signer is Representing:
2017 National Notary Association

5. All personsexecutingthis warrantyherebyrepresent andwarrantto theCity of Chino, and Subdividerherebyrepresentsand warrants, thatthe signators heretohave the legalpower, right andauthorityto execute thiswarrantyon behalfof the Subdividerandthat the signatorshereto have sufficient knowledgeor expertise, eitherpersonally,through reasonableinspectionand investigationof the property, or throughreasonablerelianceupon the investigationand professionalopinionof Subdivider's environmental01225. 0006/369377.1 C- 1

13. 4. Subdivideris Not Agentof City. NeitherSubdividernor Subdivider' s agents, contractors, or subcontractorsareagentsor contractorsof the City in connectionwith the performance of Subdivider's obligationsunder this Agreement.13. 5. Timeof
the Essence. Time
is of the essenceof Subdivider's performance
of all of its obligationsunder this Agreement.13. 6. Notices. Unlessotherwise specifiedin thisAgreement, all noticesrequired or providedfor
underthis Agreement shall be in writingand delivered in person or sent by mail,postageprepaidand addressedas providedin this Section. Noticeshall be effectiveon the date is deliveredin person, or, if mailed, on the date of deposit in the United StatesMail. 01225.0006/ 369377.1 17 of 19 o defend, indemnify, or hold harmless the City.

Nothing in this Section prohibitsthe City
fromparticipatingin the defense
of any claim, action, or proceedingif City bearsits own attorney' s fees and costs anddefendsthe actionin good faith. Subdividershall notbe requiredto pay or perform any settlementunlessthe settlementis approvedbythe Subdivider.01225. 0006/ 369377.1 13 of 19 211
Executed in Triplicate
Olive Grove II ( Harvest at Preserve) Bond No.: 9305235 Water Improvements Contract No.:

Approved:

Premium $ 1, 183. 00/ annum

FAITHFUL PERFORMANCE BOND
Tract Map No. 19951
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as "CITY" and LENNAR HOMES OF CALIFORNIA, INC. a California Corporation, hereinafter designated as " PRINCIPAL," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated December 18th, 2018, and identified as Project No. Tract Map No. 19951, 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 faithful performance of said agreement.

NOW, THEREFORE, we, the Principal and Fidelity and Deposit Company of Maryland , as surety, are held and firmly bound unto the City of Chino in the penal sum of Four Hundred Thirty- Eight Thousand One Hundred Dollars ($ 438, 100.00) 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 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 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 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 December 3, 2018
Lennar Homes of California, Inc.,
a California corporation Fidelity and Deposit Company of Maryland

PRINCIPAL SURETY
By: 2r- By:

Mechelle Larkin, Attorney- in- Fact

SIGNATURES MUST BE NOTARIZED
Document No. 16353( PWFORMS\ BONDS- faithful performance\ rev. 04/ 2017) Page 1 of 1 ces required or provided for under this Agreementshall be in writingand deliveredin person or sent by mail,postage prepaidand addressedas provided in this Section. Notice shall be effectiveon the date is delivered
in person, or, if mailed,
on the dateof deposit in the United StatesMail.01225. 0006/ 369377.1 17 of 19o defend, indemnify, or hold harmlesstheCity. Nothingin this Sectionprohibitsthe City from participatingin the defense of any claim, action, or proceeding if City bearsits ownattorney's fees and costs and defendsthe actionin goodfaith. Subdivider shall not be required to pay or
performanysettlement unlessthe settlementis approved by the Subdivider. 01225. 0006/ 369377. 1 13 of 19
212

CALIFORNIAALL-PURPOSEACKNOWLEDGMENT
Anotarypublicorotherofficercompletingthiscertificateverifiesonlytheidentityoftheindividualwhosignedthedocumenttowhichthiscertificateisattached, andnotthetruthfulness, accuracy, orvalidityofthatdocument.

State of California
County of Orange
On DEC0 3 1018 before me, Kathy R. Mair, Notary Public DATE
NameofNotaryPublicandTitle"NotaryPublic"]
personally appeared Mechelle Larkin
Name( s) of Signer( s)]
whoprovedtomeonthebasisofsatisfactoryevidencetobetheperson(s) whosename(s) is/are subscribedtothewithininstrumentandacknowledgedtomethathe/she/theyexecutedthesamein he/ her/ their authorized capacity(, and that by his/her/their signature(s) on the instrumentthe person( s), ortheentityuponbehalfofwhichtheperson(s) acted, executedtheinstrument.

I certifyunderPENALTYOFPERJURYunderthelawsof theStateof Californiathatthe foregoing paragraph is true and correct.

KATHY R. MAIR WITNESS my hand and official seal.

Notary Public - California
iOrange County
Commission # 2193966
a) 22
6 11_ _v My Comm. Expires May 22, 2021
t AAY\ 610...—E_A-
Signature ta , Public
Place Notary Seal Above

OPTIONAL
Thoughthissectionisoptional, completingthisinformationcandeteralterationofthedocumentor fraudulentreattachmentof this formto an unintendeddocument.

Description of Attached Document
Title or Type of Document:

Document Date: Number of Pages:

Signer( s) Other Than Named Above:

Capacity( ies) Claimed by Signer( s)
Signer' s Name: Mechelle Larkin Signer' s Name:

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

Partner— Limited General Partner— Limited General Individual Attorney- in- Fact Individual Attorney- in-Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: Other:

Signer Is Representing: Signer is Representing:
edas costsand included
in any judgmentrendered.The
suretyherebystipulatesand agrees that no change, extensionof time, alteration, or addition to the terms of the agreementor to the work to be performedthereunder or the specificationsaccompanyingthe same shall in any way affectits obligationson thisbond, and it doesherebywaive notice of any such change, extensionof time, alteration, or addition to the terms of the agreementor to theworkor to thespecifications.IN WITNESSWHEREOF, this instrument hasbeenduly executed by Principal and Suretyabovenamed,on December3, 2018LennarHomesof California, Inc., a CaliforniacorporationFidelityand DepositCompanyof MarylandPRINCIPALSURETY By: 2r- By: MechelleLarkin, Attorney-in- Fact SIGNATURESMUSTBE NOTARIZEDDocumentNo. 16353(PWFORMS\ BONDS-faithful performance\ rev. 04/ 2017) Page 1 of 1 ces requiredor providedfor under this Agreementshall
be in writingand delivered
in person or sent by mail, postage prepaidand
addressed as
provided in this
Section. Notice shall be effective
on the date is
delivered in person, or, if mailed, on the date of deposit in the United StatesMail. 01225.0006/ 369377.1 17 of 19 o defend, indemnify, or hold harmlessthe City. Nothing in thisSection prohibitsthe City fromparticipatingin the defense of any claim, action, or proceeding if City bears
its own attorney's fees
and costs anddefendsthe actionin good faith. Subdividershall not be requiredto pay or performany settlementunlessthe settlementis approved bythe Subdivider.01225.0006/369377. 1 13 of 19
213

ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND

POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland ( herein collectively called the " Companies"), by MICHAEL BOND, Vice President, in pursuance of authority granted by Article V, Section 8, of the By- Laws of said Companies, which are set forth on the reverseside hereofand are herebycertified to be in full force and effect on the date hereof, do herebynominate, constitute, and appoint Mechelle LARKIN, of IRVINE, California, its true and lawful agent and Attorney- in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of thesepresents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.

The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By- Laws of said Companies, and is now in force.

IN WITNESS WHEREOF, the said Vice- President has hereunto subscribed his/ her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 12th day of September, A. D. 2018.

ATTEST:

ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND
v ocroa
a' 4IN",,,.

Asesutikfie.

SEAL I i _,_ o to:
04 V?, 068+ '
ti
AL°
BY:

Assistant Secretary Vice President
Daniel Lutes Michael Bond
State of Maryland
County of Baltimore
On this 12th day of September, A. D. 2018, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, MICHAEL BOND, Vice President, and DANIEL LUTES, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.

Constance A. Dunn, Notary Public
My Commission Expires: July 9, 2019
POA- F 012- 4451 L
essthe City. Nothingin this Section prohibitsthe Cityfrom participatingin the defense of any claim, action, or proceedingif City bearsits own attorney' s feesandcosts anddefendsthe action in good faith. Subdividershall notbe requiredto pay or perform any settlement unlessthe settlement
is approvedby the Subdivider. 01225.0006/ 369377. 1 13 of 19 214

ACKNOWLEDGMENT
A notarypublic or otherofficer completingthis certificateverifiesonly the identityof the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE
On December18, 2018, beforeme, AndreaDeFrancesco, Notary Public, personallyappeared Geoff Smith, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe subscribedto the within instrumentand acknowledgedto me that he/she/they executed the same in his/ her/ their authorized capacity( ies), and that by his/ her/their signature(s) on the instrument the person( s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

ANDREADEFRANCESCOWITNESS my hand and official seal. rfii`_ Commission# 2115022 Notary Public- California
RiversideCounty
Comm. Jun 12, 2019
Signature: Seal)
Andrea DeFrancesco, Notary Public

ZURICHAMERICANINSURANCECOMPANY
at its office in New York,
NewYork., the regularlyelected
officersof the COLONIALAMERICAN
CASUALTYAND SURETYCOMPANYat its
officein OwingsMills, Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSITCOMPANYOF MARYLANDat its
office in Owings Mills,
215
Executed in Triplicate
Olive Grove II ( Harvest at Preserve) Bond No.: 9305235 Water Improvements Contract No.:

Approved:

Premium: Included in Performance Bond

LABOR AND MATERIAL BOND
Tract Map No. 19951
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as " CITY" and LENNAR HOMES OF CALIFORNIA, INC. a California Corporation, hereinafter designated as " PRINCIPAL," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated December 18th, 2018, and identified as Project No. Tract Map No. 19951, is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, Principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Chino to secure the claims to which reference is made in Title 15( commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.

NOW, THEREFORE, said Principal and the undersigned, as corporate surety, are held and firmly bound unto the City of Chino, and all contractors, subcontractors, laborers, material, men, and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Two Hundred Nineteen Thousand Dollars ($ 219, 000.00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 ( commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement 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.

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on December 3, 2018
Lennar Homes of California, Inc.,
a California corporation Fidelity and Deposit Company of Maryland

PRINCIPAL SURETY
By: By: f
Mechelle Larkin, A torney- in- Fact

SIGNATURE( S) MUST BE NOTARIZED
Document No. 16354( PWFORMS\ BONDS- L& M\ rev. 04/ 2017) Page 1 of 1 umentby the authorityand directionof the said Corporations.

IN TESTIMONYWHEREOF,I have
hereuntoset my handandaffixed
my OfficialSeal the day
andyearfirst abovewritten.ConstanceA. Dunn,Notary PublicMy CommissionExpires:July 9, 2019 POA-F 012- 4451L ess the City. Nothingin this Sectionprohibitsthe City fromparticipatingin the defenseof any claim, action, or proceedingif City bears its own attorney' s feesand costs
and defendsthe actionin goodfaith. Subdivider shall not be required to pay or performany settlement
216

CALIFORNIAALL-PURPOSEACKNOWLEDGMENT
Anotarypublicorotherofficercompletingthiscertificateverifiesonlytheidentityoftheindividualwhosignedthedocumenttowhichthiscertificateisattached, andnotthetruthfulness, accuracy, orvalidityofthatdocument.

State of California
County of Orange
On DECn 3 2018 before me, Kathy R. Mair, Notary PublicDATE Nameof NotaryPublicandTitle"NotaryPublic"]
personally appeared Mechelle Larkin
Name( s) of Signer( s)]
whoprovedtomeonthebasisofsatisfactoryevidencetobetheperson(s) whosename(s) is/ace subscribedtothewithininstrumentandacknowledgedtomethathe/she/theyexecutedthesamein hos/ her/ their authorized capacity{ ies}, and that by h-is/her/their signature(s) on the instrumentthe person( s}, ortheentityuponbehalfofwhichtheperson(-e} acted, executedtheinstrument.

I certifyunderPENALTYOFPERJURYunderthelawsof theStateof Californiathattheforegoing paragraph is true and correct.

KATHY R. MAIR WITNESS my hand and official seal.
ti Notary Public - California
i
Orange County vCommission # 2193966
My Comm. Expires May 22, 2021
C IVtirTIF

I '
ure of •• tary Public
Place Notary Seal Above

OPTIONAL
Thoughthissectionisoptional, completingthisinformationcandeteralterationofthedocumentor fraudulentreattachmentofthisformtoanunintendeddocument.

Description of Attached Document
Title or Type of Document:

Document Date: Number of Pages:

Signer( s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer' s Name: Mechelle Larkin Signer' s Name:

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

Partner— Limited General Li Partner— Limited General Individual Attorney-in- Fact Individual El Attorney-in-FactTrustee Guardian or Conservator Trustee Guardian or Conservator Other: Other:

Signer Is Representing: Signer is Representing:
so as
to give a rightof action to them or theirassignsin anysuit brought upon this bond.Shouldthe condition of this bond be fully performed, then this obligationshallbecomenulland void,otherwiseit shall be and remain in full force and effect.The surety herebystipulatesand agreesthat nochange, extensionoftime, alteration, or additionto thetermsof theagreementor the specificationsaccompanyingthesameshall in any way affect its obligations on
this bond, and it doesherebywaivenoticeof any suchchange, extensionof time, alteration, or addition. INWITNESSWHEREOF, this instrumenthasbeenduly executedby Principaland Surety above named,on December3, 2018 Lennar Homesof California, Inc.,a Californiacorporation Fidelity andDepositCompany of MarylandPRINCIPAL SURETY By: By: f MechelleLarkin, A torney- in- Fact SIGNATURE(S) MUSTBE NOTARIZEDDocumentNo. 16354(PWFORMS\BONDS-L& M\ rev. 04/ 2017)Page 1 of 1 umentby the authorityand directionof the said Corporations.IN TESTIMONYWHEREOF,I have hereunto set my hand
and affixed my Official Seal
the day and year first above written. ConstanceA.

Dunn, Notary
Public My Commission
Expires: July 9, 2019 POA-F
012- 4451L ess the
City. Nothingin this Section prohibitstheCity from participating in thedefenseof anyclaim, action, or proceedingif City bearsits own
attorney' s fees and costs
and defends the actionin good
faith. Subdividershall not be
requiredto pay or performany settlementunlessthe settlementis approvedby the Subdivider.01225. 0006/369377.1 13 of 19
217

ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND

POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland ( herein collectively called the " Companies"), by MICHAEL BOND, Vice President, in pursuance of authority granted by Article V, Section 8, of the By- Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Mechelle LARKIN, of IRVINE, California, its true and lawful agent and Attorney- in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.

The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By- Laws of said Companies, and is now in force.

IN WITNESS WHEREOF, the said Vice- President has hereunto subscribed his/ her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 12th day of September, A. D. 2018.

ATTEST:

ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Ynn.... f
o,
pD.
rrps'
tea
n» 3,
tees
h.. t;thenthis obligationshall become nulland void,otherwiseit shall be
and remainin fullforceand effect.The surety herebystipulatesand agreesthat no change, extension of time, alteration, or additionto thetermsof the agreement or the specificationsaccompanyingthe same shall in any way affectits obligations on this bond, and it doesherebywaive noticeof any such change, extensionof time, alteration, or addition.IN WITNESS WHEREOF, this instrumenthas beenduly executedby PrincipalandSuretyabovenamed, on December3, 2018 LennarHomes of California, Inc., a California corporationFidelityand Deposit Companyof MarylandPRINCIPALSURETYBy:

By: f MechelleLarkin,
A torney- in- Fact SIGNATURE(
S) MUST BE NOTARIZEDDocumentNo. 16354( PWFORMS\BONDS-
L& M\
rev. 04/ 2017)