Agenda packet — Chino City Council, July 2, 2024 (part 1 of 2)

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

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

CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, JULY 2, 2024

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

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

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

CLOSED SESSION

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

2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: City Manager

FLAG SALUTE
1 CHINO CITY COUNCIL
JULY 2, 2024 2

CEREMONIALS
Proclamations
Park and Recreation Month. Proclaim July 2024 as Park and Recreation Month.

Presentations
Retirement Recognition. Recognition of Deputy Police Chief Andy Bjelland in recognition of his 24 years of dedicated service to the City of Chino and its residents.

Business of the Month. Award of Business of the Month for July 2024 to Flo's Cafe #2.

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

REPORT OUT OF CLOSED SESSION

AGENDA ADDITIONS/REVISIONS

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). If more than three (3) persons seek to address the same agenda item or the same subject matter, the Mayor shall establish a maximum period of time not to exceed thirty (30) minutes.

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 771206 to 771472, and Electronic Fund Transfers 519488E to 519601E, totaling $7,288,503.22.

2. Minutes. Regular Meeting Minutes for June 18, 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. Seventh Street Community Theatre Facilities Use Agreement. Approve the Seventh Street Theatre Facilities Use Agreement with the Chino Community Theatre/Chino Community Children’s Theatre.
2 CHINO CITY COUNCIL
JULY 2, 2024 3

5. Lewis Companies Development Agreement Annual Compliance Certification. Approve Issuance of a Certificate of Compliance to Certify the Chino Development Corporation, Chino Preserve Development Corporation, and Chino Holding Company, LLC are in compliance with the requirements of the Amended and Restated Development Agreement.

6. Professional Services Agreement - Hinderliter, de Llamas and Associates (HdL). Approve an agreement with HdL in an amount not to exceed $140,000 annually for Sales Tax Audit and Information Services with up to two, one -year extensions; and approve an additional appropriation of $80,000 from the General Fund.

7. Resolution Amending the City's Classification Schedule. Approval of Resolution 2024 -034 to revise the City’s Classification and Compensation Schedule to conform with the City’s Personnel Rules, P.O.S.T. and related matters.

8. Acceptance of Right of Way Dedication - Pine Avenue (Chino Preserve Development Corporation). Accept the offer of right -of-way dedication for public street and utility purposes on the south side of Pine Avenue.

9. Landscape and Streetlight Maintenance District Assessment for Fiscal Year 2024 -25. Adopt Resolution No. 2024-031 directing the filing of an annual report; adopt Resolution No. 2024-032 approving the Engineer's Report; and adopt Resolution No. 2024 -033 declaring its intention to order improvements for Assessment Districts.

10. Notice of Completion - Project No. SD223 - Storm Drain Rehab FY2021-22 Mountain Avenue at Chino Avenue. Accept the SD223 Storm Drain Rehabilitation FY 2021 -22 Mountain Avenue at Chino Avenue Project as complete; release the retention funds following the 35 -day lien period; and authorize the Director of Public Works to file the Notice of Completion.

11. Acceptance of the CalRecycle SB 1383 Local Assistance Grant Program Funds (Greenhouse Gas Reduction Fund). Authorize the acceptance of an award of funds in the amount of $249,249 from the State Department of Resources Recycling and Recovery (CalRecycle) SB 1383 Local Assistance Grant Program (Greenhouse Gas Reduction Fund).

12. Award of Contract - PMK Associates, Inc., and Transtech Engineers, Inc., for As -Needed Traffic Plan Check Services and Other Related Services. Award a Professional Services Agreement to PMK Associates, Inc., Laguna Woods, CA, in the amount of $60,000 and Transtech Engineers, Chino, CA, in the amount of $40,000 for as needed traffic plan check and other related services.

13. Award of Contract - General Pump Company, Inc. for On -Call Well or Pump Repair Services.

Award a contract to General Pump Company, Inc., San Dimas, CA, for $138,400 for annual on-call well or pump repair services; and authorize the City Manager to execute the necessary documents on behalf of the City.

NEW BUSINESS

14. Award of Contract - Ayala Park Improvements Phase 1B - Softball Fields 1 -4 Project (PK231).

Award a construction contract in the amount of $3,766,402.50 to Act 1 Construction, Inc., Norco, CA for Project PK231 and authorize $564,960 for project construction contingencies, for a not-to-exceed potential contract amount of $4,331,362.50.

Staff Report By: Jeff Benson, Parks & Capital Projects Manager 3 CHINO CITY COUNCIL
JULY 2, 2024 4
RECOMMENDATION: 1) Award a construction contract in the amount of $3,766,402.50 to Act 1 Construction, Inc., Norco, CA for the Ayala Park Improvements Phase 1B - Softball Fields 1-4 Project (PK231); 2) authorize expenditures of up to $564,960 for project construction contingencies, for a not -to-exceed potential contract amount of $4,331,362.50; 3) appropriate $2,006,400 to the Park Fund with backfill from the General Fund reserves for a revised project budget of $4,777,400; and 4) authorize the City Manager to execute the 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

15. Community Services, Parks & Recreation Commission Appointment. Approve the appointment to the Community Services, Parks & Recreation Commission.

Staff Report By: Mayor Ulloa
RECOMMENDATION: Approve the re-appointment of Jamie Aviles to the Community Services, Parks & Recreation Commission.

Mayor Pro Tem Comstock
Council Member Burton
Council Member Flores

16. Community Support Fund - Council Member Flores. Approve community support fund contribution to the Don Lugo Band Booster.

Staff Report By: Council Member Flores
RECOMMENDATION: Approve community support fund contribution of $500 to Don Lugo Band Booter.

Council Member Lucio
City Manager's Report
City Attorney's Report
Police Chief's Report
Director's Report
Fire Chief's Report

ADJOURN
The next Regular Meeting of the City Council will be held on Tuesday, July 16, 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, June 27, 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 4 CHINO CITY COUNCIL
JULY 2, 2024 5
myself or under my direction.
_______________________________________
Natalie Gonzaga, City Clerk.
5 MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 2, 2024

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

RECREATION

SUBJECT
..titl e
Proclaim July 2024, as Park and Recreation Month.
..end

..body

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

6 7

MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 2, 2024

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

SUBJECT
..titl e
Retirement Recognition.
..end
..body

8 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 2, 2024

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

SUBJECT
..titl e
Business of the Month.
..end
..body

9 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 2, 2024

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

SUBJECT
..titl e
Award of Mayor’s Home Beautification Award for June 2024. ..end
..body

10 MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 2, 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 771206 to 771472, and Electronic Fund Transfers 519488E to 519601E, totaling $7,288,503.22. ..body

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

Revenue:

Expenditure:

Transfer In: Transfer Out:
11 CITY COUNCIL MEETING DATE: JULY 2, 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. 771206 – 771353 6/13/24 23-24 $1,540,747.05

2. 771354 – 771472 6/20/24 23-24 $2,658,782.11

3. 519488E – 519553E 6/14/24 23-24 $1,117,624.16

4. 519554E – 519601E 6/21/24 23-24 $1,971,349.90

TOTAL $7,288,503.22
E: Electronic Fund Transfer

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

RB:hm
Attachment

12 Council Meeting 7/2/24

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

Check
Number
Check Date Vendor Name Description Amount
771227 06/13/2024 CDW GOVERNMENT INC SOFTWARE LICENSE-CROWDSTRIKE $73,650.38 771248 FAIRVIEW FORD SALES, INC. ELEVEN (11) 2025 FORD UTILITY VEHICLES $306,581.75 771308 GHERMEZIAN LAW, APC CLIENT TRUST

ACCOUNT
RELEASE OF CLAIMS $50,000.00
771327 SO CAL EDISON CO SERVICE PERIOD: 04/01-05/31 $246,496.61 771331 SOUTHERN CALIFORNIA LANDSCAPE INC. RE-SODDING OF SPORTS FIELD $193,635.00 771336 HINDERLITER, DE LLAMAS & ASSOC AUDIT SERVICES $78,324.94 771353 Z & K CONSULTANTS, INC. ON CALL CIP PROJECT SERVICES $80,990.00 519520 06/14/2024 INLAND EMPIRE UTILITIES AGENCY SEWAGE TREATMENT SERVICE $817,976.00 771357 06/20/2024 ACT 1 CONSTRUCTION, INC. CHINO RANCHO $429,793.30 771403 HARDY & HARPER INC STREET REHAB SERVICES $1,166,627.65 771408 J & S STRIPING CO INC STREET STRIPING SERVICES $98,727.82 771459 US BANK CORPORATE PAYMENT SYS PURCHASING CARD PAYMENT: 4/22/24 $58,048.36 771465 WASTE MANAGEMENT REFUSE COLLECTION $439,997.96 519565 06/21/2024 CHINO VALLEY INDEPENDENT FIRE DISTRICT FIRE PROTECTION SERVICES $1,395,000.00 519583 MERCHANTS LANDSCAPE SERVICES INC LANDSCAPE MAINTENANCE $55,796.99 519598 WATER FACILITIES AUTHORITY IMPORTED WATER $275,783.71 16 TOTAL $5,767,430.47

13 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 2, 2024

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

SUBJECT
..titl e
Minutes.
..end
..body

14 CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

REGULAR MEETING - CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, JUNE 18, 2024

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

CALL TO ORDER
The June 18, 2024, Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 4:32 pm 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
Potential defendant: The Kroger Co.

2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to Government Code Section 54956.8
Property: 5177 Chino Avenue, Chino, CA 91710 (APN 1020321040000) Agency Negotiator: Linda Reich, City Manager
Negotiating Parties: US CHEM LLC
Under Negotiation: Price and Terms of Potential Acquisition

3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to Government Code Section 54956.8
Property: 5091 G. St., Chino, CA 91710 (APN 102060115)
Agency Negotiator: Linda Reich, City Manager
Negotiating Parties: 5091 G Street LLC
15 CHINO CITY COUNCIL
JUNE 18, 2024 2
Under Negotiation: Price and Terms of Potential Acquisition

4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to Government Code Section 54956.8
Property: APN 101428104; 5412 Francis Avenue, Chino, CA 91710 (APN 101428103); 0 Francis Avenue, Chino, CA 91710 (APN 101428108)
Agency Negotiator: Linda Reich, City Manager
Negotiating Parties: Dave Kuo; Grand West Coast Investment, LLC Under Negotiation: Price and Terms of Potential Acquisition

5. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to Government Code Section 54956.8
Property: 13339 Central Avenue, Chino, CA 91710 (APN 102033113); 13399 Central Ave, Chino, CA 91710 (APN 102033112); 0 G St, Chino, CA 91710 (APN 102033111) Agency Negotiator: Linda Reich, City Manager
Negotiating Parties: SZ Properties LLC
Under Negotiation: Price and Terms of Potential Acquisition

6. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to Government Code Section 54956.8
Property: 4570 Philadelphia St, Chino, CA 91710 (APN 101342111); 0 Philadelphia St, Chino, CA 91710 (APN 101342109 ); 4562 Philadelphia St, Chino, CA 91710 (APN 101342112);
4578 Philadelphia St, Chino, CA 91710 (APN 101342110).

Agency Negotiator: Linda Reich, City Manager
Negotiating Parties: SB County Board of Education
Under Negotiation: Price and Terms of Potential Acquisition The City Council recessed to Closed Session at 4:33 p.m. and concluded at 5:21 p.m. The City Council reconvened the meeting at 6:02 p.m.

FLAG SALUTE
Troop 309 presented the colors and led the assembly in reciting the Pledge of Allegiance.

CEREMONIALS
Proclamations
American Legion Family Day. Proclaim the last Saturday in April be known as "American Legion Family Day" in the City of Chino.

Mayor Ulloa read into the record the proclamation designating the last Saturday in April as American Legion Family Day in Chino. Danielle Lively, Unit President for the American Legion Auxiliary Unit 299 and Board Members were present to accept the award.

Presentations
Hope Family Resource Center. Recognition of the Hope Family Resource Center 10 Year Anniversary.

Mayor Ulloa called up Liz Lara of Hope Family Resource Center, Mayra Pratt, CSPR Manager, Michelle Meza, CSPR Coordinator, and CSPR Case Managers who were present to accept the Proclamation.
16 CHINO CITY COUNCIL
JUNE 18, 2024 3
Chino High School Wrestling Team. Recognition of the Chino High School Wrestling Team.

Mayor Ulloa called up Chino High School Wrestling Coach Alex Angulo who presented certificates of recognition to the Chino High School Wresting Team: Jayden Elizalde, Zachary Samano, Caleb Valenzuela, Jonathan Madera, David Sierra III, Diego Medina, David Franco, Nathan Cauwel, Ascension Perez, Christian Ochoa Gonzalez, Aaron Jimenez, Michael Vassalle, Nathan Blanco, Nathan Garcia, Jorge Hernandez, Tilly Kakuk, and Matthew Silva.

The following Wresting Team Coaches were presented with certificates of recognition: Matthew Ledesma, Michael Samano, Zachary Schoonover, Dylan Moreno, Jordan Mallo, and Alex Angulo.

REPORT OUT OF CLOSED SESSION
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
Potential defendant: The Kroger Co.

Motioned by Council Member Lucio, seconded by Council Member Burton, to approve opting in to the settlement agreement against The Kroger Co. related to the opioid settlement matter and having the County or its designee administer the funds on behalf of the City of Chino. The motion carried by the following vote:

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

ABSENT: NONE.

3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to Government Code Section 54956.8
Property: 5091 G. St., Chino, CA 91710 (APN 102060115)
Agency Negotiator: Linda Reich, City Manager
Negotiating Parties: 5091 G Street LLC
Under Negotiation: Price and Terms of Potential Acquisition The City Council held a discussion, provided direction, and no further reportable action was taken.
17 CHINO CITY COUNCIL
JUNE 18, 2024 4

The balance of the City Council held a discussion, provided direction, and no further reportable action was taken.

Agency Negotiator: Linda Reich, City Manager
Negotiating Parties: SB County Board of Education
Under Negotiation: Price and Terms of Potential Acquisition The City Council held a discussion, provided direction, and no further reportable action was taken.

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

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

Mayor Ulloa announced the Economic Development Report is available in the agenda packet.

External Agency Report for June 18, 2024 (Covering April 1, 2024 - April 30, 2024). Receive and File the External Agency Report for June 2024 (Covering April 1, 2024 - April 30, 2024) Mayor Ulloa announced the External Agency Report is available in the agenda packet.

PUBLIC ANNOUNCEMENTS
Mayor Ulloa announced the following scheduled community events:
18 CHINO CITY COUNCIL
JUNE 18, 2024 5
The Annual Go Skateboarding Day will take place at Ayala Skate Park on Friday, June 21, 2024, from 3:00 p.m. to 6:00 p.m. For more information, call 909-334-3257.

Chino Kiwanis Club Summer Concerts will take place on the City Hall lawn on Thursday, June 20, 2024, at 7:00 p.m. featuring Ransom, a classic rock cover band, and Thursday, June 27 featuring a Hall and Oates tribute band, Private Eyes.

Chino Summer Movie Nights will take place on the City Hall lawn on Friday, June 21, 2024, at 6:30 p.m. and will feature the movie Teenage Mutant Ninja Turtles: Mutant Mayhem. There will be no movie on Friday, June 28 due to the Fireworks Spectacular. For the full schedule, visit www. cityofchino.org/events.

Chino Fireworks Spectacular - A Salute to our Armed Forces Heroes will be held at Ayala Park on Friday, June 28, 2024, from 4:00 p.m. to 10:00 p.m. and Saturday, June 29, 2024, from 1:00 p.m. to 10:00 p.m. For more information, visit www. cityofchino.org/fs or call 909-334-3250.

PUBLIC COMMENTS
Pastor Rob Harston, Calvary Chapel Chino Hills, provided the invocation.

Art Marquez, new Public Affairs Manager of Southern California Gas company, provided an introduction.

Michael Gales, Chino resident spoke in favor of the City's efforts to address the unhoused and keeping the City clean.

CONSENT CALENDAR

1. Warrants. Approve expenses as audited and within budget for warrants771080 to 771205, and Electronic Fund Transfers 519440E to 519487E, totaling $1,161,686.46.

Item No. 2 was pulled from the Consent Calendar.

4. Report on State and Federal Legislative Issues. Receive and file the Tracked State Legislation report dated June 4, 2024; the attached position letters on legislation; the High Priority Legislative Items Report, and the Washington Update.

5. Notice of Completion (NOC) for the City Hall South & 7th Street Theatre Roofing project (NC242 & IB249) completed by R&R Roofing & Waterproofing, Inc., Lake Elsinore, CA, Contract #2024-153. Accept the City Hall South & 7th Street Theatre Roofing project (NC242 & IB249) completed by R&R Roofing & Waterproofing, Inc., Lake Elsinore, CA, Contract #2024-153, as complete.

6. Federal Asset Forfeiture Funds - SWAT Equipment Purchase (Federal Grant G424G). Approve the appropriation of $42,698.37 from unappropriated reserves of the Asset Forfeiture/Department of Justice Fund 120 for the purchase of SWAT equipment and increase the Asset Forfeiture revenue by $39,812.

7. Amendment to Measure I Capital Improvement Plan for Fiscal Years 2024 -2028. Adopt Resolution No. 2024 -027 to amend Resolution No. 2023 -067 revising the Measure I Capital Improvement Plan for Fiscal Year 2024-2028.
19 CHINO CITY COUNCIL
JUNE 18, 2024 6

8. Road Maintenance and Rehabilitation (SB1) Account Project List for Fiscal Year 2024 -25.

Adopt Resolution No. 2024 -028 to update the Road Maintenance and Rehabilitation (SB1) Account project list and projected revenues and authorize the City Manager to execute the necessary documents on behalf of the City.

9. Professional Services Agreement with Watearth, Inc. for the Lead and Copper Rule Revisions (LCRR) Compliance Program. Award a Professional Services Agreement to Watearth, Inc., Los Angeles, CA, in the amount of $110,273.80 for consulting services necessary for compliance with the Lead and Copper Rule Revisions (LCRR).

10. Approve a Ninth Amendment to the Professional Services Agreement with EXP U.S. Services Inc., for Projects ST203 Pine Avenue Improvements and ST204 Pine Avenue at State Route 71 Interchange Ramp Improvements. Approve a ninth amendment to the Professional Services Agreement with EXP U.S. Services, Inc, San Bernardino, CA, Agreement 2021 -053 for $80,918 for a total agreement amount not to exceed $1,070,689.07.

Item No. 11 was pulled from the Consent Calendar.

Moved by Council Member Burton, seconded by Council Member Flores, to approve the Consent Calendar items 1 and 3 -10 as presented; with item 2 and 11 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 THE CONSENT CALENDAR

2. Minutes. Regular Meeting Minutes for June 4, 2024 (Council Member Lucio Absent-Excused).

Motion by Council Member Burton, seconded by Mayor Pro Tem Comstock, to approve item 2. 24-285 Minutes. The motion carried by the following vote:

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

ABSENT: NONE.

ABSTAIN: LUCIO

11. Accept Public Improvements as Complete for Tract Map Nos. 16837, 16997, and 16998.

Approve the Final Acceptance of Public Improvements for Tract Map Nos. 16837, 16997, and 16998, generally located between the Cypress Channel and Euclid Avenue in the College Park Specific Plan area.

Mayor Ulloa noted Council Member Lucio will recuse himself for the vote on this item. Council Member Lucio left the dais and returned when the vote was complete.

Motion by Mayor Pro Tem Comstock, seconded by Council Member Flores, to approve item 11. 24 -311 Accept Public Improvements as Complete for Tract Map Nos. 16837, 16997, and 16998. The motion carried by the following vote:
20 CHINO CITY COUNCIL
JUNE 18, 2024 7
AYES: ULLOA, COMSTOCK, BURTON, AND FLORES
NOES: NONE.

ABSENT: NONE.

ABSTAIN: LUCIO

NEW BUSINESS

12. Classification and Compensation Adjustments Based on Results of Citywide Classification and Compensation Study. Approve adjustments to the City’s Classification and Compensation Schedule for Implementation of Classification and Compensation Study Findings.

Staff Report By: Misha Sisikin, Deputy Director of Human Resources/Risk Management RECOMMENDATION: 1) Adopt Resolution 2024 -029 approving Classification and Salary Schedule adjustments as needed for positions represented by the American Federation of State, County, and Municipal Employees (AFSCME); Chino City Hall Confidential Employee Association; Chino Police Professional Employee Association (CPPEA); Teamsters Local 1932 Professional, Technical, and Clerical Unit; Unrepresented Management, Unrepresented Deputy Directors, and Part-Time Employees; and 2) approve an estimated appropriation in the amount of $3.1 million.

Misha Sisikin, Deputy Director of Human Resources/Risk Management provided a report on the item.

Motion by Council Member Burton, seconded by Council Member Flores, to 1) Adopt Resolution 2024 -029 approving Classification and Salary Schedule adjustments as needed for positions represented by the American Federation of State, County, and Municipal Employees (AFSCME); Chino City Hall Confidential Employee Association; Chino Police Professional Employee Association (CPPEA); Teamsters Local 1932 Professional, Technical, and Clerical Unit; Unrepresented Management, Unrepresented Deputy Directors, and Part-Time Employees; and 2) approve an estimated appropriation in the amount of $3.1 million. The motion carried by the following vote:

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

ABSENT: NONE.

13. Cost of Living Adjustment FY 2024 -25. Approve Resolution 2024 -030, Updating the City’s Classification and Compensation Schedule to Reflect the FY 2024/25 Cost -of-Living Adjustment approved by City Council in July 2023.

Staff Report By: Misha Sisikin, Deputy Director of Human Resources/Risk Management RECOMMENDATION: 1) Adopt Resolution No. 2024 -030 approving Classification and Salary Schedule adjustments to implement a Cost -of-Living Adjustment of 4% for job classifications represented by the American Federation of State, County, and Municipal Employees (AFSCME); Chino City Hall Confidential Employee Association (CCHCEA); Chino Police Professional Employee Association (CPPEA); Teamsters Local 1932 Professional, Technical, and Clerical Unit; Unrepresented Management; Unrepresented Deputy Directors; and Part-Time Employees; and 2) approve an estimated appropriation in the amount of $1.7 million as noted in the Fiscal Impact section.

Misha Sisikin, Deputy Director of Human Resources/Risk Management provided a report on 21 CHINO CITY COUNCIL
JUNE 18, 2024 8
the item.

Motion by Council Member Burton, seconded by Council Member Flores, to 1) Adopt Resolution No. 2024 -030 approving Classification and Salary Schedule adjustments to implement a Cost -of-Living Adjustment of 4% for job classifications represented by the American Federation of State, County, and Municipal Employees (AFSCME); Chino City Hall Confidential Employee Association (CCHCEA); Chino Police Professional Employee Association (CPPEA); Teamsters Local 1932 Professional, Technical, and Clerical Unit; Unrepresented Management; Unrepresented Deputy Directors; and Part -Time Employees; and 2) approve an estimated appropriation in the amount of $1.7 million as noted in the Fiscal Impact section. The motion carried by the following vote:

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

ABSENT: NONE.

14. Pine Avenue Improvement Amendments. Amendment No. 2 to the Construction Credit/Reimbursement Agreement for the Pine Avenue Improvements – Phase I (Stages 1-3) & Stage 4.

Staff Report By: Jesus Plasencia, Assistant City Engineer RECOMMENDATION: 1) Appropriate $311,439.47 from the unappropriated reserves of the General Fund; 2) schedule a corresponding year -end transfer in the same amount from The Preserve Circulation (Bridges/Signals/Thoroughfares) System Development Impact Fee Fund 260; 3) increase the Capital Improvement Program Budget Project ST203 (1007010 Fund) for Pine Avenue Improvements for Stage 4 in the amount of $311,439.47, for a total Stage 4 project budget not to exceed $3,335,184.47; 4) approve an amendment to the construction credit and reimbursement agreement with Chino Preserve Development Corporation to include additional costs for Pine Avenue Improvements Stage 4 in the amount of $311,439.47 for a total contract not to exceed $17,100,757.47; and 5) authorize the City Manager to execute the necessary documents on behalf of the City.

Jesus Plasencia, Assistant City Engineer, provided a presentation on the item.

Mayor Pro Tem Comstock commented on an email message received from a resident. She requested clarification of the proposed path connection and Mr. Plasencia confirmed there will be a fully accessible path including across the driveway.

Mayor Pro Tem Comstock asked if busing services will be available and Mr. Plasencia confirmed if improvements are not completed by July 8, 2024, prior to the first day of school for Legacy Academy, the Chino Valley Unified School District plans to provide busing services to students who live north of Pine Avenue. Mr. Plasencia assured the Council that the approved plans will be reviewed for accuracy and staff will address any concerns in response to the email received from the resident.

Council Member Lucio stated he received emails from concerned residents regarding the lack of sidewalks near the school, and explained although the Lewis Companies is not required to build sidewalks here since the development project has not yet occurred in this area, however they agreed to do so now in order to help provide safe amenities for children to walk to school, and for residents to walk to the shopping center.
22 CHINO CITY COUNCIL
JUNE 18, 2024 9
Motion by Council Member Lucio, seconded by Council Member Flores, to 1) Appropriate $311,439.47 from the unappropriated reserves of the General Fund; 2) schedule a corresponding year -end transfer in the same amount from The Preserve Circulation (Bridges/Signals/Thoroughfares) System Development Impact Fee Fund 260; 3) increase the Capital Improvement Program Budget Project ST203 (1007010 Fund) for Pine Avenue Improvements for Stage 4 in the amount of $311,439.47, for a total Stage 4 project budget not to exceed $3,335,184.47; 4) approve an amendment to the construction credit and reimbursement agreement with Chino Preserve Development Corporation to include additional costs for Pine Avenue Improvements Stage 4 in the amount of $311,439.47 for a total contract not to exceed $17,100,757.47; and 5) authorize the City Manager to execute 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.

15. Cooperative Reimbursement Agreement Between the City of Chino and the City of Pomona for the Walnut Avenue Improvements as part of the Street Rehabilitation FY2023 -24 Project (ST241). Approve a Cooperative Reimbursement Agreement with the City of Pomona in an amount not to exceed $139,801 to establish project cost sharing and reimbursement obligations for the construction of Project ST241.

Staff Report By: Michele Hindersinn, Principal Engineer RECOMMENDATION: 1) Appropriate $139,801 to the Transportation Fund (320), with a corresponding year-end transfer in the same amount from the General Fund (100) reserves; 2) approve a Cooperative Reimbursement Agreement between the City of Chino and the City of Pomona in an amount not to exceed $139,801 to establish project cost sharing and reimbursement obligations for the construction of the Walnut Avenue Pavement Improvements as part of the Street Rehabilitation FY2023 -24 Project (ST241); 3) approve a Change Order No. 1, to Hardy & Harper Inc., in the amount of $109,901 for a not -to-exceed revised contract amount of $3,305,451 for the Walnut Avenue Pavement Improvement; and 4) authorize the City Manager to execute the necessary documents on behalf of the City.

Michele Hindersinn, Principal Engineer, provided a presentation on the item.

Mayor Pro Tem Comstock asked staff to cooperatively work with the City of Pomona to make improvements on a small unincorporated section of Los Angeles County that connects Riverside Drive to the 60 Freeway, and City Manager Reich stated discussions have taken place with the City of Pomona, who does not currently have funding for the improvements, but assured staff will continue to work with them.

Motion by Council Member Burton, seconded by Council Member Flores, to 1) Appropriate $139,801 to the Transportation Fund (320), with a corresponding year -end transfer in the same amount from the General Fund (100) reserves; 2) approve a Cooperative Reimbursement Agreement between the City of Chino and the City of Pomona in an amount not to exceed $139,801 to establish project cost sharing and reimbursement obligations for the construction of the Walnut Avenue Pavement Improvements as part of the Street Rehabilitation FY2023 -24 Project (ST241); 3) approve a Change Order No. 1, to Hardy & Harper Inc., in the amount of $109,901 for a not-to-exceed revised contract amount of $3,305,451 for the Walnut Avenue Pavement Improvement; and 4) authorize the City Manager to execute the necessary documents on 23 CHINO CITY COUNCIL
JUNE 18, 2024 10
behalf of the City. 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 Omnitrans Board of Directors meeting; San Bernardino County Transportation Authority Boards of Directors meeting; Senior Birthday Celebrations; City Council Workshop; Mayor's Prayer Breakfast; CSPR interviews; Omnitrans Administration Finance Committee meeting; San Bernardino County Transportation Authority Transit and Metro Valley Committee meeting; Inland Empire Division League of California Cities meeting; meeting with Supervisor Curt Hagman; meeting with resident; Leadership Academy Graduation; Relay for Life meeting; Water Facilities Authority Personnel Committee 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 Supervisor Curt Hagman's Open House; Infrastructure/Streets Committee meeting; City Manager meeting; City Council Workshop; CSPR interviews; Chino Valley Fire District Board Meeting; League of California Cities meeting; meeting with a resident/business owner; City Manager meeting; Outgoing Rotary President ceremony, and congratulated the new incoming President Fire Chief Dave Williams; closed session; congratulated the Hope Program 10th Year Anniversary, and the Chino High Wrestling Team.

Council Member Burton
Council Member Burton reported on the following meetings and events attended since the last meeting that included the Chino Police Department Swearing in Ceremony; Supervisor Curt Hagman's Open House; City Council Workshop; League of California Cities meeting; Leadership Academy Graduation; and Closed Session.

Council Member Flores

16. Community Support Fund - Council Member Flores. Approve community support fund contribution to the Burrito Breakfast Club, Inc.

Staff Report By: Council Member Flores
RECOMMENDATION: Approve community support fund contribution of $250 to Burrito Breakfast Club, Inc.

Motion by Council Member Burton, seconded by Council Member Lucio, to Approve community support fund contribution of $250 to Burrito Breakfast Club, Inc. The motion carried by the following vote:

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

ABSENT: NONE.
24 CHINO CITY COUNCIL
JUNE 18, 2024 11
Council Member Flores reported on the following meetings and events attended since the last meeting that included Special Needs Collaboration event planning meeting; City Council Workshop; Hope 10 Year Anniversary event; Kiwanis Summer Concerts; Senator Susan Rubio Roundtable meeting; City Manager meeting; Chino Valley Chamber of Commerce Board meeting, and acknowledged the Chamber will be a contender for the Chamber of the Year; and wished everyone a Happy Father's Day.

Council Member Lucio
Council Member Lucio reported on the following meetings and events attended since the last meeting that included the Inland Empire Economic Partnership Regional Leadership Academy; County Supervisor Curt Hagman's Open House; Prado Regional Park Annual Family Fish and Wildlife Festival; Infrastructure/Streets Committee meeting; CIM/CIW Citizen's Advisory Committee meeting; City Manager meeting; City Council Workshop; City Manager meeting; Leadership Academy Graduation; Congratulated the Chino High School Wrestling team for achieving the California Interscholastic Foundation Division 1 status; and commended the Chino Valley Unified School District Board for settling with the Lewis Company.

City Manager's Report
City Manager Reich had no report.

City Attorney's Report
City Attorney Galante announced there is an upcoming decision due from the California Supreme Court regarding the Taxpayer Protection and Government Accountability Act.

Police Chief's Report
Deputy Chief Andy Bjelland provided a report on Fourth of July preparations by the Police Department and invited the City Council to the Police Explorers graduation that will take place Saturday, June 22, 2024.

Director's Report
Albert Espinosa, City Engineer, provided an update on the Ramona Avenue road repairs.

Fire Chief's Report
Fire Chief Dave Williams provided an update on the Fire District support they will provide during the Fourth of July Holiday and events, and reported on the unfortunate tragedy at the Chino Airport and offered condolences to the families.

ADJOURN
The meeting adjourned at 7:32 p.m. The next Regular Meeting of the City Council will be held on Tuesday, July 2, 2024 at 6:00 p.m. (Closed Session no earlier than 4:00 p.m. if necessary) in these Council Chambers.

APPROVED AND ADOPTED THIS 2ND DAY OF JULY 2024.
________________________________
EUNICE M. ULLOA, MAYOR
25 CHINO CITY COUNCIL
JUNE 18, 2024 12
ATTEST:
________________________________

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

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 2, 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 2024-25 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:
27 CITY COUNCIL MEETING DATE: JULY 2, 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

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

29 MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 2, 2024

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

RECREATION

SUBJECT
..titl e
Seventh Street Community Theatre Facilities Use Agreement.

..end

RECOMMENDATION
1) Approve the Seventh Street Community Theatre Facilities Use Agreement with the Chino Community Theatre and Chino Community Children’s Theatre; and 2) authorize the City Manager to execute the necessary documents on behalf of the City.

..body

FISCAL IMPACT
There are sufficient funds in the FY 2024-25 Building Maintenance fund for the maintenance of the Seventh Street Theatre facility.

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:
 Public Service Excellence through Internal and External Partnerships 

Revenue: Click or tap here to enter text.

Expenditure: 6508310-43580
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 30 CITY COUNCIL MEETING DATE: JULY 2, 2024
TITLE: SEVENTH STREET COMMUNITY THEATRE FACILITIES USE AGREEMENT.

PAGE: 2

BACKGROUND
Since March 16, 1991, the Seventh Street Community Theatre, home to Chino Community Theatre and Chino Community Children's Theatre, has utilized the City-owned, 99 seat, 4,999 square foot Seventh Street Community Theatre, located at 13123 7 th Street, to conduct nationally recognized programs for the Chino community.

Because of the benefit these programs offer to the residents of Chino, and the fac t that the City does not possess the expertise and ability to provide these programs, the City has entered into a partnership with the Chino Community Theatre and Chino Community Children's Theatre to offer a community theatre program in Chino.

The City has been able to provide the physical facilities the Chino Community Theatre and Chino Community Children’s Theatre requires in order to conduct a community theatre program.

ISSUES/ANALYSIS
Approval of this facilities use agreement will allow the conti nued operation of the Chino Community Theatre and Chino Community Children’s Theatre in the City owned Seventh Street Community Theatre. The facilities use agreement has been reviewed and approved by the City Attorney.

Attachment: Seventh Street Community Theatre Facilities Use Agreement

31 Facilities Use Agreement with Chino Community Theatre/Chino Community Children’s Theatre CONTRACT NO.: ___________
APPROVED: ___________

FACILITIES USE AGREEMENT

This “Facilities Use Agreement” is made and entered into this 2nd day of July, 2024, by and between the CHINO COMMUNITY THEATRE and CHINO COMMUNITY CHILDREN’S THEATRE, each a California non-profit corporation, (hereinafter collectively referred to as “Theatre”) and the CITY OF CHINO, a California municipal corporation (hereinafter referred to as “City”), together referred to as “Parties.”

WITNESSETH

WHEREAS, City recognizes the benefit that local theater brings to the community; and

WHEREAS, Theatre is willing and able to provide community theater programs to the City and its environs, but lacks the resources to provide the facilities to locate such community theatre programs; and

WHEREAS, City is able to provide the physical facilities that Theatre requires in order to operate the nationally recognized Chino Community Theatre and Chino Community Children’s Theatre programs for the community.

NOW, THEREFORE, in con sideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:

AGREEMENT

1. TERM; RENEWAL.

This Agreement shall, unless sooner terminated as hereinafter provided, remain in force for a period of 10 years commencing July 2, 2024, or the date of approval by the City Council, whichever is later, and terminating on July 1, 2034. No earlier than one hundred -twenty (120) days, and no later than sixty (60) days, prior to the end of the term hereof, the Parties shall meet and confer in good faith to negotiate continuing this Agreement for an additional period and the terms thereof; provided that neither party shall be required to continue this Agreement beyond the original term, that neither party shall be required to negotiate for more than one hundred twenty (120) days, and that neither party shall be prevented from exercising any rights retain ed under this Agreement solely because of such negotiations . At any time during the term hereof, the obligations of the parties hereunder may be terminated in accordance with the provisions of Section 5 below.

2. DUTIES.

2.1 City shall permit Theatre use of the Seventh Street Community Theatre Building (the “Building”), of approximately 4,990 square feet in size, located at 13123 Seventh Street, Chino, California. City shall provide heating, cooling, electrical, and plumbing services to the Building as well as exterior improvements and maintenance and care. C ity shall also provide 32 2
Lease Agreement with Chino Community Theatre/Chino Community Children’s Theater basic custodial services to the interior of the Building. City shall be responsible for all utility and internet charges incurred by the Building, except telephone service.

2.2 Theatre shall provide all theat er-related expertise and volunteers necessary for conducting a community theat er program, including light maintenance and care needed for the interior and exterior of the B uilding. T heatre shall be responsible for al l telephone charges as they are incurred.

2.2.1 Theater shall operate the Building as a community theater for residents and to enhance the performing arts in City.

2.2.2 The Building shall continue as the “Seventh Street Community Theatre.”

2.2.3 Theatre shall be solely responsible for the ope ration of theater operations in the Building, including all clerical, administrative, and ticketing services.

2.2.4 Any fundraising that may be necessary for the operational costs shall be the responsibility of Theatre.

3. RENT.

Theatre shall pay to City as rent for the Building, One Dollar ($1.00) per year, the first payment being due on the date on which this Agreement is executed, and each subsequent payment on the anniversary of the date of this Agreement.

4. CITY ACCESS.

4.1 City and its authorized representatives shall have the right to enter the Building at all reasonable times during hours of operation to determine the condition of the Building or to make necessary repairs. City and its authorized rep resentatives shall have the right to enter the Building during non -business hours if it deems that there is an emergency or a potential emergency in or around the Building and such entry is necessary to respond to the emergency.

4.2 City also reserves the right to use the Building periodically for meetings and other City business. In this case, City will consult with Theatre on the date and time of such use and will provide a minimum of 48 hours’ notice to Theatre.

5. TERMINATION.

Either party may ter minate this Agreement with or without cause upon ninety (90) days’ written notice to the other party of its election to so terminate.

6. INSURANCE.

6.1 The City shall be responsible for general liability for claims, losses, injuries, and actions by third parties arising out of incidents that occur outside the Building, except when those incidents are the result of the acts or omissions of Theatre or its officers, employees, agents, contractors, or volunteers.
33 3
Lease Agreement with Chino Community Theatre/Chino Community Children’s Theater

6.2 Theatre shall be responsible for general liability for claims, losses, injuries, and actions by third parties arising out of incidents that occur inside the Building, except when those incidents are the solely result of the acts or omissions of City or its officials, officers, employees, agents, or volunteers.

6.3 Theatre only, and not City, shall be responsible for any damage to or loss of any personal property that belongs to Theatre while said property is in the building.

6.4 Theatre shall provide proof satisfactory to City of General Liability Insurance with limits of $1 million dollars, with an additional insured endorsement reading, “City of Chino, its officers, officials, employees, agents and volunteers.” Said insurance shall cover the Building. If Theatre employs any employees, Theatre must provide proof satisfactory to City that Theatre meets the State’s workers’ compensation insurance requirements.

6.5 Theatre shall maintain insurance coverage in full force and effect, throug hout the term of this Agreement, at its own expense , naming the City as an additional insured . At least thirty (30) days prior to the expiration of the foregoing insurance policies, Theatre will furnish to City an original certificate of insurance which states that such policy will not be cancelled, reduced in scope or limits of coverage, or materially amended without at least thirty (30) days prior notice to City. Failure to provide such proof shall be ground for immediate termination of this Agreement by City.

7. GENERAL CONDITIONS AND PROVISIONS.

7.1 NOTICE. All notices under this Agreement shall be in writing and shall be delivered by personal service or by certified or registered mail, postage prepaid, return receipt requested. Any written notice to any of the Parties required or permitted hereunder shall be deemed to have been duly given on the date of service if served personally or if served by facsimile transmission (with confirmation of receipt), or seventy -two (72) hours after the mailing. Rejection or other refusal to accept or the inability t o deliver because of changed address of which no notice was given as provided hereunder shall be deemed to be receipt of the notice, demand or request sent. Notices to the Parties shall be addressed as follows:

To City: Silvia Avalos
Director of Community Services, Parks & Recreation
City of Chino
13220 Central Avenue
Chino, CA 91710

To Theatre: Paul Larson
President
Chino Community Theatre
13123 Seventh Street
Chino, CA 91710

Debra Barbin
President
Chino Community Children’s Theatre
34 4
Lease Agreement with Chino Community Theatre/Chino Community Children’s Theater 13123 Seventh Street
Chino, CA 91710

Each party shall provide the other party with telephonic and written notice of any change in address as soon as practicable.

7.2 INDEMNIFICATION. Theatre shall indemnify, defend, and hold City, its officials, officers, employees, volunteers, and agents harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state or municipal law or ordinance, or other cause in connection with the acts or omissions of Theatre, its employees, volunteers, performers, or agents, except for any such claim arising out of the sole negligence or willful misconduct of City, its officials, officers, employees, volunteers, or agents.

It is understood that the duty of Theatre to indemnify and hold harmless includes the duty to defend as set forth in section 2778 of the California Civil Code. Within fifteen (1 5) days of City’s notice that it has been made a party to an action arising out of the acts or omissions of Theatre, its employees, volunteers, performers, or agents under this Agreement, Theatre shall provide a defense to the City in that action. Accepta nce of insurance certificates and endorsements required under this Agreement does not relieve Theatre from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insuran ce policies shall have been determined to be applicable to any of such damages or claims for damages.

7.3 TAXES. If applicable, Theatre shall pay prior to delinquency any and all (i) personal property taxes, and (ii) possessory interest taxes attributab le to the Building. Theatre is aware that this leasehold may be subject to possessory interest taxes as assessed by the County of San Bernardino. However, as a non -profit public benefit entity, Theatre shall have the right to apply for an exemption from al l real estate taxes. If taxes are imposed, Theatre shall indemnify, defend and hold harmless City against any and all such taxes, fees, penalties or interest assessed, or imposed against City hereunder. In the event Theatre fails to timely pay any tax, ass essment, fee, penalty or interest, City, at its option, shall have the right to pay such charge and treat such payment as additional rent to be charged to Theatre and paid by Theatre to City within five (5) days after receipt of written notice from City.

7.4 SURRENDER OF PREMISES; HOLDING OVER. On termination of this Agreement, Theatre shall promptly surrender and deliver the Premises to City in good condition and repair subject to reasonable wear and tear and shall surrender all keys to the Premises. If Theatre holds over for any reason, it is agreed, in absence of a written agreement to the contrary, tenancy shall then be from month -to-month only and not a renewal of this Agreement, or an extension of the Term. Upon any holdover, Theatre shall pay monthl y rent in an amount established by City pursuant to written notice to Theatre, and the month -to-month tenancy shall be subject to every other term, covenant and condition in this Agreement that is consistent with and not contrary to a month-to-month tenancy.

7.5 GOVERNING LAW. This Agreement shall be governed by, construed in accordance with and interpreted under the laws of the State of California and shall be deemed to have been entered into in Chino, California , for purposes of venue no matter where actually was executed.
35 5
Lease Agreement with Chino Community Theatre/Chino Community Children’s Theater

7.6 SEVERABILITY. If any provision of this Agreement shall be determined to be contrary to law or unenforceable, the remaining provisions shall, at the option of the part y who would have b enefited by such unenforceable provision, be severable and enforceable in accordance with their terms.

7.7 ENTIRE AGREEMENT. This Agreement constitute s the entire agreement between the Parties. No changes of, modification o f, or additions to th is Agreement shall be valid unless the same shall be in writing, signed by the Parties hereto, and made in accordance with the provisions of this Agreement.

7.8 HEADINGS. The headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.

7.9 MISCELLANEOUS. The agreements contained herein shall not be construed in favor of or against either party, but shall be construed as if both Parties prepared this Agreement.

The masculine and neuter genders, the singular num ber and the present tense shall be deemed to include the feminine gender, the plural number and past and future tense, respectively, where the context so requires.

8.0 FURTHER DOCUMENTS AND ACTIONS. The Parties shall deliver such other documents or take such other actions as any other party may reasonably request in connection with the consummation of or evidencing the transactions contemplated in this Agreement.

8.1 COUNTERPARTS. This Agreement may be executed in multiple identical counterparts, and may be exchanged by fax transmission, each of which shall be deemed an original, but all of which together will constitute one and the same instrument.

36 6
Lease Agreement with Chino Community Theatre/Chino Community Children’s Theater

37 7
Lease Agreement with Chino Community Theatre/Chino Community Children’s Theater IN WITNESS WHEREOF, the Parties have execu ted this Agreement as of the date and year first above written.

APPROVED AS TO FORM:

By:

City Attorney

CITY OF CHINO:

By:

Linda Reich, City Manager

ATTEST:

By:

Natalie Gonzaga, City Clerk

APPROVED AS TO CONTENT:

By:

Silvia Avalo s, Director of Community
Services, Parks and Recreation

CHINO COMMUNITY THEATRE:

By:

Paul Larson, President

By:

Julie Mort, Secretary

CHINO COMMUN ITY CHILDREN’S
THEATRE:

By:

Debra Barbin, President

By:

Elizabeth Cisneros, Vice President

38 MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 2, 2024

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: WARREN MORELION, AICP, DIRECTOR OF DEVELOPMENT SERVICES

SUBJECT
..titl e
Lewis Companies Development Agreement Annual Compliance Certification. ..end

RECOMMENDATION
1) Certify that Chino Development Corporation, Chino Preserve Development Corporation, and Chino Holding Company, LLC are in compliance with the requirements of the Amended and Restated Development Agreement; 2) approve the issuance of a Certificate of Compliance ; and 3) authorize the Director of Development Services to sign the Certificate of Compliance. ..body

FISCAL IMPACT
There is no fiscal impact.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above will further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 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. 39 CITY COUNCIL MEETING DATE: JULY 2, 2024
TITLE: LEWIS COMPANIES DEVELOPMENT AGREEMENT ANNUAL COMPLIANCE CERTIFICATION.

PAGE: 2

BACKGROUND
On June 6, 2 023, the City entered into an Amended and Restated Development Agreement (“Development Agreement”) with three entities of the Lewis Operating Company known as Chino Development Corporation, Chino Preserve Development Corporation, and Chino Holding Company, LLC (collectively, “Owners”). The Development Agreement was executed to help guide the orderly development of The Preserve, which was envisioned as a master planned residential and commercial community. Further, the Development Agreement set out the terms and conditions for development on Owners’ property and established the rights and obligations of Owners and the City during the course of development.

The Amended Development Agreement supersedes the prior development agreement between the parties, entered into in June 2004, and amen ded several times (collectively, “Original DA”).

At the time of the Original DA approval, Owners owned or controlled 1,125 of the approximately 2,500 developable acres in The Preserve. Since the time of the Original DA, Owners have acquired additional pro perty for future development and disposed of some parcels to other developers to complete the required development obligations under the Original DA. The current Development Agreement provides for Owners to construct residential units and other improvements in The Preserve and comply with several obligations to the City within certain timelines, some of which are relevant to the reporting period covered by this report, as further described below.

ISSUES/ANALYSIS
The Development Agreement requires an annual review of the terms and conditions of the Development Agreement, along with the production of an Annual Monitoring Report. Pursuant to Article 11 of the Development Agreement, the Owners are required to produce an annual monitoring report demonstra ting the Owners’ compliance with the terms and conditions of the Development Agreement. Upon receipt of the monitoring report, City staff is to conduct an analysis of the report to determine its accuracy, and then submit a report to the City Council indicating compliance or lack of compliance with the terms and conditions of the Development Agreement. The Owners have the right to request a formal Certificate of Compliance from the City Council.

On June 5, 2024, Owners submitted the annual monitoring repor t to the City, and staff has completed its analysis of the information contained in the report. Based on the review of the annual monitoring report, staff has determined that the Owners are in compliance with all of the requirements of the Development Agreement for the period July 1, 2023 through June 30, 2024.

The following describes the requirements for the relevant reporting period and statements of Owners’ compliance with each requirement:
a. Per Section 4.3 “Schedule of Development” of the Development Agreement, Owners were required to prioritize Block 3 Low Density Residential Units. Owners are currently developing the required units in accordance with this requirement. b. Per Section 4.3 “Schedule of Development” of the Development Agreement, Owners are required to develop an average of 100 units per year retroactively between July 1, 2020 through June 30, 2024 for a total of 400 units. This obligation has been completed. c. Per Section 5.4 “RV Parking” of the Development Agreement, Owners were requir ed to contract with a third party to provide for 50 recreational vehicle parking spaces at the 40 CITY COUNCIL MEETING DATE: JULY 2, 2024
TITLE: LEWIS COMPANIES DEVELOPMENT AGREEMENT ANNUAL COMPLIANCE CERTIFICATION.

PAGE: 3

College Park Community. Owners have contracted with a third party for such 50 RV spaces in accordance with this requirement.
d. Per Section 6.1 “Entry Signage a nd Monumentation” of the Development Agreement, Owners were required to pay to City $50,000 for monument signs at Garden Park and Forest Park. On July 26, 2023, Owners paid such amount to the City in accordance with this requirement.

Owners have requested that the City provide them with a formal Certificate of Compliance relating to this annual review. A copy of the Annual Monitoring Report is attached as Exhibit “A”.

Attachment: Exhibit “A” – Annual Monitoring Report

41 THE PRESERVE DEVELOPMENT AGREEMENT ANNUAL MONITORING REPORT July 1, 2023-June 30, 2024
Section 4.3 Schedule of Development-Owner to prioritize Block 3 Low Density Residential ("LDR") Units-this area Block 3A is being developed now. Owner required to average 100 units per year retroactively between July 1, 2020-June 30, 2024 for a total of 400 units. This was completed.

Section 5.4 RV Parking-Owner contracted with a third party to provide for 50 RV Parking spaces at College Park Community.

Section 6.1 Entry Signage and Monumentation-Owner paid $50,000 to city 7/26/23 for monument signs at Garden Park and Forest Park.
42 @BCL@4016EAD5 1

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

CITY OF CHINO
PO BOX 667
CHINO, CA 91708-0667
ATTN: DEVELOPMENT SERVICES

DEPARTMENT

Fee Exempt – Government Code 6103 SPACE ABOVE THIS LINE FOR RECORDER’S USE

CERTIFICATE OF AGREEMENT COMPLIANCE DEVELOPMENT
AGREEMENT/ANNUAL MONITORING REPORT 2023-24

WHEREAS, the City of Chino (“City”) and Chino Holding Company, Chino Preserve Development Corporation, and Chino Development Corporation ( individually, “Owner” and collectively, “Owners”) entered into an Amended and Restated Development Agreement (“Agreement”) on June 6, 2023 related to several parcels of rea l property (“Property”) as described in the Agreement; and

WHEREAS, the City Council of the City of Chino approved the Agreement by adoption of Ordinance No. 2023-011 on June 20, 2023; and

WHEREAS, the City Clerk of the City of Chino recorded a copy of the Agreement with the County Recorder of San Bernardino County on July 26, 2023 as Document No. 2023-0182285, pursuant to Government Code Section 65868.5, in accordance with Section 4 of such Ordinance; and

WHEREAS, On June 5, 2024, per the terms of the Development Agreement, Owners submitted an Annual Monitoring Report to the City for the years 2023-24; and

WHEREAS, the City Manager submitted a report to the City Council containing the City staff analysis of such annual monitoring report, setting forth the evidence concerning good faith compliance with the terms of the Development Agreement and recommending findings on that issue; and

WHEREAS, on July 2, 2024, the City Council reviewed the Annual Monitoring Report to ascertain the good faith compliance by Owners with the terms of the Development Agreement, and consistency of the Development during the term o f the Development Agreement with respect to any schedule submitted by Owners for completion of all development of the Property within the term of the Development Agreement, together with the City staff’s analysis of the Annual Monitoring Report; and

WHEREAS, Owners has requested the City to issue a Certificate of Compliance in accordance with Section 11.6 of the Development Agreement.

NOW THEREFORE, the City Council of the City of Chino hereby finds, determines, and declares as follows:
43 @BCL@4016EAD5 2

SECTION 1.

A. The Owners are in good faith compliance with the Development Agreement.

B. The City acknowledges that:

a. Per Section 4.3 “Schedule of Development” of the Development Agreement, Owners were required to prioritize Block 3 Low Density Residential Units.

Owners are c urrently developing the required units in accordance with this requirement.

b. Per Section 4.3 “Schedule of Development” of the Development Agreement, Owners are required to develop an average of 100 units per year retroactively between July 1, 2020 through June 30, 2024 for a total of 400 units. This obligation has been completed.

c. Per Section 5.4 “RV Parking” of the Development Agreement, Owners were required to contract with a third party to provide for 50 recreational vehicle parking spaces at the College Park Community. Owners have contracted with a third party for such 50 RV spaces in accordance with this requirement.

d. Per Section 6.1 “Entry Signage and Monumentation” of the Development Agreement, Owners were required to pay to City $50,000 for monument signs at Garden Park and Forest Park. On July 26, 2023, Owners paid such amount to the City in accordance with this requirement.

C. For the period of July 1, 2023 through June 30, 2024, and b ased on the information known or made known to the City C ouncil of the City of Chino after the most recent Review, the Development Agreement remains in effect; and no Owner is in default.

SECTION 2.

A. Any Owner may record this Certificate with the County Recorder.

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

CITY OF CHINO

By:

Warren Morelion, AICP
Director of Development Services
ATTEST:

By:

Natalie Gonzaga, City Clerk
44 MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 2, 2024

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

SUBJECT
..titl e
Professional Services Agreement – Hinderliter, de Llamas and Associates (HdL). ..end

RECOMMENDATION
1) Approve a Professional Services Agreement with Hinderliter, de Llamas and Associates in an amount not to exceed $140,000 annually for Sales Tax Audit and Information Services with up to two, one-year extensions; 2) approve an additional appropriation of $80,000 from the General Fund; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.
..body

FISCAL IMPACT
Requires an additional appropriation of $80,000 from the unappropriated reserves of the General Fund 100 to cover the additional services and tax recovery payments anticipated during FY 2024-25. There are sufficient reserves in the General Fund for this appropriation.

Revenue: Click or tap here to enter text.

Expenditure: 1003000-43515
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 45 CITY COUNCIL MEETING DATE: JULY 2, 2024
TITLE: PROFESSIONAL SERVICES AGREEMENT - HINDERLITER, DE LLAMAS AND ASSOCIATES (HDL).

PAGE: 2

BACKGROUND
The City utilizes Hinderliter, de Llamas and Associates (HdL) for Sales and Use Tax Services and Transaction Tax Services . The services provided by HdL include the following main components: 1) sales tax collection reporting and analysis; 2) sales tax recovery from misallocations to other jurisdictions and 3) transaction tax audit, economic analysis/forecasting and related services pertaining to the voter approved Measure V on March 5, 2024.

The Adopted FY 2024 -25 Budget includes $60,000 for normal ongoing services provided by HdL.

ISSUES/ANALYSIS
HdL currently serves over 400 clients (35 2 cities and 50 counties). HdL serves the majority of cities and counties in California. This enables HdL to compile the most extensive database in the State, and, therefore, the best access to cross -reference possible misallocations between cities. Therefore, HdL is more efficient in recovering Chino’s misalloc ated revenue than any other company with a limited access to local sales tax records. HdL has an in depth understanding of the City’s sales tax sources and the technical expertise to perform the work required.

The breakdown of the annual HdL services are:
 Sales and Use Tax Recovery Services ($137,600) - estimate based on anticipated recovery amounts in FY 2022-25
 Transaction Tax Services ($2,400) – based on the $200 per month fee The $137,600 estimate for sales tax recovery is for sales taxes that are misallocated to other agencies. HdL researches misallocation of the local sales tax revenue by individual businesses located in Chino . Once a misallocation is identified, HdL processes the necessary documents with the California Department of Tax and Fee Administration (CDTFA) to recover these taxes for the City. If HdL recovers revenue for the City, they receive 15% of the recovered sales tax revenue for eight consecutive reporting quarters. Th e City retains the remaining 85% during that time and 100% afterwards.

With the passing of Measure V, HdL has also established a database containing all applicable CDTFA registration data for each business within the Measure “V” boundaries holding a seller’s permit account. The database will be utilized to generate reports, conduct on -going reviews to identify and correct unreported transactions and tax payments and distribution errors resulting in the recovery of previously unrealized revenue. The monthly fee is $200 plus 25% of the initial amount of new transactions or use tax revenue received by the City because of audit and recovery work performed by HdL.

Because sales tax and transaction tax information are considered confidential, the State requires that only designated City staff, or those specifically authorized, can obtain this information from the State. The City of Chino has authorized HdL to work on its behalf s ince 2003.

Therefore, staff recommends that the City award a single source contract to HdL for an amount not to exceed $140,000 annually for sales tax and transaction tax services and appropriate an additional $80,000 from the General Fund for the anticipated recovery amounts for the FY 2024-

25. The contract will be for one year with the option to extend two (2) additional years.

46 CITY COUNCIL MEETING DATE: JULY 2, 2024
TITLE: PROFESSIONAL SERVICES AGREEMENT - HINDERLITER, DE LLAMAS AND ASSOCIATES (HDL).

PAGE: 3

Attachment – HdL Agreement

RB/CW:hm

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

01225.0001/863604.2 (Long Form)

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF CHINO AND

HINDERLITER, DE LLAMAS &ASSOCIATES
THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 3rd day of July, 2024 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and Hinderliter, de Llamas & Associates (“Consultant”). City and Consultant may be referred to individually as “Party” or collectively as “Parties.”

RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.

C. Pursuant to the City of Chino’s Municipal Code, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For 48 01225.0001/863604.2 2
purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

The Scope of Services shall include the scope of work included in Consultant’s proposal, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.

1.4 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code Section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, as they pertain to such work, including the following requirements:
(a) DIR Monitoring and Enforcement. The public work and/or maintenance work performed under this Agreement shall be subject to compliance monitoring and enforcement by the Department of Industrial Relations (“DIR”). Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Consultant acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. 49 01225.0001/863604.2 3
(d) Payroll Records. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day. Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. By executing this Agreement, and in accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
(i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract 50 01225.0001/863604.2 4
with any subcontractor for work under this Agreement. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement.

Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.6 Familiarity with Work.

By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Project Manager.

1.7 Software and Computer Services.

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

1.8 Care of Work.

The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be 51 01225.0001/863604.2 5
responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.

1.9 Further Responsibilities of Parties.

Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

1.10 Additional Services.

City shall have the right, subject to state law and the City’s Municipal Code, at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Project Manager to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation for extra work shall require the approval of City Council unless the City Council has previously authorized the City Manager to approve an increase in compensation and the amount of the increase does not exceed such authorization. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.11 Special Requirements.

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

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed One-Hundred Forty Thousand Dollars and Zero Cents 52 01225.0001/863604.2 6
($140,000.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Project Manager in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.

Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

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

All invoices shall be submitted by email to [email protected]. Each invoice is to include:
(a) Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
(b) Line items for all materials and equipment properly charged to the Services.
(c) Line items for all other approved reimbursable expenses claimed, with supporting documentation.
(d) Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. (e) If this Agreement requires prevailing wages, per Section 1.4 of the Agreement, all invoices shall include a copy of Consultant’s Certified 53 01225.0001/863604.2 7
Payroll and proof that Certified Payroll has been submitted to the DIR.

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

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

2.5 Waiver.

Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

2.6 Contingency of Funds.

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

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance.

Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the 54 01225.0001/863604.2 8
Schedule of Performance may be approved in writing by the Project Manager but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure.

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

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, which shall be no later than June 30, 2025, except as otherwise provided in the Schedule of Performance (Exhibit “D”).

This Agreement may be renewed by a written amendment for up to an additional two (2) year(s) at the option of the City if the City is satisfied with the quality of services performed by Consultant under this Agreement.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

Andrew Nickerson President (Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.

Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the 55 01225.0001/863604.2 9
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement.

Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Consultant.

Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.

4.3 Project Manager.

The Project Manager shall be Rob Burns or any other person as may be designated by the Project Manager. It shall be the Consultant’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.

The Project Manager shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Consultant.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

56 01225.0001/863604.2 10

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. 57 01225.0001/863604.2 11
(d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
58 01225.0001/863604.2 12
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements 59 01225.0001/863604.2 13
of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
60 01225.0001/863604.2 14
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Consultant shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant 61 01225.0001/863604.2 15
agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein.

All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. 62 01225.0001/863604.2 16
(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

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

7.2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear 63 01225.0001/863604.2 17
to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

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

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

7.5 Rights and Remedies are Cumulative.

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

7.6 Legal Action.

In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Consultant and its sureties shall be liable for and shall pay to the City the sum of Zero ($0.00) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold from any monies payable on account of services performed by the Consultant any accrued liquidated damages.

7.8 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this 64 01225.0001/863604.2 18
Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Project Manager. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Project Manager. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Project Manager thereafter in accordance with the Schedule of Compensation or such as may be approved by the Project Manager, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.9 Termination for Default of Consultant.

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

7.10 Attorneys’ Fees.

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
65 01225.0001/863604.2 19

8.2 Conflict of Interest.

Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Project Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

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

8.4 Unauthorized Aliens.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City 66 01225.0001/863604.2 20
Manager and to the attention of the Project Manager (with her/his name and City title), City of Chino, 13220 Central Avenue, Chino, California 91710 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

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

9.3 Counterparts.

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

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of 67 01225.0001/863604.2 21
“financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials _______

9.7 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
68 01225.0001/863604.2 22
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF CHINO, a municipal corporation

Linda Reich, City Manager
ATTEST:

Natalie Gonzaga, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

ALESHIRE & WYNDER, LLP
_____________________________ _____________________________

Fred Galante, City Attorney Rob Burns, Department Director

CONSULTANT:

HINDERLITER, DE LLAMAS &

ASSOCIATES
By:

Name: Robert Gray
Title: Vice President
Address:120 S. State College Blvd.

Suite 200
Brea, CA 92821
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. 69 01225.0001/863604.2 A-1
EXHIBIT “A”

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

70 01225.0001/863604.2 A-2
II. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

71 1248933.1 Page 1 of 5

SERVICES – Sales and Use Tax

1. Sales and Use Tax and Economic Analysis/Forecasting Services/Reports

1.1. Establish a special database identifying the name, address, and quarterly allocations of all sales tax producers within the City. This database will be utilized to generate special reports to City on major sales tax producers by rank and category, sales tax activity by categories, or business districts, identification of reporting aberrations, and per capita and outlet comparisons with regional and statewide sales.

1.2. Provide periodic updated reports to City identifying changes in sales by individual businesses, business groups and categories, and by geographic area. These reports may include, without limitation, quarterly aberrations due to State audits, fund transfers, and receivables, along with late or double payments, and quarterly reconciliation worksheets to assist with budget forecasting.

Consultant shall meet quarterly by in person or virtually with City.

1.3. Shall additionally provide following each calendar quarter a summary analysis for City to share with Council Members, Chamber of Commerce, other economic development interest groups and the public that analyze City’s sales tax trends by major groups and geographic areas without disclosing confidential individual tax records.

1.4. Establish a special database with California Department of Tax and Fee Administration (“CDTFA”) registration data for businesses within applicable district boundaries holding seller’s permit accounts.

1.5. Periodically license for the limited, non-exclusive, non-transferable use by City’s staff certain of Consultant’s web-based sales, use and/or transactions tax program(s) containing sellers permit, registration, allocation and related information for business outlets within City’s jurisdiction registered with the CDTFA.

1.6. Provide periodic updated reports endeavoring to identify and assist with budget forecasting (i) changes in allocation totals by individual businesses, business groups and categories, and (ii) aberrations due to State audits, fund transfers, and receivables, along with late or double payments.

2. Allocation and Audit Recovery Services

2.1. Conduct (when mutually agreed with City) initial and on-going sales and use tax audits of businesses to help identify and correct distribution and allocation errors, and to proactively affect favorable registration, reporting or formula changes thereby generating previously unrealized sales and use tax income for the City and/or recovering misallocated tax from registered taxpayers.

Common errors that will be monitored and corrected include but are not limited to: transposition errors resulting in misallocations; erroneous consolidation of multiple outlets; formula errors; misreporting of “point of sale” to the wrong location; delays in reporting new outlets; misallocating use tax payments to the allocation pools or wrong jurisdiction; and erroneous fund transfers and adjustments.

2.2. Initiate contacts with the CDTFA and sales management and accounting officials in companies that have businesses where a probability of error exists to endeavor to help verify whether current tax receipts accurately reflect the local sales activity. Such contacts will be conducted in a professional and courteous manner.

2.3. Prepare and submit to the CDTFA information for the purpose of correcting any identified allocation errors, and follow-up with individual businesses and the CDTFA to promote recovery by the City of back or prospective quarterly payments that may be owing.

2.4. If, during the course of its audit, Consultant finds businesses located in the City’s jurisdiction that are properly reporting sales and use tax but have the potential for modifying their operation to Exhibit A-1
72 1248933.1 Page 2 of 5

provide an even greater share to City, Consultant may so advise City and collaborate with those businesses and City to encourage such changes.

SERVICES – Transactions Tax Services

3. Transactions Tax and Economic Analysis/Forecasting Services/Reports

3.1 Consultant shall establish a database containing all applicable Department of Tax and Fee Administration (CDTFA) registration data for each business within the Measure “V” District boundaries holding a seller’s permit account. Said database shall also identify the quarterly transactions and use tax allocations under each account for the most current and previous quarters where available.

3.2 Consultant shall provide updated reports each quarter identifying changes in allocation totals by individual businesses, business groups and by categories. Quarterly aberrations due to State audits, fund transfers, and receivables, along with late or double payments, will also be identified.

Quarterly reconciliation worksheets to assist finance officer with budget forecasting will be included.

3.3. Consultant shall advise and work with CITY Staff on planning and economic questions related to maximizing revenues, preparation of revenue projections and general information on transactions and use tax questions.

3.4. Consultant shall make available to CITY the HdL proprietary software program and Measure “V” database containing all applicable registration and quarterly allocation information for CITY business outlets registered with the Department of Tax and Fee Administration. The database will be updated quarterly.

4. Deficiency/Allocation Reviews and Recovery

4.1. Consultant shall conduct on-going reviews to identify and correct unreported transactions and tax payments and distribution errors thereby generating previously unrealized revenue for the City.

Reviews shall include:

4.1.(a) Comparison of county-wide local tax allocations to transactions tax for brick and mortar stores and other cash register-based businesses, where clearly all transactions are conducted on-site within the Measure “V” City boundaries, and therefore subject to transactions tax.

4.1.(b) Review of any significant one-time use tax allocations to ensure that there is corresponding transaction tax payments for taxpayers with nexus within the City boundaries.

4.1.(c) Review of state-wide transactions tax allocations and patterns to identify any obvious errors and omissions.

4.1.(d) Identification and follow-up with any potentially large purchasers of supplies and equipment (e.g. hospitals, universities, manufacturing plants, agricultural operations, refineries) to ensure that their major vendors are properly reporting corresponding transactions tax payments to the Measure “V” Transactions Tax District.

4.2. Consultant will initiate, where the probability of an error exists, contacts with the appropriate taxpayer management and accounting officials to verify whether current tax receipts accurately reflect the local sales activity. Such contacts will be conducted in a professional and courteous manner so as to enhance CITY’s relations with the business community.

73 1248933.1 Page 3 of 5

4.3. Consultant shall prepare and submit to the Department of Tax and Fee Administration all information necessary to correct any allocation errors and deficiencies that are identified and shall follow-up with the individual businesses and the California Department of Tax and Fee Administration to ensure that all back quarter payments due the CITY are recovered.

5. Consulting and Other Optional Services
Consultant may from time to time in its sole discretion, consult with City’s staff, including without limitation, regarding (i) technical questions and other issues related to sales, use and transactions tax, (ii) utilization of reports to enhance business license collection efforts, (iii) sales tax projections for proposed annexations, economic development projects and budget planning, (iv) negotiating/review of tax sharing agreements, (v) establishing purchasing corporations, (vi) meeting with taxpayers to encourage self-assessment of tax obligations, and (vii) other sales, use or transactions tax revenue- related matters.

FEES – Sales and Use Tax Services

6. Sales and Use Tax and Economic Analysis/Forecasting Services/Reports

6.1. Fees for performing the sales tax and economic analysis/forecasting Services as described above shall initially be $840.00 per month, commencing with the month of the Effective Date (hereafter referred to as “monthly fee”). The monthly fee shall be invoiced quarterly in arrears, and shall be paid by City no later than 30 days after the invoice date.

6.2. Consultant may change the non-hourly Fees established above once a year. Any such change must be with reference to the 12-month percent change in the most recently published annual Consumer Price Index for All Urban Consumers (CPI-U), as reported by the U.S. Bureau of Labor Statistics (the “CPI Change”).

7. Allocation and Audit Recovery Services

7.1. Fees for performing the allocation and audit recovery Services described above shall be 15% of all new, increased and recovered sales and use tax revenue received by the City as a result, in whole or in part, of the allocation audit and recovery services (hereafter referred to as “audit fee”).

The fee shall be paid notwithstanding any related City assistance, work in parallel, and/or incurrence of attorneys’ fees or other costs or expenses in connection, with the relevant Services.

7.2. The Fee described above include, without limitation, State fund transfers received for back quarter reallocations and monies received in the second eight (8) consecutive reporting quarters following completion of Consultant’s allocation audit and confirmation of the corrections by the CDTFA.

7.3. These Fees shall be paid by City upon Consultant’s submittal of evidence of Consultant’s relevant Services in support thereof, including, without limitation, copies of relevant communications between Consultant and the CDTFA and/or taxpayers.

FEES – Transactions Tax Services

8. Transactions Tax and Economic Analysis/Forecasting Services/Reports

8.1. Fees shall be paid $200 monthly billed quarterly for the transaction district tax reports that we include with the quarterly sales tax analyses. The monthly fee shall be invoiced quarterly in arrears and shall be paid by City no later than 30 days after the invoice date.

8.2. Consultant may change the non-hourly Fees established above once a year. Any such change must be with reference to the 12-month percent change in the most recently published annual Consumer 74 1248933.1 Page 4 of 5

Price Index for All Urban Consumers (CPI-U), as reported by the U.S. Bureau of Labor Statistics (the “CPI Change”).

9. Allocation and Audit Recovery Services

4.1 Fees shall be paid 25% of the initial amount of new transactions or use tax revenue received by the City because of audit and recovery work performed by Consultant, (hereafter referred to as "audit fees"). New revenue shall not include any amounts determined and verified by City or Consultant to be increment attributable to causes other than Consultant’s work pursuant to this agreement. In the event, Consultant is responsible for an increase in the tax reported by businesses already properly making tax payments to the City, it shall be Consultant’s responsibility to separate and support the incremental amount attributable to its efforts prior to the application of the audit fee.

Said audit fees will apply to state fund transfers received for those specific quarters identified as being missing and/or deficient following completion of the audit by Consultant and confirmation of corrections by the California Department of Tax and Fee Administration but shall not apply prospectively to any future quarter. Consultant shall provide City with an itemized quarterly invoice showing all formula calculations and amounts due for audit fees.

10. Consulting and Other Optional Services

10.1. Fees for performing the consulting and other optional Services described above shall be based on the following initial hourly rates: (i) Principal - $325; (ii) Programmer - $295; (iii) Senior Analyst - $245; and (iv) Analyst - $195.

10.2. Consultant may change the rates for its hourly Fees from time to time. A 30 days’ prior written notice to City will be given.

11. General Provisions Relating to Fees

11.1. Fees for travel and lodging expenses will be invoiced at cost and applied to all meetings (including implementation, training, operations and support). Travel expenses only apply to out of scope travel and must therefore be pre-approved by City.

11.2. Fees will be invoiced monthly to City for Services performed during the prior month. To the extent that Consultant has commercially reasonable means to do so, Fees will be netted out of City’s monthly revenue disbursement.

12. Confidentiality Information
Section 7056 of the State of California Revenue and Taxation Code (“R&T Code”) specifically limits the disclosure of confidential taxpayer information contained in the records of the CDTFA. Section 7056 specifies the conditions under which a city, county or district may authorize persons other than such city, county or district’s officers and employees to examine state sales and use tax records.

The following conditions specified in Section 7056-(b)(1) of the State of California R&T Code are hereby made part of this Agreement:

12.1. Consultant is authorized by this Agreement to examine sales, use or transactions and use tax records of the CDTFA provided to City pursuant to contract under the Bradley-Burns Uniform Local Sales and Use Tax Law R&T Code Section 7200 et.seq.

12.2. Consultant is required to disclose information contained in, or derived from, those sales or transactions and use tax records only to an officer or employee of City who is authorized by City resolution provided to the CDTFA to examine the information. 75 1248933.1 Page 5 of 5

12.3. Consultant is prohibited from performing consulting services for a retailer (as defined in R&T Code Section 6015), during the term of this agreement.

12.4. Consultant is prohibited from retaining the information contained in or derived from those sales, use or transactions and use tax records after this agreement has expired. Information obtained by examination of the CDTFA records shall be used only for purposes related to collection of local sales and use tax or for other governmental functions of the City as set forth by resolution adopted pursuant to Section 7056 (b) of the Revenue and Taxation Code. The resolution shall designate the Consultant as a person authorized to examine sales and use tax records and certify that this agreement meets the requirements set forth above and in Section 7056 (b), (1) of the Revenue and Taxation Code.

13. Software Use and Proprietary Information
Software Use. Consultant hereby provides authorization to City to access Consultant’s Sales Tax website if City chooses to subscribe to the software and reports option. The website shall only be used by authorized City staff. No access will be granted to any third party without explicit written authorization by Consultant. City shall not sublet, duplicate, modify, decompile, reverse engineer, disassemble, or attempt to derive the source code of said software. The software use granted hereunder shall not imply ownership by City of said software, or any right of City to sell said software or the use of same, or any right to use said software for the benefit of others. This software use authorization is not transferable. Upon termination or expiration of this Agreement, the software use authorization shall expire, and all City staff website logins shall be de-activated.

Proprietary Information. As used herein, the term “proprietary information” means all information or material that has or could have commercial value or other utility in Consultant’s business, including without limitation: Consultant’s (i) computer or data processing programs; (ii) data processing applications, routines, subroutines, techniques or systems; desktop or web-based software; (iii) business processes; (iv) marketing plans, analysis and strategies; and (v) materials and techniques used; as well as the terms and conditions of this Agreement. Except as otherwise required by law, City shall hold in confidence and shall not use (except as expressly authorized by this Agreement) or disclose to any other party any proprietary information provided, learned of or obtained by City in connection with this Agreement. The obligations imposed by this Section shall survive any expiration or termination of this Agreement or otherwise. The terms of this Section shall not apply to any information that is public information.
76 01225.0001/863604.2 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)

[INTENTIONALLY LEFT BLANK]

77 01225.0001/863604.2 C-1
EXHIBIT “C”

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

78 01225.0001/863604.2 D-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services and deliver all work products timely in accordance with this Agreement from July 3, 2024 to June 30, 2025. 79 MEMORANDUM

CITY OF CHINO

HUMAN RESOURCES DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 2, 2024

TO: LINDA REICH, CITY MANAGER
FROM: GERIANN KINGSLAN, DIRECTOR OF HUMAN RESOURCES/RISK

MANAGEMENT

SUBJECT
..titl e
Resolution Amending the City's Classification Schedule. ..end

RECOMMENDATION
Adopt Resolution No. 2024 -034 approving revisions to the City’s Classification and Compensation Schedule to comply with the City’s Personnel Rules , P.O.S.T, and existing approved positions.
..body

FISCAL IMPACT
There is no Fiscal Impact.

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. 80 CITY COUNCIL MEETING DATE: JULY 2, 2024
TITLE: RESOLUTION AMENDING THE CITY'S CLASSIFICATION SCHEDULE.

PAGE: 2

BACKGROUND
On June 18, 2024, the City Council adopted Resolution 2024-030, reflecting changes arising from a cost-of-living adjustment for all non-sworn employees.

ISSUES/ANALYSIS
Minor revisions requiring an update to the Classification and Compensation Schedule are needed. None affect salaries or changes in compensation, but reestablish the salary point at which employees achieve “Outstanding” performance. Other minor edits were incorporated for accuracy, consistency, and thoroughness.

If adopted, Resolution No. 2024-034 will address the issues noted at no cost to the City.

Attachment - Resolution No. 2024-034

81 RESOLUTION NO. 2024-034

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, AMENDING THE CITY’S CLASSIFICATION AND SALARY SCHEDULE TO CONFORM WITH THE CITY’S PERSONNEL RULES, P.O.S.T., AND RELATED MATTERS.

WHEREAS, California Government Code Section 20636 and California Code of Regulations Section 570.5 outline certain requirements pertaining to employee compensation and related information that must be available for public viewing; and

WHEREAS, on Ju ne 18, 2024 , the City Council adopted Resolution No. 2024-030 reflecting changes arising from a cost-of-living adjustment for all non-sworn employees; and

WHEREAS, minor revisions are needed to Resolution No. 2024-030 since adoption, none of which affect salaries or changes in compensation; and

WHEREAS, the revisions reestablish the salary point at which an employee is noted as having achieved “Outstanding” performance; and

WHEREAS, the revisions will address the issues as noted at no cost to the City.

NOW, THEREFORE, BE IT RESOLVED:

SECTION 1: That the attached Classification and Compensation Schedule be adopted effective with the pay period that includes July 8, 2024 and the updated salary ranges will apply to staff employed with the City on the day following the adoption of the Resolution.

SECTION 2: That this resolution supersedes Resolution No. 2024- 030, which adopted the City’s Classification and Compensation Schedule.

APPROVED AND ADOPTED THIS 2nd day of July, 2024.

________________________________
EUNICE M. ULLOA, MAYOR
ATTEST:

_____________________________

NATALIE GONZAGA, CITY CLERK

82 Resolution No. 2024-034

Page 2 of 11 ends

State of California )
County of San Bernardino ) ss.

City of Chino )

I, NATALIE GONZAGA, City Clerk of the City of Chino, do hereby certify that the forgoing Resolution was duly adopted by the City Council at a regular meeting held on the 2nd day of July, 2024, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

NATALIE GONZAGA, CITY CLERK

Attachment 1: Salary Schedule by Position, Non-Management Positions Attachment 2: Salary Schedule by Position, Management Positions Attachment 3: Salary Schedule by Position, Part-Time Positions

83 Resolution No. 2024-034

Page 3 of 11 ends

ATTACHMENT 1

84 Resolution No. 2024-034

Page 4 of 11 ends

THE CITY OF
CHINO
Position
Executive Secretary
Facilities Maintenance Supervisor
Facilities Maintenance Technician
Facilities Wor ker
Grounds Maintenance Lead Worker
Grounds Maintenance Worker
Homeless Outreach Coordinator
Housing Technician
Human Resources Specialist I
Human Resources Specialist II
Information Technology Specialist I
Information Technology Specialist II
Maintenance Coordinator
Management Aide
Management Assistant
Payroll Clerk
Payroll Techn ician
Permit Technician
Planning Techn ician
Plans Examiner
Police Academy Trainee
Police Officer
(CPOA)
Police Payroll Assistant
Police Records and Evidence Coordinator
Police Records Technician
Police Recruit
Police Services Officer I
Police Services Officer 11
Police Training Coordinator
Project Coordinator
Property and Evidence Techn ician
Public Safety Dispatcher I
Public Safety Dispatcher II

06.25.2024MS
REV
Salary Schedule by Position
Non-Management Positions
Bargaining Unit A
Teamsters $5,816
AFSCME $7,446
AFSCME $4,774
AFSCME $4,016
AFSCME $5,269
AFSCME $4,544
Teamsters $9,299
Teamsters $5,675
Confidential $5,536
Confidential $6,111
Confide ntial $5,40 1
Confidential $5,962
AFSCME $5,401
Teamsters $5,816
Confidential $7,087
Confidential $4,657
Confidential $5,816
Teamsters $5,6 75
Teamsters $5,675
Teamsters $7,446
Teamsters $5,816
Base $7,698
Int. POST (6%) $8,160
Adv. POST (12% $8,622
CPPEA $4,433
CPPEA $5,14 1
CPPEA $4,544
Teamste rs $5,816
CPPEA $4,657
CPPEA $5,401
CPPEA $4,544
Teamsters $7,823
CPPEA $4,657
CPPEA $5, 141
CPPEA $5,675
City of Chino Salary Schedule
B
$6,107
$7,818
$5,013
$4,217
$5,533
$4,771
$9,763
$5,958
$5,813
$6,417
$5,671
$6,260
$5,671
$6,107
$7,441
$4,890
$6,107
$5,958
$5,958
$7,818
$6,107
$8,083
$8,568
$9,053
$4,6 55
$5,398
$4,771
$6,10 7
$4,890
$5,671
$4,771
$
8,2 14
$4,890
$5,398
$5,958
Effective July 8, 2024
Council Approval July 2, 2024
C D E
$6,413 $6,733 $7,070
$8,209 $8,619 $9,050
$5,263 $5,526 $5,803
$4,428 $4,649 $4,882
$5,810 $6,100 $6,405
$5,010 $5,260 $5,523
$10,252 $10,764 $11 ,302
$6,256 $6,569 $6,898
$6,104 $6,409 $6,729
$6,737 $7,074 $7,428
$5,955 $6,253 $6,565
$6,573 $6,902 $7,247
$5,955 $6,253 $6,565
$6,413 $6,733 $7,070
$7 ,813 $8,204 $8,614
$5,135 $5,392 $5,661
$6,413 $6,733 $7,070
$6,256 $6,569 $6,898
$6,256 $6,569 $6,898
$8,209 $8,619 $9,050
$6,413 $6,733 $7,070
$8,487 $8,912 $9,356
$8,996 $9,447 $9,917
$9,505 $9,981 $10,479
$4,887 $5,132 $5,388
$5,668 $5,951 $6,249
$5,010 $5,260 $5,523
$6,4 13 $6,733 $7,070
$5,135 $5,392 $5,661
$5,955 $6,253 $6,565
$5,0 10 $5,260 $5,523
$8,624 $9,056 $9,508
$5,135 $5,39 2 $ 5,66 1
$5,668 $5,95 1 $6,249
$6,256 $6,569 $6,898
Last Approved: 06.18.2024
85 Resolution No. 2024-034

Page 5 of 11 ends

86 Resolution No. 2024-034

Page 6 of 11 ends

ATTACHMENT 2

87 Resolution No. 2024-034

Page 7 of 11 ends

Position
Crime Prevention and Commun ity Outreach Superv isor
Deputy Chief of Police
(0% / 17.5% / 20%)
Unrepresented Sworn Management
Deputy City Manager
Deputy Director of Commu nity Services, Parks & Recreation Deputy Director of Development Services
Deputy Director of Finance
Deputy Director of Human Resources/Risk Management
Deputy Director of Public Works/City Engineer
Deputy Director of Public Works/Services
Director of Community Services, Parks & Recreation
(0% / 22.5% / 35%)
Director of Development Services
(0% 122.5% / 35%)
Director of Finance
(0% / 22.5% / 35%)
Director of Human Resources/Risk Management
(0% 122.5% / 35%)
Director of Public Works
(0% / 22.5% / 35%)
Economic Development Manager
Emergency Services Coordinator
Environmental Comp liance Coordinator
Environmental Services Administrator
Equipment Mechanic Supervisor
Facility Coordinator
Fiscal Services Manager
Grounds Supervisor
Housing Manager
Human Resources and Risk Analyst
Information Technology Analyst
Information Technology Manager
Information Technology Supervisor
Lieutenant
(0% / 17.5% 120%)
CPMA
Management Analyst
Mayor
Multimedia Officer
Parks and Facilities Manager
Payroll Supervisor

06.25.2024MS
REV
Salary Schedule by Position
Management Positions
Unit
Unrepresented Management
Base
Int. POST (6%)
Adv. POST (12%)
Adv.&Mgt. POST (21%)
Deputy Director
Deputy Director
Deputy Director
Deputy Director
Deputy Director
Deputy Director
Deputy Director
Executive Management
Executive Management
Executive Management
Executive Management
Executive Management
Unrepresented Management
Unrepresented Management
Unrepresented Management
Unrepresented Management
Unrepresented Management
Unrepresented Management
Unrepresented Management
Unrepresented Management
Unrepresented Management
Unrepresented Management
Unrepresented Management
Unrepresented Management
Unrepresented Management
Base
Int POST (6%)
Adv. POST (12%)
Adv. &Spv. POST (18%)
Adv.&Mgt. POST (21%)
Unrepresented Management
Elected Official
Unrepresented Management
Unrepresented Management
Unrepresented Management
City of Chino Salary Sct1edule
Base (0%)
$7,083
$14,930
$15,826
$16,722
$18,065
$12,194
$12,194
$12,19 4
$12,194
$12, 194
$12,194
$12,194
$14,440
$14,440
$14,440
$14,440
$14,440
$8,630
$7,083
$7,260
$8,21 4
$6,742
$8,014
$8,014
$6,417
$7,818
$7,083
$6,910
$10,777
$8,214
$12,204
$12,936
$13,668
$14,401
$14,767
$7,083
$1,534
$7,083
$10,258
$6,742
Effective July 8, 2024
Coun cil Approval July 2, 2024
Outstanding (22.5%) Outstanding (30%)
$8,676 $9,367
$17 ,544 $17,917
$18,597 $18,992
$19,649 $20,067
$21,228 $21,680
$14 ,937 $16,126
$14,937 $16 ,126
$14,937 $16 ,126
$14,937 $16,126
$14,937 $16 ,126
$14,937 $16,126
$14,937 $16,126
$17,690 $19,937
$17,690 $19,937
$17 ,690 $19,937
$17,690 $19,937
$17 ,690 $19.937
$10,571 $1 1,413
$8,676 $9,367
$8,893 $9,601
$10,062 $10 ,863
$8,2 58 $8,916
$9,817 $10,598
$9,817 $10,598
$7,860 $8,486
$9,577 $10,339
$8,676 $9,367
$8,465 $9,139
$13,202 $14,253
$10,062 $10,863
$14,341 $14,646
$15,201 $15,525
$16,062 $16,404
$16,922 $17,282
$17,353 $17,722
$8,676 $9,367
$8,676 $9,367
$12,566 $13,566
$8,258 $8,916
Last Approve d: 06.18.2024
88 Resolution No. 2024-034

Page 8 of 11 ends

89 Resolution No. 2024-034

Page 9 of 11 ends

ATTACHMENT 3

90 Resolution No. 2024-034

Page 10 of 11 ends

91 Resolution No. 2024-034

Page 11 of 11 ends

92 MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 2, 2024

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

SUBJECT
..titl e
Acceptance of Right of Way Dedication – Pine Avenue (Chino Preserve Development Corporation).
..end

RECOMMENDATION
Accept the offer of right-of-way dedication for public street and utility purposes on the south side of Pine Avenue.

..body

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

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
 Public Service Excellence through Internal and External Partnerships

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. 93 CITY COUNCIL MEETING DATE: JULY 2, 2024
TITLE: ACCEPTANCE OF RIGHT OF WAY DEDICATION - PINE AVENUE (CHINO PRESERVE DEVELOPMENT CORPORATION).

PAGE: 2

BACKGROUND
On June 18, 2024, the City Council approved Amendment No. 2 to the Construction Credit/Reimbursement Agreement for the Pine Avenue Improvements – Phase 1 (Stage 1 -3) & Stage 4. This second amendment was necessary to reimburse Chino Preserve Development Corporation, a Lewis Management Company (“Lewis”) for the construction of a shared use path, sidewalk, and intersection improvements as shown in Exhibit A. These improvements are necessary for safe pedestrian crossings at the intersection of Pine Avenue and W est Preserve Loop. The improvements will provide residents north of Pine Avenue with pedestrian access to the newly built Town Center commercial center and the forthcoming Legacy Academy school.

A portion of these improvements will be situated on property currently owned by Lewis.

Consequently, Lewis is obligated to allocate a segment of its property for public street and utility purposes. Lewis has already executed the necessary dedication documents, which have been reviewed and approved by the Public Works Engineering staff. Please see Exhibit B for details.

ISSUES/ANALYSIS
The area to be dedicated is part of the ultimate right -of-way for the south side of Pine Avenue, which Lewis would have eventually dedicated to the City as part of subdividing their adjacent property. The right -of-way dedication area exceeds one acre, necessitating City Council acceptance through either resolution or minute action, in accordance with San Bernardino County Recorder’s guidelines.

Attachments: Exhibit A
Exhibit B

94 95
96 97
98 99
100
101
102
103

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 2, 2024

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

SUBJECT
..titl e
Landscape and Streetlight Maintenance District Assessment for Fiscal Year 2024-25. ..end

RECOMMENDATION
1) Adopt Resolution No. 2024 -031 directing the filing of an annual report; 2) adopt Resolution No. 2024-032 approving the Engineer's Report; 3) adopt Resolution No. 2024 -033 declaring its intention to order improvements for Assessment District Nos. 75 -1, 75-2, 76-1, 76-2, 83-2, and 2002-1; and 4) schedule a Public Hearing for Tuesday, July 16, 2024. ..body

FISCAL IMPACT
There are s ufficient funds in the Fiscal Year 2024 -25 Public Works Department budget within the various Maintenance District Programs.

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

Expenditure: 3607260, 36172601, 36172602,
36172603, 36172604, 36172606, 36172607
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 104
CITY COUNCIL MEETING DATE: JULY 2, 2024
TITLE: LANDSCAPE AND STREETLIGHT MAINTENANCE DISTRICT ASSESSMENT FOR FISCAL YEAR 2024-25.

PAGE: 2

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

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

The CPI adjustment is determined by the United States Department of Labor, Bureau of Labor Statistics for all urban consumers in the Riverside - San Bernardino - Ontario area index from January 2023 - January 2024. This year, there is a 2.88% CPI increase for landscap e and streetlight maintenance in District 2002-1.

In past years, City Council has approved a subsidy to the districts for landscape and lighting maintenance costs. As the costs associated with insurance, maintenance, water, and electricity change, the subs idy has also changed. Staff has reviewed the Fiscal Year 2022 -23, 2023-24, and the new Fiscal Year 2024 -25 information for expense, revenue, and subsidies from the engineer’s reports provided by Webb Associates. The information is provided as follows:

FY22-23 FY23-24 FY24-25
Total Maintenance Cost $1,131,634.28 $1,195,873.80 $1,288,329.96 Total Revenues Collected $654,474.26 $673,432.71 $691,972.92 City's Subsidy*(1) $477,160.02 $522,441.10 $596,357.03 Required City 50% Contribution
(General Benefit/Perimeter Areas)
$451,863.32 $507,189.88 $516,274.29
Total City Cost $929,023.34 $1,029,630.98 $1,112,631.32 *The City Subsidy Contribution funds streetlight, tree, and landscape maintenance, and water and electricity costs within the Maintenance Districts. It should be noted that the costs are off by one cent due to rounding issues.

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

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

Exhibit 1 enumerates the actual Fiscal Year 2023-24 assessments for the 75-1, 75-2, 76-1, 76-2 and 83-2 assessment districts and staff’s recommended assessments for Fiscal Year 2024 -25, holding the per-zone assessments not-to-exceed their Fiscal Year 2023 -24 amounts (except in those areas that the rate was below the maximum assessment).

Exhibit 2 en umerates the actual Fiscal Year 2023 -24 assessments for the 2002 -1 assessment 105
CITY COUNCIL MEETING DATE: JULY 2, 2024
TITLE: LANDSCAPE AND STREETLIGHT MAINTENANCE DISTRICT ASSESSMENT FOR FISCAL YEAR 2024-25.

PAGE: 3

district and staff’s recommended assessments for Fiscal Year 2024 -25 which includes a 2.88% CPI rate increase.

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

ISSUES/ANALYSIS
For the City to continue assessing fees to maintain its landscape and lighting districts under the Landscape and Lighting Act of 1972 , the City Council is required to approve or approve as modified, the attached resolutions in sequence. This process docume nts the City’s intention to levy and collect assessments.

A public hearing is required even though the rates are not recommended for increases over the allowable costs under Proposition 218, and the hearing has been scheduled for Tuesday, July 16, 2024. Mailed notices are not required, only legal advertising and posting are mandated for this year. The Engineer’s Report provides detailed information on all costs used in determining the proposed assessments and is on file for review in the Public Works Department.

Attachments:

Resolution Filing 2024-031
Resolution Approving 2024-032
Resolution Intention 2024-033
FY24-25 CPI
FY24-25 LMD 2002-1 ER
FY24-25 LMDs 75, 76, 83-2 ER
FY24-25 LMDs 75, 76, 83-2 Assessment Diagram
FY24-25 LMD 2002-1 Assessment Diagram
Exhibit 1
Exhibit 2

106
RESOLUTION NO. 2024-031

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

CALIFORNIA, DIRECTING THE FILING OF AN ANNUAL REPORT FOR ASSESSMENT DISTRICTS 75 -1, 75 -2, 76 -1, 76 -2, 83 -2 AND 2002 -1, IN ACCORDANCE WITH THE LANDSCAPE AND LIGHTING ACT OF 1972

WHEREAS, the Landscape and Lighting Act of 1972 requires that, each year, the Engineer of Work prepare an annual report.

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

Section 1. The City Engineer, the person desig nated by this Council a s the Engineer of Work for Assessment Districts 75 -1, 75-2, 76-1, 76-2, 83-2 and 2002 -1, is hereby directed to file an annual report in accordance with the provisions of the Landscape and Lighting Act of 1972.

Section 2. This Resolution is adopted pursuant to Section 22622 of the California Streets and Highway Code.

APPROVED AND ADOPTED THIS 2ND DAY OF JULY 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 that the foregoing resolution was duly adopted by the City Council at a regular meeting held on the 2ND day of July 2024, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

NATALIE GONZAGA, CITY CLERK

107
RESOLUTION NO. 2024-032

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, APPROVING THE ENGINEER’S REPORT FOR
ASSESSMENT DISTRICTS 75 -1, 75 -2, 76 -1, 76 -2, 83 -2 AND 2002 -1, IN ACCORDANCE WITH THE LANDSCAPE AND LIGHTING ACT OF 1972

WHEREAS, the City adopted a resolution initiating proceedings for the Landscape and Street Light Maintenance Districts; and

WHEREAS, an Engineer’s Report was prepared and filed with the City Clerk.

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

Section 1. That the City Council has heretofore duly adopted Resolution No. 2024-031 for Landscape and Street Light Maintenance Districts 75 -1, 75-2, 76-1, 76-2, 83-2, and 2002-1, describing the improvements and location of the proposed annexations and directing the filing of an annual report, all pursuant to, and in accordance with, the provisions of the Landscape and Lighting Act of 1972 (Part 2 of Division 15 of the California Streets and Highways Code).

Section 2. That the Director of Public Works, having prepared and filed said report with the City Clerk of the City of Chino for submission to the City Council, has done so in accordance with said Act, and said report has been duly received and filed by said City Council.

Section 3. That said, the City Council has examined and duly considered said report and hereby finds said report to be sufficient, and thereby approves said report in each and all respects, as filed, without change or modification.

Section 4. That said report, as so approved, shall constitute the Engineer’s Report for all subsequent proceedings with respect to said Landscape and Street Light Maintenance Districts 75 -1, 75-2, 76-1, 76-2, 83-2 and 2002-1 for the purpose of and pursuant to the provisions of said Act.

APPROVED AND ADOPTED THIS 2ND DAY OF JULY 2024.

EUNICE M. ULLOA, MAYOR
ATTEST:

NATALIE GONZAGA, CITY CLERK

108
RESOLUTION NO. 2024-032
PAGE 2

State of California )
County of San Bernardino ) ss.

City of Chino )

I, NATALIE GONZAGA, City Clerk of the Cit y of Chino, do hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting held on the 2ND day of July 2024, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

NATALIE GONZAGA, CITY CLERK

109
RESOLUTION NO. 2024-033

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

CALIFORNIA, DECLARING ITS INTENTION TO ORDER
IMPROVEMENTS FOR ASSESSMENT DISTRICTS 75 -1, 75-2, 76-1, 76- 2, 83-2 AND 2002 -1, IN ACCORDANCE WITH THE LANDSCAPE AND LIGHTING ACT O F 1972 AND SETTING A TIME AND PLACE FOR A

PUBLIC HEARING ON SUCH ASSESSMENTS

WHEREAS, the Landscape and Lighting Act of 1972 requires that each year the City Council consider proposed assessments and hold public hearings prior to adopting said assessments.

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

Section 1. The City Council intends to levy and collect assessments within Assessment Districts 75-1, 75-2, 76-1, 76-2, 83-2 and 2002 -1 during Fiscal Year 2024-25. Th e area of land to be assessed is located in the City of Chino, County of San Bernardino.

Section 2. The improvements to be made in these assessment districts are generally described as follows: maintenance of all streetlights and common landscaping as i dentified in the Engineer’s Report, with the replacement of landscaping as needed.

Section 3. In accordance with this Council’s Resolution No. 2024-032 directing the filing of an annual report, the Engineer of Work has filed with the City Clerk the repor t requi red by the Landscape and Lighting Act of 1972 . All interested persons are referred to that report for a full and detailed description of the improvements, the boundaries of the assessments upon assessable lots and parcels of land within the assessment districts.

Section 4. On Tuesday, July 16, 2024, at 6:00 p.m., the City Council will conduct a public hearing on the question of the levy of the proposed assessments. Said hearing will be held in the Council Chambers, 13220 Central Avenue, Chino, California.

Section 5. The City Clerk is authorized and directed to give notice of said hearing as required by the Landscape and Lighting Act of 1972.

APPROVED AND ADOPTED THIS 2ND DAY OF JULY 2024.

EUNICE M. ULLOA, MAYOR

ATTEST:

NATALIE GONZAGA, CITY CLERK

110
RESOLUTION NO. 2024-033
PAGE 2

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 at a regula r meeting held on the 2ND day of July 2024, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

NATALIE GONZAGA, CITY CLERK

111
Bureau of Labor Statistics
Series Id:

Series Title:

Area:

Item:

Base Period:

Years:

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov
2017
2018 100.916 101.897 102.929 103.139 103.241 103.616
2019 103.991 104.749 105.959 105.816 106.412 106.573
2020 107.143 107.162 106.899 107.640 108.201 108.626
2021 109.550 110.981 113.222 114.682 115.557 117.206
2022 118.963 122.127 123.893 125.262 125.272 125.983
2023 127.683 127.707 128.768 129.525 131.372 131.372
2024 131.358
Jan. CPI 2.88%
Consumer Price Index for All Urban Consumers (CPI-U)
Original Data Value
CUURS49CSA0,CUUSS49CSA0
Not Seasonally Adjusted
All items in Riverside-San Bernardino-Ontario, CA, all
b t ll dj t dRiverside-San Bernardino-Ontario, CA
All items
DECEMBER 2017=100
2017 to 2024
Source: Bureau of Labor Statistics Generated on: April 9, 2024 (02:58:39 PM)112 Bureau of Labor Statistics
Dec Annual HALF1 HALF2
100.000
102.732 102.023 103.441
105.697 104.998 106.397
107.672 107.068 108.275
113.875 111.588 116.162
123.784 122.018 125.551
129.545 128.130 130.961
Source: Bureau of Labor Statistics Generated on: April 9, 2024 (02:58:39 PM)113 Engineer’s Report
Fiscal Year 2024-2025
City of Chino
Landscape and Street Light Maintenance
District No. 2002-1
Prepared For
July 2024
114
Table of Contents

Sections
Section i. Engineer’s Statement _________________________________________________ i Section 1. Plans and Specifications ______________________________________________ 1 Section 2. Method of Assessment Apportionment _________________________________ 3 Section 3. Cost Estimate ______________________________________________________ 8 Section 4. Assessment Roll ___________________________________________________ 22

Tables
Table 2-1. Fiscal Year 2024-2025 Proposed Assessments _____________________________ 6 Table 3-1. Fiscal Year 2024-2025 Cost Estimate ____________________________________ 9

Appendices
Appendix A. Fiscal Year 2024-2025 Assessment Roll ________________________________ A-1

115
i. Engineer’s Statement

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 i

AGENCY: CITY OF CHINO
PROJECT: LANDSCAPE AND STREET LIGHT MAINTENANCE DISTRICT NO. 2002-1 TO: CITY COUNCIL

CITY OF CHINO

STATE OF CALIFORNIA

Report Pursuant to "Landscaping and Lighting Act of 1972" Pursuant to direction from the City Council (the “City Council”) of the City of Chino (the “City”), State of California, submitted herewith is the Engineer’s Report for Landscape and Street Light Maintenance District No. 2002-1 (the “Report”), consisting o f the following parts, pursuant to the provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California, being the "Landscaping and Lighting Act of 1972" (the “Act”), as amended, commencing with Section 22500 , Article XIII D , and which is in accordance with Resolution No. 2023 - 035 adopted by the City of Chino City Council, San Bernardino County, California ordering the preparation of the Report for Landscape and Street Light Maintenance District No. 2002 -1 (the “District”). This Report is applicable for the ensuing 12-month period, being the Fiscal Year commencing July 1, 2024, to June 30, 2025.

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

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

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

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

116
i. Engineer’s Statement

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 ii

WHEREAS, on July 2, 2024, the City Council under the Act adopted its Resolution Initiating Proceedings for the Annual Levy of Assessments and Ordering the Preparation of an Engineer’s Report for the District;

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

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

117
i. Engineer’s Statement

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 iii

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

Executed this day of 2024.

ALBERT A. WEBB ASSOCIATES
MATTHEW E. WEBB
PROFESSIONAL CIVIL ENGINEER NO. 37385

ENGINEER OF WORK

ON BEHALF OF THE CITY OF CHINO

STATE OF CALIFORNIA

Final approval, confirmation and levy of the annual assessment and all matters in the Engineer's Report were made on the day of 2024, by adoption of Resolution No. By City Council.

CITY CLERK

CITY OF CHINO

STATE OF CALIFORNIA

A copy of the Assessment Roll and Engineer's Report were filed in the City Clerk’s Office on the day of , 2024.

CITY CLERK

CITY OF CHINO

STATE OF CALIFORNIA

118

1. Plans and Specifications

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 1

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

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

Properties owned by public agencies, such as the city, county, state, or federal government, are no longer exempt from assessment pursuant to the passage of Proposition 218. However, said public parcels will not be assessed during Fiscal Year 2024-2025 because the City of Chino invoked an exemption as noted in Article 4.6 Section 53753.5. (b)(2) of Chapter 4 Part 1 of Division 2 of Title 5 of the Government Code:
“Any assessment imposed pursuant to a petition signed by the persons owning all parcels subject to the assessment at the time the assessment is initially imposed.” When public property is not devoted to public use, it is assessed. Right-of-way owned by Southern California Edison Company and railroad operating right-of-way are also exempt from assessment.

Landscape and Street Lighting District 2002-1
The plans and specifications for the improvements within the District are on file and available for public inspection in the office of the City Engineer and are part of this report to the same extent as if said documents were attached hereto. The Assessor’s maps identifying the boundaries of the parcels located within each zone are on file in the office of the County Assessor and are by reference made a part of this report to the same extent as if they were 119

1. Plans and Specifications

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 2

attached. A detailed parcel list is included as Appendix C. The general nature and extent of improvements are as follows:

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

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

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

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

120

2. Method of Assessment Apportionment

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 3

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

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

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

Proposition 218 defines “assessment” as “any levy or charge upon real property by an agency for a special benefit conferred upon the real property,” Cal ifornia Constitution, Article XIII D, §2(b). A special assessment, sometimes called a “benefit assessment,” is a charge generally levied upon parcels of real property to pay for benefits the parcels receive from local improvements. Special assessments are levied according to statutory authority granted by the Legislature or, in some instances, local charters. Distinguishing among taxes, fees, and assessments can be difficult and often depends on the context in which the distinction is made. For example, taxes, assessments, and property-related fees all may be imposed on property. The key feature that distinguishes an assessment from a tax, fee, or charge is the existence of a special benefit to real property. Without identifying a special benefit, there can be no assessment.

Distinguishing General and Special Benefit
Proposition 218 added a set of procedures and requirements , which a local government must follow to levy an assessment. In addition to notice, hearing, and assessment ballot proceedings, Proposition 218 provides that “only special benefits are assessable” and requires a local government to “separate the general benefits from the special benefits conferred on a parcel.”
By its nature, most public improvement s financed through an assessment district contain an element of public benefit. The test is: does there exist, with relation to the improvement, a special benefit to the property assessed? The law requires that portion of the cost of the improvement, which benefits the public generally to be separated from that portion of the cost of the improvement , which specially benefits assessed properties. Proposition 218 provides the following definition of “Special Benefit”:
“Special Benefit” means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute “special benefit”.

121

2. Method of Assessment Apportionment

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 4

Method of Assessment Apportionment
The law, including Article XIIID of the Constitution of the State of California, requires and the statues, including the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following), provide that special assessments, as levied p ursuant to the “Landscaping and Lighting Act of 1972,” must be based solely on the special benefit properties receive from the improvements. The statutes do not specify the method or formula that should be used to apportion the assessment in any special assessment district proceedings. The City of Chino has retained the firm of Webb Municipal Finance, LLC for the purpose of assisting the City of Chino in making an analysis of the facts in Landscape and Street Light Maintenance District No. 2002-1 and recommending to the City of Chino the correct apportionment of the assessment obligation.

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

The method of apportionment of assessment is described below.

Street Lighting
The Street Lighting maintenance provided by the District applies to both Interior Street Lights and Perimeter Street Lights located within the District boundaries. The primary benefits of street lighting consist of safety for pedestrians, motorists and residents living and owning property in the District during the nighttime hours. Street lighting increases nighttime safety on the roads and streets by improving traffic circulation and reducing nighttime accidents, improved ingress and egress to property, improved access of emergency vehicles and reduction in vandalism and other criminal activities.

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

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

Landscaping
The landscape maintenance provided to the various zones within the District applies to both Interior Landscaping and Perimeter Landscaping. The primary benefits that well-maintained landscaping provide are the beautification and enhancement of the desirability of the surroundings. These improvements provide special benefit to those developments that are directly adjacent to the landscape improvements as well as some general benefit. It also creates surroundings that are more pleasant for the motorists, residents, equestrians, and pedestrians within the District. Interior Landscaping is defined as areas within the District boundaries that are not considered a Primary Arterial, Major Arterial, or Secondary Arterials as identified by the City’s General Plan. Each and every parcel within 122

2. Method of Assessment Apportionment

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 5

the District receives a particular and distinct benefit from the on- going maintenance of the Interior Landscaping over and above any general benefits that are provided and as such, the entire cost associated with these areas of landscaping is assessed equally to each lot or parcel of benefiting tracts or parcel maps designated by Zones within the District.

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

Annual Adjustments
Per direction of the District’s Engineer’s Report, commencing with Fiscal Year 2004-2005, the assessments may be increased annually for inflation, based on the Consumer Price Index – All Urban Consumers for the Los Angeles – Riverside-Orange County Area (C PI), as determined by the United States Department of Labor, Bureau of Labor Statistics, or its successor. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, this Department shall use a revised index or comparable system for determining fluctuations in the cost of living, as approved by the City Council. The Maximum Assessment is defined as the initial Assessment (approved by property owners within the District) adjusted annually by the CPI. If the proposed annual assessment for a given Fiscal Year is less than or equal to the calculated Maximum Assessment , then the proposed annual assessment is not considered an increased assessment.

In January 2018, the United States Department of Labor, Bureau of Labor Statistics, discontinued the Los Angeles - Riverside - Orange County Consumer Price Index and created a new Riverside - San Bernardino – Ontario Consumer Price Index. This new index is what was used to escalate the Maximum Assessment Rate, for each zone, by 7.33% for Fiscal Year 2024-2025.

Each of the parcels within the zones listed below has been deemed to receive proportional special benefit from the maintenance and operation of the improvements within that zone. The Fiscal Year 2024-2025 assessments per zone are as follows:

123

2. Method of Assessment Apportionment

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 6

Table 2-1 – Fiscal Year 2024-2025 Proposed Assessments

Levy
Benefit Units
(BU)
Maximum
Assessment
per BU
Actual
Assessment
per BU
% of
Maximum Zone Costs
Zone 01 $7,415.26 82 $90.44 $90.43 99.99% $7,494.51 Zone 02 $3,716.04 6 $619.34 $619.34 100.00% $3,716.04 Zone 03 $14,218.71 121 $117.51 $117.51 100.00% $14,218.71 Zone 04 $4,778.69 19 $251.519148 $251.51 100.00% $4,824.13 Zone 05 $232.50 15 $15.502733 $15.50 99.98% $232.50 Zone 06 $2,426.87 19 $127.731584 $127.73 100.00% $2,426.87 Zone 07 $729.03 19 $38.372843 $38.37 99.99% $729.03 Zone 08 $3,095.68 4 $773.926098 $773.92 100.00% $3,095.68 Zone 09 $19,308.96 23 $839.529601 $839.52 100.00% $23,107.75 Zone 10 $982.85 11 $89.358741 $89.35 99.99% $982.85 Zone 11 $2,130.94 2 $1,065.471193 $1,065.47 100.00% $2,130.94 Zone 12 $70,666.96 238 $296.920938 $296.92 100.00% $95,060.13 Zone 13 $690.03 17 $40.598676 $40.59 99.98% $690.03 Zone 14 $321.90 6 $53.654294 $53.65 99.99% $321.90
Zone 15 $1,038.24 8 $129.788202 $129.78 99.99% $1,038.24 Zone 16 $1,440.23 11 $130.933660 $130.93 100.00% $1,931.64 Zone 17 $12,084.12 18 $671.342523 $671.34 100.00% $12,084.12 Zone 18 $13,558.16 308 $44.022034 $44.02 100.00% $31,080.20 Zone 19 $2,886.54 1 $2,886.541155 $2,886.54 100.00% $2,886.54 Zone 20 $491.54 14 $35.118701 $35.11 99.98% $491.54 Zone 21 $360.22 2 $180.110255 $180.11 100.00% $360.22 Zone 22 $904.50 15 $60.305761 $60.30 99.99% $904.50 Zone 23 $429.97 19 $22.635812 $22.63 99.97% $429.97 Zone 24 $956.34 14 $68.310950 $68.31 100.00% $956.34 Zone 26 $55.94 1 $55.945210 $55.94 99.99% $55.94
Zone 27 $3,728.44 17 $219.329175 $219.32 100.00% $4,187.98 Zone 28 $917.19 9 $101.919729 $101.91 99.99% $917.19 Zone 29 $2,135.10 22 $97.051533 $97.05 100.00% $2,135.10 Zone 30 $689.04 4 $172.261264 $172.26 100.00% $689.04 Zone 31 $614.30 10 $61.438202 $61.43 99.99% $614.30 Zone 32 $2,162.06 17 $127.184888 $127.18 100.00% $2,162.06 Zone 33 $617.32 1 $617.323765 $617.32 100.00% $617.32 Zone 34 $1,712.40 1 $1,712.407651 $1,712.40 100.00% $1,712.40 Zone 35 $1,519.11 3 $506.376197 $506.37 100.00% $1,519.11 Zone 37 $1,754.83 11 $159.531060 $159.53 100.00% $1,754.83 Zone 38 $544.30 10 $54.435288 $54.43 99.99% $544.30 Zone 39 $2,187.42 3 $729.149103 $729.14 100.00% $2,187.42 Zone 40 $1,314.61 11 $119.518130 $119.51 99.99% $1,720.05 Zone 41 $803.82 1 $803.825155 $803.82 100.00% $803.82 Zone 42 $993.30 42 $23.651104 $23.65 100.00% $993.30 Zone 43 $1,144.64 7 $163.527147 $163.52 100.00% $1,144.64 Zone 44 $1,095.23 31 $35.339983 $35.33 99.97% $1,095.23 Zone 45 $2,999.52 16 $187.477632 $187.47 100.00% $2,999.52 124

2. Method of Assessment Apportionment

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 7

Levy
Benefit Units
(BU)
Maximum
Assessment
per BU
Actual
Assessment
per BU
% of
Maximum Zone Costs
Zone 47 $386.40 12 $32.200302 $32.20 100.00% $386.40 Zone 48 $1,367.92 8 $170.998657 $170.99 99.99% $1,367.92 Zone 49 $399.76 4 $99.941211 $99.94 100.00% $399.76 Zone 50 $1,274.64 8 $159.335812 $159.33 100.00% $1,274.64 Zone 51 $249.56 17 $14.682689 $14.68 99.98% $249.56 Zone 52 $920.18 2 $460.096637 $460.09 100.00% $920.18 Zone 53 $357.08 1 $357.083516 $357.08 100.00% $357.08 Zone 54 $322.57 1 $322.576594 $322.57 100.00% $322.57 Zone 55 $833.47 1 $833.476897 $833.47 100.00% $833.47 Zone 56 $2,521.97 11 $229.273833 $229.27 100.00% $2,521.97 Zone 58 $537.68 1 $537.682336 $537.68 100.00% $537.68 Zone 59 $763.10 2 $381.554665 $381.55 100.00% $763.10 Zone 60 $420.43 1 $420.435154 $420.43 100.00% $420.43 Zone 61 $2,892.64 1 $2,892.645926 $2,892.64 100.00% $2,892.64 Zone 62 $2,219.58 3 $739.861738 $739.86 100.00% $2,219.58 Zone 63 $556.53 39 $14.271434 $14.27 99.99% $556.53 Zone 65 $821.19 3 $273.738430 $273.73 100.00% $821.19 Zone 66 $5,179.44 84 $61.663103 $61.66 99.99% $5,179.44 Zone 67 $3,810.17 53 $71.896495 $71.89 99.99% $3,810.17 Zone 68 $1,251.14 94 $13.317239 $13.31 99.95% $1,251.14 Zone 69 $937.51 59 $15.894555 $15.89 99.97% $937.51 Zone 71 $346.84 23 $15.080436 $15.08 100.00% $346.84 Zone 72 $322.47 1 $322.478385 $322.47 100.00% $322.47 Zone 75 $1,906.59 147 $12.978170 $12.97 99.94% $1,906.59 Zone 77 $1,893.44 122 $15.526516 $15.52 99.96% $1,893.44 Zone 78 $614.78 1 $614.780892 $614.78 100.00% $614.78 Zone 79 $345.19 1 $345.199390 $345.19 100.00% $345.19 Zone 80 $2,026.64 94 $21.568454 $21.56 99.96% $2,026.64 Zone 82 $760.36 1 $760.363379 $760.36 100.00% $760.36 Zone 83 $829.94 1 $829.945009 $829.94 100.00% $829.94 Zone 84 $208.35 1 $208.359782 $208.35 100.00% $208.35 Zone 85 $310.42 2 $155.219471 $155.21 99.99% $310.42

Future Annexations
It is anticipated that additional properties will be annexed to the District from time to time and will be assessed according to the adopted methodology and rates.

125

3. Cost Estimate

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 8

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

The Fiscal Year 2024-2025 estimated costs of the improvements for the District were determined by the City and are summarized in Table 3-1.

126

3. Cost Estimate

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 9

Table 3-1 – Fiscal Year 2024-2025 Cost Estimates

Budget Item Zone 01 Zone 02 Zone 03 Zone 04 Zone 05 Zone 06

LANDSCAPE MAINTENANCE
Interior Landscape Maintenance $1,833.21 $0.00 $0.00 $0.00 $0.00 $0.00 Perimeter Landscape Maintenance1 $2,326.16 $0.00 $7,880.98 $3,590.54 $0.00 $906.49 Subtotal Landscape Maintenance $4,159.37 $0.00 $7,880.98 $3,590.54 $0.00 $906.49

STREET LIGHT MAINTENANCE
Interior Street Light Maintenance $1,930.98 $0.00 $1,306.39 $340.80 $0.00 $227.20 Perimeter Street Light Maintenance1 $253.05 $1,113.42 $378.44 $151.83 $122.13 $241.19 Subtotal Street Light Maintenance $2,184.03 $1,113.42 $1,684.83 $492.63 $122.13 $468.39

EQUESTRIAN TRAIL MAINTENANCE
Interior Equestrian Trail Maintenance $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Perimeter Equestrian Trail Maintenance1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal Equestrian Trail Maintenance $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

PLANNED CAPITAL IMPROVEMENT EXPENDITURES
Landscape Improvements CIP Expenditures $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Lighting Improvements CIP Expenditures $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal Capital Improvement Expenditures $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

GENERAL BENEFIT EXPENSES
Landscape General Benefit - City Contribution1 $2,326.16 $0.00 $7,880.98 $3,590.54 $0.00 $906.49 Lighting General Benefit - City Contribution1 $253.05 $1,113.42 $378.44 $151.83 $122.13 $241.19 Equestrian General Benefit - City Contribution1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal General Benefit Expenses - Contributions $2,579.21 $1,113.42 $8,259.42 $3,742.37 $122.13 $1,147.68

OPERATIONAL RESERVES FUNDING
Operation Reserves Collection $0.00 $556.71 $2,917.03 $0.00 $61.06 $687.44 Operational Reserve Contribution $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

CAPITAL IMPROVEMENT FUNDING
Capital Improvement Reserves Collection $0.00 $1,843.87 $0.00 $0.00 $27.14 $115.06 Subtotal Capital Improvement and Reserve Funding $0.00 $2,400.58 $2,917.03 $0.00 $88.21 $802.50

ADMINISTRATION
Total Annual District Administration $1,151.11 $202.05 $1,735.87 $740.96 $22.16 $249.49 Subtotal Administrative Cost $1,151.11 $202.05 $1,735.87 $740.96 $22.16 $249.49 Total Cost Amount $7,494.51 $3,716.04 $14,218.71 $4,824.13 $232.50 $2,426.87 Total Amount for Levy Submission $7,415.26 $3,716.04 $14,218.71 $4,778.69 $232.50 $2,426.87 Total City Subsidy ($79.25) $0.00 $0.00 ($45.44) $0.00 $0.00

DISTRICT
Total Parcels 82 6 121 19 15 19
Total Benefit Units 82 6 121 19 15 19
Calculated Annual Assessment Rate per Benefit Unit $90.43 $619.34 $117.51 $251.51 $15.50 $127.73 Maximum Assessment Rate per Benefit Unit $90.44 $619.34 $117.51 $251.52 $15.50 $127.73 1 Amount Reflects 50% of Calculated Cost

127

3. Cost Estimate

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 10

Budget Item Zone 07 Zone 08 Zone 09 Zone 10 Zone 11 Zone 12

LANDSCAPE MAINTENANCE
Interior Landscape Maintenance $0.00 $0.00 $4,802.88 $0.00 $0.00 $54,177.77 Perimeter Landscape Maintenance1 $0.00 $1,404.00 $12,067.85 $0.00 $0.00 $18,219.88 Subtotal Landscape Maintenance $0.00 $1,404.00 $16,870.73 $0.00 $0.00 $72,397.66

STREET LIGHT MAINTENANCE
Interior Street Light Maintenance $227.20 $113.60 $908.79 $0.00 $0.00 $4,089.57 Perimeter Street Light Maintenance1 $176.00 $50.61 $151.83 $626.95 $640.35 $1,128.45 Subtotal Street Light Maintenance $403.20 $164.21 $1,060.62 $626.95 $640.35 $5,218.02

EQUESTRIAN TRAIL MAINTENANCE
Interior Equestrian Trail Maintenance $0.00 $136.84 $1,627.19 $0.00 $0.00 $1,895.85 Perimeter Equestrian Trail Maintenance1 $0.00 $68.61 $0.00 $0.00 $0.00 $947.93 Subtotal Equestrian Trail Maintenance $0.00 $205.45 $1,627.19 $0.00 $0.00 $2,843.78

GENERAL BENEFIT EXPENSES
Landscape General Benefit - City Contribution1 $0.00 $1,404.00 $12,067.85 $0.00 $0.00 $18,219.88 Lighting General Benefit - City Contribution1 $176.00 $50.61 $151.83 $626.95 $640.35 $1,128.45 Equestrian General Benefit - City Contribution1 $0.00 $68.61 $0.00 $0.00 $0.00 $947.93 Subtotal General Benefit Expenses - Contributions $176.00 $1,523.22 $12,219.68 $626.95 $640.35 $20,296.26

OPERATIONAL RESERVES FUNDING
Operation Reserves Collection $201.60 $886.83 $0.00 $242.14 $320.17 $0.00 Operational Reserve Contribution $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

CAPITAL IMPROVEMENT FUNDING
Capital Improvement Reserves Collection $51.07 $113.33 $0.00 $0.00 $1,054.22 $0.00 Subtotal Capital Improvement and Reserve Funding $252.67 $1,000.16 $0.00 $242.14 $1,374.39 $0.00

ADMINISTRATION
Total Annual District Administration $73.17 $321.86 $3,549.21 $113.77 $116.20 $14,600.68 Subtotal Administrative Cost $73.17 $321.86 $3,549.21 $113.77 $116.20 $14,600.68 Total Cost Amount $729.03 $3,095.68 $23,107.75 $982.85 $2,130.94 $95,060.13 Total Amount for Levy Submission $729.03 $3,095.68 $19,308.96 $982.85 $2,130.94 $70,666.96 Total City Subsidy $0.00 $0.00 ($3,798.79) $0.00 $0.00 ($24,393.17)

DISTRICT
Total Parcels 19 4 23 11 2 238
Total Benefit Units 19 4 23 11 2 238
Calculated Annual Assessment Rate per Benefit Unit $38.37 $773.92 $839.52 $89.35 $1,065.47 $296.92 Maximum Assessment Rate per Benefit Unit $38.37 $773.93 $839.53 $89.36 $1,065.47 $296.92 1 Amount Reflects 50% of Calculated Cost

128

3. Cost Estimate

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 11

Budget Item Zone 13 Zone 14 Zone 15 Zone 16 Zone 17 Zone 18

LANDSCAPE MAINTENANCE
Interior Landscape Maintenance $0.00 $0.00 $0.00 $1,115.75 $3,707.88 $0.00 Perimeter Landscape Maintenance1 $0.00 $0.00 $167.93 $235.20 $2,195.42 $24,112.16 Subtotal Landscape Maintenance $0.00 $0.00 $167.93 $1,350.95 $5,903.30 $24,112.16

STREET LIGHT MAINTENANCE
Interior Street Light Maintenance $0.00 $0.00 $170.40 $284.00 $270.49 $0.00 Perimeter Street Light Maintenance1 $223.35 $50.61 $101.22 $0.00 $202.44 $2,194.31 Subtotal Street Light Maintenance $223.35 $50.61 $271.62 $284.00 $472.93 $2,194.31

GENERAL BENEFIT EXPENSES
Landscape General Benefit - City Contribution1 $0.00 $0.00 $167.93 $235.20 $2,195.42 $24,112.16 Lighting General Benefit - City Contribution1 $223.35 $50.61 $101.22 $0.00 $202.44 $2,194.31 Equestrian General Benefit - City Contribution1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal General Benefit Expenses - Contributions $223.35 $50.61 $269.15 $235.20 $2,397.86 $26,306.46

OPERATIONAL RESERVES FUNDING
Operation Reserves Collection $111.67 $25.30 $219.78 $0.00 $3,188.12 $0.00 Operational Reserve Contribution $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

CAPITAL IMPROVEMENT FUNDING
Capital Improvement Reserves Collection $314.48 $236.80 $299.15 $0.00 $1,362.70 $0.00 Subtotal Capital Improvement and Reserve Funding $426.15 $262.11 $518.92 $0.00 $4,550.82 $0.00

ADMINISTRATION
Total Annual District Administration $40.53 $9.18 $79.76 $296.69 $1,157.07 $4,773.74 Subtotal Administrative Cost $40.53 $9.18 $79.76 $296.69 $1,157.07 $4,773.74 Total Cost Amount $690.03 $321.90 $1,038.24 $1,931.64 $12,084.12 $31,080.20 Total Amount for Levy Submission $690.03 $321.90 $1,038.24 $1,440.23 $12,084.12 $13,558.16 Total City Subsidy $0.00 $0.00 $0.00 ($491.41) $0.00 ($17,522.04)

DISTRICT
Total Parcels 17 6 8 11 18 308
Total Benefit Units 17 6 8 11 18 308
Calculated Annual Assessment Rate per Benefit Unit $40.59 $53.65 $129.78 $130.93 $671.34 $44.02 Maximum Assessment Rate per Benefit Unit $40.60 $53.65 $129.79 $130.93 $671.34 $44.02 1 Amount Reflects 50% of Calculated Cost

129

3. Cost Estimate

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 12

Budget Item Zone 19 Zone 20 Zone 21 Zone 22 Zone 23 Zone 24

LANDSCAPE MAINTENANCE
Interior Landscape Maintenance $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Perimeter Landscape Maintenance1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal Landscape Maintenance $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

STREET LIGHT MAINTENANCE
Interior Street Light Maintenance $0.00 $0.00 $0.00 $186.63 $0.00 $397.60 Perimeter Street Light Maintenance1 $860.37 $122.13 $50.61 $122.13 $101.22 $101.22 Subtotal Street Light Maintenance $860.37 $122.13 $50.61 $308.76 $101.22 $498.82

GENERAL BENEFIT EXPENSES
Landscape General Benefit - City Contribution1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Lighting General Benefit - City Contribution1 $860.37 $122.13 $50.61 $122.13 $101.22 $101.22 Equestrian General Benefit - City Contribution1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal General Benefit Expenses - Contributions $860.37 $122.13 $50.61 $122.13 $101.22 $101.22

OPERATIONAL RESERVES FUNDING
Operation Reserves Collection $430.18 $61.06 $25.30 $154.38 $50.61 $249.41 Operational Reserve Contribution $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

CAPITAL IMPROVEMENT FUNDING
Capital Improvement Reserves Collection $1,439.86 $286.18 $275.12 $385.34 $259.77 $117.60 Subtotal Capital Improvement and Reserve Funding $1,870.04 $347.25 $300.43 $539.71 $310.38 $367.00

ADMINISTRATION
Total Annual District Administration $156.13 $22.16 $9.18 $56.03 $18.37 $90.52 Subtotal Administrative Cost $156.13 $22.16 $9.18 $56.03 $18.37 $90.52 Total Cost Amount $2,886.54 $491.54 $360.22 $904.50 $429.97 $956.34 Total Amount for Levy Submission $2,886.54 $491.54 $360.22 $904.50 $429.97 $956.34 Total City Subsidy $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

DISTRICT
Total Parcels 1 14 2 15 19 14
Total Benefit Units 1 14 2 15 19 14
Calculated Annual Assessment Rate per Benefit Unit $2,886.54 $35.11 $180.11 $60.30 $22.63 $68.31 Maximum Assessment Rate per Benefit Unit $2,886.54 $35.12 $180.11 $60.31 $22.64 $68.31 1 Amount Reflects 50% of Calculated Cost

130

3. Cost Estimate

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 13

Budget Item Zone 26 Zone 27 Zone 28 Zone 29 Zone 30 Zone 31

LANDSCAPE MAINTENANCE
Interior Landscape Maintenance $0.00 $2,358.04 $0.00 $770.32 $0.00 $0.00 Perimeter Landscape Maintenance1 $0.00 $801.47 $0.00 $440.01 $268.18 $0.00 Subtotal Landscape Maintenance $0.00 $3,159.51 $0.00 $1,210.33 $268.18 $0.00

STREET LIGHT MAINTENANCE
Interior Street Light Maintenance $0.00 $284.00 $0.00 $397.60 $0.00 $0.00 Perimeter Street Light Maintenance1 $28.40 $101.22 $354.27 $50.61 $60.34 $188.08 Subtotal Street Light Maintenance $28.40 $385.22 $354.27 $448.21 $60.34 $188.08

GENERAL BENEFIT EXPENSES
Landscape General Benefit - City Contribution1 $0.00 $801.47 $0.00 $440.01 $268.18 $0.00 Lighting General Benefit - City Contribution1 $28.40 $101.22 $354.27 $50.61 $60.34 $188.08 Equestrian General Benefit - City Contribution1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal General Benefit Expenses - Contributions $28.40 $902.69 $354.27 $490.62 $328.52 $188.08

OPERATIONAL RESERVES FUNDING
Operation Reserves Collection $14.20 $0.00 $177.13 $11.34 $164.26 $94.04 Operational Reserve Contribution $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

CAPITAL IMPROVEMENT FUNDING
Capital Improvement Reserves Collection $8.19 $0.00 $321.50 $164.26 $136.65 $298.04 Subtotal Capital Improvement and Reserve Funding $22.39 $0.00 $498.63 $175.60 $300.91 $392.09

ADMINISTRATION
Total Annual District Administration $5.15 $643.25 $64.29 $300.97 $59.62 $34.13 Subtotal Administrative Cost $5.15 $643.25 $64.29 $300.97 $59.62 $34.13 Total Cost Amount $55.94 $4,187.98 $917.19 $2,135.10 $689.04 $614.30 Total Amount for Levy Submission $55.94 $3,728.44 $917.19 $2,135.10 $689.04 $614.30 Total City Subsidy $0.00 ($459.54) $0.00 $0.00 $0.00 $0.00

DISTRICT
Total Parcels 1 17 9 22 4 10
Total Benefit Units 1 17 9 22 4 10
Calculated Annual Assessment Rate per Benefit Unit $55.94 $219.32 $101.91 $97.05 $172.26 $61.43 Maximum Assessment Rate per Benefit Unit $55.95 $219.33 $101.92 $97.05 $172.26 $61.44 1 Amount Reflects 50% of Calculated Cost

131

3. Cost Estimate

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 14

Budget Item Zone 32 Zone 33 Zone 34 Zone 35 Zone 37 Zone 38

LANDSCAPE MAINTENANCE
Interior Landscape Maintenance $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Perimeter Landscape Maintenance1 $0.00 $0.00 $0.00 $204.35 $0.00 $0.00 Subtotal Landscape Maintenance $0.00 $0.00 $0.00 $204.35 $0.00 $0.00

STREET LIGHT MAINTENANCE
Interior Street Light Maintenance $506.10 $0.00 $0.00 $137.52 $340.80 $186.63 Perimeter Street Light Maintenance1 $491.74 $101.22 $455.49 $68.76 $376.17 $0.00 Subtotal Street Light Maintenance $997.84 $101.22 $455.49 $206.28 $716.96 $186.63

GENERAL BENEFIT EXPENSES
Landscape General Benefit - City Contribution1 $0.00 $0.00 $0.00 $204.35 $0.00 $0.00 Lighting General Benefit - City Contribution1 $491.74 $101.22 $455.49 $68.76 $376.17 $0.00 Equestrian General Benefit - City Contribution1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal General Benefit Expenses - Contributions $491.74 $101.22 $455.49 $273.11 $376.17 $0.00

OPERATIONAL RESERVES FUNDING
Operation Reserves Collection $498.92 $50.61 $227.74 $205.31 $358.48 $93.31 Operational Reserve Contribution $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

CAPITAL IMPROVEMENT FUNDING
Capital Improvement Reserves Collection $484.22 $447.12 $946.51 $816.36 $549.28 $230.49 Subtotal Capital Improvement and Reserve Funding $983.14 $497.73 $1,174.26 $1,021.67 $907.76 $323.81

ADMINISTRATION
Total Annual District Administration $181.07 $18.37 $82.66 $86.81 $130.10 $33.87 Subtotal Administrative Cost $181.07 $18.37 $82.66 $86.81 $130.10 $33.87 Total Cost Amount $2,162.06 $617.32 $1,712.40 $1,519.11 $1,754.83 $544.30 Total Amount for Levy Submission $2,162.06 $617.32 $1,712.40 $1,519.11 $1,754.83 $544.30 Total City Subsidy $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

DISTRICT
Total Parcels 17 1 1 3 11 10
Total Benefit Units 17 1 1 3 11 10
Calculated Annual Assessment Rate per Benefit Unit $127.18 $617.32 $1,712.40 $506.37 $159.53 $54.43 Maximum Assessment Rate per Benefit Unit $127.18 $617.32 $1,712.41 $506.38 $159.53 $54.44 1 Amount Reflects 50% of Calculated Cost

132

3. Cost Estimate

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 15

Budget Item Zone 39 Zone 40 Zone 41 Zone 42 Zone 43 Zone 44

LANDSCAPE MAINTENANCE
Interior Landscape Maintenance $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Perimeter Landscape Maintenance1 $0.00 $1,014.67 $0.00 $0.00 $471.27 $0.00 Subtotal Landscape Maintenance $0.00 $1,014.67 $0.00 $0.00 $471.27 $0.00

STREET LIGHT MAINTENANCE
Interior Street Light Maintenance $0.00 $0.00 $101.22 $0.00 $113.60 $279.94 Perimeter Street Light Maintenance1 $556.71 $151.83 $151.83 $253.05 $50.61 $82.56 Subtotal Street Light Maintenance $556.71 $151.83 $253.05 $253.05 $164.21 $362.50

EQUESTRIAN TRAIL MAINTENANCE
Interior Equestrian Trail Maintenance $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Perimeter Equestrian Trail Maintenance1 $0.00 $289.35 $0.00 $0.00 $0.00 $0.00 Subtotal Equestrian Trail Maintenance $0.00 $289.35 $0.00 $0.00 $0.00 $0.00

GENERAL BENEFIT EXPENSES
Landscape General Benefit - City Contribution1 $0.00 $1,014.67 $0.00 $0.00 $471.27 $0.00 Lighting General Benefit - City Contribution1 $556.71 $151.83 $151.83 $253.05 $50.61 $82.56 Equestrian General Benefit - City Contribution1 $0.00 $289.35 $0.00 $0.00 $0.00 $0.00 Subtotal General Benefit Expenses - Contributions $556.71 $1,455.86 $151.83 $253.05 $521.88 $82.56

OPERATIONAL RESERVES FUNDING
Operation Reserves Collection $278.35 $0.00 $126.52 $126.52 $317.74 $181.25 Operational Reserve Contribution $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

CAPITAL IMPROVEMENT FUNDING
Capital Improvement Reserves Collection $1,251.33 $0.00 $378.33 $567.81 $76.11 $485.71 Subtotal Capital Improvement and Reserve Funding $1,529.69 $0.00 $504.85 $694.33 $393.84 $666.95

ADMINISTRATION
Total Annual District Administration $101.02 $264.19 $45.92 $45.92 $115.32 $65.78 Subtotal Administrative Cost $101.02 $264.19 $45.92 $45.92 $115.32 $65.78 Total Cost Amount $2,187.42 $1,720.05 $803.82 $993.30 $1,144.64 $1,095.23 Total Amount for Levy Submission $2,187.42 $1,314.61 $803.82 $993.30 $1,144.64 $1,095.23 Total City Subsidy $0.00 ($405.44) $0.00 $0.00 $0.00 $0.00

DISTRICT
Total Parcels 3 11 1 42 7 31
Total Benefit Units 3 11 1 42 7 31
Calculated Annual Assessment Rate per Benefit Unit $729.14 $119.51 $803.82 $23.65 $163.52 $35.33 Maximum Assessment Rate per Benefit Unit $729.15 $119.52 $803.83 $23.65 $163.53 $35.34 1 Amount Reflects 50% of Calculated Cost

133

3. Cost Estimate

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 16

Budget Item Zone 45 Zone 47 Zone 48 Zone 49 Zone 50 Zone 51

LANDSCAPE MAINTENANCE
Interior Landscape Maintenance $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Perimeter Landscape Maintenance1 $0.00 $0.00 $587.53 $0.00 $985.64 $0.00 Subtotal Landscape Maintenance $0.00 $0.00 $587.53 $0.00 $985.64 $0.00

STREET LIGHT MAINTENANCE
Interior Street Light Maintenance $809.76 $0.00 $113.60 $93.31 $0.00 $0.00 Perimeter Street Light Maintenance1 $366.39 $109.02 $56.80 $0.00 $0.00 $190.58 Subtotal Street Light Maintenance $1,176.15 $109.02 $170.40 $93.31 $0.00 $190.58

GENERAL BENEFIT EXPENSES
Landscape General Benefit - City Contribution1 $0.00 $0.00 $587.53 $0.00 $985.64 $0.00 Lighting General Benefit - City Contribution1 $366.39 $109.02 $56.80 $0.00 $0.00 $190.58 Equestrian General Benefit - City Contribution1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal General Benefit Expenses - Contributions $366.39 $109.02 $644.33 $0.00 $985.64 $190.58

OPERATIONAL RESERVES FUNDING
Operation Reserves Collection $588.07 $54.51 $378.96 $46.66 $110.14 $23.78 Operational Reserve Contribution $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

CAPITAL IMPROVEMENT FUNDING
Capital Improvement Reserves Collection $1,021.87 $189.75 $93.49 $242.86 $0.00 $0.00 Subtotal Capital Improvement and Reserve Funding $1,609.94 $244.26 $472.45 $289.51 $110.14 $23.78

ADMINISTRATION
Total Annual District Administration $213.43 $33.12 $137.54 $16.93 $178.86 $34.58 Subtotal Administrative Cost $213.43 $33.12 $137.54 $16.93 $178.86 $34.58 Total Cost Amount $2,999.52 $386.40 $1,367.92 $399.76 $1,274.64 $249.56 Total Amount for Levy Submission $2,999.52 $386.40 $1,367.92 $399.76 $1,274.64 $249.56 Total City Subsidy $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

DISTRICT
Total Parcels 16 12 8 4 8 17
Total Benefit Units 16 12 8 4 8 17
Calculated Annual Assessment Rate per Benefit Unit $187.47 $32.20 $170.99 $99.94 $159.33 $14.68 Maximum Assessment Rate per Benefit Unit $187.48 $32.200302 $171.00 $99.94 $159.34 $14.68 1 Amount Reflects 50% of Calculated Cost

134

3. Cost Estimate

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 17

Budget Item Zone 52 Zone 53 Zone 54 Zone 55 Zone 56 Zone 58

STREET LIGHT MAINTENANCE
Interior Street Light Maintenance $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Perimeter Street Light Maintenance1 $366.39 $50.61 $50.61 $303.66 $744.19 $241.55 Subtotal Street Light Maintenance $366.39 $50.61 $50.61 $303.66 $744.19 $241.55

GENERAL BENEFIT EXPENSES
Landscape General Benefit - City Contribution1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Lighting General Benefit - City Contribution1 $366.39 $50.61 $50.61 $303.66 $744.19 $241.55 Equestrian General Benefit - City Contribution1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal General Benefit Expenses - Contributions $366.39 $50.61 $50.61 $303.66 $744.19 $241.55

OPERATIONAL RESERVES FUNDING
Operation Reserves Collection $183.19 $25.30 $25.30 $151.83 $372.09 $120.78 Operational Reserve Contribution $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

CAPITAL IMPROVEMENT FUNDING
Capital Improvement Reserves Collection $304.11 $271.98 $237.47 $322.88 $1,270.65 $129.26 Subtotal Capital Improvement and Reserve Funding $487.30 $297.29 $262.78 $474.71 $1,642.74 $250.03

ADMINISTRATION
Total Annual District Administration $66.49 $9.18 $9.18 $55.10 $135.04 $46.09 Subtotal Administrative Cost $66.49 $9.18 $9.18 $55.10 $135.04 $46.09 Total Cost Amount $920.18 $357.08 $322.57 $833.47 $2,521.97 $537.68 Total Amount for Levy Submission $920.18 $357.08 $322.57 $833.47 $2,521.97 $537.68 Total City Subsidy $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

DISTRICT
Total Parcels 2 1 1 1 11 1
Total Benefit Units 2 1 1 1 11 1
Calculated Annual Assessment Rate per Benefit Unit $460.09 $357.08 $322.57 $833.47 $229.27 $537.68 Maximum Assessment Rate per Benefit Unit $460.10 $357.08 $322.58 $833.48 $229.27 $537.682336 1 Amount Reflects 50% of Calculated Cost

135

3. Cost Estimate

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 18

Budget Item Zone 59 Zone 60 Zone 61 Zone 62 Zone 63 Zone 65

STREET LIGHT MAINTENANCE
Interior Street Light Maintenance $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Perimeter Street Light Maintenance1 $253.05 $101.22 $1,214.64 $910.98 $151.83 $273.96 Subtotal Street Light Maintenance $253.05 $101.22 $1,214.64 $910.98 $151.83 $273.96

GENERAL BENEFIT EXPENSES
Landscape General Benefit - City Contribution1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Lighting General Benefit - City Contribution1 $253.05 $101.22 $1,214.64 $910.98 $151.83 $273.96 Equestrian General Benefit - City Contribution1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal General Benefit Expenses - Contributions $253.05 $101.22 $1,214.64 $910.98 $151.83 $273.96

OPERATIONAL RESERVES FUNDING
Operation Reserves Collection $126.52 $50.61 $607.32 $455.49 $75.91 $136.98 Operational Reserve Contribution $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

CAPITAL IMPROVEMENT FUNDING
Capital Improvement Reserves Collection $337.61 $250.23 $850.27 $687.80 $301.23 $360.54 Subtotal Capital Improvement and Reserve Funding $464.13 $300.84 $1,457.59 $1,143.29 $377.15 $497.52

ADMINISTRATION
Total Annual District Administration $45.92 $18.37 $220.42 $165.31 $27.55 $49.71 Subtotal Administrative Cost $45.92 $18.37 $220.42 $165.31 $27.55 $49.71 Total Cost Amount $763.10 $420.43 $2,892.64 $2,219.58 $556.53 $821.19 Total Amount for Levy Submission $763.10 $420.43 $2,892.64 $2,219.58 $556.53 $821.19 Total City Subsidy $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

DISTRICT
Total Parcels 2 1 1 3 39 3
Total Benefit Units 2 1 1 3 39 3
Calculated Annual Assessment Rate per Benefit Unit $381.55 $420.43 $2,892.64 $739.86 $14.27 $273.73 Maximum Assessment Rate per Benefit Unit $381.55 $420.44 $2,892.65 $739.86 $14.27 $273.74 1 Amount Reflects 50% of Calculated Cost

136

3. Cost Estimate

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 19

Budget Item Zone 66 Zone 67 Zone 68 Zone 69 Zone 71 Zone 72

STREET LIGHT MAINTENANCE
Interior Street Light Maintenance $2,539.34 $1,608.25 $0.00 $0.00 $0.00 $0.00 Perimeter Street Light Maintenance1 $188.08 $253.05 $542.09 $303.66 $72.98 $139.94 Subtotal Street Light Maintenance $2,727.42 $1,861.30 $542.09 $303.66 $72.98 $139.94

GENERAL BENEFIT EXPENSES
Landscape General Benefit - City Contribution1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Lighting General Benefit - City Contribution1 $188.08 $253.05 $542.09 $303.66 $72.98 $139.94 Equestrian General Benefit - City Contribution1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal General Benefit Expenses - Contributions $188.08 $253.05 $542.09 $303.66 $72.98 $139.94

OPERATIONAL RESERVES FUNDING
Operation Reserves Collection $1,363.71 $930.65 $271.05 $151.83 $36.49 $69.97 Operational Reserve Contribution $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

CAPITAL IMPROVEMENT FUNDING
Capital Improvement Reserves Collection $593.38 $680.46 $303.83 $426.92 $224.13 $75.82 Subtotal Capital Improvement and Reserve Funding $1,957.09 $1,611.11 $574.88 $578.75 $260.62 $145.79

ADMINISTRATION
Total Annual District Administration $494.93 $337.76 $134.17 $55.10 $13.24 $36.74 Subtotal Administrative Cost $494.93 $337.76 $134.17 $55.10 $13.24 $36.74 Total Cost Amount $5,179.44 $3,810.17 $1,251.14 $937.51 $346.84 $322.47 Total Amount for Levy Submission $5,179.44 $3,810.17 $1,251.14 $937.51 $346.84 $322.47 Total City Subsidy $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

DISTRICT
Total Parcels 84 53 94 59 23 1
Total Benefit Units 84 53 94 59 23 1
Calculated Annual Assessment Rate per Benefit Unit $61.66 $71.89 $13.31 $15.89 $15.08 $322.47 Maximum Assessment Rate per Benefit Unit $61.66 $71.90 $13.317239 $15.89 $15.08 $322.48 1 Amount Reflects 50% of Calculated Cost

137

3. Cost Estimate

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 20

Budget Item Zone 75 Zone 77 Zone 78 Zone 79 Zone 80 Zone 82

STREET LIGHT MAINTENANCE
Interior Street Light Maintenance $0.00 $0.00 $0.00 $0.00 $105.30 $0.00 Perimeter Street Light Maintenance1 $979.93 $987.81 $286.89 $66.32 $218.82 $286.89 Subtotal Street Light Maintenance $979.93 $987.81 $286.89 $66.32 $324.12 $286.89

GENERAL BENEFIT EXPENSES
Landscape General Benefit - City Contribution1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Lighting General Benefit - City Contribution1 $979.93 $987.81 $286.89 $66.32 $218.82 $286.89 Equestrian General Benefit - City Contribution1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal General Benefit Expenses - Contributions $979.93 $987.81 $286.89 $66.32 $218.82 $286.89

OPERATIONAL RESERVES FUNDING
Operation Reserves Collection $489.97 $493.91 $143.44 $33.16 $162.06 $143.44 Operational Reserve Contribution $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

CAPITAL IMPROVEMENT FUNDING
Capital Improvement Reserves Collection $219.28 $195.85 $135.26 $233.68 $1,445.85 $280.84 Subtotal Capital Improvement and Reserve Funding $709.25 $689.75 $278.71 $266.84 $1,607.91 $424.29

ADMINISTRATION
Total Annual District Administration $217.41 $215.87 $49.19 $12.03 $94.61 $49.19 Subtotal Administrative Cost $217.41 $215.87 $49.19 $12.03 $94.61 $49.19 Total Cost Amount $1,906.59 $1,893.44 $614.78 $345.19 $2,026.64 $760.36 Total Amount for Levy Submission $1,906.59 $1,893.44 $614.78 $345.19 $2,026.64 $760.36 Total City Subsidy $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

DISTRICT
Total Parcels 147 122 1 1 94 3
Total Benefit Units 147 122 1 1 94 1
Calculated Annual Assessment Rate per Benefit Unit $12.97 $15.52 $614.78 $345.19 $21.56 $760.36 Maximum Assessment Rate per Benefit Unit $12.978170 $15.526516 $614.780892 $345.20 $21.57 $760.36 1 Amount Reflects 50% of Calculated Cost

138

3. Cost Estimate

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 21

Budget Item Zone 83 Zone 84 Zone 85

LANDSCAPE MAINTENANCE
Interior Landscape Maintenance $0.00 $0.00 $0.00
Perimeter Landscape Maintenance1 $0.00 $0.00 $0.00
Subtotal Landscape Maintenance $0.00 $0.00 $0.00

STREET LIGHT MAINTENANCE
Interior Street Light Maintenance $0.00 $0.00 $0.00
Perimeter Street Light Maintenance1 $430.33 $6.72 $86.33 Subtotal Street Light Maintenance $430.33 $6.72 $86.33

EQUESTRIAN TRAIL MAINTENANCE
Interior Equestrian Trail Maintenance $0.00 $0.00 $0.00 Perimeter Equestrian Trail Maintenance1 $0.00 $0.00 $0.00 Subtotal Equestrian Trail Maintenance $0.00 $0.00 $0.00

PLANNED CAPITAL IMPROVEMENT EXPENDITURES
Landscape Improvements CIP Expenditures $0.00 $0.00 $0.00 Lighting Improvements CIP Expenditures $0.00 $0.00 $0.00 Subtotal Capital Improvement Expenditures $0.00 $0.00 $0.00

GENERAL BENEFIT EXPENSES
Landscape General Benefit - City Contribution1 $0.00 $0.00 $0.00 Lighting General Benefit - City Contribution1 $430.33 $6.72 $86.33 Equestrian General Benefit - City Contribution1 $0.00 $0.00 $0.00 Subtotal General Benefit Expenses - Contributions $430.33 $6.72 $86.33

OPERATIONAL RESERVES FUNDING
Operation Reserves Collection $215.16 $3.36 $43.17
Operational Reserve Contribution $0.00 $0.00 $0.00

CAPITAL IMPROVEMENT FUNDING
Capital Improvement Reserves Collection $118.05 $182.07 $156.09 Subtotal Capital Improvement and Reserve Funding $333.21 $185.43 $199.25

ADMINISTRATION
Total Annual District Administration $66.40 $16.21 $24.83 Subtotal Administrative Cost $66.40 $16.21 $24.83
Total Cost Amount $829.94 $208.35 $310.42
Total Amount for Levy Submission $829.94 $208.35 $310.42 Total City Subsidy $0.00 $0.00 $0.00

DISTRICT
Total Parcels 1 1 2
Total Benefit Units 1 1 2
Calculated Annual Assessment Rate per Benefit Unit $829.94 $208.35 $155.21 Maximum Assessment Rate per Benefit Unit $829.945009 $208.36 $155.219471 1 Amount Reflects 50% of Calculated Cost

139

4. Assessment Roll

City of Chino Landscape and Street Lighting District 2002-1 Engineer’s Report for Fiscal Year 2024-2025 22

The boundaries of Landscape and Street Light Maintenance District No. 2002 -1 coincide with the boundaries of the parcels included within the District as of the time of the adoption of the R esolution of Intention and the Initiation of these proceedings.

Reference is made to the County Assessor's Roll and Maps for a detailed description of the lines and dimensions of any lot or parcel. The lines and dimensions of each lot shall conform to those shown on the County Assessor's Maps for the Fiscal Year to which the "Report" applies.

Please refer to Appendix A for the Fiscal Year 2024-2025 Assessment Roll.

140

APPENDIX A
Fiscal Year 2024-2025 Assessment Roll

141
APN Levy Amount APN Levy Amount
CC08SP10 - LMD 2002-1 01
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1016122010000 $90.43
1016122020000 $90.43
1016122030000 $90.43
1016122040000 $90.43
1016122050000 $90.43
1016122060000 $90.43
1016122070000 $90.43
1016122080000 $90.43
1016122090000 $90.43
1016122100000 $90.43
1016122110000 $90.43
1016122120000 $90.43
1016122130000 $90.43
1016122140000 $90.43
1016122150000 $90.43
1016122160000 $90.43
1016122170000 $90.43
1016122180000 $90.43
1016122190000 $90.43
1016122200000 $90.43
1016131050000 $90.43
1016131060000 $90.43
1016131070000 $90.43
1016131080000 $90.43
1016131090000 $90.43
1016131100000 $90.43
1016131110000 $90.43
1016131120000 $90.43
1016131130000 $90.43
1016131140000 $90.43
1016131150000 $90.43
1016131160000 $90.43
1016131170000 $90.43
1016131180000 $90.43
1016131190000 $90.43
1016131200000 $90.43
1016131210000 $90.43
1016131220000 $90.43
1016131230000 $90.43
1016131240000 $90.43
1016131250000 $90.43
1016131260000 $90.43
1016131270000 $90.43
1016131280000 $90.43
1016131290000 $90.43
1016131300000 $90.43
1016131310000 $90.43
1016131320000 $90.43
1016131330000 $90.43
1016131340000 $90.43
1016131350000 $90.43
1016131360000 $90.43
1016131370000 $90.43
1016131380000 $90.43
1016131390000 $90.43
1016131400000 $90.43
1016131410000 $90.43
1016131420000 $90.43
1016131430000 $90.43
1016131440000 $90.43
1016131450000 $90.43
1016131460000 $90.43
1016131470000 $90.43
1016131480000 $90.43
1016131490000 $90.43
1016131500000 $90.43
1016131510000 $90.43
1016131520000 $90.43
1016131530000 $90.43
1016131540000 $90.43
1016131550000 $90.43
1016131560000 $90.43
1016131570000 $90.43
1016131580000 $90.43
1016131590000 $90.43
1016131600000 $90.43
1016131610000 $90.43
1016131620000 $90.43
1016131630000 $90.43
1016131640000 $90.43
1016131650000 $90.43
1016131660000 $90.43
82 $7,415.26

Page 1 of 86 ends

APN Levy Amount APN Levy Amount
CC08SP11 - LMD 2002-1 02
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1056041030000 $619.34
1056041040000 $619.34
1056161040000 $619.34
1056171080000 $619.34
1056171090000 $619.34
1056191020000 $619.34
6 $3,716.04

Page 2 of 86 ends

APN Levy Amount APN Levy Amount
CC08SP12 - LMD 2002-1 03
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1020121260000 $117.51
1020121270000 $117.51
1020121280000 $117.51
1020121290000 $117.51
1020121300000 $117.51
1020121310000 $117.51
1020121320000 $117.51
1020121330000 $117.51
1020121340000 $117.51
1020121350000 $117.51
1020121360000 $117.51
1020121370000 $117.51
1020121380000 $117.51
1020121390000 $117.51
1020121400000 $117.51
1020121410000 $117.51
1020121420000 $117.51
1020121430000 $117.51
1020121440000 $117.51
1020121450000 $117.51
1020121460000 $117.51
1020121470000 $117.51
1020131030000 $117.51
1020131040000 $117.51
1020131050000 $117.51
1020131060000 $117.51
1020131070000 $117.51
1020131080000 $117.51
1020131090000 $117.51
1020131100000 $117.51
1020131110000 $117.51
1020131120000 $117.51
1020131130000 $117.51
1020131140000 $117.51
1020131150000 $117.51
1020131160000 $117.51
1020131170000 $117.51
1020131180000 $117.51
1020131190000 $117.51
1020131200000 $117.51
1020131210000 $117.51
1020131220000 $117.51
1020131230000 $117.51
1020131240000 $117.51
1020131250000 $117.51
1020131260000 $117.51
1020131270000 $117.51
1020131280000 $117.51
1020131290000 $117.51
1020131300000 $117.51
1020131310000 $117.51
1020131320000 $117.51
1020131330000 $117.51
1020131340000 $117.51
1020131350000 $117.51
1020131360000 $117.51
1020131370000 $117.51
1020131380000 $117.51
1020132010000 $117.51
1020132020000 $117.51
1020132030000 $117.51
1020132040000 $117.51
1020132050000 $117.51
1020132060000 $117.51
1020132070000 $117.51
1020132080000 $117.51
1020132090000 $117.51
1020132100000 $117.51
1020132110000 $117.51
1020132120000 $117.51
1020132130000 $117.51
1020132140000 $117.51
1020132150000 $117.51
1020132160000 $117.51
1020132170000 $117.51
1020132180000 $117.51
1020132190000 $117.51
1020132200000 $117.51
1020132210000 $117.51
1020132220000 $117.51
1020132230000 $117.51
1020132240000 $117.51
1020132250000 $117.51
1020132260000 $117.51
1020132270000 $117.51
1020132280000 $117.51
1020132290000 $117.51
1020132300000 $117.51
1020132310000 $117.51
1020132320000 $117.51
1020132330000 $117.51
1020132340000 $117.51
1020132350000 $117.51
1020132360000 $117.51

Page 3 of 86 ends

APN Levy Amount APN Levy Amount
CC08SP12 - LMD 2002-1 03
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1020132370000 $117.51
1020132380000 $117.51
1020132390000 $117.51
1020132400000 $117.51
1020132410000 $117.51
1020132420000 $117.51
1020132430000 $117.51
1020132440000 $117.51
1020132450000 $117.51
1020132460000 $117.51
1020132470000 $117.51
1020132480000 $117.51
1020132490000 $117.51
1020132500000 $117.51
1020132510000 $117.51
1020132520000 $117.51
1020132530000 $117.51
1020132540000 $117.51
1020132550000 $117.51
1020132560000 $117.51
1020132570000 $117.51
1020132580000 $117.51
1020132590000 $117.51
1020132600000 $117.51
1020132610000 $117.51
1020132620000 $117.51
1020132630000 $117.51
121 $14,218.71

Page 4 of 86 ends

APN Levy Amount APN Levy Amount
CC08SP13 - LMD 2002-1 04
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1020201380000 $251.51
1020201390000 $251.51
1020201400000 $251.51
1020201410000 $251.51
1020201420000 $251.51
1020201430000 $251.51
1020201440000 $251.51
1020201450000 $251.51
1020201460000 $251.51
1020201470000 $251.51
1020201480000 $251.51
1020201490000 $251.51
1020201500000 $251.51
1020201510000 $251.51
1020201520000 $251.51
1020201530000 $251.51
1020201540000 $251.51
1020201550000 $251.51
1020201560000 $251.51
19 $4,778.69

Page 5 of 86 ends

APN Levy Amount APN Levy Amount
CC08SP14 - LMD 2002-1 05
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1021491050000 $15.50
1021491060000 $15.50
1021491070000 $15.50
1021491080000 $15.50
1021491100000 $15.50
1021491110000 $15.50
1021491160000 $15.50
1021491170000 $15.50
1021491180000 $15.50
1021491220000 $15.50
1021491230000 $15.50
1021491250000 $15.50
1021491270000 $15.50
1021491280000 $15.50
1021491290000 $15.50
15 $232.50

Page 6 of 86 ends

APN Levy Amount APN Levy Amount
CC08SP15 - LMD 2002-1 06
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1052031670000 $127.73
1052031680000 $127.73
1052031690000 $127.73
1052031700000 $127.73
1052031710000 $127.73
1052031720000 $127.73
1052031730000 $127.73
1052031740000 $127.73
1052031750000 $127.73
1052031760000 $127.73
1052031770000 $127.73
1052031780000 $127.73
1052031790000 $127.73
1052031800000 $127.73
1052031810000 $127.73
1052031820000 $127.73
1052031830000 $127.73
1052031840000 $127.73
1052031850000 $127.73
19 $2,426.87

Page 7 of 86 ends

APN Levy Amount APN Levy Amount
CC08SP16 - LMD 2002-1 07
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1013412120000 $38.37
1013412130000 $38.37
1013412140000 $38.37
1013412150000 $38.37
1013412160000 $38.37
1013412170000 $38.37
1013412180000 $38.37
1013412190000 $38.37
1013412200000 $38.37
1013412210000 $38.37
1013412220000 $38.37
1013412230000 $38.37
1013412240000 $38.37
1013412250000 $38.37
1013412260000 $38.37
1013412270000 $38.37
1013412280000 $38.37
1013412290000 $38.37
1013412300000 $38.37
19 $729.03

Page 8 of 86 ends

APN Levy Amount APN Levy Amount
CC08SP17 - LMD 2002-1 08
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1053491410000 $773.92
1053491420000 $773.92
1053491430000 $773.92
1053491440000 $773.92
4 $3,095.68

Page 9 of 86 ends

APN Levy Amount APN Levy Amount
CC08SP18 - LMD 2002-1 09
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1053491180000 $839.52
1053491190000 $839.52
1053491200000 $839.52
1053491210000 $839.52
1053491220000 $839.52
1053491230000 $839.52
1053491240000 $839.52
1053491250000 $839.52
1053491260000 $839.52
1053491270000 $839.52
1053491280000 $839.52
1053491290000 $839.52
1053491300000 $839.52
1053491310000 $839.52
1053491320000 $839.52
1053491330000 $839.52
1053491340000 $839.52
1053491350000 $839.52
1053491360000 $839.52
1053491370000 $839.52
1053491380000 $839.52
1053491390000 $839.52
1053491400000 $839.52
23 $19,308.96

Page 10 of 86 ends

APN Levy Amount APN Levy Amount
CC08SP19 - LMD 2002-1 10
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1021101400000 $89.35
1021101410000 $89.35
1021101420000 $89.35
1021101430000 $89.35
1021101440000 $89.35
1021231180000 $89.35
1021231190000 $89.35
1021231200000 $89.35
1021231210000 $89.35
1021231220000 $89.35
1021261050000 $89.35
11 $982.85

Page 11 of 86 ends

APN Levy Amount APN Levy Amount
CC08SP20 - LMD 2002-1 11
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1056051030000 $1,065.47
1056061070000 $1,065.47
2 $2,130.94

Page 12 of 86 ends

APN Levy Amount APN Levy Amount
CC08SP21 - LMD 2002-1 12
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1052331520000 $296.92
1052331530000 $296.92
1052331540000 $296.92
1052331550000 $296.92
1052331560000 $296.92
1052331570000 $296.92
1052331580000 $296.92
1052331590000 $296.92
1052331600000 $296.92
1052331610000 $296.92
1052331620000 $296.92
1052331630000 $296.92
1052331640000 $296.92
1052331650000 $296.92
1052331660000 $296.92
1052331670000 $296.92
1052331680000 $296.92
1052331690000 $296.92
1052331700000 $296.92
1052331710000 $296.92
1052331720000 $296.92
1052331730000 $296.92
1052331740000 $296.92
1052332010000 $296.92
1052332020000 $296.92
1052332030000 $296.92
1052332040000 $296.92
1052332050000 $296.92
1052332060000 $296.92
1052332070000 $296.92
1052332080000 $296.92
1052332090000 $296.92
1052332100000 $296.92
1052332110000 $296.92
1052332120000 $296.92
1052332130000 $296.92
1052332140000 $296.92
1052332150000 $296.92
1052332160000 $296.92
1052332170000 $296.92
1052332180000 $296.92
1052332190000 $296.92
1052332200000 $296.92
1052332210000 $296.92
1052332220000 $296.92
1052332230000 $296.92
1052332240000 $296.92
1052332250000 $296.92
1052332260000 $296.92
1052332270000 $296.92
1052332280000 $296.92
1052332290000 $296.92
1052332300000 $296.92
1052332310000 $296.92
1052332320000 $296.92
1052332330000 $296.92
1052332340000 $296.92
1052332350000 $296.92
1052332360000 $296.92
1052332370000 $296.92
1052332380000 $296.92
1052332390000 $296.92
1052332400000 $296.92
1052332410000 $296.92
1052332420000 $296.92
1052332430000 $296.92
1052332440000 $296.92
1052332450000 $296.92
1052332460000 $296.92
1052332470000 $296.92
1052341210000 $296.92
1052341220000 $296.92
1052341230000 $296.92
1052341240000 $296.92
1052341250000 $296.92
1052341260000 $296.92
1052341270000 $296.92
1052341280000 $296.92
1052341290000 $296.92
1052341300000 $296.92
1052341310000 $296.92
1052341320000 $296.92
1052341330000 $296.92
1052341340000 $296.92
1052341350000 $296.92
1052341360000 $296.92
1052341370000 $296.92
1052341380000 $296.92
1052341390000 $296.92
1052341400000 $296.92
1052341410000 $296.92
1052341420000 $296.92
1052341430000 $296.92
1052341440000 $296.92

Page 13 of 86 ends

APN Levy Amount APN Levy Amount
CC08SP21 - LMD 2002-1 12
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1052341450000 $296.92
1052341460000 $296.92
1052341470000 $296.92
1052341480000 $296.92
1052341490000 $296.92
1052341500000 $296.92
1052341510000 $296.92
1052341520000 $296.92
1052341530000 $296.92
1052341540000 $296.92
1052341550000 $296.92
1052341560000 $296.92
1052341570000 $296.92
1052341580000 $296.92
1052341590000 $296.92
1052341600000 $296.92
1052341610000 $296.92
1052341620000 $296.92
1052341630000 $296.92
1052341640000 $296.92
1052341650000 $296.92
1052341660000 $296.92
1052341670000 $296.92
1052341680000 $296.92
1052341690000 $296.92
1052341700000 $296.92
1052341710000 $296.92
1052341720000 $296.92
1052341730000 $296.92
1052341740000 $296.92
1052341750000 $296.92
1052341760000 $296.92
1052341770000 $296.92
1052341780000 $296.92
1052341790000 $296.92
1052341800000 $296.92
1052341810000 $296.92
1052341820000 $296.92
1052341830000 $296.92
1052341840000 $296.92
1052341850000 $296.92
1052341860000 $296.92
1052341870000 $296.92
1052342010000 $296.92
1052342020000 $296.92
1052342030000 $296.92
1052342040000 $296.92
1052342050000 $296.92
1052342060000 $296.92
1052342070000 $296.92
1052342080000 $296.92
1052342090000 $296.92
1052342100000 $296.92
1052342110000 $296.92
1052342120000 $296.92
1052342130000 $296.92
1052342140000 $296.92
1052342150000 $296.92
1052631150000 $296.92
1052631160000 $296.92
1052631170000 $296.92
1052631180000 $296.92
1052631190000 $296.92
1052631200000 $296.92
1052631210000 $296.92
1052631220000 $296.92
1052631230000 $296.92
1052631240000 $296.92
1052631250000 $296.92
1052631260000 $296.92
1052631270000 $296.92
1052631280000 $296.92
1052631290000 $296.92
1052631300000 $296.92
1052631310000 $296.92
1052631320000 $296.92
1052631330000 $296.92
1052631340000 $296.92
1052631350000 $296.92
1052631360000 $296.92
1052631370000 $296.92
1052631380000 $296.92
1052631390000 $296.92
1052631400000 $296.92
1052631410000 $296.92
1052631420000 $296.92
1052631430000 $296.92
1052631440000 $296.92
1052631450000 $296.92
1052631460000 $296.92
1052631470000 $296.92
1052631480000 $296.92
1052631490000 $296.92
1052631500000 $296.92

Page 14 of 86 ends

APN Levy Amount APN Levy Amount
CC08SP21 - LMD 2002-1 12
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1052631510000 $296.92
1052631520000 $296.92
1052631530000 $296.92
1052631540000 $296.92
1052631550000 $296.92
1052631560000 $296.92
1052631570000 $296.92
1052631580000 $296.92
1052631590000 $296.92
1052631600000 $296.92
1052631610000 $296.92
1052631620000 $296.92
1052631630000 $296.92
1052631640000 $296.92
1052631650000 $296.92
1052631660000 $296.92
1052631670000 $296.92
1052631680000 $296.92
1052631690000 $296.92
1052631700000 $296.92
1052631710000 $296.92
1052631720000 $296.92
1052631730000 $296.92
1052631740000 $296.92
1052631750000 $296.92
1052631760000 $296.92
1052631770000 $296.92
1052631780000 $296.92
1052631790000 $296.92
1052631800000 $296.92
1052631810000 $296.92
1052631820000 $296.92
1052631830000 $296.92
1052631840000 $296.92
1052631850000 $296.92
1052631860000 $296.92
1052631870000 $296.92
1052631880000 $296.92
1052631890000 $296.92
1052631900000 $296.92
1052632010000 $296.92
1052632020000 $296.92
1052632030000 $296.92
1052632040000 $296.92
1052632050000 $296.92
1052632060000 $296.92
1052632070000 $296.92
1052632080000 $296.92
1052632090000 $296.92
1052632100000 $296.92
238 $70,666.96

Page 15 of 86 ends

APN Levy Amount APN Levy Amount
CC08SP22 - LMD 2002-1 13
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1021461090000 $40.59
1021461100000 $40.59
1021461110000 $40.59
1021461120000 $40.59
1021461130000 $40.59
1021461140000 $40.59
1021461150000 $40.59
1021461160000 $40.59
1021461170000 $40.59
1021461180000 $40.59
1021461190000 $40.59
1021461200000 $40.59
1021461210000 $40.59
1021461220000 $40.59
1021461230000 $40.59
1021461240000 $40.59
1021461250000 $40.59
17 $690.03

Page 16 of 86 ends

APN Levy Amount APN Levy Amount
CC08SP23 - LMD 2002-1 14
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1020481640000 $53.65
1020481650000 $53.65
1020481660000 $53.65
1020481670000 $53.65
1020481680000 $53.65
1020481690000 $53.65
6 $321.90

Page 17 of 86 ends

APN Levy Amount APN Levy Amount
CC08SP24 - LMD 2002-1 15
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1052021570000 $129.78
1052021580000 $129.78
1052021590000 $129.78
1052021600000 $129.78
1052021610000 $129.78
1052021620000 $129.78
1052021630000 $129.78
1052021640000 $129.78
8 $1,038.24

Page 18 of 86 ends

APN Levy Amount APN Levy Amount
CC08SP25 - LMD 2002-1 16
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1052021690000 $130.93
1052021700000 $130.93
1052021710000 $130.93
1052021720000 $130.93
1052021730000 $130.93
1052021740000 $130.93
1052021750000 $130.93
1052021760000 $130.93
1052021770000 $130.93
1052021780000 $130.93
1052021790000 $130.93
11 $1,440.23

Page 19 of 86 ends

APN Levy Amount APN Levy Amount
CC08SP26 - LMD 2002-1 17
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1020511250000 $671.34
1020511260000 $671.34
1020511270000 $671.34
1020511280000 $671.34
1020511290000 $671.34
1020511300000 $671.34
1020511310000 $671.34
1020511320000 $671.34
1020511330000 $671.34
1020511350000 $671.34
1020511360000 $671.34
1020511370000 $671.34
1020511380000 $671.34
1020511390000 $671.34
1020511400000 $671.34
1020511410000 $671.34
1020511420000 $671.34
1020511460000 $671.34
18 $12,084.12

Page 20 of 86 ends

APN Levy Amount APN Levy Amount
CC08SP27 - LMD 2002-1 18
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1052362010000 $44.02
1052362020000 $44.02
1052362030000 $44.02
1052362040000 $44.02
1052362050000 $44.02
1052362060000 $44.02
1052362070000 $44.02
1052362080000 $44.02
1052362090000 $44.02
1052362100000 $44.02
1052362110000 $44.02
1052362120000 $44.02
1052362130000 $44.02
1052362140000 $44.02
1052362150000 $44.02
1052362160000 $44.02
1052362170000 $44.02
1052362180000 $44.02
1052362190000 $44.02
1052362200000 $44.02
1052362210000 $44.02
1052362220000 $44.02
1052362230000 $44.02
1052362240000 $44.02
1052362250000 $44.02
1052362260000 $44.02
1052362270000 $44.02
1052362280000 $44.02
1052362290000 $44.02
1052362300000 $44.02
1052362310000 $44.02
1052362320000 $44.02
1052362330000 $44.02
1052362340000 $44.02
1052362350000 $44.02
1052362360000 $44.02
1052362370000 $44.02
1052362380000 $44.02
1052362390000 $44.02
1052362400000 $44.02
1052362410000 $44.02
1052362420000 $44.02
1052362430000 $44.02
1052362440000 $44.02
1052362450000 $44.02
1052362460000 $44.02
1052362470000 $44.02
1052362480000 $44.02
1052362490000 $44.02
1052362500000 $44.02
1052362510000 $44.02
1052362520000 $44.02
1052362530000 $44.02
1052362540000 $44.02
1052362550000 $44.02
1052362560000 $44.02
1052362570000 $44.02
1052362580000 $44.02
1052362590000 $44.02
1052362600000 $44.02
1052362610000 $44.02
1052362620000 $44.02
1052362630000 $44.02
1052362640000 $44.02
1052362650000 $44.02
1052362660000 $44.02
1052362670000 $44.02
1052372010000 $44.02
1052372020000 $44.02
1052372030000 $44.02
1052372040000 $44.02
1052372050000 $44.02
1052372060000 $44.02
1052372070000 $44.02
1052372080000 $44.02
1052372090000 $44.02
1052372100000 $44.02
1052372110000 $44.02
1052372120000 $44.02
1052372130000 $44.02
1052372140000 $44.02
1052372150000 $44.02
1052372160000 $44.02
1052372170000 $44.02
1052372180000 $44.02
1052372190000 $44.02
1052372200000 $44.02
1052372210000 $44.02
1052372220000 $44.02
1052372230000 $44.02
1052372290000 $44.02
1052372300000 $44.02
1052372310000 $44.02
1052372320000 $44.02

Page 21 of 86 ends

APN Levy Amount APN Levy Amount
CC08SP27 - LMD 2002-1 18
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1052373010000 $44.02
1052373020000 $44.02
1052373030000 $44.02
1052373040000 $44.02
1052373050000 $44.02
1052373060000 $44.02
1052373070000 $44.02
1052373080000 $44.02
1052373090000 $44.02
1052373100000 $44.02
1052373110000 $44.02
1052373120000 $44.02
1052373130000 $44.02
1052373140000 $44.02
1052373150000 $44.02
1052373160000 $44.02
1052373170000 $44.02
1052373180000 $44.02
1052373190000 $44.02
1052373200000 $44.02
1052373210000 $44.02
1052373220000 $44.02
1052373230000 $44.02
1052373240000 $44.02
1052373250000 $44.02
1052373260000 $44.02
1052373270000 $44.02
1052373280000 $44.02
1052373290000 $44.02
1052373300000 $44.02
1052373310000 $44.02
1052373320000 $44.02
1052373330000 $44.02
1052373340000 $44.02
1052373350000 $44.02
1052373360000 $44.02
1052373370000 $44.02
1052373380000 $44.02
1052373390000 $44.02
1052373400000 $44.02
1052373410000 $44.02
1052373420000 $44.02
1052373550000 $44.02
1052373560000 $44.02
1052373570000 $44.02
1052373580000 $44.02
1052373590000 $44.02
1052373600000 $44.02
1052373610000 $44.02
1052373620000 $44.02
1052373630000 $44.02
1052373640000 $44.02
1052373650000 $44.02
1052373660000 $44.02
1052373670000 $44.02
1052373680000 $44.02
1052373690000 $44.02
1052373710000 $44.02
1052373720000 $44.02
1052373730000 $44.02
1052373740000 $44.02
1052373750000 $44.02
1052373760000 $44.02
1052373770000 $44.02
1052373780000 $44.02
1052373790000 $44.02
1052373800000 $44.02
1052373810000 $44.02
1052373820000 $44.02
1052373840000 $44.02
1052373850000 $44.02
1052373860000 $44.02
1052592010000 $44.02
1052592020000 $44.02
1052592030000 $44.02
1052592040000 $44.02
1052592050000 $44.02
1052592060000 $44.02
1052592070000 $44.02
1052592080000 $44.02
1052592090000 $44.02
1052592100000 $44.02
1052592110000 $44.02
1052592120000 $44.02
1052592130000 $44.02
1052592140000 $44.02
1052592150000 $44.02
1052592160000 $44.02
1052592170000 $44.02
1052592180000 $44.02
1052592190000 $44.02
1052592200000 $44.02
1052592210000 $44.02
1052592220000 $44.02

Page 22 of 86 ends

APN Levy Amount APN Levy Amount
CC08SP27 - LMD 2002-1 18
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1052592230000 $44.02
1052592240000 $44.02
1052592250000 $44.02
1052592260000 $44.02
1052592270000 $44.02
1052593010000 $44.02
1052593020000 $44.02
1052593030000 $44.02
1052593040000 $44.02
1052593050000 $44.02
1052593060000 $44.02
1052593070000 $44.02
1052593080000 $44.02
1052593090000 $44.02
1052593100000 $44.02
1052593110000 $44.02
1052593120000 $44.02
1052593130000 $44.02
1052593140000 $44.02
1052593150000 $44.02
1052593160000 $44.02
1052593170000 $44.02
1052593180000 $44.02
1052593190000 $44.02
1052593200000 $44.02
1052593210000 $44.02
1052593220000 $44.02
1052593230000 $44.02
1052593240000 $44.02
1052593250000 $44.02
1052593260000 $44.02
1052593270000 $44.02
1052593280000 $44.02
1052593290000 $44.02
1052593300000 $44.02
1052593310000 $44.02
1052593320000 $44.02
1052593330000 $44.02
1052593340000 $44.02
1052593350000 $44.02
1052593360000 $44.02
1052593370000 $44.02
1052593380000 $44.02
1052593390000 $44.02
1052593400000 $44.02
1052593410000 $44.02
1052593420000 $44.02
1052593430000 $44.02
1052593440000 $44.02
1052593450000 $44.02
1052593460000 $44.02
1052593470000 $44.02
1052593480000 $44.02
1052593490000 $44.02
1052593500000 $44.02
1052593510000 $44.02
1052593520000 $44.02
1052593530000 $44.02
1052593540000 $44.02
1052593550000 $44.02
1052593560000 $44.02
1052594010000 $44.02
1052594020000 $44.02
1052594030000 $44.02
1052594040000 $44.02
1052594050000 $44.02
1052594060000 $44.02
1052594070000 $44.02
1052594080000 $44.02
1052594090000 $44.02
1052594100000 $44.02
1052594110000 $44.02
1052594120000 $44.02
1052594130000 $44.02
1052594140000 $44.02
1052594150000 $44.02
1052594160000 $44.02
1052594170000 $44.02
1052594290000 $44.02
1052594300000 $44.02
1052594310000 $44.02
1052594320000 $44.02
1052594330000 $44.02
1052594340000 $44.02
1052594350000 $44.02
1052594360000 $44.02
1052594370000 $44.02
1052594380000 $44.02
1052594390000 $44.02
1052594400000 $44.02
1052594410000 $44.02
1052594420000 $44.02
1052594430000 $44.02
1052594440000 $44.02

Page 23 of 86 ends

APN Levy Amount APN Levy Amount
CC08SP27 - LMD 2002-1 18
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1052594450000 $44.02
1052594460000 $44.02
1052594470000 $44.02
1052594480000 $44.02
1052594490000 $44.02
1052594510000 $44.02
1052594520000 $44.02
1052594530000 $44.02
1052594540000 $44.02
1052594550000 $44.02
1052594560000 $44.02
1052594570000 $44.02
1052594580000 $44.02
1052594590000 $44.02
1052594600000 $44.02
1052594610000 $44.02
1052594620000 $44.02
1052594630000 $44.02
1052594640000 $44.02
1052594650000 $44.02
1052594660000 $44.02
1052594670000 $44.02
1052594680000 $44.02
1052594690000 $44.02
1052594700000 $44.02
1052594710000 $44.02
308 $13,558.16

Page 24 of 86 ends

APN Levy Amount APN Levy Amount
CC08SP28 - LMD 2002-1 19
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1027221030000 $2,886.54
1 $2,886.54

Page 25 of 86 ends

APN Levy Amount APN Levy Amount
CC08SP29 - LMD 2002-1 20
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1021531030000 $35.11
1021531040000 $35.11
1021531050000 $35.11
1021531060000 $35.11
1021531070000 $35.11
1021531080000 $35.11
1021531090000 $35.11
1021531100000 $35.11
1021531110000 $35.11
1021531120000 $35.11
1021531130000 $35.11
1021531140000 $35.11
1021531150000 $35.11
1021531160000 $35.11
14 $491.54

Page 26 of 86 ends

APN Levy Amount APN Levy Amount
CC08SP30 - LMD 2002-1 21
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1021221240000 $180.11
1021221250000 $180.11
2 $360.22

Page 27 of 86 ends

APN Levy Amount APN Levy Amount
CC08SP31 - LMD 2002-1 22
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1021191080000 $60.30
1021191100000 $60.30
1021191110000 $60.30
1021191120000 $60.30
1021191130000 $60.30
1021191140000 $60.30
1021191150000 $60.30
1021191160000 $60.30
1021191170000 $60.30
1021191180000 $60.30
1021191190000 $60.30
1021191200000 $60.30
1021191210000 $60.30
1021191220000 $60.30
1021191230000 $60.30
15 $904.50

Page 28 of 86 ends

APN Levy Amount APN Levy Amount
CC08SP32 - LMD 2002-1 23
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1022071240000 $22.63
1022071250000 $22.63
1022071260000 $22.63
1022071270000 $22.63
1022071280000 $22.63
1022071290000 $22.63
1022071300000 $22.63
1022071310000 $22.63
1022071320000 $22.63
1022071330000 $22.63
1022071340000 $22.63
1022071350000 $22.63
1022071360000 $22.63
1022071370000 $22.63
1022071380000 $22.63
1022071390000 $22.63
1022071400000 $22.63
1022071410000 $22.63
1022071420000 $22.63
19 $429.97

Page 29 of 86 ends

APN Levy Amount APN Levy Amount
CC08SP33 - LMD 2002-1 24
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1013331320000 $68.31
1013331330000 $68.31
1013331340000 $68.31
1013331350000 $68.31
1013331360000 $68.31
1013331370000 $68.31
1013331380000 $68.31
1013331390000 $68.31
1013331400000 $68.31
1013331410000 $68.31
1013331420000 $68.31
1013331430000 $68.31
1013331440000 $68.31
1013331450000 $68.31
14 $956.34

Page 30 of 86 ends

APN Levy Amount APN Levy Amount
CC08SP34 - LMD 2002-1 26
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1021061090000 $55.94
1 $55.94

Page 31 of 86 ends

APN Levy Amount APN Levy Amount
CC08SP35 - LMD 2002-1 27
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1016211080000 $219.32
1016211090000 $219.32
1016211100000 $219.32
1016211110000 $219.32
1016211120000 $219.32
1016211130000 $219.32
1016211140000 $219.32
1016211150000 $219.32
1016211180000 $219.32
1016211190000 $219.32
1016211200000 $219.32
1016211210000 $219.32
1016211220000 $219.32
1016211230000 $219.32
1016211240000 $219.32
1016211250000 $219.32
1016211270000 $219.32
17 $3,728.44

Page 32 of 86 ends

APN Levy Amount APN Levy Amount
CC08SP36 - LMD 2002-1 28
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1027121290000 $101.91
1027121300000 $101.91
1027121310000 $101.91
1027121320000 $101.91
1027121330000 $101.91
1027121340000 $101.91
1027121350000 $101.91
1027121360000 $101.91
1028202260000 $101.91
9 $917.19

Page 33 of 86 ends

APN Levy Amount APN Levy Amount
CC08SP37 - LMD 2002-1 29
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1020211420000 $97.05
1020211430000 $97.05
1020211440000 $97.05
1020211450000 $97.05
1020211460000 $97.05
1020211470000 $97.05
1020211480000 $97.05
1020211490000 $97.05
1020211500000 $97.05
1020211510000 $97.05
1020211520000 $97.05
1020211530000 $97.05
1020211540000 $97.05
1020211550000 $97.05
1020211560000 $97.05
1020211570000 $97.05
1020211580000 $97.05
1020211590000 $97.05
1020211600000 $97.05
1020211610000 $97.05
1020211620000 $97.05
1020211630000 $97.05
22 $2,135.10

Page 34 of 86 ends

APN Levy Amount APN Levy Amount
CC08SP38 - LMD 2002-1 30
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1014371580000 $172.26
1014371590000 $172.26
1014371600000 $172.26
1014371610000 $172.26
4 $689.04

Page 35 of 86 ends

APN Levy Amount APN Levy Amount
CC08SP39 - LMD 2002-1 31
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1028202290000 $61.43
1028202300000 $61.43
1028202310000 $61.43
1028202320000 $61.43
1028202330000 $61.43
1028202340000 $61.43
1028202350000 $61.43
1028202360000 $61.43
1028202370000 $61.43
1028202380000 $61.43
10 $614.30

Page 36 of 86 ends

APN Levy Amount APN Levy Amount
CC08SP40 - LMD 2002-1 32
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1053431040000 $127.18
1053431050000 $127.18
1053431060000 $127.18
1053431070000 $127.18
1053431080000 $127.18
1053441160000 $127.18
1053441170000 $127.18
1053441180000 $127.18
1053441190000 $127.18
1053441200000 $127.18
1053441210000 $127.18
1053441220000 $127.18
1053441230000 $127.18
1053441240000 $127.18
1053441250000 $127.18
1053441260000 $127.18
1053441270000 $127.18
17 $2,162.06

Page 37 of 86 ends

APN Levy Amount APN Levy Amount
CC08SP41 - LMD 2002-1 33
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1056181030000 $617.32
1 $617.32

Page 38 of 86 ends

APN Levy Amount APN Levy Amount
CC08SP42 - LMD 2002-1 34
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1056021070000 $1,712.40
1 $1,712.40

Page 39 of 86 ends

APN Levy Amount APN Levy Amount
ANNEX35 - LMD 2002-1 35
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1020631360000 $506.37
1020631440000 $506.37
1020631450000 $506.37
3 $1,519.11

Page 40 of 86 ends

APN Levy Amount APN Levy Amount
CC08SP43 - LMD 2002-1 37
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1020274030000 $159.53
1020274080000 $159.53
1020274090000 $159.53
1020274100000 $159.53
1020274110000 $159.53
1020274140000 $159.53
1020274170000 $159.53
1020274180000 $159.53
1020274190000 $159.53
1020274200000 $159.53
1020274210000 $159.53
11 $1,754.83

Page 41 of 86 ends

APN Levy Amount APN Levy Amount
CC08SP44 - LMD 2002-1 38
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1021142180000 $54.43
1021142190000 $54.43
1021142200000 $54.43
1021142210000 $54.43
1021142220000 $54.43
1021142230000 $54.43
1021142240000 $54.43
1021142250000 $54.43
1021142260000 $54.43
1021142270000 $54.43
10 $544.30

Page 42 of 86 ends

APN Levy Amount APN Levy Amount
CC08SP45 - LMD 2002-1 39
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1027041060000 $729.14
1027081030000 $729.14
1027081040000 $729.14
3 $2,187.42

Page 43 of 86 ends

APN Levy Amount APN Levy Amount
CC08SP46 - LMD 2002-1 40
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1020371270000 $119.51
1020371280000 $119.51
1020371290000 $119.51
1020371300000 $119.51
1020371310000 $119.51
1020371320000 $119.51
1020371330000 $119.51
1020371340000 $119.51
1020371350000 $119.51
1020371360000 $119.51
1020371370000 $119.51
11 $1,314.61

Page 44 of 86 ends

APN Levy Amount APN Levy Amount
CC08SL77 - LMD 2002-1 41
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1027051020000 $803.82
1 $803.82

Page 45 of 86 ends

APN Levy Amount APN Levy Amount
CC08SP47 - LMD 2002-1 42
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1022051100000 $23.65
1022051110000 $23.65
1022051130000 $23.65
1022051140000 $23.65
1022051150000 $23.65
1022051160000 $23.65
1022051170000 $23.65
1022051180000 $23.65
1022051190000 $23.65
1022051200000 $23.65
1022051210000 $23.65
1022051220000 $23.65
1022051230000 $23.65
1022051240000 $23.65
1022051250000 $23.65
1022051260000 $23.65
1022051270000 $23.65
1022051280000 $23.65
1022051290000 $23.65
1022051300000 $23.65
1022051310000 $23.65
1022051320000 $23.65
1022051330000 $23.65
1022051340000 $23.65
1022051350000 $23.65
1022051360000 $23.65
1022051370000 $23.65
1022051380000 $23.65
1022051390000 $23.65
1022051400000 $23.65
1022051410000 $23.65
1022051420000 $23.65
1022051430000 $23.65
1022051440000 $23.65
1022051450000 $23.65
1022051460000 $23.65
1022051470000 $23.65
1022051480000 $23.65
1022051490000 $23.65
1022051500000 $23.65
1022051510000 $23.65
1022051520000 $23.65
42 $993.30

Page 46 of 86 ends

APN Levy Amount APN Levy Amount
CC08SP48 - LMD 2002-1 43
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1016201690000 $163.52
1016201700000 $163.52
1016201710000 $163.52
1016201720000 $163.52
1016201730000 $163.52
1016201740000 $163.52
1016201750000 $163.52
7 $1,144.64

Page 47 of 86 ends

APN Levy Amount APN Levy Amount
CC08SP49 - LMD 2002-1 44
CITY OF CHINO LMD 2002-1
Fiscal Year 2024-25 Assessment Roll
1020561160000 $35.33
1020561170000 $35.33
1020561180000 $35.33
1020561190000 $35.33
1020561200000 $35.33
1020561210000 $35.33
1020561220000 $35.33
1020561230000 $35.33
1020561240000 $35.33
1020561250000 $35.33
1020561260000 $35.33
1020561270000 $35.33
1020561280000 $35.33
1020561290000 $35.33
1020561300000 $35.33
1020561310000 $35.33
1020561320000 $35.33
1020561330000 $35.33
1020561340000 $35.33
1020561350000 $35.33
1020561360000 $35.33
1020561370000 $35.33
1020561380000 $35.33
1020561390000 $35.33
1020561400000 $35.33
1020561410000 $35.33
1020561420000 $35.33
1020561430000 $35.33
1020561440000 $35.33
1020561450000 $35.33
1020561460000 $35.33
31 $1,095.23

Page 48 of 86 ends

Chino City CouncilJuly 2, 2024

Chino City Council
July 2, 2024