Agenda packet — Chino City Council, April 1, 2025 (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 public comments to CityClerk@cityofchino .org no later than 4:00 p.m. on the day of the meeting. In your email, please include the meeting date, agenda item you are commenting on, and your comment. All comments received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter and will be entered into the record for the meeting specified in email received.

If you require a reasonable accommodation to participate in this meeting per your rights under the Americans with Disabilities Act or for any other reason, please contact the City Clerk ’s Office (909) 334-3306, at least 48 hours prior to the advertised starting time of the meeting.

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

CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, APRIL 1, 2025

REGULAR MEETING
AGENDA
CLOSED SESSION – 5:00 PM
OPEN SESSION – 6:00 PM
_________________________________________________________________________________

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

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

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9 Name of case: US ex rel. Hendrix v. J-M Manufacturing Co., Inc. (C.D. Cal., Case No. 06-00055(GW))

FLAG SALUTE
1 CHINO CITY COUNCIL
APRIL 1, 2025 2

CEREMONIALS
Proclamations
Arbor Day - Proclaim April 4, 2025, as Arbor Day in the City of Chino in accordance with National Arbor Day Foundation.

Autism Awareness Month - Proclaim April 2025 as Autism Awareness Month in the City of Chino.

Child Abuse Prevention Month. - Proclaim April 2025 as Child Abuse Prevention Month in the City of Chino.

Presentations
Chino Police Department Annual Department Awards - Recognition of Police Officer of the Year Parwaiz Hussainian, Professional Staff Member of the Year Public Safety Dispatcher Jennifer Latham, and Volunteer of the Year Police Explorer Emma Rivera.

Business of the Month - Award of Business of the Month for April 2025 to Christian Printing Service.

San Antonio Regional Hospital Presentation. Regional Healthcare Update Presentation from John Chapman, President and CEO of San Antonio Regional Hospital.

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.

INFORMATION
Fire Hazard Severity Zones. Receive information from the Chino Valley Fire District regarding the Fire Hazard Severity Zones presented by Fire Marshal Danielle O'Toole.

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 774797 to 775017, and Electronic Fund Transfers 524005E to 524105E, totaling $3,608,384.34 2 CHINO CITY COUNCIL
APRIL 1, 2025 3

2. Minutes. Regular Meeting Minutes for March 18, 2025 (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. Home Improvement Policy Update. Approve updates to the City of Chino Home Improvement Policy Program.

5. 2024 General Plan and Housing Element Annual Report. Receive and file the 2024 General Plan and Housing Element Annual Reports which will subsequently be filed with the Governor's Office of Planning and Research and the California Department of Housing and Community Development.

6. Chino Preserve Development Corporation - Final Map, Subdivision Improvement Agreement, and Construction Reimbursement Agreement for Tract Map No. 16420 -6 (Block 11). Approve Final Map, Subdivision Improvement Agreement, and Construction Reimbursement Agreement for Tract Map No. 16420-6 (Block 11), generally located generally located south of Legacy Park Street, east of Main Street, and north of East Preserve Loop.

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

7. Community Development Block Grant (CDBG) FY 2024 -25 Action Plan - Substantial Amendment. Adoption of Resolution 2025 -010 Fiscal Year 2024-25 Substantial Amendment to the Community Development Block Grant (CDBG) Action Plan.

Staff Report By: Traci Rossetti-Smith, Senior Management Analyst RECOMMENDATION: 1) Conduct a Public Hearing; 2) adopt Resolution 2025 -010, approving the substantial amendment to the City of Chino's FY 2024 -25 Annual Action Plan for the Community Development Block Grant (CDBG) Program; 3) transfer $298,868.65 in Fund 350 allocated funds from project PF253 to project SN240; 4) authorize the City Manager to execute all required documents pertaining to the amendment; and 5) approve submission of the amendment to the United States Department of Housing and Urban Development (HUD).

NEW BUSINESS

8. Fiscal Year 2024 -25 Midyear Budget Review. Adopt Resolution No. 2025 -012 to Approve the Midyear Budget Adjustments for Fiscal Year 2024-25.

Staff Report By: Linda Reich, City Manager and Kim Sao, Director of Finance RECOMMENDATION: Adopt Resolution No. 2025 -012, authorizing the Midyear Budget adjustments for FY 2024-25 as detailed in the attached Exhibits A, B, and C.

9. Abatement Payment - California Department of Transportation (CalTrans) for the Pine Avenue Connector Project ST061. Approve an abatement payment to the California Department of Transportation (CalTrans) for the Pine Avenue Connector Project ST -061 in the amount of $1,529,549.

Staff Report By: Hye Jin Lee, Director of Public Works
3 CHINO CITY COUNCIL
APRIL 1, 2025 4
RECOMMENDATION: 1) Appropriate $985,421 to the Transportation Fund backfilled by General Fund; 2) approve the abatement payment to the California Department of Transportation (Caltrans) for the Pine Avenue Connector Project ST061 in the amount of $1,529,549; 3) establish a new Capital Improvement Project No. ST261 for the Pine Avenue Connector / Bridge Project, formally closing out Pine Avenue Connector Project ST061; and 4) authorize the City Manager to execute all necessary documents on behalf of the City.

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

Mayor Ulloa
Mayor Pro Tem Burton
Council Member Comstock

10. Community Support Fund - Council Member Comstock. Approve a community support fund contribution to various nonprofit organizations.

Staff Report By: Council Member Comstock
RECOMMENDATION: Approve a community support fund contribution of $250 to Boy Scout Troop 201, $500 to Chino American Little League, $250 to Chino Boxing Club, $500 to Chino Girls Fastpitch Softball, $250 to Chino Neighborhood House, $250 to Chino Police Officers’ Foundation for the Run for Russ 5K/Walk, $250 to Chino Police Explorer Post #211, $250 to Chino Pop Warner, $250 to Isaiah’s Rock, $250 to Chino Kiwanis Club for the Kiwanis Corn Feed Run, and $250 to UCHOOZ Positive Youth.

Council Member Flores
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, April 15, 2025 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 Friday, March 28, 2025 this agenda was posted on the south window of Chino City Hall and this agenda together with all of the agenda reports and related documents were posted on the City’s website at www.cityofchino.org by myself or under my direction.
4 CHINO CITY COUNCIL
APRIL 1, 2025 5
_______________________________________
Natalie Gonzaga, City Clerk.
5 MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 1, 2025

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

RECREATION

SUBJECT
..titl e
Arbor Day
..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:
 Commitment to Our Community
 Positive City Image
 Public Service Excellence Through Internal & External Partnerships  Superior Customer Service

6 7

MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 1, 2025

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

RECREATION

SUBJECT
..titl e
Autism Awareness Month
..end
..body

8 9

MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 1, 2025

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

RECREATION

SUBJECT
..titl e
Proclaim April 2025 as Child Abuse Prevention Month.
..end
..body

10 11

MEMORANDUM

CITY OF CHINO

POLICE DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 1, 2025

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

SUBJECT
..titl e
Chino Police Department Annual Department Awards
..end
..body

12 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 1, 2025

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

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

13 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 1, 2025

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

SUBJECT
..titl e
San Antonio Regional Hospital Presentation.
..end
..body

14 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 1, 2025

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

SUBJECT
..titl e
Fire Hazard Severity Zones.
..end
..body

15 MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 1, 2025

TO: LINDA REICH, CITY MANAGER
FROM: KIM SAO, DIRECTOR OF FINANCE

SUBJECT
..titl e
Warrants.
..end

RECOMMENDATION
Approve expenses as audited and within budget for warrants 774797 to 775017, and Electronic Fund Transfers 524005E to 524105E, totaling $3,608,384.34. ..body

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 24-25 Adopted Budget.

Revenue:

Expenditure:
16 CITY COUNCIL MEETING DATE: APRIL 1, 2025
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 CHECK DATE FY AMOUNT

1. 774797 – 774900 3/13/25 24-25 $681,089.85

2. 774901 3/14/25 24-25 $12,219.10

3. 774902 – 775017 3/20/25 24-25 $1,139,023.73

4. 524005E – 524056E 3/14/25 24-25 $1,411,792.86

5. 524057E – 524105E 3/21/25 24-25 $364,258.80
24-25
TOTAL $3,608,384.34

E: Electronic Fund Transfers

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

Attachment

17 Council Meeting 4/1/25

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

Check
Number Check Date Vendor Name Description Amount
774809 03/13/2025 BIGGS CARDOSA ASSOCIATES, INC. EUCLID BRIDGE DESIGN $151,533.00 774900 WASTE MANAGEMENT COLLECTION SERVICES $195,017.59 524009 03/14/2025 CALGON CARBON CORPORATION CALGON TREATMENT $55,976.00 524012 CHINO VALLEY INDEPENDENT FIRE DISTRICT FIRE PROTECTION SERVICES $1,088,380.01 524029 INLAND EMPIRE UTILITIES AGENCY NON-RECLAIMABLE WASTEWATER $70,040.88 774919 03/20/2025 CHINO VALLEY UNIFIED SCHOOL DISTRICT CVUSD CROSSING GUARDS $178,248.59 775011 WASTE MANAGEMENT REFUSE COLLECTION $528,039.07 524083 03/21/2025 HUMANE SOCIETY OF POMONA VALLEY ANIMAL CONTROL SERVICES $65,150.00 524086

LANDSCAPE WEST MANAGEMENT SERVICES,
INC. LANDSCAPE MAINTENANCE $63,070.00

9 TOTAL $2,395,455.14

18 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 1, 2025

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

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

19 CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

REGULAR MEETING - CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, MARCH 18, 2025

MINUTES
6:00 PM
_________________________________________________________________________________

CALL TO ORDER
The March 18, 2025, Regular Meeting of the City Council / Successor Agency to the Redevelopment Agency was called to order at 6:02 pm by Mayor Eunice M. Ulloa in the Council Chambers.

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

Comstock, Council Member Christopher Flores, and Council Member Marc Lucio ABSENT: NONE.

FLAG SALUTE
Girl Scout Troop 5181 and 5034 led the Pledge of Allegiance.

CEREMONIALS
Assemblymember Michelle Rodriguez' 2025 Women of the Year - Recognition of District 53 Assemblymember Michelle Rodriguez’ Woman of the Year awardee City of Chino Council Member Karen Comstock.

Mayor Ulloa introduced Assemblymember Michelle Rodriguez's Field Representative Sophia Cohen who presented Council Member Karen Comstock's 53rd Assembly District Woman of the Year Proclamation. Janelle Ruiz, Public Affairs Manager, Southern California Gas Company, recognized Council Member Comstock with flowers. Mayor Ulloa and the City Council Members presented a flower arrangement to Council Member Comstock. Council Member Comstock was accompanied by many family members who she thanked for their support and expressed appreciation for the being selected as a recipient for this prestigious award.

Chino Pop Warner Lady Colts Varsity 15U Cheer Team - Recognition of the Chino Pop Warner Lady Colts Varsity 15U Cheer Team National Championship Winners.

Mayor Ulloa invited Chino Pop Warner Lady Colts Varsity 15U Cheer Team Head Coach Deanna Oviedo, Assistant Coaches, and Team Parent who presented certificates to the Chino Pop Warner Lady Colts Varsity 15U Cheer Team.

AGENDA ADDITIONS/REVISIONS
Assistant City Manager Jackie Melendez reported there were no additions or revisions to the agenda.
20 CHINO CITY COUNCIL
MARCH 18, 2025 2

INFORMATION
External Agency Report for March 18, 2025. Receive and file the External Agency Report for March 18, 2025 (Covering Meetings from January 1 - January 31, 2025).

Mayor Ulloa announced the External Agency Report was included in the agenda packet.

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

Chino Rancho Park Grand Opening is Saturday, March 29, 2025 at 9:00 a.m. For more information, visit cityofchino.org/chinoranchopark.

Chino Days is Saturday, April 5 and Sunday, April 6, 2025. For more information, visit cityofchino.org/chinodays.

Kiwanis Corn Feed Run is Saturday, April 26, 2025, from 8:00 a.m. to 3:00 p.m. For more information, visit www. chinokiwanis.com.

Mayor Ulloa announced the meeting will adjourn in memory of Michel Plaa, a cherished member of the community who recently passed away. The mayor read Mr. Plaa's biography.

PUBLIC COMMENTS
Pastor Dennis Hostetler, Calvary Chapel Chino Hills, provided the invocation.

Sophia Cohen, Field Representative from the Office of Assemblymember Michelle Rodriguez announced a virtual tax credit workshop taking place on March 27, 2025 at 6:00 pm.

Micah Henley, Troop 202, provided an introduction.

CONSENT CALENDAR

1. Warrants. Approve expenses as audited and within budget for warrants 774565 to 774796, and Electronic Fund Transfers 523915E to 524004E, totaling $4,769,287.47

2. Minutes. Regular Meeting Minutes for March 4, 2025 (Council Member Comstock Absent-Excused).

4. Report on Priority State and Federal Legislative Issues. Receive and file the Priority Legislative Items Report dated March 18, 2025; the Tracked State Legislation Report; and Position Letters on Legislation.

5. Appointment of City Treasurer. Adopt Resolution No. 2025 -011, appointing the Director of Finance as the City Treasurer.

6. Public Improvement Agreement for Project Nos. PL22 -0021 and PL22-0022. Approve Public Improvement Agreements for Project Nos. PL22 -0021 and PL22 -0022 for single -family residential developments located at the southwest corner of "B" Street and 2nd Street.

7. Public Improvement Agreement with CarMax Auto Superstores, Inc. Approve a Public Improvement Agreement with CarMax Auto Superstores, Inc. for the CarMax Vehicle Wholesale Auction Facility located at 11708 East End Avenue. 21 CHINO CITY COUNCIL
MARCH 18, 2025 3

8. Acceptance of CalRecycle Used Oil Payment Program (OPP15) Grant Funds. Accept CalRecycle Used Oil Payment Program (OPP15) Grant funds in the amount of $13,196.

9. Adoption of Ordinance No. 2025 -002. Adopt Ordinance No. 2025 -002, approving the Chino Police Department's "Military Equipment" Use Policy (Second Reading).

Motion by Council Member Flores, seconded by Council Member Comstock, to approve the Consent Calendar items 1-9 as presented. The motion carried by the following vote:

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

ABSENT: NONE.

MAYOR AND COUNCIL REPORTS
Mayor Ulloa
Mayor Ulloa reported on the following meetings and events including San Bernardino County Transportation Authority Board of Directors meeting; March Senior Birthday Celebrations; Chino High School Youth Track & Field Meet; Soroptimist International "Stepping Up" event; Chino American Little League Opening Day; City Council Study Session; OmniTrans Administrative and Finance Committee meeting; San Bernardino County Transportation Authority Transit Committee meeting; San Bernardino County Transportation Authority Metro Valley Committee meeting; Chino Valley Fire District/City of Chino meeting; City Manager meeting; and congratulated Council Member Comstock for being awarded the Assembly District 53 Woman of the Year.

Mayor Pro Tem Burton
Mayor Pro Tem Burton reported on the following meetings and events including the Chino Valley Historical Society meeting; Chino Basin Desalter Board meeting; Inland Empire Utilities Agency Regional Sewage Program Policy Committee, who is proposing an 18% fee increase over next two years; Chino High School Youth Track & Field Meet; Chino American Little League Opening Day; Monte Vista Water District meeting; City Manager meeting; City Council Study Session; and Chino Police Department Award Ceremony.

Council Member Comstock
Council Member Comstock reported on the following meetings and events including Chino American Little League Opening Day; Chino Valley Fire District Board meeting; City Council Study Session; Chino Police Department Award Ceremony; expressed her condolences to the family of Michel Plaa; and expressed her gratitude for being awarded the Assembly District 53 Woman of Year.

Council Member Flores
Council Member Flores congratulated Council Member Comstock for being honored with the Assembly District 53 Woman of the Year award and acknowledged her family.

Council Member Lucio
Council Member Lucio congratulated Council Member Comstock for being honored with the Assembly District 53 Woman of the Year award.
22 CHINO CITY COUNCIL
MARCH 18, 2025 4
City Manager's Report
Assistant City Manager Melendez congratulated Council Member Comstock on being awarded the Assembly District 53 Woman of the Year; congratulated the Chino Police Department Award recipients; and announced the upcoming Chino Corporate Challenge event.

City Attorney's Report
City Attorney Galante congratulated Council Member Comstock on being honored with the Assembly District 53 Woman of the Year award.

Police Chief's Report
Deputy Police Chief Nick Marotta announced the award recipients from the Chino Police Association Annual Award Ceremony and offered condolences to the San Bernardino County Sheriff's Department for Deputy Hector Cuevas who was killed in the line of duty on March 17, 2025.

Mayor Ulloa asked Deputy Chief Marotta to invite the Police Department award recipients to the next meeting so they can be recognized by the City Council.

Director's Report
Hye Jin Lee, Director of Public Works, provided information regarding the Inland Empire Utilities Agency (IEUA) proposed 18 percent rate increase planned over the next two years.

Mayor Pro Tem Burton expressed he is against the IEUA proposed rate increase. Mayor Ulloa and the City Council made inquiries regarding the proposed rate increase. City Attorney Galante stated he will work with staff to provide more information and noted the item can be added to a future City Council agenda as an informational item to allow for a discussion.

Fire Chief's Report
Fire Chief Dave Williams announced the Chino Valley Fire District Open House will be held on May 3, 2025 and congratulated Council Member Comstock for being awarded the Assembly District 53 Woman of the Year.

ADJOURNED IN MEMORY OF MICHEL PLAA
The meeting adjourned at 6:53 p.m. in memory of Michel Plaa. The next Regular Meeting of the City Council will be held on Tuesday, April 1, 2025 at 6:00 p.m. (Closed Session no earlier than 4:00 p.m. if necessary) in these Council Chambers.

APPROVED AND ADOPTED THIS 1ST DAY OF APRIL 2025.
________________________________
EUNICE M. ULLOA, MAYOR
ATTEST:
________________________________

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

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 1, 2025

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:
24 CITY COUNCIL MEETING DATE: APRIL 1, 2025
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

25 Event Date Meeting Purpose
and Subject Matter
Location City Official
Attendees
March 20, 2025 League of California
Cities Inland Empire
Division Meeting
Chino, CA Council Member
Comstock

26 MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 1, 2025

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

SUBJECT
..titl e
Home Improvement Policy Update.
..end

RECOMMENDATION
Approve updates to the City of Chino Home Improvement Policy Program. ..body

FISCAL IMPACT
There is no fiscal impact associated with the update of this policy.

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

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. 27 CITY COUNCIL MEETING DATE: APRIL 1, 2025
TITLE: HOME IMPROVEMENT POLICY UPDATE.

PAGE: 2

BACKGROUND
The City continues to provide home improvement loan programs to assist seniors and lo w- income families with the completion of repairs to maintain safe and healthy homes. These programs also help ensure the preservation of local housing stock and remediation of slum and blight. Housing staff maintains an updated policy to correspond with new programs and housing goals. Our current policy includes loan and grant programs to assist eligible homeowners.

During a recent comprehensive review of the home improvement programs, agreements and policy, it was recommended by the City Attorney that we move towards further protecting the City’s investment of our limited housing funds by establishing a 5 -year minimum ownership requirement for loan recipients to remain in their homes. This will avoid allowing a property owner to obtain City funding, use the funding to improve the home and sell it for an appreciated value in the improved co ndition. The investment of housing funds is intended to alleviate substandard living conditions rather than allow a property owner to financially benefit from the City’s loan [or grant]. Imposing covenants that require an owner to remain on the property for a specified period of time after the receipt of housing funds is a standard requirement imposed by many housing authorities and cities as a means to protect their investment of housing funds and assure they are used for appropriate purposes.

ISSUES/ANALYSIS
In an effort to implement the recommendation and further protect the investment of city housing funds, staff reviewed the policy, made revisions and presented them to t he Housing Committee on January 13, 2025. A s a result of these actions , the following updates to the Home Improvement Policy are being proposed:
1) Elimination of the current Home Improvement G rant Program in which recipients do not pay back funds granted for emergency repairs.
2) Establishment of a new Emergency 5 -Year Forgi vable Loan which requires recipients to remain in the home for a minimum of five years for loan forgiveness. This loan has zero interest and becomes payable should ownership transfer within the five-year timeframe. Eligible repairs include only those that are deemed eligible per the City or State building inspectors including unsafe or unhealthy living conditions such as no hot water, gas leaks, lack of heating, structural deficiencies, sewage back-up, major water leaks or hazardous electrical wiring. 3) Inclusion of the 5 -year minimum ownership requirement to the existing deferred loan programs with the exception of the CalHome Mobile Home program , which follows HCD CalHome Program standards.
4) Loan eligibility includes applicants with incomes up to 80% (low-income) of the area median income. Moderate income families are no longer eligible.

These policy updates aim to help preserve the limited resources available in the City’s affordable housing fund and ensure th at the financial assistance is available to those households most in need in our community.

Attachment – Home Improvement Policy Program

28 CITY OF CHINO

Home Improvement Program

Program Policy
Development Services Department
Housing Division
13220 Central Avenue
Chino, CA 91710

Phone: (909) 334-3272
Website: www.cityofchino.org

April 2025
29 CITY OF CHINO HOME IMPROVEMENT PROGRAM POLICY

TABLE OF CONTENTS

I. BACKGROUND .............................................................................................................. 1 II. PROGRAM OBJECTIVES ............................................................................................... 1 III. APPROVAL OF PROGRAM AGREEMENTS .................................................................. 1 IV. HOME IMPROVEMENT PROGRAMS ............................................................................. 1 V. ELIGIBILITY CRITERIA .................................................................................................. 4 A. Homeowner Eligibility Requirements .................................................................. 4 B. Property Eligibility Requirements ........................................................................ 4 VI. ELIGIBLE AND INELIGIBLE IMPROVEMENTS ............................................................. 6 A. General Requirements .......................................................................................... 6 B. Priority Improvements .......................................................................................... 6 C. Eligible Improvements .......................................................................................... 7 VII. EMERGENCY 5-YEAR FORGIVABLE LOAN PROGRAM REQUIREMENTS . .............. 9 VIII. ELIGIBLE/INELIGIBLE COSTS ...................................................................................... 9 A. Eligible Costs ........................................................................................................ 9 B. Ineligible Costs ...................................................................................................... 9 IX. PROCUREMENT PROCEDURES AND REQUIREMENTS ............................................. 9 X. TERMS AND CONDITIONS OF PROGRAM ASSISTANCE ........................................... 9 A. Maintenance/Occupancy Requirements .............................................................. 9 B. Hazard Insurance ................................................................................................. 10 C. Nondiscrimination ................................................................................................10 D. Compliance with Program Policies and Procedures .........................................10 XI. PROGRAM AMENDMENT PROCEDURES ................................................................... 10

30 CITY OF CHINO HOME IMPROVEMENT PROGRAM POLICY

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I. BACKGROUND
The City of Chino administers home improvement programs to preserve and enhance the City’s housing stock and residential neighborhoods. Funding for the programs comes from various federal, state, and local funding sources including the U.S. Department of Housing and Urban Development (HUD), California Housing and Community Development (HCD) department, and the City’s Affordable Housing Fund.

The City’s Home Improvement Program provides financial assistance to eligible homeowners in the City of Chino whose primary residences are in need of repair .

Assistance is provided in the form of deferred and forgivable loans, which may be in a senior or subordinate lien position. The origination and servicing of these program loans is administered by the City.

II. PROGRAM OBJECTIVES
The primary goals and objectives of the Home Improvement Program are to:

A. Preserve and enhance the City’s existing housing stock; and B. Provide safe, properly maintained housing for persons /families of very low, to low- income.

III. APPROVAL OF PROGRAM AGREEMENTS
In adopting this Program Policy, and consistent with the provisions of Chapter 2.08.070 of the Chino Municipal Code, the City Council authorizes the City Manager to prepare and execute Program documents, including but not limited to loan agreements, as needed to implement the Home Improvement Program and achieve the stated objectives.

IV. HOME IMPROVEMENT PROGRAMS
The Home Improvement Program offers a variety of financing programs designed to assist very low and low-income homeowners with making needed repairs and improvements to their homes. Eligible homeowners may receive assistance under multiple programs.

Participation in the City’s Home Improvement Programs is subject to the requirements of this Policy.

Funding: Loan amounts are at the discretion of the City, depending upon an assessment conducted by city inspect ors for health and safety issues and other code violations.

Programs are subject to the availability of funding and, in some cases, funding source maximum loan guidelines.

Location: Citywide

Fees: None

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1. Emergency 5-Year Forgivable Loan Program - Single Family/Mobile Homes (maximum $15,000)
Target Income Group: Households with incomes ≤ 80% of the San Bernardino County median family income ( adjusted
for household size)
Security: Deed of Trust / Promissory Note
Loan Rate and Term: 0% interest - 5- year forgivable loan under the condition that the borrower remains in the home for
a minimum of 5 years from the date of loan
agreement execution. Loan becomes due and
payable should the property be sold, or a transfer of
ownership occurs before the close of the 5-year
term.

Special Requirements: Emergency repairs as deemed eligible per the City or State building inspectors include unsafe/
unhealthy living conditions such as no hot water, gas
leaks, lack of heating source, structural deficiencies, sewage back-ups, major water leaks , or hazardous
electrical wiring.

Availability: Once every five years.

2. Healthy Homes Grant Program - Single Family/Mobile Homes Target Income Group: Households with incomes ≤ 80% of the San Bernardino County median family income ( adjusted
for household size)
Security: None*
Availability: Once every five years. Exceptions are made at the discretion of the city to address immediate health or
safety risks.

Special Requirements: Senior citizens 62 years of age or older, or disabled persons regardless of age.

32 CITY OF CHINO HOME IMPROVEMENT PROGRAM POLICY

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3. Low Interest Deferred Payment Loan Program - Single Family Homes Target Income Group: Households with incomes ≤ 80% of the San Bernardino County median family income ( adjusted
for household size)
Security: Deed of Trust / Promissory Note
Loan Rate and Term: 3% simple interest / ten (10) years or the amount of time remaining on the primary mortgage, whichever
is greater with a condition that the home cannot be
sold or transfer ownership for a minimum of 5 years
from the loan agreement date. Additional 5- year
deferrals are available at the discretion of the City if 1) the primary homeowner is 62 years of age or
older; or 2) the household’s income is at or below
80% of the San Bernardino C ounty median family
income adjusted for family size.

Note: In some cases, different interest rates and/or
loan terms may apply depending on the regulations
established by the funding agency.

Availability: Once every ten (10) years.

However, the principal balance of all outstanding
Home Improvement Program loans may not exceed
the maximum approved loan amount.

4. Low Interest Deferred Payment or Forgivable Loan Program - CalHome- Mobile Homes
Target Income Group: Households with incomes ≤ 80% of the San Bernardino County median family income (adjusted
for household size)
Security: HCD Lien / Promissory Note
Funding Source: State of California CalHome Program
Loan Terms: For mobile homes, the Program offers 0% interest for a 20-year term, with the principal to be forgiven
annually at a rate of 10% per year starting in the 11th year that the home is continuously occupied by the
borrower.

Note: In some cases, different loan limits, interest
rates and/or loan terms may apply depending on the
regulations established by the funding agency.

Availability: Once every 20 years. However, the principal balance of all outstanding Home Improvement
Program loans may not exceed the loan amount.

33 CITY OF CHINO HOME IMPROVEMENT PROGRAM POLICY

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V. ELIGIBILITY CRITERIA
A. Homeowner Eligibility Requirements

1. Household Income and Size
To be eligible for assistance under the Home Improvement Program, applicants must have annual household incomes at or below 80 percent of the San Bernardino County median family income as published by HUD and HCD and adjusted for household size, and calculated us ing the definitions and methodology specified in 24 CFR Part 5.

2. Liquid Assets
Total household liquid assets may not exceed $50,000. Household liquid assets include checking, savings, and money market accounts, stocks, bonds, and other forms of capital investments. For checking accounts, the average balance over the most recent 6 months shall be used. Retirement accounts are not counted as liquid assets if they are not accessible to the applicant without retiring or terminating employment.

If one or more applicants is sixty-two years of age or older, and the gross household income (not adjusted for business losses) is less than or equal to 30% of the San Bernardino County median income adjusted for family size, the liquid asset limitation shall be $100,000.

3. Ownership of Real Property Other Than Primary Residence Ownership of residential property other than the household’s primary residence is prohibited.

B. Property Eligibility Requirements
Following determination of homeowner eligibility pursuant to the requirements of Section V.A., the owner must demonstrate property eligibility. To be eligible to receive Program assistance, the real property in question must meet each of the requirements set forth below:

1. Location and Type of Property
The property must be a single- family residence (e.g., condominium, townhouse, detached single-family home, or mobile home) located within the city limits of the City of Chino.

2. Condition
The property must be in need of the following type of repairs: 1) protection of the structural integrity of the property ; 2) correct existing local and/or state code violations; 3) correct existing nonconforming local and/or state code 34 CITY OF CHINO HOME IMPROVEMENT PROGRAM POLICY

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requirements; 4) correct existing nonconforming development standards ; 5) refurbishment of exterior and/or interior improvements; or 6) aid for the mobility of the physically disabled and/or elderly. Once the preceding repairs have been addressed, then, 7) promote neighborhood improvements and 8) energy efficiency improvements. All repairs must qualify as eligible improvements as defined in Section V of this Program Policy.

3. Ownership and Owner-Occupancy Requirements
Owner-Occupancy: All title information will be verified using title reports and information available on the County of San Bernardino Tax Assessor website Annual audits will be conducted to verify and certify th at the housing unit continues to be owner-occupied. These occupancy requirements are incorporated in the original Deed of Trust and Promissory Note and are described in greater depth in the City’s Loan Servicing Plan.

4. Maximum After Rehabilitation Property Value and Data Source The estimated value of the property, after rehabilitation, may not exceed ninety - five percent (95%) of the median purchase price for single- family homes in the City. In the event that CalHome Program funds are used to finance the improvements, the after-rehabilitation value of the home assisted with a CalHome Program loan cannot exceed 100 percent of the current median sales price of a single-family home or mobile home in the county where it is located. Housing Division staff will utilize comparable sales data sources, including but not limited to data available from sources such as the California Association of Realtors, Chicago Title, and/or other recent and reliable real estate data to determine the estimated After-Rehab Value of the property. Each approved loan application file will include at least three (3) comparable sale prices of properties located in the immediate neighborhood (within about 1 mile of the subject property) of homes sold within the last 6 months (within 1 year of the CalHome Assistance date).

5. Equity
The total indebtedness or amount of credit (whichever is greater) of all recorded liens, including the City’s Home Improvement Program loan(s) , may not exceed ninety-five percent (95%) of the fair market value of the home after rehabilitation.

The total indebtedness or amount of credit (whichever is greater) of all recorded liens of the home assisted with CalHome funds, including the City’s Home Improvement Program loan(s), may not exceed one hundred and five percent (105%) of the after-rehabilitation value.

6. Hazard Insurance
All properties must be insured with an all -risk property insurance policy in an amount equal to the full replacement value of all structures located on the property. Furthermore, all properties located within the 100- year floodplain that receive assistance under the Low -Interest Loan Program must maintain flood insurance in the amount of the value of the improvements for the term of the loan. 35 CITY OF CHINO HOME IMPROVEMENT PROGRAM POLICY

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If a property in need of repair does not have a current all-risk property insurance policy and is unable to secure such a policy due to the presence of one or more building code violations, the Housing Manager, at his/her discretion, may waive this insurance requirement provided that the required all -risk property insurance coverage is secured immediately following the rehabilitation project.

7. Property Tax/Income Tax Delinquency or Liens
All property tax bills and assessments must be current, and the property title must be free and clear of any recorded property tax or income tax liens.

8. Outstanding Judgments and Obligations
All outstanding mortgages recorded against the subject property must be paid current. Furthermore, there cannot be any outstanding (e.g., non-current or unpaid) liens recorded against the title of the property to be rehabilitated.

9. Front and Back End Ratios
Loans may be approved based on back and front-end debt to income ratios at the discretion of the City or funding agency to determine the borrowers’ repayment ability.

VI. ELIGIBLE AND INELIGIBLE IMPROVEMENTS
A. General Requirements
The City of Chino Home Improvement Program is designed to provide for the repair and/or replacement of damaged, deteriorated properties.

The following requirements apply:

1. All rehabilitation work must be completed by qualified, licensed, and insured contractors selected per Program procedures.

2. All eligible improvements must be affixed to the property.

3. Improvements requiring the replacement of materials must be of equal to or like quality based on labor or cost-effectiveness.

4. E ligible improvements are subject to procurement through a competitive bid process to ensure fair material and labor costs.

B. Priority Improvements

1. Repairs to alleviate conditions that present a risk to the health and/or safety of the property’s occupants or surrounding properties.

2. Correction of municipal code violations.
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C. Eligible Improvements

1. Abatement of Code Violations: Demolition, construction, rehabilitation, and/or replacements needed to abate violations.

2. Accessibility Modifications: Ramps, railings, grab bars, and accessible shower enclosures; the modification of doorways, hallways, and countertop elevations; and other adaptive measures.

3. Cabinetry/Counters: Repair, refurbish or replace deteriorated materials based on cost effectiveness.

4. Deadbolt locks: Deadbolts to be installed on entry doors.

5. Demolition of Unpermitted , Deteriorated and/or Unsafe Improvements:

Includes fencing, accessory structures such as detached sheds, patio covers, laundry rooms, and workshops, and unpermitted garage conversions.

6. Doors/Windows: Repair and/or replace damaged windows with energy efficient options.

7. Driveways/Walkways: Driveways and walkways may only be replaced with broom-finished concrete. The use of decorative stone is not permitted.

8. Drywall/Lath and Plaster : Repair, replacement , and finishing of damaged drywall/lath and plaster necessary to match the original finish.

9. Electrical: Repair and/or upgrade of electrical system including service panels, wiring, outlets, and switches.

10. Energy conservation : Weather stripping, water heater blankets, radiant barrier, and attic insulation.

11. Fencing/Block Walls: Repair or replacement of existing wood fencing or block walls. Chain link fences may be replaced using wood or vinyl materials. Property lines will be assessed.

12. Flooring: Replacement of damaged or deteriorated flooring.

13. Garage Doors: Repair or replacement of garage doors, including the replacement of inoperable garage door openers and broken springs.

14. Hazard/Flood Insurance: Payment for the first year of hazard insurance if the property is not deemed ineligible by the insurance company due to risk.

15. HVAC Systems and related testing: Installation and testing of HVAC system to repair or replace inoperative system components.

16. Kitchen Appliances: Repair or replacement of damaged or inoperable stoves, ovens, and dishwashers with energy efficient appliances. 37 CITY OF CHINO HOME IMPROVEMENT PROGRAM POLICY

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17. Landscaping: Provide landscaping for deteriorated yards which will include installation of automated irrigation system s to help sustain Municipal Code requirements.

18. Overgrown/Dead Vegetation: Trimming and/or the removal of overgrown or dead vegetation and that with a root system that is resulting in structural damage.

19. Painting (exterior): Exterior painting to improve conditions is eligible.

20. Painting (interior): Complete painting of the interior of the home is eligible.

21. Termite/Pest Control: Eradication of insect infestations and necessary repairs to correct damage caused by such.

22. Plastering, siding, and stucco: Repairs including patching, filling or localized replacement to damaged plaster, stucco or siding.

23. Plumbing/Sewer Pipes and Fixtures: Repair or replacement of leaking or damaged water/sewer pipes and related fixtures.

24. Property Clean-up: Removal of trash and debris located within public view or deemed a fire hazard. May also include the removal of excessive debris/trash from the inside to assist a resident that is physically incapable of doing so themselves.

25. Rain Gutters: Repair or replacement of failing rain gutters.

26. Roofing: Complete repair or replacement of deteriorated or damaged roofing using materials of like quality, with the exception of wood shake in which case tile may be used.

27. Room Additions: Room additions/expansions to mitigate overcrowded conditions.

28. Seismic Retrofitting (mobile homes only): Repair, modification, replacement, or installation of earthquake straps and/or other seismic retrofitting devices.

29. Smoke Detectors and Carbon Monoxide Detector : Installation of s moke detectors and carbon monoxide detectors to comply with local and State code requirements.

30. Structural Repairs/Modifications: Structural repairs/modifications to correct existing structural deficiencies and to provide accessibility.

31. Wallpaper/Wall Tile : Repair or replacement of damaged wallpaper and/ or missing ceramic tiles.

32. Water Heaters: Repair or replacement of inoperable water heaters including safety and energy efficient measures per building code. 38 CITY OF CHINO HOME IMPROVEMENT PROGRAM POLICY

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VII. Emergency 5-Year Forgivable Loan Program Requirements: Eligible repairs under the Emergency Loan Program include repairs that correct unsafe/unhealthy living conditions such as no hot water, gas leaks, lack of heating, structural deficiencies, sewage back- ups, major water leaks or hazardous electrical wiring. Ineligible improvements include the repair or replacement of any interior or exterior home furnishings or accessories not permanently affixed to the housing stock. Exceptions can be made at the discretion of the City’s Housing Division.

VIII. ELIGIBLE/INELIGIBLE COSTS
A. Eligible Costs

1. Labor and materials.

2. Building permits.

3. Professional service f ees including credit reports, property appraisals, title reports, recording fees and lead/asbestos testing and abatement.

4. Relocation/housing expenses when deemed necessary due to substandard conditions, pest extermination or hazardous materials abatement.

5. Replacement of appliances as deemed necessary for health, safety, and energy efficiency.

B. Ineligible Costs

1. Purchase, installation or repair of interior or exterior home furnishings.

2. Compensation/reimbursement of owner’s personal labor or purchase of materials, or any labor not performed by the licensed contractor.

IX. PROCUREMENT PROCEDURES AND REQUIREMENTS
The City is not party to the construction contract(s) between participating homeowners and their contractors. However, the City ensures that all financing provided is used in a cost-effective manner by overseeing the procurement process through competitive pricing, bid selection and final bid approvals/selection of a licensed and insured contractor.

X. TERMS AND CONDITIONS OF PROGRAM ASSISTANCE
A. Maintenance/Occupancy Requirements
Assisted properties shall be maintained in compliance with all City of Chino Municipal Codes, ordinances, and laws, remain owner -occupied, and maintain occupancy limitations.

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B. Hazard Insurance
Loan recipients must maintain an all-risk property insurance policy naming the City of Chino as an additionally insured/loss payee.

C. Nondiscrimination
There shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, marital status, national origin, or ancestry, in the selection of contractors or subcontractors to complete the rehabilitation work financed with Program assistance, or in the sale, leasing, transfer, use, occupancy, tenure, or enjoyment of assisted properties.

D. Compliance with Program Policies and Procedures
Program participants shall comply with all Program requirements and procedures as outlined in these Policies and Procedures, as required by the Housing Division staff, and as outlined in Grant and Loan agreements.

XI. PROGRAM AMENDMENT PROCEDURES
All amendments to the City of Chino Home Improvement Program Policy must be approved by the City of Chino City Council.

40 EXHIBIT A - Annual Income as Defined in 24 CFR Part 5

41 Income Calculation and Determination Guide for Federal Programs – Ch 3 - 1 Chapter Three – Calculating Annual (Gross) Income

Annual Income as Defined
in 24 CFR Part 5
The annual income definition found at
24 CFR Part 5 is used by a variety of
federal programs including Section 8, public
housing and the Low-Income Housing Tax
Credit Program. Annual income is used to
determine program eligibility and, in some
programs, the level of assistance the
household will receive. This definition was
formerly commonly referred to as the
Section 8 definition.

The Part 5 definition of annual income is the
gross amount of income of all adult
household members that is anticipated to be
received during the coming 12-month
period. Each of the italicized phrases in this
definition is key to understanding the
requirements for calculating annual income:

• Gross Amount. For those types of
income counted, gross amounts (before
any deductions have been taken) are
used;

• Income of All Adult Household
Members. The Part 5 definition of annual
income contains income “inclusions” –
types of income to be counted – and
“exclusions” – types of income that are not
considered (see Appendices B and C for
income and assets that are to be included
and excluded); and,

• Anticipated to be Received. The Part 5
annual income is used to determine
eligibility and the amount of federal
assistance a household can receive. A
Grantee must, therefore, use a
household’s expected ability to pay, rather
than past earnings, when estimating
housing assistance needs.

Who’s Income to Count

Knowing whose income to count is as
important as knowing which income to count.

Under the Part 5 definition of annual income,

Special consideration is given to income earned
by the following groups of people:

• Minors. Earned income of minors is not
counted. However, unearned income
attributable to a minor (e.g., child support,
TANF payments and other benefits paid on
behalf of a minor) is included.

This chart summarizes whose income to
count under Part 5:

Persons
Counted in
Household Size
for the
Purposes of
Eligibility
Calculation

Employment
Income

Other
Income
(Including
income from
Assets)
• Head of
Household
• Spouse
• Co-Head of
Household
• Other Adult
• Dependents
o Child
18 or under
o Full-time
Student
over 18
Nonmembers
Not counted
• Foster Adult
• Foster Child
18 or under
• Live-in Aide
Yes

Yes
Yes

Yes

See Note

No
No

No
Yes

Yes
Yes

Yes

No
No

NOTE: Only count the first $480 of earned
income of a full-time student (enrolled for 12 or
more units) older than 18 who is a dependent.

Full time student status must be verified and
documented in the file.

42 Chapter Three – Calculating Annual (Gross) Income
Income Calculation and Determination Guide for Federal Programs – Ch 3 - 2 • Foster Children and Adults. These
persons are not included in the household
member count (see Exhibit 2.4). Also,
since the foster children/adults are not
counted as household members, the
income received to care for these
individuals is not included in the
household income.

• Live-In Aides. If a household includes a
paid live-in aide (whether paid by the
household or a social service program),
the income of the live-in aide, regardless
of the source, is not counted. Except
under unusual circumstances, a related
person does not qualify as a live-in aide.

• Persons with Disabilities. During the
annual recertification of a household’s
income, Grantees are required to exclude
from annual income certain increases in
the income of a disabled member of
qualified families residing in HOME-
assisted housing or receiving HOME
tenant-based rental assistance. This will
be discussed in detail in Chapter Four.

• Temporarily Absent Household
Members. The income of temporarily
absent household members is counted in
the Part 5 definition of annual income –
regardless of the amount the absent
member contributes to the household. For
example, a construction worker employed

at a temporary job on the other side of the
state earns $600 per week. He keeps $200
per week for expenses and sends $400 per
week home to his family. The entire amount
($600 per week) is counted in the family’s
income.

• Adult Students Living Away from Home. If
the adult student is counted as a member of
the household in determining the household
size (to compare to the HUD income limits),
the first $480 of the student’s income must be
counted in the household’s income. Note,
however, that the $480 limit does not apply to
a student who is the head of household or
spouse (their full income must be counted).

To count the adult student as a household
member, the adult student would need to be
verified as a dependent, usually on the
parent’s tax return. Additionally, student
status must be verified with documentation in
the file.

• Permanently Absent Household Members.

If a household member is permanently
absent from the household (e.g., a spouse
who is in a nursing home), the head of
household has the choice of either counting
that person as a member of the household,
and including income attributable to that
person as household income, or specifying
that the person is no longer a member of the
household.

Exhibit 3.1 – Declaration of “No Income”
Declaration of “No Income” Issue: Husband, wife and 2 children apply for assistance. The wife is not on any tax returns, no verifiable income or any other sort of paper trail to use as documentation. What alternative documentation is required to prove she is without any income to contribute?

Recommendation: Both adults must sign a 3rd party release of information form before proceeding. To verify the Applicant’s zero-income claim request several of the following:

 Verification of social security benefits or printout of the record  Verification of unemployment benefits
 Verification of non-filing for federal income tax
 Verification of assets on deposit (same bank as spouse)  Credit report

43 Chapter Three – Calculating Annual (Gross) Income
Income Calculation and Determination Guide for Federal Programs – Ch 3 - 3 NOTE: Unless specifically identified above
as a temporary or permanent absent
household member, Grantees must request
HCD assistance in determining if a unique
household situation should be considered
permanent or temporary.

Types of Income to Count
A comprehensive list of income that is
included and excluded from calculations of
annual income under Part 5 is provided in
the Appendix B. This list comes directly from
the federal regulations at 24 CFR 5.609.

HUD updates this list when changes are
made by Congress. HCD will update our list
as the new list becomes available.

In general, income exclusions fall into the
following categories:

• Benefits that should not be counted as
income;
• Income of certain household members
that should not be counted, including
earned income of minors and income
attributable to foster children and live-in
aides; and,
• Amounts that are counted as assets
rather than income, such as lump-sum
lottery winnings.

Income from Self-Employment

The net income from operation of a business
or profession including self-employment
income is used to calculate annual income.

Net income is the gross income less business
expenses, interest on loans and depreciation
computed on a straight-line basis. Important
considerations when calculating net income
include:

• In addition to net income, any salaries
or other amounts distributed to family
members from the business, and cash
or assets withdrawn by family members
must be counted, except when the
withdrawal is a reimbursement of cash
or assets invested in the business.
• Principal payments on loans, interest
on loans for business expansion or
capital improvements, other expenses for
business expansion or outlays for capital
improvements must not be deducted when
calculating net income.
• If the net income from a business is
negative, it must be counted as zero
income. A negative amount must not be
used to offset other family income.

No Income or Not Enough Income

Careful assessment is required when an
applicant states that they have no income or the
stated income is not enough to cover household
expenses. It is important to note if the household
expenses are paid and current or if they remain
unpaid. This is a clear indicator of whether there
truly is no or not enough income. Third-party
verifications should be required including:
verification of social security benefits or printout
of the record, verification of unemployment
benefits, notarized statement of non-filing for
federal income tax, verification of assets on
deposit and a review of checking account
statements that may show frequent deposits that
may mean income.

An assessment of all information available will
allow the Grantee to make an informed decision
to either accept or deny the application for
assistance. Refer to Exhibit 3.1 on the previous
page for an example.

Welfare Rent as Income

Welfare assistance is counted as income. Most
Grantees will use the actual gross amount of
welfare assistance the household receives. In
certain “as-paid” localities, however, a special
calculation is required. In an as-paid jurisdiction,
welfare assistance for housing costs is
established separately from the rest of the
welfare assistance and may be adjusted based
on the actual cost of the household’s housing.

Grantees in as-paid jurisdictions must count as
income the amount of general assistance a
household receives, plus the maximum amount of
housing assistance the household could receive
(rather than the amount the household is actually
receiving).

Sample Formats for Identifying and
44 Chapter Three – Calculating Annual (Gross) Income
Income Calculation and Determination Guide for Federal Programs – Ch 3 - 4 Computing Part 5 Annual Income

Sample formats for computing annual
income using the Part 5 annual income
definition is included in the Appendices.

Exhibits 3.2 through 3.5 provide examples
and exercises that demonstrate how the Part
5 annual income definition is applied to
individual household circumstances.

Answers to the exercises are provided in
each exhibit. These exhibits do not include
income from assets, which is addressed
below. Examples and exercises concerning
asset calculation follow that discussion.

Treatment of Assets

Some assistance programs require that
families “spend down” assets before they can
participate. There is no asset limitation for
participation in the HOME or CDBG
Programs. Income from assets is, however,
recognized as part of annual income under
the Part 5 definition. To comply with the
Part 5 rules regarding assets, Grantees must
know: (1) what to include as assets; (2) how
to compute the market and cash value of
those assets; and, (3) how to determine the
income from the asset to be included in
annual income.

What to Include as an Asset

In general terms, an asset is a cash or non-
cash item that can be converted to cash. A
summary of items that are and are not to be
considered assets are included in the
Appendix C. (Note: It is the income earned –
e.g., interest on a savings accounts – not the
value of the asset – that is counted in annual
income. Six months of the most current,
consecutive checking account statements and
one month of the most current savings
account statement is the minimum
requirement to document these assets. All
pages of these statements must be included.

Exhibits 3.6 through 3.8 provide examples
and exercises that demonstrate how income
from assets is calculated. Market Value and
Cash Value Assets have both a market value
and a cash value. The market value of an
asset is simply its dollar value on the open
market. For example, the market value of a share
of stock is the price quoted on the stock
exchange on a particular day. A property’s
market value is the amount it would sell for on the
open market. This may be determined by
comparing the property with similar, recently sold
properties.

An asset’s cash value is the market value less
reasonable expenses required to convert the
asset to cash, including:

• Penalties or Fees for Converting Financial
Holdings. Any penalties, fees or transaction
charges levied when an asset is converted to
cash are deducted from the market value to
determine its cash value (e.g., penalties
charged for premature withdrawal of a
certificate of deposit, the transaction fee for
converting mutual funds to cash or broker fees
for converting stocks to cash); and/or,

• Costs for Selling Real Property. Settlement
costs, real estate transaction fees, payment of
mortgages/liens against the property and any
legal fees associated with the sale of real
property are deducted from the market value
to determine equity in real estate.

Under the rules of Part 5, only the cash value
(rather than the market value) of an item is
counted as an asset. If more than one person
owns an asset, Grantees must prorate the asset
according to the applicant’s percentage of
ownership. If no percentage is specified or
provided by state or local law, Grantees must
prorate the asset evenly among all owners. If an
asset is not effectively owned by an individual, it
is not counted as an asset.

Actual Income from Assets

Assets can generate income and, for the
purpose of determining an applicant’s income,
the actual income generated by the asset (e.g.,
interest on a savings or checking account) is
what counts, not the value of the asset. The
income is counted even if the household elects
not to receive it. For example, if an applicant
elects to reinvest the interest or dividends from
an asset, it is still counted as income.
45 Chapter Three – Calculating Annual (Gross) Income
Income Calculation and Determination Guide for Federal Programs – Ch 3 - 5 As with other types of income, the income
included in annual income calculation is the
income that is anticipated to be received from
the asset during the coming 12 months.

Several methods may be used to
approximate the anticipated income from the
asset. For example, to obtain the anticipated
interest on a savings account, the current
account balance can be multiplied by the
current interest rate applicable to the
account. Alternatively, if the value of the
account is not anticipated to change in the
near future and the interest rate has been
stable, a copy of the IRS 1099 form showing
past interest earned can be used.

Many Grantees are surprised to learn that
checking account balances (as well as
savings account balances) are considered
an asset. This rule is not intended to count
monthly income as an asset; rather, it is
recognition that some households keep
assets in their checking accounts. To avoid
counting monthly income as an asset,
Grantees must use the average monthly
balance over a six-month period as the cash
value of the checking account.

Assets Owned Jointly

If assets are owned by more than one person,
prorate the assets according to the
percentage of ownership. If no percentage is
specified or provided by a state or local law,
prorate the assets evenly among all owners.

If an asset is not effectively owned by an
individual, do not count it as an asset. An
asset is not effectively owned when the asset
is held in an individual’s name, but: (a) the
asset and any income it earns accrue to the
benefit of someone else who is not a member
of the family; and, (b) that other person is
responsible for income taxes incurred on
income generated by the assets.

Determining which individuals have
ownership of an asset requires collecting as
much information as is available and making
the best judgment possible based on that
information. In some instances, but not all,
knowing whose social security number is
connected with the asset may help in identifying
ownership.

Owners should be aware that there are many
situations in which a social security number
connected with an asset does not indicate
ownership and other situations where there is
ownership without connection to a social security
number.

Determining who has contributed to an asset or
who is paying taxes on the asset may assist in
identifying ownership.

Two Unique Rules

For most assets, calculating cash value and the
income from the assets is straightforward. Special
rules have, however, been established to address
two circumstances: (1) situations in which the
assets produce little or no income; and, (2) assets
that are disposed of for less than fair market
value.

When an Asset Produces Little or No
Income

This rule assumes that a household with assets
has an increased payment ability, even if its
assets do not currently produce income. (For
example, a household that owns land that is not
rented or otherwise used to produce income.)
Rather than require the household to dispose of
the property, the rule requires that an “imputed”
income be calculated based on a Passbook Rate
that is applied to the cash value of all assets.

This rule only applies if the total cash value of
all assets is more than $5,000. The following
examples illustrate how imputed income from
assets calculation is applied:

NOTE: When calculating income from
assets, State HCD policy is to use 2% as
the passbook rate.
46 Chapter Three – Calculating Annual (Gross) Income
Income Calculation and Determination Guide for Federal Programs – Ch 3 - 6 Example 1: The Cayhill family has $6,000
(average balance over six months) in a non-
interest-bearing checking account. The
Grantee would include in annual income an
amount based on the current Passbook
Rate. The calculation would be: $6,000 x .02
= $120.

Example 2: The Hernandez family has
$3,000 (average balance over six months) in
a non-interest -bearing checking account and
$5,500 in an interest -bearing savings
account. The family reports and the PJ verify
$150 interest on the savings account. The PJ
would count the greater of the actual income
from assets or the imputed income based on
the Passbook Rate, as shown below:

Imputed income ($8,500 x .02) = $170
Actual income $150
Included in annual income $170

Example 3: The Smiths have $600
(average balance over six months) in a
non-interest -bearing checking account.

No income from assets would be counted
because the family has no actual income
from assets and the total amount of all
assets is less than $5,000.

When Assets are Disposed of at
Less than Fair Market Value

Applicants who dispose of assets for less
than fair market value (i.e., value on the
open market in an “arm’s length
transaction”) have, in essence, voluntarily
reduced their ability to afford housing. The
Part 5 rules require, therefore, that any
asset disposed of for less than fair market
value during the two years preceding the
income determination be counted as if the
household still owned the asset.

The amount to be included as an asset is the
difference between the cash value of the
asset and the amount that was actually
received (if any) in the disposition of the
asset. Consider the following examples.

Example 1: Mr. Jones cashed in stock to give a
granddaughter funds for college in August 2009.

The stock had a market value of $4,500 and a
broker fee of $500 was charged for the
transaction.

Market value $4,500
Less broker’s fee $500
Cash value to be considered $4,000

The $4,000 in assets would be counted for any
income determination conducted until
August, 2011 (looking forward two years from
the time of disposal).

If Mr. Jones has no other assets, no income from
assets would be included in annual income
because the cash value of the asset is less than
$5,000. If other assets brought total assets to
more than $5,000, however, the imputed income
calculation described previously would be
required.

Example 2: Mrs. Dutch “sold” a piece of
property to a family member for $30,000 on
July 1, 2008. The home was valued at $75,000
and had no loans against it.

Market value $75,000
Less settlement costs $3,000
Less sales price $30,000
Cash value to be considered $42,000

The $42,000 would be counted as an asset for
any income determination conducted until
July 1, 2010. The $42,000 would be combined
with the cash value of other assets (if any) and
an imputed income calculation would be
required.

Each applicant must certify whether an asset
has been disposed of for less than fair market
value. Assets disposed of for less than fair
market value as a result of foreclosure or
bankruptcy are not included in this calculation.

In the case of a disposition as part of a
separation or divorce settlement, the disposition
will not be considered to be less than fair market
value if the applicant receives (or received)
important consideration not measurable in dollar
terms.
47 Chapter Three – Calculating Annual (Gross) Income
Income Calculation and Determination Guide for Federal Programs – Ch 3 - 7 Exhibit 3.2 – Calculating Part 5 Annual
Income – Example

Family Members Position in Family Age Income Sources
George Jefferson Head 53 Works full-time at $7.25/hour. Also receives $400/month from the government as a result of a
settlement in the Agent Orange product liability
litigation.

Eloise Jefferson Spouse 48 Works 18 hours/week at a bank at $7.50/hour. Also receives $50/month from her mother to help with
expenses.

Lionel Jefferson Son 19 Full-time student at City College where he has a part-time, 15-hour/week job in the student bookstore
at $6.00/hour for the 46 weeks when classes are in
session.

Under the Federal Programs, the Income Limit for a family of three in the jurisdiction is $23,900. Are the Jefferson’s eligible for CDBG/HOME assistance? Assume for this example that the Jefferson’s have no assets.

ANTICIPATED ANNUAL INCOME

Family a. Wages/ b. Benefits/ c. Public d. Other e. Asset

Members Salaries Pensions Assistance Income Income

George $15,080 Enter the

greater of Eloise $7,020 $600

lines 4 or 5 Lionel $480

from above

in e.

6. Totals a. $22,580 b. c. d. $600 e. N/A

7. Enter total of items from 6a. through 6e. This is Annual Income ............................ 7. $23,180

This family is eligible for assistance because its total income of $23,180 is below the Low -Income Limit.

Explanation
George: George’s earnings from work count as income, but his income from the Agent Orange Settlement Fund ($ 4,800/year) does not (see Appendix B ). Thus, George’s income is $7.25/hour x 40 hours/week x 52 weeks/year, or $15,080.

Eloise: Eloise’s income from wages of $7.50/hour x 18 hours/week x 52 weeks, or $7,020. In addition, her regular gift income of $50/month or $600/year counts as income. (The gift income is counted as “other income.”)

Lionel: Because Lionel is a full-time student and is not the head of household or spouse, only the first $480 of his earnings counts toward the family income.

48 Chapter Three – Calculating Annual (Gross) Income
Income Calculation and Determination Guide for Federal Programs – Ch 3 - 8

Exhibit 3.3 – Calculating Part 5 Annual Income – Exercise 1

Family Members Position in Family Age Income Sources
Blanche Deverou Head 55 Works 6 hours/night, 4 nights/week at $5.00/hour as a waitress; also earns an average of $55/night in
tips.

Rose Nylen Friend 58 Earns $6.50/hour as a full-time aide in a hospital.

Employer reports that her wages will increase to
$6.75/hour, 7 weeks from the effective date of this
calculation.

Dorothy Spornac Friend 61 Earns $60/day as a substitute teacher and works an average of 3 days/week for the 40 weeks school
is in session (she made $7,200 last year). Also
receives $40/month in Food Stamps.

Under the Federal Programs, the Income Limit for a household of three is $38,500. Assuming that these are the only sources of income, does the household qualify for assistance?

Complete the following table to calculate annual income (as defined in 24 CFR Part 5) for the household. Answers are found on the following page.

ANTICIPATED ANNUAL INCOME

Family a. Wages/ b. Benefits/ c. Public d. Other e. Asset

Members Salaries Pensions Assistance Income Income

Blanche Enter the

greater of

Rose

lines 4 or 5

Dorothy

from above

in e.

6. Totals a. b. c. d. e. N/A

7. Enter total of items from 6a. through 6e. This is Annual Income ............................ 7.

49 Chapter Three – Calculating Annual (Gross) Income
Income Calculation and Determination Guide for Federal Programs – Ch 3 - 9

Exhibit 3.3 – Calculating Part 5 Annual Income – Exercise 1 (continued)

ANSWERS

ANTICIPATED ANNUAL INCOME

Family a. Wages/ b. Benefits/ c. Public d. Other e. Asset

Members Salaries Pensions Assistance Income Income

Blanche $17,680 Enter the

greater of

Rose $13,980

lines 4 or 5

Dorothy $7,200

from above

in e.

6. Totals a. $38,860 b. c. d. e. N/A

7. Enter total of items from 6a. through 6e. This is Annual Income ............................ 7. $38,860

The household is not eligible for assistance. Its income exceeds the Low-Income Limit by $360.

Explanation
Blanche: Blanche’s income must include both wages and tips. (The tips are included as wage/salary income.) Her wage income is $6,240 annually ($5.00/hour x 6 hours/night x 4 nights/week x 52 weeks/year) and her tip income is $11,440 annually ($55/night x 4 nights/week x 52 weeks/year).

Rose: Rose’s wage income must be calculated in two steps. For the first 6 weeks of the year, she earns $6.50/hour. Her income at this wage is $6.50/hour x 40 hours/week x 6 weeks = $1,560. For the next 46 weeks, her wage will be $6.75/hour. Her income at this wage is $6.75/hour x 40 hours/week x 46 weeks = $12,420.

Dorothy: Dorothy made $7,200 last year and there is no reason to expect that she will work more or less often in the coming year. Her income is, therefore, estimated at $7,200. Per the Income Exclusions (see Appendix B), the income she receives from Food Stamps is excluded from this calculation.

50 Chapter Three – Calculating Annual (Gross) Income
Income Calculation and Determination Guide for Federal Programs – Ch 3 - 10

Exhibit 3.4 – Calculating Part 5 Annual Income – Exercise 2

Family Members Position in Family Age Income Sources
Murphy Brown Head 38 Earns $550 semi-monthly as a manager in the Housewares Department of the local Kmart and
receives $100/month in child support.

Eldon Bernakey Boyfriend 36 Earns $250/week as a part-time painting instructor at the local school for the 40 weeks/year when
school is in session. Attends evening classes at the
Art Institute, which he pays with a State Student
Incentive Grant of $3,500. Pays $50/month in
child support for his twins – when he can.

Avery Brown Son 3 No income.

Under the Federal Programs, the Income Limit for a family of three in the jurisdiction is $25,700. Is this household eligible for CDBG/HOME assistance?

ANSWERS

ANTICIPATED ANNUAL INCOME

Family a. Wages/ b. Benefits/ c. Public d. Other e. Asset Members Salaries Pensions Assistance Income Income

Murphy $13,200 $1,200 Enter the

greater of Eldon $10,000

lines 4 or 5

from above

in e.

6. Totals a. $23,200 b. c. d. $1,200 e. N/A

7. Enter total of items from 6a. through 6e. This is Annual Income ............................ 7. $24,400

This family is eligible for assistance. Its total income is $24,400, which is below the Low - Income Limit.

Explanation

Murphy: Murphy’s annual wage income is $550 semi-monthly x 24 periods/year, or $13,200. In addition, she receives $100/month x 12 months = $1,200/year. This is other income.

Eldon: Eldon’s wage income is based on 40 weeks of work: $250/week x 40 weeks/year, or $10,000 annually. His scholarship does not count as income. The child support Eldon pays cannot be deducted from his income.

51 Chapter Three – Calculating Annual (Gross) Income
Income Calculation and Determination Guide for Federal Programs – Ch 3 - 11

Exhibit 3.5 – Calculating Part 5 Annual Income – Exercise 3

Family Members Position in Family Age Income Sources
Ricky Ricardo Head 80 Receives gross Social Security in the amount of $625/month, receives a pension from the local
musicians’ union in the amount of $25 every quarter
(3 months).

Lucy Ricardo Spouse 79 Receives gross Social Security in the amount of $120/month. Grossed $4,200 for giving voice
lessons last year, but paid business expenses of
$1,250 from this income for equipment and sound
proofing.

Ricky Ricardo II Child 45 Earns $330/week as an interpreter for a local nonprofit organization.

If the Low-Income Limit for a household of three is $30,000 and the Ricardo’s have no other source of income, do they qualify for assistance?

Complete the following table to calculate annual income (as defined in 24 CFR Part 5) for the household. Answers are found on the following page.

ANTICIPATED ANNUAL INCOME

Family a. Wages/ b. Benefits/ c. Public d. Other e. Asset

Members Salaries Pensions Assistance Income Income

Ricky Enter the

greater of

Lucy

lines 4 or 5

Ricky II

from above

in e.

6. Totals a. b. c. d. e. N/A

7. Enter total of items from 6a. through 6e. This is Annual Income ............................ 7.

52 Chapter Three – Calculating Annual (Gross) Income
Income Calculation and Determination Guide for Federal Programs – Ch 3 - 12

Exhibit 3.5 – Calculating Part 5 Annual Income – Exercise 3 (continued)

ANSWERS

ANTICIPATED ANNUAL INCOME

Family a. Wages/ b. Benefits/ c. Public d. Other e. Asset

Members Salaries Pensions Assistance Income Income

Ricky $7,600 Enter the

greater of

Lucy $1,440 $2,950

lines 4 or 5

Ricky II $17,160

from above

in e.

6. Totals a. $17,160 b. $9,040 c. d. $2,950 e. N/A

7. Enter total of items from 6a. through 6e. This is Annual Income ............................ 7. $29,150

The household is eligible for assistance.

Explanation
Ricky: Ricky’s entire income is comprised of pensions and benefits. It equals $625/month x 12 months/year ($7,500) plus $25/quarter x 4 quarters/year ($100), or $7,600.

Lucy: Lucy’s benefits income is $120/month x 12 months/year, or $1,440. Her net income from her business was $4,200 - $1,250 or $2,950. (Her equipment and soundproofing expense is an allowable deduction because the business funds were reinvested in the business and did not represent expansion. Refer to Exhibit 3.1)
Ricky II: Ricky II’s income is wage income. The calculation is $330/week x 52 weeks/year = $17,160.

53 Chapter Three – Calculating Annual (Gross) Income
Income Calculation and Determination Guide for Federal Programs – Ch 3 - 13

Exhibit 3.6 – Calculating Asset Income Under Part 5 – Example

Family Members Assets Asset Value
Juan Herrera Checking account $870 average 6-month balance with an interest rate of

2.7%.

Inheritance Received an inheritance of $30,000 that he used to buy a new car for $12,000, pay off his $3,000 credit card
bill and opened a mutual fund account (which has no
associated account costs) to invest the remaining
$15,000 at an annual interest rate of 5.3%.

The Federal Program’s Passbook Rate is
2%.

ASSETS
Family Current Cash Value Actual Income
Member Asset Description of Assets from Assets
Juan Herrera Checking account $870 $23
Same Mutual fund $15,000 $795
.................................

3. Net Cash Value of Assets 3. $15,870

4. Total Actual Income from Assets………………………………………………. 4. $818

5. If line 3 is greater than $5,000, multiply line by 2% (Passbook Rate) and 5. $317 enter results here; otherwise, leave blank.

The asset income to be used in the annual income calculation is $818 since the actual income generated by the assets is greater than the imputed income.

Explanation:

Checking account: The income from the checking account is calculated based on the 6-month balance and the interest rate ($870 x .027 = $23).

Inheritance: A car owned for personal use is not considered an asset. However, the mutual fund is an asset. $15,000 x .053 = $795.

Because the total cash value of the assets exceeds $5,000, the Federal Program’s Passbook Rate must be used to calculate the imputed income from all assets combined. In this case, $15,870 x .02 = $317. The actual income earned ($818) is greater, however, so that amount must be used in the calculation of annual income for this family.

54 Chapter Three – Calculating Annual (Gross) Income
Income Calculation and Determination Guide for Federal Programs – Ch 3 - 14

Exhibit 3.7 – Calculating Asset Income Under Part 5 – Exercise 1

Position in
Family Members Family Age Family Assets Asset Value
Archie Bunker Head 72 Checking account $595 average 6-month balance in a non-interest-bearing account.

Edith Bunker Spouse 73 Savings account $2,695 at 3.1%
Federal Program’s Passbook rate is
2%.

Calculate the Bunkers’ asset income by completing the following chart. Answers are provided below.

ASSETS
Family Current Cash Value Actual Income
Member Asset Description of Assets from Assets
..................................

3. Net Cash Value of Assets 3.
...................................................................

4. Total Actual Income from Assets 4.

5. If line 3 is greater than $5,000, multiply line by ____ (Passbook Rate) and 5. enter results here; otherwise, leave blank.

Asset Income to be used in annual income calculation: $_____________

ANSWERS

ASSETS
Family Current Cash Value Actual Income
Member Asset Description of Assets from Assets
Archie Bunker Checking Account $595 $0
Edith Bunker Savings Account $2,695 $84
..................................

3. Net Cash Value of Assets 3. $3,290
...................................................................

4. Total Actual Income from Assets 4. $84

5. If line 3 is greater than $5,000, multiply line by ____ (Passbook Rate) and 5. $0 enter results here; otherwise, leave blank.

The Bunkers’ income from assets is $84.

Explanation
Use the actual income in this case, because the cash value of the Bunker’s total assets is less than $5,000.

The imputed income is only calculated for assets when the total cash value of all assets exceeds $5,000.

55 Chapter Three – Calculating Annual (Gross) Income
Income Calculation and Determination Guide for Federal Programs – Ch 3 - 15

Exhibit 3.8 – Calculating Asset Income Under Part 5 – Exercise 2

Family Position in Age Family Assets Asset Value
Members Family
Fred Mertz Head 85 Rental property Small rental property that grosses $6,500/year (expenses to keep up the
property are $3,400/year). The property has
a fair market value of $69,000, but they have
a mortgage on the property in the amount of
$35,000. The average closing cost in a real
estate transaction is 8% in the area.

Ethel Mertz Spouse 81 Savings account Savings of $5,000 that earned $179 in interest during the past year.

Stock 100 shares of stock in “Why Buy it, Inc.” with
a face value of $4.25 per share, that has not
shown a dividend in years. The cost to sell
the stock would be about $76.

Federal Program’s Passbook
rate is 2%.

Calculate the Mertz’s asset income by completing the following chart. Answers are provided on the following page.

ASSETS
Family Current Cash Value Actual Income
Member Asset Description of Assets from Assets
....................

3. Net Cash Value of Assets 3.
. .... ... .... ... ... .... ... .... ... ....

4. Total Actual Income from Assets 4.

5. If line 3 is greater than $5,000, multiply line by ____ (Passbook Rate) and 5. enter results here; otherwise, leave blank.

Asset Income to be used in annual income calculation: $_____________

56 Chapter Three – Calculating Annual (Gross) Income
Income Calculation and Determination Guide for Federal Programs – Ch 3 - 16

Exhibit 3.8 – Calculating Asset Income Under Part 5 – Exercise 2 (continued)

ANSWERS

ASSETS
Family Current Cash Value Actual Income
Member Asset Description of Assets from Assets
Fred Mertz Rental Property $28,480 $3,100
Ethel Mertz Savings Account $5,000 $179
Same Stock $349
..................................

3. Net Cash Value of Assets 3. 33,829
...................................................................

4. Total Actual Income from Assets 4. $3,279

5. If line 3 is greater than $5,000, multiply line by 2% (Passbook Rate) and 5. $677 enter results here; otherwise, leave blank.

The asset income to be used in the annual income calculation is $3,279, since the actual income from assets is greater than the imputed income.

Explanation
Apartment Building The cash value of the property is:

Market value $69,000
Less mortgage 35,000
Less sales costs ($69,000 X .08) 5,520
Cash value $28,480
The income earned is the net income ($6,500 – $3,400) of $3,100.

Savings Account The information is provided.

Stock The cash value of the stock is the sales proceeds (100 shares x $4.25/share = $425) less the cost to sell ($76). It generates no dividend income.

57 MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 1, 2025

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

SUBJECT
..titl e
2024 General Plan and Housing Element Annual Report.
..end

RECOMMENDATION
Receive and file the 2024 General Plan and Housing Element Annual Report which will subsequently be filed with the Governor’s Office of Land Use and Climate Innovation and the California Department of Housing and Community Development. ..body

FISCAL IMPACT
There is no financial impact to the General Fund. These annual reports are filed with the Governor’s Office of Land Use and Climate Innovation and the California Department of Housing and Community Development, and no further action is required.

58 CITY COUNCIL MEETING DATE: APRIL 1, 2025
TITLE: 2024 GENERAL PLAN AND HOUSING ELEMENT ANNUAL REPORT.

PAGE: 2

BACKGROUND
In July 2010, the City Council adopted Envision Chino 2025, a comprehensive update to the City’s General Plan. Section 65400 of the Government Code requires the Planning Commission to review and forward to the City Council an annual report describing the C ity’s progress in implementing its General Plan and Housing Element. Once reviewed by the City, the report is required to be sent electronically to the Governor’s Office of Land Use and Climate Innovation (LCI), formerly the Governor’s Office of Planning and Research (OPR), as well as the California Department of Housing and Community Development (HCD).

The City’s General Plan includes an introduction and Vision Chapter as well as 12 separate elements. The 12 elements cover the seven topics required by Stat e Government Code Section 65302, including a Housing Element that is required to be updated every eight years. The Housing Element update was completed by the City in January 2022, adopted by the City Council and certified by HCD in December 2024, which co vers the 2021-2029 reporting period.

The 2021 -2029 Housing Element includes specific components such as an analysis of the existing housing stock, an analysis of existing and projected housing needs, and a quantification of the number of housing units that will be developed, preserved, and improved through its policies and actions.

The General Plan and Housing Element Annual Progress Report has been completed and is attached for review by the City Council in accordance with State guidelines. The General Pla n and Housing Element progress report ensures responsible long -range planning through the annual review of policies, strategies, and actions identified in each document.

ISSUES/ANALYSIS
Staff reviewed the General Plan goals, policies, and actions, as identified in the Implementation Program (Exhibit “A” to the General Plan Annual Progress Report). The Implementation Program incorporates a narrative of the goals and action statements from the General Plan that have been completed or were in the process of being completed in 202 4. During the 202 4 calendar year, the City continued to implement many General Plan goals and policies through ongoing City programs, private development, and capital improvement projects.

The City also continues to implement the 2 021-2029 Housing Element measures in an effort to add to the region’s supply of affordable housing through the multiple housing programs offered by the City. Exhibit “B” to the General Plan Annual Progress Report includes several tables that summarize the progress made in 202 4 towards meeting the goals and objectives of the City’s 2021-2029 Housing Element.

The Planning Commission reviewed the 202 4 General Plan and Housing Element Annual Progress Report at the March 19, 2025, Planning Commission meeting, an d recommended the City Council receive and file the reports.

Attachment - 2024 General Plan and Housing Element Annual Progress Report

59 GENERAL PLAN ANNUAL PROGRESS REPORT
2024

DEVELOPMENT SERVICES DEPARTMENT

PLANNING DIVISION
A඘කඑඔ 2025
60 Aਯ਱ਨਫ 2025

CITY OF CHINO GENERAL PLAN ANNUAL PROGRESS REPORT

EXHIBIT A

2024 GENERAL PLAN IMPLEMENTATION PROGRAM TABLE

61 CITY OF CHINO

GENERAL PLAN IMPLEMENTATION PROGRAM
Action
Number
Action Status of Progress/Comments
HC-1.1 A1 Develop programs to foster collaboration between local health officials and City staff and elected officials.

The Healthy Chino Coalition program, in place since 2004, continues to meet quarterly with over 20 active Coalition members including local health officials, physicians, nurses, educators, business owners, and City staff. The City actively participates in the quarterly IEHP Community Partner Network Meetings and San Antonio Regional Hospital Health Equity, Diversity, and Inclusion (HEDI). Healthy Chino continues to participate at the monthly Focus on Youth collaborative meetings. These meetings foster new partnerships and create opportunities to expand new and existing programming. Healthy Chino staff attends the City of Chino quarterly Safety Committee Meetings. The Healthy Chino Program continues to offer employee wellness challenges and healthy snack options. This is done by collaborating with different agencies and companies to help promote healthy living. Partnerships include Kaiser Permanente, San Bernardino Health Department, IEHP, Chino Valley Medical Center, San Antonio Regional Hospital, Juice It Up, San Bernardino County Master Gardeners, and SoCal Healthy Vending. The SoCal Healthy Vending company is a local Chino business.

HC-1.1 A2 Develop a list of best practices related to promoting healthy communities. Ideas on best practices are gained through the on-going attendance by Healthy Chino staff at the various health and wellness collaborative meetings and conferences. Programs that are currently in place that promote healthy practices are the Hike the Valley Program, established in 2013, where participants are guided through local trails (hikes average 2-5 miles in length and range from easy to advance levels). At the Chino Community Garden participants plant fruits/vegetables and learn gardening, nutrition, and sustainability through the garden's educational workshops. Educational programs include demonstration gardens, cooking classes, and children’s story time programs. The Community Garden will continue to offer its popular garden workshops, Children's Discovery workshops, and composting program. Bark Around Ayala Park continues to bring in over 400 participants, their dogs, and 30 local vendors for a fun and active morning. Healthy Chino contributes to and promotes the Chino Valley YMCA 5K Reindeer Romp, Run for Russ 5K, and the Chino Youth Museum 5K DairyAire each year. The City and Chino Valley YMCA partner on Healthy Family Day and hosted a fun, free annual community event on April 6, 2024 at Ruben S. Ayala Park with over 750 participants who got to enjoy fitness demonstrations, kids' activities, inflatable obstacle course and activities, smoothie bike, healthy food, health/nutrition/fitness vendors, and water/environmental vendors. Healthy Chino partnered with the Inland Empire Utilities Agency (IEUA) and the Public Works Department to host two Earth Day events on April 17 and 18, 2024, at the Chino Creek Wetlands & Educational Park. Over 3,500 people attended the event over the two days. The Healthy Chino program collaborates with the Chino Police Department to host the annual Bike Day event each year.

This event hosts a 13-mile community bike ride and a 5-mile family bike ride. The Police Department hands out free bike helmets as well as conduct a safety obstacle course. Healthy Chino recruits a local bike shop, Bike Fix, as an event sponsor, and Bike Fix hosts a booth at the event offering free bike repairs to event attendees. On September 21, 2024, Healthy Chino celebrated its 20th year anniversary by hosting an event featuring key partners, a Healthy Chino History Walk, and a Family Fitness Challenge Registration. Families who registered for the challenged received a free fit kit to particpiate in counting steps monthly as a family and submitting numbers to Healthy Chino. The 20 year anniversary will continue through September 2025, featuring enhanced events and Employee Wellness challenges, mobile stops where the public can recieve free health information from health- based partners, and a cookbook collaboration between the Chino Valley Unified School District, Healthy Chino, and the SOAR program.

Healthy Chino Element
Goal HC-1 Foster Chino resident's health.
62 CITY OF CHINO

GENERAL PLAN IMPLEMENTATION PROGRAM
Action
Number
Action Status of Progress/Comments
HC-1.1 A3 Track community health information systematically and in ways appropriate for use in decisions about the built environment.

In partnernership with San Antonio Regional Hospital to receive data on the rates of nutrition-based illnesses in the City of Chino. Healthy Chino also partnered with Inland Empire Health Plan, where IEHP hosted several workshops in Spanish in the downtown area to bring awareness to the community on topics included Heart Health, Controlling Diabetes, Healthy Eating, and Mental Health.

HC-1.2 A1 Develop a program to disseminate information about healthful eating habits. There are a number of methods that are used in the Healthy Chino Program to distribute information about healthy eating habits. These include: Healthy Family Day, with over 750 participants and 40 vendors; Grilling classes offered to the community to help promote healthy eating habits; and partnering with CVUSD in recognizing National Nutrition Month. Healthy Chino also disseminates monthly emails on health tips to over 800 community members, City employees, Health Council members, and Focus on Youth members. Healthy Chino continues to promote healthy snack and breakfast options in all City after school and before school programs. Healthy Chino offers the Healthy Kids Challenge at the High Five and SOAR Afterschool programs. This incorporates healthy eating and fitness weekly challenges for six weeks. The Healthy Chino Program has also begun to use social media to distribute healthy tips and program announcements.

HC-1.2 A2 Model best practices related to promoting healthy eating habits at government offices and government-organized events by serving only healthy snacks and refreshments.

The City hosts programs for employees to promote healthy eating habits including Healthy and Wellness Workshops and the Stairwell Art Program. The 6-week weight loss/fitness program, "Healthier You Challenge" continues to be offered once a year (winter) to the employees to help start off the year encouraging health and wellness. Healthy Chino also encourages employees to offer healthy snacks and refreshments during meetings and trainings. Healthy Chino offers healthy snacks and water to participants at all of its programs including Children's Discovery Workshops, Hike the Valley, and bike events to name a few. There are eight new Healthy Vending Machines available to employees and residents. Employees were surveyed on healthy options they wanted to see in the vending machines. At the conclusion of the survey, the healthy vending company adopted most options by adding them into the machines.

HC-1.2 A3 Promote government and school purchase of locally-produced and/or organic food. The Healthy Chino program provides nutrition lessons to the afterschool programs promoting local organic produce from the Chino Community Garden.

HC-1.2 A4 Work with vendors at the farmer’s market to develop programs under which vendors can accept food stamps and other public benefits.

The City does not currently have a City-sponsored farmers market. No work has begun on identifying or prioritizing starting a farmers market or agriculture drop-off sites (CSA Farm Share). Previously, the City offered a farmers market at City Hall and then at The Preserve Community Center but was deemed unsustainable due to low sales.

Goal LU-1 Enhance the livability of Chino neighborhoods.

LU-1.1 A2 Conduct a review of existing City policies to identify barriers to the development of accessory dwelling units, co-housing, and other non-traditional housing types. Where necessary, modify policies to support development of these housing types.

The City has developed three pre-approved ADU plans of various sizes that meet the current building code requirements. Ongoing efforts focus on educating employees and reviewing City procedures to promote the development of ADUs. Additionally, staff continues to research funding sources.

LU-3.1 A1 Study the use of graduated-density zoning, which encourages parcel assembly by allowing higher densities for larger sites, or other policy-based mechanisms to encourage the development of projects on more than one parcel that are consistent with the Future Growth Vision Plan.

The concept of graduated-density zoning was studied during the 2010 General Plan Update. At that time, it was determined that it would not be incorporated into specific General Plan policies or Zoning Ordinance provisions, and would be evaluated again in future updates.

LU-3.1 A2 Work with the Southern California Association of Governments (SCAG) when it prepares its Sustainable Communities Strategy (SCS) to ensure that sites from the Future Growth Vision Plan are included in the SCS.

The Regional Transportation Plan (RTP) and Sustainable Community Strategy (SCS) was approved by SCAG in 2020. The RTP/SCS did not include the future growth areas because the land uses for these sites have not changed.

Land Use Element
Goal LU-3 Revitalize older commercial and industrial areas in the center of Chino. 63 CITY OF CHINO

GENERAL PLAN IMPLEMENTATION PROGRAM
Action
Number
Action Status of Progress/Comments
LU-3.1 A3 Consider revising the Future Growth Vision Plan if SCAG’s ultimate SCS map is not consistent with it.

On January 4, 2022, the City adopted the 6th Cycle (2021-2029) Housing Element to be in compliance with SCAG’s Regional Housing Needs Assessment (RHNA) allocation. Many areas within the Future Growth Vision Plan have been identified as potential sites to meet the RHNA allocation. These sites would allow for higher densities up to 30 dwelling units to the acre or have the potential for mixed-use development.

LU-3.2 A1 Provide expedited review of projects on the four corners of Walnut and Central Avenues that meet both the land use regulations and the design guidance provided for these properties and for mixed-use properties in general.

There has not been any development activity at this intersection during this reporting period.

LU-3.3 A1 Work with landowners along Riverside Drive to consolidate parcels so they can create large enough spaces for new development of either mixed-use or multi-family residential buildings. On some portions of Riverside Drive where the parcels are very shallow due to dedications for the street right-of-way, this will need to include consolidation with parcels that do not currently front upon Riverside Drive. In this case, the landowners will need to enter into an agreement to share profits according to the original size of each parcel before right-of-way has been dedicated.

There has not been any development activity in this area during this reporting period. In the future, if interest in development of properties in this area is received, the City will explore opportunities to coordinate with other landowners along Riverside Drive to encourage consolidation of parcels.

LU-3.4 A1 Existing uses south of the Civic Center are permitted to continue, but are encouraged to upgrade their facilities to provide better pedestrian amenities on sidewalks and open areas.

The City will continue to work with land owners to ensure pedestrian facilities are upgraded with any future development in this area. However, there has not been any mixed use or residential development activity in this area.

LU-3.4 A2 Work with residential, commercial, and industrial landowners to consolidate parcels so they can create large enough spaces for development of live-work lofts on the block bounded by Central Avenue, F, 5th, and G streets.

In the future, if there is interest for development in this area, the City will explore opportunities to coordinate with other landowners to encourage consolidation of parcels.

LU-4.1 A1 Work with San Bernardino County to revise the County’s General Plan to reflect the land use designations shown in the City’s Land Use Map.

Upon adoption of the City's General Plan 2010, City staff transmitted updated land use information to the County. The County has since updated portions of their General Plan to reflect the land use designations shown in the City's Land Use Map. The City will coordinate with the County of any future approved land use changes to keep the map updated.

LU-5.2 A1 Develop a program to provide incentives for projects that support smart growth goals and reduce greenhouse gases, such as mixed-use, infill, and transit-oriented development projects.

On November 17, 2020, the City Council approved an update to the City's Climate Action (CAP) Plan in an effort to reduce greenhouse gas emissions by 46% lower than the 2008 baseline by the year 2030. A list of mandatory and voluntary greenhouse gas emission reduction measures are listed within the CAP that an applicant will be required to implement into their project, thus resulting in a reduction of greenhouse gases. In addition, on January 4, 2022, the City adopted the 2021-2029 Housing Element, that identifies potential housing sites for high densities and mixed-use developments.

Goal LU-6 Develop and implement comprehensive master plans for key sites and areas in Chino.

LU-6.1 A1 The City shall individually phase out the Majestic Spectrum, East Chino, Eucalyptus Business Park, and Central Avenue Specific Plans, as well as the Downtown Civic Center Master Plan, after careful study of the potential effects of the phase out.

The City is currently in the process of updating the City's General Plan that includes the removal of the specific plans.

LU-8.1 A2 Identify and prioritize neighborhoods underserved by healthy food sources for development of healthy food sources.

There are existing programs in place that serve low-income neighborhoods in the City, such as the Summer Lunch Program held in Monte Vista Park offered in July and August for children and youth 18 years or younger.

LU-8.1 A4 Identify appropriate locations for farmers markets and community-supported agriculture drop-off sites and prioritize such uses in these areas.

Goal LU-4 Provide a clear transition for properties within the Sphere of Influence (SOI).

Goal LU-5 Reduce Chino's greenhouse gas emissions.

Goal LU-8 Ensure convenient access to healthy foods for all residents. 64 CITY OF CHINO

GENERAL PLAN IMPLEMENTATION PROGRAM
Action
Number
Action Status of Progress/Comments
Goal CC-1 Establish high standards of community design in Chino.

CC-1.1 A1 Develop detailed design guidelines for new developments. The City has design standards per CMC 20.17 for the overall City. In addition, detailed design standards are provided for the College Park and The Preserve Specific Plans.

CC-2.3 A1 Develop a list of key entryways to Chino and establish a program to provide entry features for each of them. Entryways shall incorporate landscaping, trees, and/or architectural elements to enhance a sense of arrival to the City.

There are currently enhanced entryway landscape and signage treatments along Central Avenue at the Pomona 60 Freeway and in the southerly part of the City. A design has been approved for the 60 Freeway and Central interchange that includes City identifying features such as the City seal. Work began on the interchange in the summer of 2021 and was completed in 2024. The City will continue to consider other entries as deemed appropriate on a yearly basis.

TRA-1.2 A1 Conduct a signal timing study for all intersections with Level of Service (LOS) E and F.

Coordinate and implement study recommendations with adjacent jurisdictions as well as California Department of Transportation (Caltrans), if applicable.

Signal timing studies are done on an on-going basis for intersections that are congested, and modifications are made by the City as deemed appropriate and feasible. Coordination is continually coordinated with adjacent jurisdictions, SBCTA and Caltrans if needed. In addition, Mountain Avenue, Edison Avenue, Chino Avenue and Central Avenue have current traffic signal coordination timing and additional corridors are to be included as signal interconnect projects complete communications to them.

TRA-1.3 A1 Establish criteria for which developments will be allowed to construct private streets. The Specific Plans for College Park and The Preserve master-planned communities identify where private streets can be utilized, and include design standards for private streets. As new development proposals are reviewed in these Specific Plan areas, the benefits and/or impacts of designating proposed streets as private are evaluated. On February 2019, the City Council adopted Ordinance No. 2019-002, amending Section 19.06.040 of the Chino Municipal Code to clarify that any single-family residential developments having private streets approved before January 1, 2019, where the private streets otherwise meet the criteria of the Subdivision Map Ordinance, shall be deemed valid and duly authorized, but that no further private streets shall be authorized within single-family residential developments thereafter. When development proposals are reviewed for areas outside of these Specific Plan areas where infill development might occur, the street types will be reviewed on a case- by-case basis to determine the benefits and/or impacts of designating them as private.

TRA-1.3 A4 Identify possible funding sources for traffic calming treatments, including grants to investigate the feasibility of establishing a residential assessment district to allow residents to participate in funding construction of traffic calming treatments in their neighborhood.

Opportunities to apply for grant funding for traffic calming improvements or grants for the establishment of a residential assessment district are regularly monitored, and where appropriate, grant applications are applied for. A grant funded Local Roadway Safety Plan (LRSP) was completed in October of 2022 which identified traffic safety improvement projects that would be eligable for future state grant funding.

In December of 2024, the CIty received an initial award of $400,000 for a Comprehensive Safety Action Plan (CSAP) which will expand upon the effort of the LRSP enabling Chino to compete for federal traffic safety grants in the future as well. The CSAP is expected to be completed by December 2027.

TRA-3.1 A1 Develop a truck loading policy for new development that ensures new truck-dependent businesses limit their impact on neighborhoods and business districts.

The Chino Zoning Ordinance has existing provisions for industrial businesses that are located adjacent to non-industrial uses that require appropriate buffering techniques, such as increased setbacks, screening and dense landscaping to be provided in order to mitigate any negative effects of industrial operations such as truck loading. In addition, as industrial development applications are reviewed, the locations of loading areas are evaluated to mitigate any potential impacts to adjacent uses.

Goal CC-2 Preserve and enhance areas that create community identity and support Chino's small town character.

Housing Element - Refer to Housing Element Annual Report Goal TRA-1 A roadway system that meets the needs of Chino's residents and visitors, provides safe, convenient, and efficient travel in, around, and through the City, and preserves and/or enhances the City's distinctive qualities.

Transportation Element
Community Character Element
Goal TRA-3 Freight transportation that provides efficient service to businesses and industry while limiting impacts to residents and visitors. 65 CITY OF CHINO

GENERAL PLAN IMPLEMENTATION PROGRAM
Action
Number
Action Status of Progress/Comments
TRA-6.2 A2 Study individual accident locations, especially “hot spots” with multiple accidents, and identify necessary upgrades to reduce the incidence of accidents.

Accident reports are regularly reviewed on an ongoing basis to develop a list of intersections with a high volume of incidents. "Hot spot" locations and prioritization of locations are included in the Local Roadway Safety Plan completed in 2022. As funding becomes available, projects are added to the 5- Year Capital Improvement Program. Traffic calming measures are also incorporated into CIP projects when practical.

TRA-6.3 A1 Develop an Americans with Disabilities Act (ADA) Transition Plan which identifies locations and funding commitments to provide access to public rights-of-way, including curb cuts and other improvements targeted toward persons with disabilities.

Beginning in 2016, the City began evaluating its buildings, parks, and services for accessibility. In 2021 and 2022, sidewalks and curb ramps began to be inventoried as a baseline for the public rights-of-way.

In 2023, the City completed a full, Citywide self-evaluation and ADA transition plan consisting of City- owned buildings and parks, public right-of-way facilities, and City policies and procedures. The final transition plan addresses identified barriers with a timeline and projected funding sources for the completion of improvements. The ADA Transition Plan was adopted by City Council in February 2024.

Annually, the City applies for Community Development Block Grant (CDBG) funding and Transportation Development Act (TDA) funding for sidewalk and ADA ramp improvements for locations throughout the City. These funding streams will address specific accessibility barriers for people will disabilities that are identified in the transition plan.

TRA-10.2 A1 Prepare a Bicycle Master Plan for the City of Chino that establishes where and how the City’s bicycle network will be expanded, including standards to guide review of roadway enhancements or other changes to the roadway system. This plan should be consistent with requirements for allocation of State Bicycle Transportation Account funds and federal funding for bicycle improvements that cannot be allocated without an approved Bicycle Master Plan. The plan should also include criteria for funding prioritization of improvements.

TRA-10.2 A2 Develop maps or signage indicating local and regional bicycle routes, including distances to key destinations, such as parks and schools.

All new construction projects affecting bike facilities include bike path and trail signage guiding bicyclists around the network of bike facilities. Further, multi-use trails in Ayala Park and within the SCE Easement include mile marker signage.

TRA-10.2 A3 Promote bicycle-related programs for the community. Healthy Chino staff continues to offer bicycle-related programs in the community. Healthy Chino staff has partnered with the Chino Police Department in planning and running these programs. Chino Bike Day was held on May 11, 2024 at Ruben S. Ayala Park. Chino Bike Day provides a community bike ride (13 miles), a family bike ride (5 miles), bicycle safety workshop, helmet giveaway/fitting, bike obstacle course, free bike repairs, smoothie bike, and kids' activities.

Goal TRA-6 Improve the convenience, intuitiveness, and safety of Chino's street network.

Goal TRA-10 Foster bicycling as a convenient, healthy and environmentally-friendly travel choice in Chino. 66 CITY OF CHINO

GENERAL PLAN IMPLEMENTATION PROGRAM
Action
Number
Action Status of Progress/Comments
TRA-11.1 A1 Develop a Pedestrian Master Plan that evaluates the pedestrian transportation system for discontinuities and prioritizes streetscape improvements such as street trees, sidewalks, benches, planter boxes, ADA access, trails, and other amenities in existing neighborhoods.

Key pedestrian corridors and potential funding sources to complete the Plan should be identified as part of the Plan.

TRA-11.1 A2 Develop a set of criteria for funding prioritization of planned pedestrian improvements, based on need/deficiency, anticipated demand, anticipated cost/benefit ratio, geographic equity, and funding opportunity.

TRA-11.1 A3 Develop maps or signage indicating local and regional pedestrian routes, including distances to key destinations, such as parks and schools.

TRA-11.1 A4 Develop an ADA Transition Plan specifying a timeline and funding commitments to provide access to public rights-of-way, including curb cuts and other improvements targeted toward persons with disabilities.

ED-1.2 A1 Maintain ongoing communication with manufacturing firms to make sure their operating needs are being met.

The Chino Office of Economic Development has reinstated its business visit program and weekly visits with companies throughout the City. In order to assist small and large firms, business consulting is available and is provided in partnership with business assistance agencies, including SB County, Chaffey College, SCORE, IEWBC and Small Business Development Center, Chino Valley Chamber of Commerce to address specific needs and general information. The Office of Economic Development, on an on-going basis, continues to build and nurture relationships with manufacturing firms throughout the City. Through one-on-one meetings as well as assistance during property improvements and business expansion plans. To help facilitate development, the Office of Economic Development and Development Services Department works diligently to usher the business through the development process.

ED-1.2 A5 Identify vacant sites appropriate for industrial uses, provide a list of those sites to potential businesses seeking to locate in Chino, and consider advertising those sites to potential tenants.

The Chino Office of Economic Development provides site selection services as part of its business attraction and expansion strategy. Through online searches and the mining of our internal databases, the Chino Office of Economic Development reviews a comprehensive list of developable site opportunities for the continued and anticipated growth of our industrial and commercial markets. In addition, the Chino Office of Economic Development shares the information with developers, site selectors, and brokers. The predominance of large industrial sites within Chino have been developed so the City now focuses on matchmaking of the remaining parcels and seeks out potential redevelopment sites, while actively anticipating the potential annexation of sites in the unincorporated portion of San Bernardino County.

In January 2016, the City adopted the Bicycle and Pedestrian Master Plan. The Plan provides a guide to improve bicycling and walking activity throughout the City by the implementation of various improvements to roadways that include the addition and/or modification of such features as street trees, sidewalks, benches, planter boxes, and Americans with Disability Act (ADA) access. Since the Plan’s adoption, the City was awarded $127,648 in 2015 and $440,081 in 2017 for the TDA Bicycle and Pedestrian Grant and TDA Transit Improvement Grant. The City has begun implementing projects with grant funding. Bicycle and pedestrian facilities were constructed in FY20/21. In 2021 and 2022, sidewalks and curb ramps began to be inventoried as a baseline for the public rights-of-way. In 2023, the City completed a full, Citywide self-evaluation and ADA transition plan consisting of City-owned buildings and parks, public right-of-way facilities, and City policies and procedures. The final transition plan addresses identified barriers with a timeline and projected funding sources for the completion of improvements. The ADA Transition Plan was adopted by City Council in February 2024. Annually, the City applies for Community Development Block Grant (CDBG) funding and Transportation Development Act (TDA) funding for sidewalk and ADA ramp improvements for locations throughout the City. These funding streams will address specific accessibility barriers for people will disabilities that are identified in the transition plan.

Economic Development Element
Goal ED-1 Strengthen Chino's economy in order to provide jobs and maintain a fiscally-positive General Fund.

Goal TRA-11 Enhance the convenience, intuitiveness, and safety of Chino's pedestrian network. 67 CITY OF CHINO

GENERAL PLAN IMPLEMENTATION PROGRAM
Action
Number
Action Status of Progress/Comments
ED-1.4 A1 Focus retail recruitment and business attraction efforts around existing concentrations like the North Central Avenue Area, the Spectrum, City Hall and The Preserve.

The City's retail recruitment and marketing strategy are focused on infill areas throughout the City.

Outreach efforts include, but are not limited to site searches to fill the vacancies within Chino and maintaining current retail market area demographic information, updated throughout the year, which is available to real estate professionals and retailers’ tenant representatives. Continued focus is given to areas in the City that lack tenancy and for planned development within The Preserve. Creating lifestyle experiences will be key to continued success for the City of Chino. The Office of Economic Development is focused on destination retail as a strategy for future growth.

ED-1.4 A3 To attract retail that is currently lacking, such as grocery stores, work with brokers and existing stores to identify sites that could be appropriate for a specific store, and actions or investments that could be taken to attract them.

The City meets with real estate professionals, specific retailers’, tenant representatives and retail developers throughout the year in the City to attract specific retail uses to the City. In addition to general grocers, citizens of Chino have indicated the desire for specialty stores like meat markets, Asian markets, Hispanic markets as well as produce focused markets. Community members have also expressed the desire to see more sitdown restaurants, coffee options and new or unique concepts that are not currently in our surrounding communities. With continued residential growth on the horizon, Chino works diligently to manage the needs of its constituents by working with retailers, site selectors and brokers to bring those services to the City in particular to those needs that are lacking in and around The Preserve. A recent parntership with ACRE Socal hopes to build strong relationships with retail tenant reps of unique brands to expand the Chino's retai offerings.

ED-1.4 A4 Monitor vacancy rates and sales tax performance for retail areas in the City in comparison to regional and statewide averages. If vacancy rates and sales tax performance fall below average, work with property and business owners to either improve performance or determine an alternative use for the site.

The City maintains a database of available retail space vacancies and leasing contact information, along with quarterly retail sales tax data for the City, SB County, and the State. This data along with other retail and demographic data provides staff with pertinent information to provide to retail center leasing representatives, center managers and other retail real estate representatives to help identify methods to improve their performance or determine an alternative use for their space or site. Chino continues to surpass local, regional and state averages. With the lowest vacancy rate in the Inland Empire for industrial, Chino continues to build and grow. In addition, commercial and retail rates are very competitive for western San Bernardino County while surpassing state and national averages.

Sales tax is a continued driver for the City with the bulk of revenue derived through medical device manufacturng and auto sales. Traditional brick and mortar are complimented by online and ecommerce driven consumers.

ED-1.4 A5 Actively recruit retail stores by marketing available sites and devoting staff time to working with potential tenants.

Attracting retailers is ongoing through various marketing efforts. At local, regional and national events, we provide current demographic and vacant retail property information to verify the value of locating in Chino. Recruitment of retail opportunities is a daily event for the staff at Chino. In cooperation with advertising and retail trade shows, the City of Chino works diligently at courting the newest and biggest retailers in the world. In the last year Chino has garnered the interest of Chick-fil- A, Raising Canes, In-n-Out and many other marquee brands. Staff continues to find the perfect location for their restaurants. Our Development Services Department is in the process of updating our General Plan and improving opportunities for a variety of new and transitioning industries to have flexible location options in Chino.

ED-1.4 A7 Maintain ongoing communication with the property owner of the Spectrum Marketplace and Spectrum Town Center developments to foster the potential for a public-private response to various changes in the market and to the specific challenges that these changes might create for the Spectrum.

City staff maintains on-going communication throughout the year with retail centers' ownership, management and leasing representatives to discuss any issues affecting the two centers. The core retail centers are key economic engines within the City and require constant attention. Regular communication is made with ownership and management representatives to remain informed of the status of future vacancies and potential needs. 68

CITY OF CHINO

GENERAL PLAN IMPLEMENTATION PROGRAM
Action
Number
Action Status of Progress/Comments
ED-2.1 A2 Periodically study the skills and education levels of Chino residents and use the information as a guide for recruiting new firms to the City.

Demographic information including education levels, income and ethnicity are available upon request from the City of Chino. The information is provided on the City's website and can be downloaded for print. Information on the City is sourced from a number of different areas including EDD, BOE, HDL, ESRI, CoStar and others, with specific reports generated from Claritas. Census data shows that 50,000 employees are traveling from outside of city proper. In coming months, the City has commissioned an economic Employments Trends Study by Beacon Economics. The study will provide insight to major job industries, wages and growth sector to recruit as part of the business attraction strategy for the Office of Economic Development.

ED-2.1 A3 Encourage local businesses to hire local residents. Strategies to do this could include developing a local job board to advertise vacancies to local residents and working with local educational institutions to provide job fairs.

Although the City continues to have a very low unemployment rate, staff works closely with the San Bernardino County Workforce Investment Board to ensure that there are new opportunities for job growth in the City. The City facilitates this by participation in job fairs, hosted by SB County, Chino Valley Chamber of Commerce and other Inland Empire cities. The City coordinates the recruitment and hiring services provided by San Bernardino County Workforce Investment Board, which provides its database of local and regional job seekers looking to work closer to their City of residence. Today's goal is to attract and retain higher paying technical and professional jobs. We desire for our citizens to not only live and play in Chino, but to work here too.

ED-2.1 A4 Study whether the City should give preference to local suppliers and firms when issuing requests for goods or services.

The City currently has a Local Business Preference ordinance. This ordinance affords a qualified business located within the City a five-percent reduction of an original submitted bid when comparing to next lowest bidder, thus allowing the local business to be considered as submitting the preferred, lowest bid.

GC Section
65400 (K)
Consult with the Native American tribes when a General Plan Amendment (GPA) is being proposed.

The City is complying with these requirements by: 1) Requesting Tribal Consultation List; 2) Mailing letters to tribes on the consultation list inviting tribes to consult; and 3) Arranging dates and times to consult.

OSC-4.1 A1 Adopt a Construction and Demolition Ordinance requiring recycling of at least 65% of all construction and demolition waste.

The City adopted the Tier 1 voluntary measures of the California 2022 Green Building Code, which includes a requirement to increase the amount of construction and demolition waste to be recycled to 70%.

OSC-5.1 A1 Adopt a Climate Action Plan within 18 months of adoption of this General Plan that demonstrates how the City will achieve the needed reductions of greenhouse gas emissions. The Climate Action Plan shall be developed in coordination with SANBAG and SCAQMD.

The City Council adopted its original Chino Climate Action Plan (CAP) on November 19, 2013. On November 17, 2020, the City has since updated the CAP (2020-2030) to meet new State regulations, most notably Senate Bill (SB) 32, which implements statewide targets to reduce greenhouse gas (GHG) emissions to 40% below the 1990 levels by 2030. The updated CAP utilizes reduction strategies that encourage energy efficiency, water conservation, alternative transportation, solid waste reduction and clean energy.

OSC-6.1 A1 Develop a program to prepare for extreme heat events, including outreach and notification focused on sensitive populations and the establishment of new and maintenance of existing cooling centers.

The City's updated Climate Action Plan (2020-2030) identifies actions to adapt to extreme heat events by: 1) Providing community cooling centers; 2) Providing public outreach, education, and engagement pertaining to the risks of extreme heat and preventive measures; and 3) Developing an extreme heat transportation management strategy. Currently, the Preserve Community Center, Neighborhood Activity Center, and Senior Center are all utilized as cooling centers. Information regarding cooling centers is published on the City's website and social media during the summer months.

Goal OSC-6 Prepare Chino for the expected impacts of global climate change.

Open Space and Conservation Element
Goal OSC-5 Reduce greenhouse gas emissions by 15 percent below 2005 levels by 2030.

Goal OSC-4 Minimize the consumption of energy and nonrenewable resources, and promote environmental sustainability.

Goal ED-2 Maintain a good jobs-housing balance and jobs-skills match. 69 CITY OF CHINO

GENERAL PLAN IMPLEMENTATION PROGRAM
Action
Number
Action Status of Progress/Comments
PR-1.2 A1 Enter into joint-use agreements by which Chino schools, particularly those in neighborhoods with a disproportionate lack of recreational facilities, help to provide civic functions such as parks and community meeting spaces.

A joint-use agreement was executed for The Preserve Community Center located in The Preserve Specific Plan, which is a joint-use facility between the City and Chino Valley School District that provides a gymnasium, fitness room and multi-purpose room. Other opportunities to implement this action will be evaluated on an on-going basis and will be considered for possible implementation on a yearly basis. The City completed a Parks & Facilities Master Plan evaluating programs, existing parks and facilities, and identifying areas within the City that lack in park and recreation facilities. The Master Plan is a living document, reviewed annually; with an update to be completed every five years. Based on the outcome from the Parks and Facilities Master Plan, the City is in the process of identifying vacant land in the north section of Chino to be purchased and developed into park land. The City continues pursuing grant funds to build a larger recreation center located at Monte Vista Park, and to expand the park site adding additional recreation amenities. The City received a grant through the State of California, Department of Parks and Recreation Office of Grants and Local Services to develop a park on the southeast corner of Central Avenue and Phillips Boulevard, now named Chino Rancho Park. This new 1.18 acre park consists of an entry monument for the City and park, parking lot, restroom building, an all-inclusive playground, shade pavilion, two pickle ball courts, outdoor fitness equipment, open space, walking trail with benches, and drought tolerant landscaping. The parked is now open to the public as of March 29, 2025.

Goal PR-1 Maintain existing park and recreational areas and create new ones in and around the City.

Parks and Recreation Element
70 CITY OF CHINO

GENERAL PLAN IMPLEMENTATION PROGRAM
Action
Number
Action Status of Progress/Comments
Public Facilities and Services Element
Goal PFS-2 Maintain a safe environment in Chino through law enforcement and crime prevention.

The police department has continued to expand its use of its existing technology to include adding License Plate Readers, POD Cameras, FLOCK cameras and other stationary cameras throughout the city in an effort rapidly and efficiently identify offenders and crime trends.

The Chino Police Department opened its Real-Time Crime Center (RTCC) in 2019. The center consists of a robust video wall, an interface Smartboard, and two workstations staffed by Crime Analysts. In 2024, the department introduced a new ancillary assignment for a Public Safety Dispatcher (PSD) to serve as a crime analyst in the Real Time Crime Center (RTCC). The RTCC is the information hub for a multitude of technology that includes camera feeds from both public and private cameras, intersection cameras, Police Observation Devices, ALPR’s, and law enforcement databases.

The mission of the RTCC is to provide officers with critical real-time information while responding to emergency calls to provide a safer environment for the officers and community. Additionally, immediately after a crime has been committed the RTCC is able to utilize available resources to investigate the crime and provide this information to the investigating officers. The RTCC has been very successful in preventing and combating crime in the Chino community.

Further, individual units (i.e. Traffic, Detectives, Community Relations, etc.) conduct routine strategy meetings to discuss crime/quality of life issues in the City and come up with a comprehensive approach to address them. Along with their focus on homelessness and outreach, the Quality-of-Life Team also coordinates efforts to reduce reoccurring issues that affect residents, business owners and visitors in the city. In 2024, the team added a Homeless Outreach Coordinator and an Assistant Homeless Outreach Coordinator will be starting in early 2025.

In June 2024, two officers were chosen to establish the Retail Theft Team, funded through Measure V.

The Retail Theft Unit consists of specially trained investigators who partner with business owners and other law enforcement agencies to combat theft. These officers not only respond to retail thefts in progress but are also tasked with investigating and pursuing those who initially evade capture.

The Community Relations Unit continues to hold Business Watch and Neighborhood Watch meetings to discuss safety tips and current crime trends. As part of the ongoing efforts to engage with our diverse community, two informational meetings were held at the police department for our Mandarin

Monitor Chino’s crime rates and categories to determine the most appropriate methods to target and reduce crime in the City.

PFS-2.3 A1
71 CITY OF CHINO

GENERAL PLAN IMPLEMENTATION PROGRAM
Action
Number
Action Status of Progress/Comments

speaking community. The purpose of the meetings was to provide information regarding available police services, learn more about the members of the Chino Police Department, and education on safety and prevention tips. One important goal for the Mandarin Community Meeting is to show our residents that they need not be afraid of reporting crimes or asking for assistance from Chino police officers. In 2024, the Senior Academy was created in collaboration with the City of Chino Senior Center to educate and engage seniors on topics related to safety and community resources. This 8-week program covers a wide range of topics, including traffic safety, K9 operations, patrol procedures, unmanned aerial systems, fire safety, crisis intervention, crimes against seniors, dispatch and real-time crime center operations, gangs, and SWAT. The program was designed to provide seniors with practical knowledge, enhance their understanding of law enforcement, and connect them with valuable community resources. The unit also provides free CPTED (Crime Prevention Through Environmental Design) inspections to local businesses and apartment complexes to assist in reducing crimes of opportunity by focusing on different intervention methods such as access control, natural surveillance, territorial reinforcement, and maintenance/operational practices.

Another way the Department is able to monitor crime rates from a public partnership perspective is through the use of crimemapping.com. This free online program allows members of the public to access information on crime reports based on date/time, location, and crime type. This also makes it very easy for personnel to view visual maps of information which can be shared with the public. The resource is routinely utilized in conjunction with neighborhood watch meetings. Lastly, the Chino Police Department continues to utilize a mobile app that allows for online reporting, reporting traffic or quality of life concerns, submitting a tip, and much more. The app is free for download on both iOS and Android devices. The police department website was recently updated to allow for easier navigation and reporting. Through the website, users can receive information on numerous topics including obtaining a police report, vehicle impounds and tows, crime statistics, traffic and citation information, and community events. The Chino Police Department introduced a new public safety integration program designed to enhance community partnerships and neighborhood safety. Through the program, residents can voluntarily register their surveillance cameras with the department, enabling investigators to quickly identify potential video evidence if an incident occurs near their property. A Chino Police Investigator may contact registered participants to request video footage as needed. It’s important to note that the camera registry is solely accessible to the Chino Police Department, and no live-streaming of cameras will ever take place. This initiative empowers community members to actively contribute to public safety while maintaining their privacy.

72 CITY OF CHINO

GENERAL PLAN IMPLEMENTATION PROGRAM
Action
Number
Action Status of Progress/Comments
PFS-2.3 A3 Seek grant funding for community policing, commercial vehicle enforcement, and other programs that will improve service levels within the City.

Opportunities for grant-funding for various programs are pursued on an on-going basis. Currently, the Chino Police Department utilizes grant funds to assist with crime prevention programs, alcohol prevention/education/enforcement (Alcohol and Beverage Control grant), and National Night Out, multiple state-funded DUI education/enforcement grants, and the Click it or Ticket (Seatbelt enforcement grant). The Traffic Unit received three major grants: the $198,000 STEP grant, which led to 8,465 vehicle contacts, 12 DUI arrests, 1,259 citations, and several felony arrests; a $26,000 Motorcycle Safety Grant for safety presentations and "Ride to Live" courses; and a $110,000 Cannabis Tax Fund Grant from the CHP to equip an educational trailer with driving simulators for community outreach. These grants enhance safety, education, and community engagement efforts.

PFS-2.3 A2 Maintain volunteer opportunities for residents in order to provide additional opportunities for community engagement with the Police Department.

There are volunteer programs currently offered through the Chino Police Department. Some of these include: 1) A Community Police Academy for adults 2) Spanish Community Academy 3) Youth Community Police Academy for teens; 4) Junior Academy for kids ages 10-13 5) The Police Explorer program for teens; 6) The Mounted Posse; 7) The Police Chaplains; 8) Community Emergency Response Team (CERT); 9) The Police Volunteer Internship Program, 10) new Volunteers In Policing (VIP) Program that will be coming in 2025.

The Chino Police Department's Volunteers in Policing (VIP) program enlists community members to assist in various departmental roles. Volunteers must be at least 18 years old, hold a valid California driver’s license, and complete an application process, including interviews, background checks, and attendance at the Community Academy. They commit to a minimum of 10 volunteer hours per month and receive uniforms upon completion. Duties include clerical work, vacation house checks, public relations, and participation in the Y.A.N.A. program, which supports elderly and disabled residents. The program enhances public safety and operational efficiency through community involvement.

Community Emergency Response Team (CERT) Basic Training is available to the community and consists of 20-hours of curriculum that teaches individuals how to help themselves, their families, and their neighbors during a disaster. CERT trains community members in basic disaster response skills such as team organization, disaster medical operations, fire safety, and light search and rescue. Upon completion of the CERT Basic Training, community members can affiliate with Chino PD as CERT volunteers. CERT volunteers will be a deployable resource to assist during a disaster and in non- disaster times be able to promote emergency preparedness in the community. Since August 2021, 96 people have completed CERT Basic.

LISTOS is a grass-roots disaster preparedness program that can be tailored to meet the individual needs of Spanish-speaking communities. The program is delivered in a format that is both culturally and linguistically appropriate for the target population. LISTOS partners with community leaders, jurisdictions, non-profits, faith-based organizations, schools, and other community institutions. By partnering with these organizations, LISTOS provides disaster preparedness information to the Spanish-speaking community. Listos instructs the participants in the command structure of first responders ensuring communication between LISTOS graduates and firefighters and police in the event of an emergency. LISTOS courses are held when requested by the community. 73 CITY OF CHINO

GENERAL PLAN IMPLEMENTATION PROGRAM
Action
Number
Action Status of Progress/Comments
Goal PFS-6 Design and operate public buildings that are a source of civic pride for all residents.

PFS-6.2 A1 Identify locations for additional library branches or shared-use libraries in Chino. The Preserve Community Center and Library are currently going through the entitlement process.

Project construction is estimated to be completed mid year 2027.

PFS-7.1 A1 Consider participation and/or support of proposed conjunctive use programs and Chino Basin storage and recovery programs that allow the distribution of water between jurisdictions during periods of excess supply. These programs would be administered through participation in the Chino Basin Watermaster and Water Facilities Authority.

Throughout the year, the City continues to be involved in discussions with MWD, IEUA, and other local water purveyors to implement additional conjunctive use programs.

PFS-7.1 A2 Evaluate the feasibility of establishing interconnections or water conveyance plans between the Chino water system and the water systems of the following neighboring water agencies:
• Monte Vista Water District
• City of Ontario (a connection currently exists at Benson Avenue) • City of Chino Hills
• Jurupa Community Services District
• San Antonio Water Company
• City of Upland
• City of Pomona
• The Inland Empire Utilities Agency
Discussions between the City and various local water agencies regarding water system interconnections are ongoing. A dedicated interconnection exists between Chino and Ontario. Chino currently has the ability to receive water from Water Facilities Authority (WFA) member agencies (i.e.

Monte Vista Water District, Upland, Ontario, and Chino Hills) through the WFA surface water treatment plant. Chino also receives an allocated amount of water provided by the Chino Basin Desalter.

PFS-7.5 A1 Work with the Inland Empire Utilities Agency to provide recycled water systems, including pipelines, pump stations, and storage facilities to serve primarily public facilities, schools, and parks as funding becomes available.

IEUA currently supplies recycled water to the City at several locations. The City meets with IEUA respresentatives as needed to discuss recycled water plans and activities.

PFS-7.5 A2 Develop a plan to irrigate agricultural lands with recycled water, both inside and outside of the City's service area, where feasible.

Recycled water is currently used to irrigate agricultural lands in the City. The City maintains a plan that identifies the users already connected to a recycled water line as well as those potential users.

AQ-1.1 A1 Implement traffic features such as roundabouts or the use of integrated signalization to improve traffic flow and reduce emissions from vehicle idling and stop and start.

Roundabouts and integrated signalization have been implemented in the City on a limited basis.

Additional implementation of these features will be evaluated as opportunities arise, and considered in future development proposals.

AQ-1.1 A2 Install LED traffic signals throughout Chino to reduce the City’s electricity consumption. 100% of the traffic signals in the City are LED. There is currently a program in place whereby the lights are replaced every 5 years, and each year, the replacement is scheduled and budgeted for rotating sectors of the City.

SAF-2.1A 1 Annually review any new information available from the Federal Emergency Management Agency and the state Department of Water Resources to determine if updated flood zone information is available.

The City receives updates to flood zone maps from FEMA every year, and this information is reviewed to determine if there are any updates to the maps.

SAF-6.1 A1 Regularly update and implement the Emergency Operations Plan (EOP) and the Local Hazard Mitigation Plan (HMP).

The City's Emergency Operations Plan (EOP) was approved by the State in 2014. The City's first local Hazard Mitigation Plan (LHMP) was approved by FEMA in 2012. The LHMP is updated every 5 years.

In 2016, the City prepared an update to the LHMP and was approved in 2018. The City is in the process of updating its LHMP with estimated completion in Spring 2025. The City will continue to review both plans regularly and make updates as needed.

Goal SAF-6 Reduce the risk to the community from natural and man-made disasters and terrorism events.

Goal AQ-1 Preserve and improve air quality in Chino and the region.

Safety Element
Goal SAF-2 Reduce hazards related to flooding and inundation.

Air Quality Element
Goal PFS-7 Ensure an adequate supply of water for all types of users. 74 Aਯ਱ਨਫ 2025

CITY OF CHINO GENERAL PLAN ANNUAL PROGRESS REPORT

ATTACHMENT 1 TO EXHIBIT A

75 Aਯ਱ਨਫ 2025

CITY OF CHINO GENERAL PLAN ANNUAL PROGRESS REPORT

AMENDMENTS TO THE GENERAL PLAN IN 2024

One application was approved by the City Council in 2024 that is further described below:

2021-2029 Housing Element - The 2021-2029 Housing Element was originally adopted by the City Council on January 4, 2022, amended twice on January 17, 2023 and November 5, 2024 , and adopted on December 3, 2024, approving revisions to the Housing Element to address comments from the California Department of Housing and Community Development (HCD). In compliance with State housing element law, the 2021 -2029 Housing Element identifies policies, programs, and objectives that focus on conserving and improving existing affordable housing; providing adequate housing sites to accommodate future housing needs for all income segments of the community; assisting in the development of affordable housing; removing governmental con- straints to housing development; and promoting fair housing opportunities for Chino residents.

76 Aਯ਱ਨਫ 2025

CITY OF CHINO GENERAL PLAN ANNUAL PROGRESS REPORT

EXHIBIT B

2024 ANNUAL PROGRESS REPORT ON THE IMPLEMENTATION OF

THE CITY OF CHINO 2021-2029 HOUSING ELEMENT
77 Jurisdiction Chino ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2024 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
1 Projection Period 3 4
RHNA Allocation by
Income Level
Projection Period -
06/30/2021-
10/14/2021
2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date (all years)
Total Remaining
RHNA by Income
Level
Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted - - - - 8 - - - - - Non-Deed Restricted - - 2 - - - - - - - Deed Restricted - - - - 4 - - - - - Non-Deed Restricted - - 19 - - - - - - - Above Moderate 2,378 247 138 547 207 566 - - - - - 1,705 673 6,978
247 138 568 207 578 - - - - - 1,738 5,240 5 6 7
Extremely low-Income
Need 2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date
Total Units
Remaining
1,057 - - - 2 - - - - - 2 1,055 VLI Deed Restricted
VLI Non Deed Restricted
1,274
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.

Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income housing need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.

Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).

Please Note: Table B does not currently contain data from Table F or Table F2 for prior years. You may login to the APR system to see Table B that contains this data.

Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].
1,180
-
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
23 Moderate
2,113
1,284
1,203
Please contact HCD if your data is different than the material supplied here 10 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
2,113
78 Jurisdiction Chino
Reporting Year 2024 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation 1A: Ownership
Rehabilitation Programs
Pursue existing and new funding
opportunities to maintain the Home
Improvement Deferred Loan Program
and the Mobile Home Improvement
Grant Program.

Program provided
annually and evaluated
each year, provided
CalHome and other
outside funding remains
available.

Applied for and was awarded $600,000 in CalHome funding to expand the Mobile Home Improvement Program. Utilizing other funding streams including City affordable housing funds and CDBG, fourteen (14) homes were rehabilitated in 2024 including ten very-low income, two low-income, and two extremely-low income households. Four of these units were mobile homes. 1B: Code Compliance
Respond to and address code
compliance issues. Maintain a record of
compliance issues and consider
additional programs if necessary to
address particular issues.

Address code compliance
issues as they are
identified.

Continued collaboration of efforts between Code and Housing Division staff allows for a proactive approach to addressing compliance. In 2024, 14 homes were rehabilitated. Although there were no direct Code referrals completed in 2024, several with compliance issues were identified and encouraged to apply.

Housing Division staff will continue to work closely with Code staff and the homeowners to complete necessary repairs.
1C: Condominium
Conversion
Monitor condominium conversions and
modify the ordinance if necessary.

Continue program with
annual reviews and
ordinance updates if
determined necessary.

There were no condominium conversions proposed in 2024. The City will ensure compliance with the condominium conversion ordinance and continue to monitor the rate of condominium conversions to determine if modifications to the ordinance are needed.
1D: Preservation of At-
Risk Housing
Monitor deed-restricted units and
coordinate with property owners and
qualified entities as necessary to
maintain affordability of units. Provide
assistance, as needed and available,
with funding or support funding
applications.

Annual review of existing
affordable housing stock
and begin proactive
coordination with
owners/operators of
affordable units at least
two years prior to deed-
restriction ending.

A comprehensive review and monitoring of affordable housing units takes place in November of each year. Housing Division staff completed this review in 2024, and all affordable housing units were found to be in compliance. Currently, there are no deed restricted units close to expiration, but staff will continue to monitor and communicate with owners as needed.
2A: Affordable Housing
Opportunities
Annually monitor and seek funding,
provide letters of support for funding
applications, and annual outreach to
affordable housing developers and
local organizations.

Provided annually and
evaluated once per year to
determine funding
availability.

Although no affordable housing projects were completed in 2024, several federal, state and local opportunities were reviewed and considered as well as conversations with for profit and non-profit housing developers for early planning discussions. A 5-Year PLHA Plan was drafted for application submittal in February of 2025 to secure current allocations in the amount of $804,163.

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583 79 2B: Homebuyer
Assistance Program
Annually monitor and seek funding,
collaborate with the County of San
Bernardino to promote the homebuyer
assistance program.

Program provided
annually and evaluated
once per year, CalHome
funding remains available.

The City is working on the reinstatement and policy update of homebuyer assistance programs through the utilization of PLHA funding allocations. This program will be incorporated with City affordable housing projects on underdeveloped land.
2C: Housing Choice
Vouchers
Annually monitor the allocation of
Section 8 vouchers and promote the
program.

Section 8 vouchers are
distributed through the
County of SB. The City
reviews status.

Continued promotion and referrals to the County of SB for voucher assistance.

This information is available on our City website and referrals are made through Housing Division staff and case management assistance for low-income residents. In 2024, there were 487 vouchers issued by the County as housing assistance for low-income residents.
2D: Supportive Services
for Persons with Special
Needs
Annually monitor and seek CDBG
funding to address local needs and
augment the regional continuum of care
system in San Bernardino County.

Evaluate use of CDBG
Public Service dollars
once per year.

Continued efforts for resources and collaboration with agencies to provide assistance with special needs through public service agencies funded by CDBG. In 2024, the City funded seven local agencies totaling $76,910 to provide public services including fair housing and mediation, food assistance, domestic violence services, case management/counseling, senior services and emergency shelter. In addition, City affordable housing funds provided $500,000 in emergency assistance for rental, utilities and hotel vouchers and comprehensive case management to aid in the prevention of homelessness. 2E: Persons with Physical
and Developmental
Disabilities
Accommodate Reasonable
Accommodation requests as required
by State Law and offer assistance to
applicants.

Respond to and address
Reasonable
Accommodation requests
within 120 days of receipt.

City ADA Coordinator and staff collaborate to meet requests within the time frame. No accommodation requests were received in 2024. 2F: Development of
Environmental Justice
Policies
Amend the General Plan to include
environmental justice policies. Completed by April 2025. In process of updating the City's General Plan to include an Environmental Justice Element with policies. Expected to be completed in mid-2025. 2G: Farmworker Housing Amend the zoning code to comply with State Law for farmworker housing. Completed May 2023. Zoning code has been amended to comply with State Law for farmworker housing.
2H: Transitional and
Supportive Housing
• Renew and revise the zoning code to
comply with State Law for transitional
and supportive housing.
• Review and revise the zoning code to
permit transitional and supportive
housing as a residential use not subject
to special requirements.
• Review and revise the zoning code to
permit permanent supportive housing
without discretionary actions in multi-
family and non-residential zones.
• Monitor the inventory of sites to
accommodate transitional and
supportive housing.

Completed by April 2025.

In process of updating the City's General Plan to include an update to the transitional and supportive housing standards outlined in the zoning code in compliance with SB2. Expected to be completed in the Fall of 2025. 2I: Lot Consolidation
Promote lot consolidation information
through educational outreach to
developers and property owners.

Completed by April 2025.

Continued outreach to support lot consolidations to encourage larger areas for residential development. Will provide lot consolidation information by phone, over the counter, and on the City's website on an on-going basis. 80 2J: Constraints on
Housing for Persons with
Disabilities
• Amend the zoning code to comply with
State law for reasonable
accommodation procedures.
• Promote reasonable accommodation
information.
• Review and revise the zoning code to
promote objectivity and approval
certainty for group homes.

Completed by April 2025.

In the process of updating the City's General Plan to include an update to the reasonable accommodation procedures outlined in the zoning code. Expected to be completed Fall of 2025. Will develop and provide reasonable accommodations information by phone, over the counter, and on the City's website.
2K: Community Outreach
Hold at least one (1) community
housing workshop or meeting annually
to discuss housing topics and solicit
input on community needs from
participants.

A minimum of one
meeting held annually.

Held community meetings on February 10 and 24, 2025 to engage residents and local organizations to provide input on fair housing concerns and community needs for the update to the City Consolidated Plan and Impediments of Fair Housing reports. A survey was also provided via social media, website and community outreach efforts to promote.
2L: Manufactured Homes
Amend the Zoning Code relative to
manufactured homes to comply with
the relevant requirements of California
Government Code section 65852.3.

Completed by April 2025.

In process of updating the City's General Plan and Zoning Code to include an update to the manufactured homes standards outlined in the zoning code in compliance with State law. Expected to be completed by Fall of 2025. 2M: Parking for
Emergency Shelters
Amend the Zoning Code relative to
emergency shelter parking
requirements to comply with the
relevant requirements of California
Government Code section 65583,
subdivision (a)(4).

Completed by April 2025.

In process of updating the City's General Plan and Zoning Code to include an update to the emergency shelter parking requirements outlined in the zoning code in compliance with State law. Expected to be completed by Fall of 2025. 3A: Adequate Sites
• Maintain an inventory of vacant and
underutilized sites and promote them to
interested developers.
• Annually complete the Annual
Progress Reports and monitor progress
to meet RHNA.

Make inventory available
by July 2023 and update
once per year.

The Affordable Housing Overlay (AHO) was adopted April 18, 2023, and amended in December 2024 as directed by HCD, modifying the City's General Plan, zoning code, and various specific plans to establish an affordable housing overlay to implement the requirements of the 2021-2029 Housing Element. 81 3B: Establish an
Affordable Housing
Overlay
• Develop and adopt an affordable
housing overlay to be applied to the
approximately 90.6 acres to meet a
shortfall of 2,233 dwelling units at the
very low- and low-income levels as sites
identified within this Housing Element.
• Develop applicable development
standards as part of the affordable
housing overlay which promote the
development of residential uses at the
maximum density and affordability
levels identified within this Housing
Element. This may include concessions
or streamlined processes for projects
which include fully affordable
developments consistent with the
assumptions in the Housing Element by
July 2023. The overlays will include
incentives for projects that proposed a
development project at a range of at
least 9% to 13% affordable units when
developed at a range of 26 to 30
dwelling units per acre, including
streamlined processing and fee
deferrals.
• Identify staff resources to provide
technical assistance and outreach
relating to development opportunities
on the candidate housing sites.
• Proactively outreach to developers at
least one time per year regarding
Completed May 2023
The Affordable Housing Overlay (AHO) was adopted April 18, 2023, modifying the City's General Plan, zoning code, and various specific plans to establish an affordable housing overlay to implement the requirements of the 2021-2029 Housing Element.
82 3C: Establish a Mixed-Use
Overlay
• Develop and adopt a mixed-use
overlay to be applied to approximately
138.5 acres to meet a shortfall of 2,547
dwelling units at the very low- and low-
income levels the sites as identified
within this Housing Element.
• Develop applicable development
standards as part of the mixed-use
overlay which promote the development
of residential uses at the maximum
density and affordability levels
identified within
this Housing Element. This may include
concessions or streamlined processes
for projects which include fully
affordable developments consistent
with the assumptions in the Housing
Element by July 2023. This may include
concessions. The overlays will include
incentives for projects that proposed a
development project at a range of at
least 9% to 13% affordable units when
developed at a range of 26 to 30
dwelling units per acre, including
streamlined processing and fee
deferrals for projects which include
fully affordable developments
consistent with the assumptions in the
Housing Element.
• Identify staff resources to provide
technical assistance and outreach
Completed May 2023
The Mixed-Use Overlay (MUO) was adopted April 18, 2023, and amended in December 2024 as directed by HCD, modifying the City's General Plan, zoning code, and various specific plans to establish a mixed use overlay to implement the requirements of the 2021-2029 Housing Element.
3D: Promote the
Development of
Accessory Dwelling Units
(ADUs)
• Developing three pre-approved ADU
designs.
• Waiving specific permitting fees to
make ADU development more feasible.
• Creating an expedited plan check
review process to ease the process for
homeowners.
• Research potential State and regional
funding sources for affordable ADUs
and make information available to the
community.
• Train staff on ADU permitting and
make staff available to address
questions regarding ADUs and provide
technical assistance and outreach to
the community.

Finish evaluation of
potential actions listed in
the program by April 2025.

Annually explore outside
funding sources
Developed three pre-approved ADU plans of various sizes that meet the current building code requirements. Continued efforts to educate staff and review City procedures to streamline processes. Promote the development of ADUs on the City website and continue to conduct research funding and incentive opportunities.
83 3E: ADU and JADU
Monitoring Program
• Create an ADU monitoring program
and bi-annually review ADU
development progress.
• Identify additional capacity to
accommodate a shortfall of units within
180 days as required by No Net Loss
law.

Evaluate ADU production
through the ADU
Monitoring program twice
per year.

Currently tracking ADU and JADU production through permit tracking software and will continue to monitor the number of units developed bi-annually. 3F: Candidate Sites Used
in Previous Housing
Elements
Apply and implement overlays to
candidate sites also identified in the
previous Housing Element to allow
residential use by right in which at least
20 percent of the units are affordable to
lower
income households.

Complete by April 2025. This requriement has been met as part of Ordiance 2024-003 adopted on December 3, 2024.
3G: Water and Sewer
Resources
Submit the adopted Housing Element to
local water and sewer providers and
establish procedures to grant priority
water and sewer service to eligible
projects in compliance with State law.

Complete by July 2023.

Housing Element was certified in December 2024. The City of Chino is the sewer provider and the majority water provider. The City has sent the Housing Element to Monte Vista Water.
3H: Replacement Housing
Adopt and implement a replacement
housing program for units lost in
compliance with State law.

Complete by April 2025.

In process of updating the City's General Plan to include an update to the replacement housing program outlined in the zoning code in compliance with State law. Expected to be completed by Fall of 2025.
3I: Measure M
• Hold a Measure M vote relating to the
candidate housing sites identified
within this Housing Element.
• By 2026, initiate a ballot measure, or
other alternative option, to provide City
Council greater discretion in approving
affordable housing and mixed
use/housing options in appropriate
locations, including identifying and
rezoning additional sites to meet the
housing needs identified within the
Housing Element or other unique
development opportunities.

Completed June 2022 Measure Y related to the candidate AHO and MUO sites identified in the 2021- 2029 Housing Element was completed in June 2022.
84 3J: Facilitate Development
on Excess State-Owned
Property
• Coordinate with the State of California
on the development of State-owned
properties and apply and implement the
Affordable Housing Overlay on this site.

Rezoning will establish the applicable
development standards and entitlement
processes. The site was included in the
Measure M vote which approved the
implementation of the overlays on this
site with the applicable density and
development characteristics. The City
has identified this site as 10 acres
anticipated to accommodate the
development of 250 units affordable at
the low or very-low income categories.
• Issue an RFQ and/or RFP for future
development of the CIM site within one
year of completion of the overlays
added and implemented on the
property. RFQ/RFP to anticipate
development of the site within three to
four years dependent on developer
interest. Incorporate affordability
requirements based on the State’s
Affordable Housing Executive Order,
with a target of at least 250 units
available at the lower income
categories.
• Identify potential funding sources
available to redevelop the property and
make staff available to discuss
Complete by April 2025 or
as determined by State
availability.

The City has recently started the negotiations to purchase/lease the California Department of Corrections and Rehabilitation Herman G. Stark Youth Correctional Facility (Stark) including the surplus property to the north identified in the Housing Element in master planning the area for future development that will include development of affordable housing units. The City has four years starting January 1, 2025 to complete the design and purchase and sales agreement with the State to acquire rights to develop the properties.
3K: Housing Program
Monitoring
Annually complete the HCD Progress
Report and conduct a mid-cycle review
of sites strategies
Begin implementation
upon adoption of the
City’s 2021-2029 Housing
Element Update,
evaluate Annual Progress
Review annually, make
any necessary
amendments and conduct
a mid-cycle review.

The City is current with all annual progress reporting and will conduct a mid- cycle review of strategies by the end of 2025.
3L: Residential Findings Review and revise approval findings needed for residential projects. Complete by April 2025 In process of updating the City's General Plan to include an update to the findings for residential projects outlined in the zoning code. Expected to be completed by Fall of 2025.
85 3M: Facilitation of
Development of Large Site
• Outreach to the property owners one
time per year throughout the planning
period to discuss future development
opportunities and plans, including
incentives and other mechanisms to
encourage parceling (e.g., 1-5 acres)
appropriate to facilitate housing for
lower income households.
• Proactively market the site with
developers who contact the City looking
for development opportunities.

Outreach to property
owner one time per year.

The City has not hosted an annual outreach effort however, staff consistently engages with property owners and potential developers on potential developments located on the AFO and MUO sites. Staff will continue to engage and meet with parties interested in developing housing sites in 2025. 4A: Permit Processing
Evaluate and improve the one-stop
processing system and offer priority
processing of affordable and special
needs housing applications.

Complete evaluation one
time per year.

Significant workflow improvements have been made to the City's one-stop permit center and additional training has been provided to staff, resulting in reduced application review and processing times and improved customer satisfaction. Further changes and enhancements are currently being tested for future implementation. The City will continue to evaluate its permitting workflows on an on-going basis with the goal of further improving the efficiency of its permitting process and offering priority processing to affordable and special needs housing project applications.
4B: Development Fees
Research CDBG and other funding
opportunities (at least two new per
year).

Complete research of two
new funding opportunities
per year.

Staff researched and analyzed multiple grant opportunities in 2024. Several viable opportunistic funding was contingent upon Housing Element certification, which we did not receive until December of 2024. Now that the City is certified, additional opportunities will be considered in 2025. 4C: Zoning Code
Amend the Zoning Code definition of
“family” to be consistent with State law
and address Single Room Occupancy
housing. Annually review the Zoning
Ordinance for additional amendments.

Complete by April 2025.

In process of updating the City's General Plan to include an update to the definition of "family" outlined in the zoning code to be consistent with State law. Expected to be completed by Fall of 2025.
4D: Density Bonus
Ordinance
Modify the Density Bonus Ordinance to
comply with latest changes in State
Law.

Complete by April 2025.

In process of updating the City's General Plan to include an update to the density bonus provisions outlined in the zoning code. Expected to be completed by Fall of 2025.
4E: SB 35 Streamlining
Adopt written procedures to comply
with SB 35.

Complete by April 2025. Established written procedures for SB35 to comply with State law by 2025. 86 5A: Fair Housing Program
(Environmental Quality)
• Identify two local community
groups/organizations and outreach to
them directly to discuss local actions
towards reducing reliance on personal
vehicles. Annually conduct targeted
outreach City-wide to collect feedback
on environmental issues, potential
solutions, and access to alternative
transportation modes.
• On a project-by-project basis, or in
collaboration with developers, promote
mixed-use development opportunities
on candidate housing sites where
possible or the development of
residential units near resources and
essential commercial needs.

Complete by April 2026
Continued assessment efforts and collaboration to meet outreach goals. The City is in the process of updating the City's General Plan to address environmental justice. Staff participated in two events in 2023 to facilitate outreach for members of disadvantaged communities. The information gathered from the two meetings in 2023 will be incorporated into the environmental justice portion of the General Plan Update, which is expected to be completed by Fall of 2025.
5A: Fair Housing Program
(Access to Jobs and
Economic Opportunity)
• Through Program Action 2K, annually
conduct one community meeting and
identify potential issues and solutions
to increasing labor participation for
residents who identify as Black. Invite
at least one local community group with
experience engaging minority
populations in workforce involvement.

A minimum of one
meeting held annually.

Held community meetings on February 10 and 24, 2025 to engage residents and local organizations to provide input on fair housing, economic concerns and community needs. A survey was also provided via social media, website and community outreach efforts to promote as part of our update to the Consolidated Plan and Impediments to Fair Housing reports. 5A: Fair Housing Program
(Access to Quality
Education)
• Through Program Action 2K, annually
conduct one community meeting and
identify potential issues and solutions
to improving access to higher quality
education for residents who identify as
Hispanic or Latino. Invite at least one
local community group with experience
engaging minority populations in
access to educational opportunities.

A minimum of one
meeting held annually.

Held community meetings on February 10 and 24, 2025 to engage residents and local organizations to provide input on fair housing and economic concerns and community needs. A survey was also provided via social media, website and community outreach efforts to promote.
5A: Fair Housing Program
(Access to Financing)
• Continue conducting targeted
investments and programs, and
consider establishing and promoting
sweat equity, down payment assistance
for eligible households, and new rental
construction.

Complete by April 2026
The establishment of new programs including down payment assistance will be funded through State PLHA funds allocated to the City. This assistance will provide low interest loans to potential low to moderate income first-time buyers. 5A: Fair Housing Program
(Advertising)
• Create and maintain one information
flyer for landlords with links to
resources available for renters.

Complete by October 2024
Current information is available on our website and through links and referrals to Inland Fair Housing to continue to assist and educate landlords on fair housing issues.
87 5A: Fair Housing Program
(Racial and Ethnic
Segregation)
• Conduct affirmative marketing for
each new project that is developed with
affordable units.
• Conduct a biennial survey of
affordable units to identify how
households find affordable units – aim
for 25 percent of households, at
minimum, to find affordable units
through affirmative marketing within the
City limits.

Complete first survey by
December 2025 and every
other year afterwards
Held community meetings on February 10 and 24, 2025 to engage residents and local organizations to provide input on fair housing, economic concerns and community needs. A survey was also provided via social media, website and community outreach efforts to promote as part of our update to the Consolidated Plan and Impediments to Fair Housing reports and gain input on how families find affordable housing, and if issues pertaining to fair housing exist in our community.
5A: Fair Housing Program
(Availability of Affordable
Housing)
• Partner with affordable housing
developers and nonprofits to assist in
the development of affordable housing
units. This may include annual
• Hold one annual meeting and invite all
property owners with deed restricted
affordable units to discuss available
incentives and programs, as well as
receive feedback from the development
community on potential constraints to
the development of affordable units.

The City will aim to assist with the
development of 10 lower income units
through outreach and partnerships
through the end of the Planning Period.

A minimum of one
meeting held annually.

Research and assessment of potential partners to develop agenda items and outreach plan. City Housing and Planning divisions are currently in communication with our partnering fair housing agency, Inland Fair Housing to coordinate a meeting with current and potential affordable housing stakeholders to discuss incentives and challenges to breakdown the barriers of developing affordable units.
5A: Fair Housing Program
(Fair Housing
Enforcement and
Outreach)
• Partner with the Inland Fair Housing
and Mediation Board to provide one
workshop per year and outreach
materials. The City is considered a
moderate to high opportunity and
resource area; however, additional
enforcement and outreach on fair
housing may improve opportunities for
households within the City, as well as
for households in the region, and most
importantly provide assistance to
residents that may require additional
resources and support.

A minimum of one
meeting held annually.

Continued assessment efforts and collaboration with partnering agency Inland Fair Housing to plan an outreach meeting and/or workshop by midyear of 2025.

We currently provide direct links to the Inland Fair Housing website which includes updated fair housing materials for tenants as well as landlords. The City funds Inland Fair Housing to assist residents with fair housing concerns as well as tenant/landlord mediation services. These are continuing services we are committed to through our CDBG Annual Action and Consolidated Plan.

Public meetings as well as a community survey were held on February 10 and 24 to engage the community and gain input on fair housing and community needs.
5A: Fair Housing Program
(Access to Opportunities
for Persons with
Disabilities)
• Create and maintain updated
informational materials on programs
and resources available for persons
with disabilities – particularly in census
tract 4.04 which has the highest rate of
persons with disabilities.

Complete by April 2024
and update annually.

The City has established vendors to provide housing applications and other resources in alternative formats such as large print, Braille, audio and plain language to accommodate people with varying disabilities. Adjustments have been made to applications and printed materials regarding accommodations for people with disabilities and the language will continue to be added to new resources. All materials are available in alternative formats upon request. 88 5A: Fair Housing Program
(Location and Type of
Affordability)
• In 2025, evaluate the effectiveness of
these strategies in promoting housing
opportunities throughout and into the
City and make adjustments within one
year to achieve the overall goals.

At least annually explore
and pursue strategies, as
appropriate.

Continued assessment efforts and collaboration with developers to work towards establishment of new programs to promote citywide affordable housing strategies that can be evaluated for effectiveness by the end of 2025. 5A: Fair Housing Program
(Public Investment in
Specific Neighborhoods)
• Annual review and CIP programming
to target investment. Prioritize inclusion
of target areas for CIP programs each
year.
• Identify at least one CIP priority
project on an Annual basis.
• Implement sidewalk rehabilitation
program.

Annually review and seek
funding opportunities and
partnerships.

Continued assessment efforts and collaboration to work towards establishment of new programs and enhanced utilization of CDBG funding to offset CIP project costs. Between 2022 and 2025, over $1 million CDBG funding was utilized to complete alley and sidewalk improvements in low to moderate income areas. Each year priority projects are identified for the usage of 65% of our total CDBG allocation. These projects include code enforcement, economic development projects, and home improvement.
5A: Fair Housing Program
(Environmental and Health
Impacts)
• Include capital projects from each of
the target areas in annual CIP program.

Update annually.
• Identify at least one CIP priority
project on an annual basis.

Identify at least one CIP
priority project on an
annual basis.

Continued assessment efforts and department collaboration to establish priority projects. In 2024 and 2025 sidewalk improvements were identified as priority. The housing division allocated CDBG funds to these improvements in addition to other funding resources.
5B: Affirmative Marketing
Plan
Require an affirmative marketing plan
as a condition for approval of all new
subdivisions and require apartment
managers to provide evidence of
training in fair housing and
landlord/tenant laws as conditions for
the issuance of a business permit for
rental properties.

Update applicable
applications to show
affirmative marketing plan
requirement by April 2024.

Through our partnership with Inland Fair Housing, educational materials and training is currently available through our website to educate landlords. Any applicable changes will be implemented by the end of 2025 following the results of our Impediments to Fair Housing report that is in process. 5C: Low Barrier
Navigation Centers
Amend the Zoning Code to comply with
State Law for Low Barrier Navigation
Centers.

Complete by April 2025.

In process of updating the City's General Plan to include and update to the low barrier navigation center provisions outlined in the zoning code in compliance with State law. Expected to be completed by Fall of 2025. 89 Jurisdiction Chino ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2024 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 10/15/2021 - 10/15/2029
The description should adequately document how each
unit complies with subsection (c) of Government Code
Section 65583.1+.

For detailed reporting requirements, see the chcklist
here:

Extremely Low-
Income+ Very Low-Income+ Low-Income+ TOTAL UNITS+
Extremely Low-
Income+
Very Low-
Income+ Low-Income+ TOTAL UNITS+
https://www.hcd.ca.gov/community-
development/docs/adequate-sites-checklist.pdf
Rehabilitation Activity 2 10 2 14
Preservation of Units At-Risk
Acquisition of Units
Mobilehome Park Preservation
Total Units by Income 2 10 2 14
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.

Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD at [email protected] and we will unlock the form which enable you to populate these fields.

Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report
90 Jurisdiction Chino
Reporting Year 2024
Housing Element Planning Period 6th Cycle
Current Year
Deed Restricted 0
Non-Deed
Restricted 0
Deed Restricted 8
Non-Deed
Restricted 0
Deed Restricted 4
Non-Deed
Restricted 0
566
578
Units by Structure Type Entitled Permitted Completed
Single-family Attached 0 150 56
Single-family Detached 0 239 150
2 to 4 units per structure 0 75 92
5+ units per structure 0 62 50
Accessory Dwelling Unit 0 52 35
Mobile/Manufactured Home 0 0 0
Total 0 578 383
Infill Housing Developments and Infill Units Permitted # of Projects Units 52 52
465 526
21 2,142
579
0 0
0 Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Total Units
Housing Applications Summary
Use of SB 423 Streamlining Provisions - Applications
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of SB 423 Streamlining Applications
Above Moderate
Indicated as Infill
Not Indicated as Infill
Building Permits Issued by Affordability Summary
Income Level
(Jan. 1 - Dec. 31)
10/15/2021 - 10/15/2029
Number of SB 423 Streamlining Applications Approved
Very Low
Low
Moderate
91 Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Streamlining Provisions Used - Permitted Units # of Projects Units SB 9 (2021) - Duplex in SF Zone 0 0
SB 9 (2021) - Residential Lot Split 0 0
AB 2011 (2022) 0 0
SB 6 (2022) 0 0
SB 423 (2023) 0 0
Ministerial and Discretionary Applications # of Applications Units Ministerial 0 0
Discretionary 21 2142
Density Bonus Applications and Units Permitted
Number of Applications Submitted Requesting a Density Bonus 0 Number of Units in Applications Submitted Requesting a Density Bonus 0 Number of Projects Permitted with a Density Bonus 0
Number of Units in Projects Permitted with a Density Bonus 0 Housing Element Programs Implemented and Sites Rezoned Count 49 0
Programs Implemented
Sites Rezoned to Accommodate the RHNA
Units Constructed - SB 423 Streamlining Permits
92 MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 1, 2025

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

SUBJECT
..titl e
Chino Preserve Development Corporation – Final Map, Subdivision Improvement Agreement , and Construction Reimbursement Agreement for Tract Map No. 16420-6 (Block 11). ..end

RECOMMENDATION
1) Approve Final Tract Map No . 16420-6; 2) approve Subdivision Improvement Agreement and securities with Chino Preserve Development Corporation for Tract Map No . 16420 -6; 3) Approve a Development Impact Fee Construction Credit / Reimbursement Agreement with Chino Preserve Development Corporation fo r the construction of master-planned facilities for Tract Map No. 16420 -6; and 4) authorize the City Manager to execute any necessary documents on behalf of the City.
..body

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

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
 Public Service Excellence Through Internal & External Partnerships

93 CITY COUNCIL MEETING DATE: APRIL 1, 2025
TITLE: CHINO PRESERVE DEVELOPMENT CORPORATION - FINAL MAP, SUBDIVISION

IMPROVEMENT AGREEMENT, AND CONSTRUCTION REIMBURSEMENT AGREEMENT FOR TRACT MAP NO. 16420-6 (BLOCK 11).

PAGE: 2

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

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

Subsequently, on September 19, 2022, the City’s Planning Commission approved a 32.63 -acre Master Site Approval PL21-0056 and Tentative Tract Map No. 20445 for the future development of 305 single-family homes within four neighborhoods, a pocket park, and private recreation center located in the MDR (Medium Density Residential) and CC16 (Community Core 16) land use designations known as “Block 11”. This project is generally located south of Legacy Park Street, east of Main Street, and north of East Preserve Loop.

The developer, Chino Preserve Development Corporation, a Lewis Management Corporation company (“Lewis”), is requesting City approval of Final Map No. 16420 -6 to subdivide the previously approved Tentative Tract Map No. 16420, as shown in Exhibit A. Lewis i s actively developing the site and has entered into purchase agreements with four guest builders, with escrow closures anticipated in the summer of 2025.

Tract Map 16420 -6 includes the dedication and required surety for portions of offsite improvements within the Amended Tentative Tract Map 16420 area. Additionally, Lots 4 and 7 of Tract 16420-6 will be further subdivided into fee-simple lots in the future.

The Engineering Conditions of Approval (COA) for Block 11 require public improvements including, but not limited to curb, gutter, sidewalk, streetlights, asphalt concrete pavement, median/parkway landscape, sewer, water, recycled water and drainage improvements. To guarantee the completion of these public improvements, Lewis is required to enter into a Subdivision Improvement Agreement (SIA) and obtain the necessary securities for the improvements. However, following the close of escrow, the guest builders will coordinate with the City to execute new Subdivision Improvement Agreements (SIAs) and assume any outstanding bond obligations.

Additionally, some of the required public improvements are master -planned facilities and are included in the City’s Preserve Development Impact Fee (“DIF ”) program. The DIF Ordinance provides that if, as a COA of a development project, a developer constructs a public facility identified in the DIF Nexus and Calculation Report, developer shall be eligible to receive reimbursement and a fee credit toward the DIFs imposed on the development project. Thus, necessitating a construction credit and reimbursement agreement.

ISSUES/ANALYSIS
94 CITY COUNCIL MEETING DATE: APRIL 1, 2025
TITLE: CHINO PRESERVE DEVELOPMENT CORPORATION - FINAL MAP, SUBDIVISION

IMPROVEMENT AGREEMENT, AND CONSTRUCTION REIMBURSEMENT AGREEMENT FOR TRACT MAP NO. 16420-6 (BLOCK 11).

PAGE: 3

The requirements made at the time of tentative map approval have been met by the execution of the Subdivision Improvement Ag reement for Tract Map No. 16420-6 and by posting the necessary securities to guarantee the construction of public improvements conditioned for Block 11. The City Attorney reviewed and approved Subdivision Improvement Agreement and respective securities, which are attached as Exhibit B.

Additionally, upon the final acceptance of the public improvements the developer will submit its backup documentation to the City, the City Engineer will review the final accepted/approved "as- built" plans, specifications, a nd supporting documentation and will determine what costs are eligible for DIF credit/reimbursement per the terms of the DIF Construction Credit/Reimbursement Agreement, attached as Exhibit C. Additionally, once the final cost accounting is approved, staff will bring back to the City Council an action to appropriate funds to make progress payments and apply DIF credits issued to the Developer for Tentative Tract Map No.16420-6 until the terms of the agreement are fulfilled.

Attachments: Exhibit A - Location Map Tract Map No. 16420-6 Exhibit B - Subdivision Improvement Agreement
Exhibit C - Construction Credit & Reimbursement Agreement

95 96

01225.0006/366470.2 Updated 10-2020

SUBDIVISION IMPROVEMENT AGREEMENT

by and between

CITY OF CHINO

and

CHINO PRESERVE DEVELOPMENT CORPORATION
97 01225.0006/366470.2

SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN

THE CITY OF CHINO
AND

CHINO PRESERVE DEVELOPMENT CORPORATION

Agreement Date: April 1, 2025

Subdivider Name: Chino Preserve Development Corporation

Subdivision Description: Master Site Approval PL21-0056 and Tentative Tract Map No. 20445 for the future development of 305 single-family homes within four neighborhoods, a pocket park, and private recreation center located in the MDR (Medium Density Residential ) and CC16 (Community Core 16) land use designations known as Block 11. Block 11 is generally located south of Legacy Park Street, east of Main Street, and north of East Preserve Loop. Tract Map No. 16420 (as amended) will dedicate and require surety for portions of offsite improvements within the Tentative Tract Map No. 20445 area. Furthermore, Tentative Tract Map No. 20445 is intended to be recorded in phases. Each phase may be recorded independent of the other. As a result, Chino Preserve Development Corporation requested approval of Tract Map No.16420 -6 as shown on Exhibit A-1, approve by the City Council on April 1, 2025.

Tentative Map No.: 16420-6
E
stimated Total Cost of Improvements: $15,619,800.00

Estimated Total Cost of Monumentation : $35,045.00 (based upon the plans, including individual lots, subdivision boundary and public improvements).

Security:

Block 11 Backbone Streets $3,103,700.00
Block 11 Backbone Wet Utilities $3,219,400.00
Lots 2 & 3 In-Tract Streets $ 524,100.00L
ots 2 & 3 In-Tract Wet Utilities $ 644,300.00
Lots 4 & 7 In-Tract Streets $1,824,000.00
Lots 4 & 7 In-Tract Wet Utilities $2,364,000.00
Lots 5, 6 & 8 In-Tract Streets $ 727,100.00
Lots 5, 6 & 8 In-Tract Wet Utilities $1,023,900.00
Lot 9 In-Tract Streets $1,007,100.00
Lot 9 In-Tract Wet Utilities $1,182,200.00
98 01225.0006/366470.2
Designees for the Service of Written Notice:

CITY: SUBDIVIDER:

Jesus Plasencia
Assistant City Engineer

13220 Central Avenue
Chino, CA 91710

(909) 334-3417
[email protected]

Chino Preserve Development Corporation

c/o Darius Fatakia
Lewis Management Corporation
1156 N. Mountain Avenue
Upland, CA 91786

(909) 579-1229
[email protected]

CITY PROJECT INSPECTOR

Isaac Ortega
Permit & Inspection Supervisor

13220 Central Avenue
Chino, CA 91710

(909) 334-3501
[email protected]

99 01225.0006/366470.2

TABLE OF CONTENTS

1. Construction Obligations

1.1 Works of Improvement

1.2 Other Obligations Referenced in Conditions of Tentative Map Approval

1.3 Intent of Plans

1.4 Survey Monuments

1.5 Performance of Work

1.6 Changes in the Work

1.7 Defective Work

1.8 No Warranty by City

1.9 Authority of the City Engineer

1.10 Documents Available at the Site

1.11 Inspection

1.12 Compliance with Law; Applicable Standards for Improvements

1.13 Suspension of Work

1.14 Erosion and Dust Control and Environmental Mitigation

1.15 Final Acceptance of Works of Improvement

1.16 Vesting of Ownership

1.17 Subdivider’s Obligation to Warn Public During Construction

1.18 Injury to Public Improvements, Public Property or Public Utility

2. Time for Performance

2.1 Commencement and Completion Dates

2.2 Phasing Requirements

2.3 Force Majeure

2.4 Continuous Work

2.5 Reversion to Acreage

3. Labor

3.1 Labor Standards

3.2 Nondiscrimination

3.3 Licensed Contractors

3.4 Workers’ Compensation

4. Security

4.1 Required Security

4.2 Form of Security Instruments

4.3 Subdivider’s Liability

4.4 Letters of Credit

4.5 Release of Security Instruments

5. Cost of Construction and Provision of Inspection Service 100

01225.0006/366470.2

5.1 Subdivider Responsible for All Related Costs of Construction

5.2 Payment to City for Cost of Related Inspection and Engineering Services

5.3 Payment of Development Impact Fees

6. Acceptance of Offers of Dedication

7. Warranty of Work

8. Default

8.1 Default by Subdivider

8.2 Remedies

8.3 Remedies Not Exclusive

8.4 Attorney’s Fees and Costs

8.5 Waiver

9. Indemnity/Hold Harmless

10. Subdivider’s Indemnity of Project Approval

11. Insurance Requirements

12. Environmental Warranty

13. General Provisions

13.1 Successors and Assigns

13.2 No Third-Party Beneficiaries

13.3 No Vesting Rights

13.4 Subdivider is Not Agent of City

13.5 Time of the Essence

13.6 Notices

13.7 No Apportionment

13.8 Severability

13.9 Captions

13.10 Incorporation of Recitals

13.11 Interpretation

13.12 Entire Agreement; Waivers and Amendments

13.13 Counterparts

14. Authority
101

01225.0006/366470.2
1 SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this “Agreement”) is entered into this 1st day of April 2025, by and between the CITY OF CHINO, a municipal corporation, organized and existing in the County of San Bernardino, under and by virtue of the laws of the State of California, (“CITY”), and Chino Preserve Devel opment Corporation, a California corporation (“SUBDIVIDER”).

RECITALS
A. Subdivider is the owner of and has obtained approval of a subdivision map identified as Tentative Tract Map No. 16420-6, (the “Map”), located in the City of Chino, County of San Bernardino, State of California (the “Property”), as described on Exhibit “A”. The Map requires Subdivider to comply with certain conditions of approval for the development of the Property (the “Conditions”) as described on Exhibit “B”.

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

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

D. Subdivider’s agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving Final Map No. 16420-6 for the Property and permitting development of the Property to proceed.

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

1. Construction Obligations.

1.1. Works of Improvement . Subdivider agrees, at its sole cost and expense, to construct or install, or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer, street lighting, landscaping, utility, and other improvements more fully described in Exhibit “B” attached hereto (the “Works of Improvement”), as the same may be supplemented and revised from time to time as set forth in this Agreement (said plans and specifications, together with all related documents, the “Plans”). The estimated construction cost for the Works of Improvement is $15,619,800.00.
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2 1.2. Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Subdivider shall satisfy all of the Conditions on the Map for the Property. The Conditions associated with the Map are included in Exhibit “B” attached hereto.

1.3. Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer, (or designee), and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for Subdivider’s contractor to complete its tasks, inc idental appurtenances, materials, and the like.

If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final.

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

1.4. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments as shown on Final Map No. 16420-6 in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Chino. Subdivider shall provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the monuments, Subdivider shall furnish the City Engineer written notice of the setting of said monuments and written proof of having paid the engin eer or surveyor for the setting of said monuments.

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

1.6. Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or its contractor in writing (by Correction Notice) at the time a dete rmination has been made to require changes in the work.

No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. The City and Subdivider may mutually agree upon changes to the Works of Improvement, subject to the security requirements in Section 4. 103

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3 1.7. Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective.

1.8. No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents.

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

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

1.11. Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider’s contractor(s) regarding the Works of Improvement. Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the Subdivider’s contractor, at any time before acceptance of the Works of Improvement, shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected.

After examination, the Subdivider’s contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City Engineer (or designee) shall not be considered as direct control of the individual workmen on the job s ite. City’s inspectors shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement.

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

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

Subdivider shall construct the improvements in accordance with the City standards in effect at the time of the adoption of the Approved Tentative Map. City reserves the right to protect 104

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4 the public safety or welfare or comply with applicable Federal or State law or City zoning ordinances.

1.13. Suspension of Work. The City Engineer shall have authority to order suspension of the work for failure of the Subdivider’s contractor to comply with law pursuant to Section 1.12.

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

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

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

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

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

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

1.16. Vesting of Ownership. Upon recordation of the Notice of Acceptance, ownership of the Works of Improvement shall vest in the City.
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5 1.17. Subdivider’s Obligation to Warn Public During Construction. Until recordation of the Notice of Acceptance, Subdivider shall give good and adequate warning to the public of any dangerous condition of the Works of Improvements, and shall take reasonable actions to protect the public from such dangerous condition. Unt il recordation of the Notice of Acceptance, Subdivider shall provide forty-eight (48) hours’ advance written notice to all neighboring property owners and tenants affected by Subdivider’s operations or construction of the hours, dates and duration of any planned construction activities.

1.18. Injury to Public Improvements, Public Property or Public Utility. Until recordation of the Notice of Acceptance of the Works of Improvement, Subdivider assumes responsibility for the care and maintenance of, and any damage to, the Works of Improvements. Subdivider shall replace or repair all Works of Improvements, public property, public utility facilities, and surveying or subdivision monuments and benchmarks which are destroyed or damaged for any reason, regardless whether resulting from the acts of the Subdivider, prior to the recordation of the Notice of Acceptance. Subdivider shall bear the entire cost of such replacement or repairs regardless of what entity owns the underlying property. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.

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

2. Time for Performance.

2.1. Commencement and Completion Dates . Subject to Section s 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of Improvement thirty (30) days following City’s approval of the Plans (“Commencement Date”); and (ii) complete or cause to be completed all of the Works of Improvement within two (2) years after the Commencement Date. In the event good cause exists as determined by the City Engineer, the time for commencement of construction or completion of the Works of Improvement hereunder may be extended by up to three (3) additional one-year periods. Extensions shall be executed in writing by the City Engineer. The City Engineer in his or her sole discretion determines whether or not the Subdivider has established good cause for an extension. As a condition of such extension, the City Engineer may re quire Subdivider to furnish new security guaranteeing performance of this Agreement, as extended, in an increased amount to compensate for any increase in construction costs as determined by the City Engineer. If Subdivider requests and is granted an extension of time for completion of the improvements, City may apply the standards in effect at the time of the extension.

2.2. Phasing Requirements . Notwithstanding the provisions of Section 2.1, the City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies the City may have for Subdivider’s failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Subdi vider acknowledges City’s right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence 106

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6 that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to the City Engineer’s satisfaction.

2.3. Force Majeure. Notwithstanding the provisions of Section 2.1, Subdivider ’s time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, pandemics, acts or failures to act of a public agency (including City), required changes to the scope of work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City ’s receipt of a written notice from Subdivider or its contractor detailing the grounds for Subdivider ’s claim to a right to extend its time for performance hereunder. The City Engineer shall evaluate all claims to Force Majeure and make a reasonable determination regarding the length of any extension of time for commencement and/or completion of the Works of Improvement and the City Engineer’s decision shall be final.

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

2.5. Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider’s failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Section 66499.11 through Section 66499.20.1.

3. Labor.

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

3.2. Nondiscrimination. In accordance with the California Fair Employment and Housing Act ( “FEHA”), California Government Code Section 12940 et seq. , Subdivider agrees that Subdivider, its agents, employees, contractors, and subcontractor performing any of the Works of Improvement shall not discriminate, in any way, against any person on the basis of race, ethnicity, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender 107

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7 expression, age, sexual orientation, or military and veteran status . Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of this Agreement.

3.3. Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors ’ licenses for the type of work being performed. All of Subdivider’s contractors and subcontractors shall obtain a valid City of Chino business license prior to performing any work pursuant to this Agreement.

Subdivider shall provide the City Engineer with a list of all of its contractors and subcontractors prior to initiating any work, and all va lid Contractor ’s licenses and business licenses issued thereto as a condition of constructing the Works of Improvements.

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

4. Security.

4.1. Required Security.
(a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and sati sfying the requirements of the applicable provisions of this Section 4 below (hereinafter “Security Instruments”):
(i) A Security Instrument securing Subdivider ’s faithful performance of all of the Works of Improvement ( “Faithful Performance Security Instrument”), in the amount of $ 15,619,800.00 equal to 100% of the estimated construction cost referenced in Section 1.1.
(ii) A Security Instrument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/or equipment (“Labor and Materials Security Instrument ”) with respect to the Works of Improvement in an amount equal to $ 7,809,900.00 equal to 50% of the estimated construction cost referenced in Section 1.1.
(iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of $35,045.00 equal to 100% of the cost thereof.

This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. 108

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8 Required Security Instrument for Maintenance and Warranty . Prior to the City Council’s acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall deliver a Security Instrument warranting the work accepted for a period of one (1) year following said acceptance (“Maintenance and Warranty Security Instrument”), in the amount of $1,561,980.00 equal to 10% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer.

4.2. Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney:
(a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best ’s Key Rating Guide published by A.M. Best ’s Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody’s or Standard & Poor’s.
(b) Letters of Credit . For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4. (c) Instrument of Credit . For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider’s interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Chino, State of California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Subdivider ’s completing the Works of Improvement, in accordance with Section 2.1 (other than 109

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9 Instruments of Credit, which shall have no defined term or expiration date).
(iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument.
(iv) If the Subdivider seeks to replace any security with another security, the replacement shall: (1) comply with all the requirements for security in this Agreement; (2) be provided by the Subdivider to the City Engineer; and (3) upon its written acceptance b y the City Engineer, be deemed a part of this Agreement. Upon the City Engineer’s acceptance of a replacement security, the former security shall be released by the City.

4.3. Subdivider’s Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City’s realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failur e by any surety or financial institution to perf orm its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4.

4.4. Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City’s sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit.
(b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdi vider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein, and agrees to execute and deliver to City any other documents requested 110

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10 by City in order to evidence the creation and perfection of City ’s security interest in such account.

4.5. Release of Security Instruments . The City shall release all Security Instruments consistent with Government Code Sections 66499.7 and 66499.8 , Section 19.09.010 of the Chino Municipal Code, and as follows:
(a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred:
(i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted;
(iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and
(iv) after passage of the time within which lien claims are required to be made pursuant to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law. (b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider’s written request upon the expiration of the warranty period, and settlement of any claims filed during the warranty period. (c) The City may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney’s fees.

5. Cost of Construction and Provision of Inspection Service.

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

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

Subdivider shall compensate City for all of City ’s costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all 111

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11 City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections.

5.3. Payment of Development Impact Fees . Subdivider shall pay Development Impact Fees pursuant to and in accordance with Chino Municipal Code Chapter 3.40 or 3.45, as applicable.

6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication.

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

8. Default.

8.1. Default by Subdivider. Default by Subdivider shall include, but not be limited to:
(a) Subdivider’s failure to timely commence construction of Works of Improvement under this Agreement;
(b) Subdivider’s failure to timely complete construction of the Works of Improvement;
(c) Subdivider’s failure to perform substantial construction work for a period for 20 consecutive calendar days after commencement of the work; (d) Subdivider’s insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Subdivider fails to discharge within 30 days;
(e) The commencement of a foreclosure action against the subdivision or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (f) Subdivider’s failure to perform any other obligation under this Agreement. 112

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12 8.2. Remedies. The City reserves all remedies available to it at law or in equity for a default or breach of Subdivider’s obligations under this Agreement. The City shall have the right, subject to this Section, to draw upon or use the appropriate security to mitigate the City ’s damages in the event of default by Subdivider. The City’s right to draw upon or use the security is in addition to any other remedy available to City. The parties acknowledge that the estimated costs and security amounts may not reflect the actual cost of construction of the improvements and, therefore, City ’s damages for Subdivider ’s default shall be measured by the cost of completing the required improvements. The City may use the sums provided by the securities for the completion of the Works of Improvement in accordance with the plans. In the event the Subdivider fails to cure any default under this Agreement within 20 days after the City mails a notice of such default to the Subdivider and the Subdivider ’s surety, Subdivider authorize s the City to perform the obligation for which Subdivider is in default and agrees to pay the entire cost of such performance by the City. The City may take over the work and complete the Works of Improvement, by contract or by any other method City deems appropriate, at the expense of the Subdivider. In such event, City, without liability for doing so, may complete the Works of Improvement using any of Subdivider’s materials, appliances, plans and other property that are at the work site and that are necessary to complete the Works of Improvement.

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

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

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

9. Indemnity/Hold Harmless. City or any officer, employee or agent thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents, employees, contractors and subcontractors in the performance of this Agreeme nt.

Subdivider further agrees to protect, defend, indemnify and hold harmless City, its officials, 113

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13 boards and commissions, and members thereof, agents, and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions of Subdivider, its agents, employees, contractors and sub contractors in the performance of this Agreement, except for such claims, demands, causes of action, liability or loss arising out of the sole active negligence of the City, its officials, boards, commissions, the members thereof, agents and employees, including all claims, demands, causes of action, liability or loss because of or arising out of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said Subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design and construction of public drainage systems, streets and other improvements. Recordation of the Notice of Acceptance by the City of the Works of Improvements shall not constitute an assumption by the City of any responsibility for any damage or taking covered by this Section. City shall not be responsible for the design or construction of the property to be dedicated or the improvements pursuant to the approved improvement p lans or map, regardless of any negligent action or inaction taken by the City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Subdivider submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design.

After recordation of the Notice of Acceptance, the Subdivider shall remain obligated to eliminate any latent defect in design or dangerous condition caused by the design or construction defect for a period of one (1) year ; however, Subdivider shall not be responsible for routine maintenance. It is the intent of this section that Subdivider shall be responsible for all liability for design and construction of the improvements installed or work done pursuant to this Agreement and that City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving or reviewing any work or construction. The improvement security shall not be required to cover the provisions of this Paragraph.

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

10. Subdivider’s Indemnity of Project Approval. Subdivider shall defend, indemnify, and hold harmless the City and its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the C ity, advisory agency, appeal board, or legislative body concerning the Subdivision. The City shall promptly notify the Subdivider of any claim, action, or proceeding and cooperate fully in the defense of any such claim, action, or proceeding. In the event City fails to promptly notify the Subdivider of any claim, action, or proceeding, or if the City fails to cooperate in the defense, the Subdivider shall not thereafter be responsible to defend, indemnify, or hold harmless the City. Nothing in this Section prohibits the City from participating in the defense of any claim, action, or proceeding if City bears its own attorney’s fees and costs and defends the action in good faith. Subdivider shall not be required to pay or perform any settlement unless the settlement is approved by the Subdivider.
114

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14 11. Insurance Requirements. Subdivider, at Subdivider’s sole cost and expense and for the full term of this Agreement and any extensions thereto, shall obtain and maintain all of the following minimum insurance requirements in a form approved by the City’s authorized designee for Risk Management prior to commencing any work:
(a) Commercial General Liability policy with a minimum $1 million combined single limit for bodily injury and property damage providing all of the following minimum coverage without deductibles:
(i) Premises operations; including X, C, and U coverage; (ii) Owners’ and contractors’ protection;
(iii) Blanket contractual;
(iv) Completed operations; and
(v) Products.
(b) Commercial Business Auto policy with a minimum $1 million combined single limit for bodily injury and property damage, providing all of the following minimum coverage without deductibles:
(i) Coverage shall apply to any and all leased, owned, hired, or non - owned vehicles used in pursuit of any of the activities associated with this Agreement; and
(ii) Any and all mobile equipment including cranes which are not covered under the above Commercial Business Auto policy shall have said coverage provided under the Commercial General Liability policy. (c) Workers Compensation and Employers ’ Liability policy in accordance with the laws of the State of California and providing coverage for any and all employees of the Subdivider:
(i) This policy shall provide coverage for Workers ’ Compensation (Coverage A); and
(i) This policy shall provide coverage for $1,000,000 Employers’ Liability (Coverage B).
(ii) Pursuant to Labor Code section 1861, Subdivider by executing this Agreement certifies: “I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers ’ Compensation or to undertake self -insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.”
115

01225.0006/366470.2
15 (iii) Prior to commencement of work, the Subdivider shall file with the City’s Risk Manager a Certificate of Insurance or certification of permission to self-insure workers’ compensation conforming to the requirements of the Labor Code.
(d) Endorsements. All of the following endorsements are required to be made a part of each of the above-required policies as stipulated below:
(i) “The City of Chino, its officers, employees and agents are hereby added as additional insureds.”
(ii) “This policy shall be considered primary insurance with respect to any other valid and collectible insurance the City may possess, including any self- insured retention the City may have and any other insurance the City does possess shall be considered excess insurance only.” (iii) “This insurance shall act for each insured and additional insured as though a separate policy has been written for each. This, however, will not act to increase the limit of the insuring company.” (iv) “Thirty (30) days prior written notice of cancellation shall be given to the City of Chino in the event of cancellation and/or reduction in coverage, except that ten (10) days prior written notice shall apply in the event of cancellation for non -payment of premium. ” Such notice shall be sent to the Risk Manager at the address indicated in Subsection f below.
(v) Subsection d(iv ) hereinabove “Cancellation Notice ” is the only endorsement required of the Workers’ Compensation and Employers’ Liability policy.
(e) Admitted Insurers. All insurance companies providing insurance to the Subdivider under this Agreement shall be admitted to transact the business of insurance by the California Insurance Commissioner.
(f) Proof of Coverage. Copies of all required endorsements shall be attached to the Certificate of Insurance which shall be provided by the Subdivider’s insurance company as evidence of the coverage required herein and shall be mailed to:

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

12. Environmental Warranty.
116

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16 12.1. Prior to the acceptance of any dedications or Works of Improvement by City, Subdivider shall provide City with a written warranty in a form substantially similar to Exhibit “C” attached hereto and incorporated herein by reference, that:
(a) Neither the property to be dedicated nor Subdivider are in violation of any environmental law, and neither the property to be dedicated nor the Subdivider are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated.
(b) Neither Subdivider nor any other person with Subdivider’s permission to be upon the property to be dedicated shall use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this Agreement, the term “Hazardous Substances” shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as “Toxic Materials” in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30 , as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies.
(c) Subdivider has not caused or permitted the release of, and has no knowledge of the release or presence of, any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (d) Subdivider’s prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated.

12.2. Subdivider shall give prompt written notice to City of:
(a) Any proceeding or investigation by any federal, state or local governmental (b) authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (c) Any claims made or threatened by any third party against City or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and
(d) Subdivider’s discovery of any occurrence or condition on any property adjoining or in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its 117

01225.0006/366470.2
17 ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental law.

13. General Provisions.

13.1. Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider’s right, title, and interest in and to the Property and any portion thereof.

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

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

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

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

13.5. Time of the Essence. Time is of the essence of Subdivider’s performance of all of its obligations under this Agreement.

13.6. Notices. Unless otherwise specified in this Agreement, all notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date 118

01225.0006/366470.2
18 is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notice shall be provided to the persons listed on Pages 1 and 2 of this Agreement by the parties for this purpose.

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

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

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

13.9. Captions. The captions of this Agreement are for convenience and reference only and shall not be used in the interpretation of any provision of this Agreement.

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

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

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

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

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

119

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19 IN WITNESS WHEREOF, the City and the Subdivider have caused this Agreement to be executed the day and year first above written.

120

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121

01225.0006/366470.2 A-1

EXHIBIT “A”
[attached]
122
123

01225.0006/366470.2 B-1
EXHIBIT “B”
TENTATIVE TRACT MAP NO. 16420-6 WORKS OF IMPROVEMENT
A. Removal of undesirable, dangerous and dead plant materials and roots.

B. All onsite and offsite grading as specified on the approved grading plan.

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

D. Storm drain facilities as required and shown on the approved construction plans and in accordance with City Standards.

E. Sanitary sewers constructed as shown on the approved, engineered plans and in accordance with City Standards.

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

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

H. A street lighting system (City-owned) in accordance with City Standards.

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

J. Installation of concrete curbs, gutters, sidewalks, cross gutters, driveways and intersections as shown on approved construction plans and in accordance with City Standards.

K. Installation of asphalt concrete or Portland Cement Concrete street pavement on base material as shown on approved construction plans and in accordance with City Standards.

L. Street signs at intersections per the City Standards.

M. Installation of approved landscaping (plants and materials).

N. Setting monuments as required by the State Code.

The Subdivider shall also perform all work and furnish all materials necessary, in the opinion of the Director of Public Works or her designee and on her order, to complete the improvements in accordance with the plans and specifications on file as hereinbefore specified, or any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work.
124
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-6
LOCATION : East Preserve Loop at Main Street
By: TS
DATE: January 9, 2025
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
EA Tree Removal 800.00$ -$
17 CY Concrete Removal 325.00$ 5,525.00$
131 CY AC Pavement Removal 100.00$ 13,100.00$ CY Imported Common Fill (Incl. Compaction) 34.00$ -$ SF Preparation of Subgrade, Sidewalk and Paving 1.00$ -$ 3513 LF PCC 8" Curb & 24" Gutter on 6" AB 26.00$ 91,338.00$ 4182 LF PCC 6" Curb & 24" Gutter on 6" AB 24.00$ 100,368.00$ 4391 LF PCC Curb Only 20.00$ 87,820.00$
LF 8" A.C. Berm 20.00$ -$
240 SF 8" PCC Cross Gutter on 6" AB 16.00$ 3,840.00$ 66375 SF 4" PCC Sidewalk 5.80$ 384,975.00$ 1021 SF 6" PCC Thick Pavement on 6" AB 12.50$ 12,762.50$ SF 8" PCC Thick Drive Approach on 6" AB 15.00$ -$ LF 2" x 6" Redwood Header 7.50$ -$
EA Street Sign and Post 475.00$ -$
EA Traffic Sign and Post 400.00$ -$
EA Reflector Sign and Post 175.00$ -$
EA Painted Legend 6.50$ -$
SF Prime or Tack Coat 0.08$ -$
TON AC Variable - <300T 130.00$ -$
4,399 TON AC Variable - >300T 120.00$ 527,880.00$ TON CAB Variable - <300T 100.00$ -$
5,005 TON CAB Variable - >300T 90.00$ 450,450.00$ EngCostEstimate Page 1 of 10 Effective Date: January 1, 2021 125
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-6
LOCATION : East Preserve Loop at Main Street
By: TS
DATE: January 9, 2025
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
24 EA Adjust Sewer Manhole to Grade 950.00$ 22,800.00$ EA Adjust Sewer Cleanout to Grade 500.00$ -$ 42 EA Adjust Water Valve and Can to Grade 525.00$ 22,050.00$ 26 EA Street Light 7,700.00$ 200,200.00$
1 EA Electrical Pedestal 6,500.00$ 6,500.00$
EA Lot Monument Setting Fee 550.00$ -$
LF Sawcut A.C. 3.00$ -$
LF Sawcut Concrete 3.00$ -$
SF Cold Plane A.C. 2" Thick 0.28$ -$
Signing & Striping for
LF Arterial 19.00$ -$
3225 LF Collector 13.00$ 41,925.00$
LF Local 7.00$ -$
EA Traffic Signal (8 - Phase Controller) 350,000.00$ -$ EA Modify existing Traffic Signal per Quadrant 75,000.00$ -$ LF Chain Link Fence
4 foot Residential Grade (Add $7.00/LF for Removal
of Existing Fence) 25.00$ -$
6 foot School fence (Add $9.00/LF for Removal of
Existing Fence) 35.00$ -$
EA Utility Poles
Transmission 11,500.00$ -$
Distribution 8,000.00$ -$
Service 3,000.00$ -$
EngCostEstimate Page 2 of 10 Effective Date: January 1, 2021 126
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-6
LOCATION : East Preserve Loop at Main Street
By: TS
DATE: January 9, 2025
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
SF
Landscape (Including shrubs, Hardscape, Irrigation,
Ground Cover, Lighting, Installation Labor and Connection to Existing Systems) 15.00$ -$
LF
14 foot Median with Landscape, Irrigation, Lighting,
Hardscape, Curb, Gutter & Pavement 300.00$ -$ Rail Road Crossing
LS
Safety Equipment (Complete Including Crossing
Gates, Signs, and Lights) 500,000.00$ -$
SF Track Crossing (Concrete) 175.00$ -$
SF Approach 4.00$ -$
36 EA S.W. Ramps (A.D.A. Compliant) 4,000.00$ 144,000.00$ EA Traffic Signal Loops 600.00$ -$
691 SF 4" to 6" Fresno River Cobble Pavement 10.00$ 6,910.00$ 148 LF Metal Beam Guard Rail 70.00$ 10,360.00$

STREETS
STREET SUBTOTAL 2,132,803.50$
LS Mobilzation (5% of Construction Cost) 5% 106,640.18$ LS Traffic Control (5% of Construction Cost) 5% 106,640.18$ LS Clear & Grub Site (5% of Construction Cost) 5% 106,640.18$ LS Excavation (Clean Material) (5% of Construction Cost) 5% 106,640.18$ GRAND TOTAL STREETS ONLY 2,559,364.20$
EngCostEstimate Page 3 of 10 Effective Date: January 1, 2021 127
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-6
LOCATION : East Preserve Loop at Main Street
By: TS
DATE: January 9, 2025
Quantity Unit Item Unit Total Cost
Price Per Item
WATER
LF Trench Support/Shoring (6 foot depth) 15.00$ -$ CY Pipe Bedding & Compaction (Imported) 90.00$ -$ LF
6" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 80.00$ -$ 275 LF
8" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration. 100.00$ 27,500.00$ 3101 LF
12" Pipe & Fittings Installed, including excavation,
bedding, backfill and pavement restoration 135.00$ 418,635.00$ LF
18" Pipe & Fittings Installed, including excavation,
bedding, backfill and pavement restoration 175.00$ -$ LF Removal, Disposal of ACP and Backfill 150.00$ -$ EA 6" Gate Valve 2,000.00$ -$
5 EA 8" Gate Valve 2,600.00$ 13,000.00$
11 EA 12" Gate Valve 4,500.00$ 49,500.00$
EA 18" Gate Valve 7,500.00$ -$
6 EA Fire Hydrant Assembly per City Std. 7,500.00$ 45,000.00$ 7 EA Blow-off Assembly 4" per City Std. 8,600.00$ 60,200.00$ EA 2" Air Relief Assembly 4,500.00$ -$
EA 1" Water Service/Meter 3,500.00$ -$
EA 2" Water Service/Meter 4,500.00$ -$
WATER
WATER SUBTOTAL 613,835.00$
LS Mobilzation (5% of Construction Cost) 5% 30,691.75$
LS Traffic Control (5% of Construction Cost) 5% 30,691.75$ GRAND TOTAL WATER ONLY 675,218.50$
EngCostEstimate Page 4 of 10 Effective Date: January 1, 2021 128
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-6
LOCATION : East Preserve Loop at Main Street
By: TS
DATE: January 9, 2025
Quantity Unit Item Unit Total Cost
Price Per Item

RECYCLED WATER
LF Trench Support/Shoring (6 foot depth) 15.00$ -$ CY Pipe Bedding (Imported) 90.00$ -$
LF
6" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration 80.00$ -$ 3182 LF
8" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration. 100.00$ 318,200.00$ LF
12" Pipe & Fittings Installed, including excavation,
bedding, backfill and pavement restoration 135.00$ -$ LF
18" Pipe & Fittings Installed, including excavation,
bedding, backfill and pavement restoration 175.00$ -$ EA 6" Gate Valve 2,000.00$ -$
10 EA 8" Gate Valve 2,600.00$ 26,000.00$
EA 12" Gate Valve 4,500.00$ -$
EA 18" Gate Valve 7,500.00$ -$
EA Fire Hydrant Assembly per City Std. 7,500.00$ -$ 4 EA Blow-off Assembly 5" per City Std. 8,600.00$ 34,400.00$ 1 EA 2" Air Relief Assembly 4,500.00$ 4,500.00$ EA 1" Water Service/Meter 3,500.00$ -$
EA 2" Water Service/Meter 4,500.00$ -$

RECYCLED WATER
RECYCLED WATER SUBTOTAL 383,100.00$
LS Mobilzation (5% of Construction Cost) 5% 19,155.00$
LS Traffic Control (5% of Construction Cost) 5% 19,155.00$ GRAND TOTAL RECYCLED WATER ONLY 421,410.00$
EngCostEstimate Page 5 of 10 Effective Date: January 1, 2021 129
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-6
LOCATION : East Preserve Loop at Main Street
By: TS
DATE: January 9, 2025
Quantity Unit Item Unit Total Cost
Price Per Item
SEWER
LF Trench Support/Shoring 15.00$ -$
LF
4" V.C.P Installed, including excavation, bedding, backfill and pavement restoration $75.00 -$
LF
8" V.C.P Installed, including excavation, bedding, backfill and pavement restoration $93.00 -$
LF
10" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $103.00 -$
LF
12" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $123.00 -$
LF
15" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $143.00 -$
LF
18" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $163.00 -$
LF
21" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $193.00 -$
LF
24" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $208.00 -$
EA Sewer Saddle $450.00 -$
EA Wyes 4" x 8" Typical $225.00 -$
EA 48" Sewer Manhole $4,700.00 -$
EA 60" Sewer Manhole $7,500.00 -$
EA Sewer Cleanout $1,800.00 -$
SEWER
SEWER SUBTOTAL -$
LS Mobilization (5% of Construction Cost) 5% -$
LS Traffic Control (5% of Construction Cost) 5% -$
GRAND TOTAL SEWER ONLY -$
EngCostEstimate Page 6 of 10 Effective Date: January 1, 2021 130
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-6
LOCATION : East Preserve Loop at Main Street
By: TS
DATE: January 9, 2025
Quantity Unit Item Unit Total Cost
Price Per Item

STORM DRAIN
LF 24" X 36" C.M.P.A. (10 Gauge) 230.00$ -$
LF 27" x 43" C.M.P.A (10 Gauge) 250.00$ -$
17 EA Storm Drain Manhole #1 10,000.00$ 170,000.00$ EA Junction Structure #2 (24" or larger) 8,850.00$ -$ 4 EA Junction Structure #4 (24" or smaller) 4,000.00$ 16,000.00$ EA Outlet Structure 7,000.00$ -$
22 EA Catch Basin 3.5' Width 7,200.00$ 158,400.00$ EA Catch Basin 7' Width/L.D. 7,900.00$ -$
EA Catch Basin 10' Width/L.D. 9,950.00$ -$
EA Catch Basin 14' Width/L.D. 11,000.00$ -$
EA Catch Basin 21' Width/L.D. 13,000.00$ -$
LF
18 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 200.00$ -$ 2002 LF
24 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 240.00$ 480,480.00$ LF
27 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 260.00$ -$ LF
30 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 280.00$ -$ LF
33 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 295.00$ -$ LF
36 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 310.00$ -$ LF
39 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 320.00$ -$ 1589 LF
42 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 330.00$ 524,370.00$ LF
45 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 360.00$ -$ 169 LF
48 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 385.00$ 65,065.00$ LF
54 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 440.00$ -$ LF
60 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 500.00$ -$ EngCostEstimate Page 7 of 10 Effective Date: January 1, 2021 131
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-6
LOCATION : East Preserve Loop at Main Street
By: TS
DATE: January 9, 2025
Quantity Unit Item Unit Total Cost
Price Per Item

STORM DRAIN
LF
66 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 560.00$ -$ LF
72 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 625.00$ -$ LF
78 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 690.00$ -$ LF
84 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 765.00$ -$ LF
90 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 830.00$ -$ LF
96 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 920.00$ -$ LF
102 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 1,000.00$ -$
LF
108 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration 1,075.00$ -$
LF
7' x 6' RCB Installed, including excavation, bedding,
backfill and pavement restoration 700.00$ -$ LF
7' x 8.5' RCB Installed, including excavation, bedding, backfill and pavement restoration 820.00$ -$ LF
7' x 9.5' RCB Installed, including excavation, bedding, backfill and pavement restoration 870.00$ -$ LF
8' x 11' RCB Installed, including excavation, bedding,
backfill and pavement restoration 1,000.00$ -$
LF
8' x 13' RCB Installed, including excavation, bedding,
backfill and pavement restoration 1,100.00$ -$
LF
9' x 9' RCB Installed, including excavation, bedding,
backfill and pavement restoration 1,000.00$ -$
2 EA 24" CMP Riser 1,250.00$ 2,500.00$
77 LF 24" CSP Pipe 200.00$ 15,400.00$
3 EA PIPE END CAPS 200.00$ 600.00$
42 LF 8" HDPE N12 DRAIN PIPE 50.00$ 2,100.00$

STORM DRAIN
STORM DRAIN SUBTOTAL 1,434,915.00$
LS Mobilization (5% of Construction Cost) 5% 71,745.75$ LS Traffic Control (5% of Construction Cost) 5% 71,745.75$ GRAND TOTAL STORM DRAIN ONLY 1,578,406.50$
EngCostEstimate Page 8 of 10 Effective Date: January 1, 2021 132
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-6
LOCATION : East Preserve Loop at Main Street
By: TS
DATE: January 9, 2025
Quantity Unit Item Unit Total Cost
Price Per Item
DIRECT COSTS GRAND TOTAL STREETS ONLY 2,559,364.20$
GRAND TOTAL WATER ONLY 675,218.50$
GRAND TOTAL RECYCLED WATER ONLY 421,410.00$
GRAND TOTAL SEWER ONLY -$
GRAND TOTAL STORM DRAIN ONLY 1,578,406.50$

GRAND TOTAL (FOR PLAN CHECK & INSPECTION FEE
DETERMINATION) 5,234,399.20$
PROJECT ADDITIVES Project Contingencies 10% 523,439.92$ Construction Staking 3% 157,031.98$
Soils Testing 1% 52,343.99$
Material Testing 1% 52,343.99$
Construction Inspection 4.8% 251,251.16$
Contract Administration 1% 52,343.99$
GRAND TOTAL (FOR BOND AMOUNTS) 6,323,154.23$
EngCostEstimate Page 9 of 10 Effective Date: January 1, 2021 133
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-6
LOCATION : East Preserve Loop at Main Street
By: TS
DATE: January 9, 2025
Quantity Unit Item Unit Total Cost
Price Per Item

BY ENGINEER
Prepared By: C. Berard
R.C.E. Number: 45183
Expiration:

Place R.C.E. Stamp and Signature Here (required)

BY CITY
Faithful Performance Bond (100% of Construction Cost) 6,323,200.00$ Labor & Material Bond (50% of Construction Cost) 3,161,600.00$ Warranty Bond (10% of Construction Cost) 632,300.00$
EngCostEstimate Page 10 of 10 Effective Date: January 1, 2021 134
Bonds Streets Wet Utilities Streets Wet Utilities Streets Wet Utilities Streets Wet Utilities Streets Wet Utilities Total Performance 3,103,700.00$ 3,219,400.00$ 524,100.00$ 644,300.00$ 1,824,000.00$ 2,364,000.00$ 727,100.00$ 1,023,900.00$ 1,007,100.00$ 1,182,200.00$ 15,619,800.00$ Labor / Materials 1,551,850.00$ 1,609,700.00$ 262,050.00$ 322,150.00$ 912,000.00$ 1,182,000.00$ 363,550.00$ 511,950.00$ 503,550.00$ 591,100.00$ 7,809,900.00$ Warranty 310,370.00$ 321,940.00$ 52,410.00$ 64,430.00$ 182,400.00$ 236,400.00$ 72,710.00$ 102,390.00$ 100,710.00$ 118,220.00$ 1,561,980.00$ **Summary of In-Tract Bonds. Cost Estimates on-file in the Public Works Department.

In-Tract Lot 2 & 3 In-Tract Lot 9In-Tract Lot 4 & 7 In-Tract Lots 5,6,8Block 11 Backbone 135

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

TRACT MAP NO. 20445 (PL0056 MSA and PL21-0075)

DATE: August 3, 2022 PC MEETING DATE: September 19, 2022

PROJECT DESCRIPTION: Master Site Approval and TTM 20445 to create 77 lots.

PROJECT LOCATION: SE corner Legacy Park, Main Street, and East Preserve Loop

APPLICANT: Chino Preserve Development PROJECT ENGINEER: Felicia Marshall

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

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

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

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

1.0 PRIOR TO MAP RECORDATION:

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

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

1.3 Make the following dedications:

Street Name Distance Direction From C/L
East Preserve Loop 83 feet with 6 foot LS Lot to
west/north and 8’ to east*
40 feet to west and 43 feet to
east
Main Street 92 feet 46 feet each side
Legacy Park Street 40 feet with 6 foot LS Lot* South A through H Street 60 feet 30 feet each side
* No LS (landscape) lot along parks and community center areas.

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

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

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

The proposed CC&Rs shall contain the Association’s/Owner’s maintenance obligations with respect to various facilities including, but not limited to, right -of-way landscaping, private streets, sidewalks, utilities, street lights, and Water Quality Management Plan (WQMP) features. This document must be submitted to and approved by the City before it is submitted to any other governmental entity.
136
TRACT MAP NO. 20445 2 August 3, 2022

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

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

1.7 Submit a list of proposed street names for the interior streets to the Street Nami ng Committee for name(s) selection. Please provide one alternate street name for each street.

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

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

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

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

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

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

137
TRACT MAP NO. 20445 3 August 3, 2022

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

2.1 Record Tract Map No. 20445 pursuant to the Subdivision Map Act and in accordance with City Municipal Code. Provide a duplicate photo Mylar of the recorded map to the City Engineer's office.

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

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

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

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

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

2.7 Design full public improvements for all im pacted and interior streets/facilities in accordance with the City Municipal Code, Standards and Specifications. Such public improvements may include, but not be limited to the following: (Please coordinate and verify all requirements with the project engineer.)
138
TRACT MAP NO. 20445 4 August 3, 2022

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

16’ 25’ 29’ 18’
Asphalt Concrete Overlay
Street Lights X X X X
Median Island and Landscaping X
Parkway Landscaping X X X X
Striping and Traffic Controls X1 X X X
Traffic Signal Interconnect
Conduit System for CATV X X X X
Sewer4 X X X9
Storm Drain3 X X X
Domestic Water X2 X X
Recycled Water X7 X X
Fire Hydrants as required by CVIFD X X X X
Other Landscape Lot X5 X6
1 Paint 20’ white curb adjacent to community mailboxes per CMC 10.28.040 (C), white paint indicates 3- minute parking for mailboxes. White curb shall not overlap with red curb at corners or crosswalks. 2 Public water mains shall not extend into lettered lots. 3 Line F Storm drain must be complete for this tract to tie into. 4 The proposed sewer connects within East Preserve Loop and runs west, then south on Main Street. These offsite improvements must be completed for this tract to connect.

The sewer within the private drive aisle is private.
5 The landscape lots for East Preserve Loop is 6’ on the west side. 6 The landscape lots for Legacy Park is 6’ on the south side, with no landscape lot at the parks and community center areas.
7 Recycled water mains are not required in-tract, but the parkways within the tract must use recycled water.

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

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

2.9 Obtain design and plan approval from appropriate utility companies for undergrounding all utility lines adjoining and interior to the project, including power lines of 34.5 kV or less, pursuant to City Municipal Code, Chapter 13.32.
139
TRACT MAP NO. 20445 5 August 3, 2022

2.10 Prepare and submit a sewer collection system analysis to determine if downstream facilities are adequate to handle the proposed development. The analysis will evaluate the proposed point(s) of connection and determine if there are any system deficiencies or needed i mprovements in order for the proposed development to be connected to the City’s sanitary sewer collection system.

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

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

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

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

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

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

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

2.17 All public street corners shall have a minimum curb radii per City Municipal Code, Chapter 19.06 and City Standards and Specifications.
140
TRACT MAP NO. 20445 6 August 3, 2022

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

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

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

3.0 PRIOR TO REQUEST AND RELEASE OF ANY OCCUPANCY PERMITS:

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

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

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

4.0 PRIOR TO FINAL ACCEPTANCE/PROJECT CLOSEOUT:

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

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

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

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

5.0 PINE AVENUE PUBLIC IMPROVEMENTS

5.1 The City shall design and the Developer shall construct per City Standards the following required improvements on Pine Avenue between Euclid and Mayhew Avenues to the satisfaction of the City Engineer. Applicant shall receive Development Impact Fee (DIF) credit for the constru ction of improvements identified in the City’s latest DIF Nexus Study and any agreed to interim improvements:
a. Widen Pine Avenue to provide two westbound lanes, a two-way left turn lane, and two eastbound lane. Provide two westbound left turn lanes and two northbound right turn lanes at the Euclid Avenue intersection. Improvements shall include but are not limited to AC pavement, curb, gutter, traffic signal modification, signing, and striping. b. Restripe Pine Avenue to increase the capacity of the two westbound left turn lanes at the Pine & Euclid intersection to the satisfaction of the City. c. Install temporary striping to accommodate a transition between lane configurations at Mayhew Avenue.
141
TRACT MAP NO. 20445 7 August 3, 2022

d. Slurry seal along streets impacted by the construction of public improvements as directed by City staff. Install traffic controls, signing and striping per approved plans.

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

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

5.2.a Within one year of obtaining required permits from local, State and federal agencies, construct and secure Development Services Department approval of all required improvements in accordance with plans approved by the City. The City shall, at its discretion, have the ability to restrict the issuance of building permits should the Developer not construct and complete all required improvements prior to the one year period.
142

Rev. 9/7/2222

CITY OF CHI NO

DEVELOPMENT SERVICES DEPARTMENT

DEVELOPMENT ENGINEERING DIVISION

ITEMS REQUIRED FOR FIRST PLAN CHECK SUBMITTAL

TRACT MAP NO. 20445

PROJECT ENGINEER: Felicia Marshall
DATE: 8/3/2022

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

1 Copy of Development Engineering Division Conditions of Approval

2 Sets of Maps (Subdivision Only)

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

2 Copies of Closure Calculations (Subdivision Only)

1 Set of Referenced Maps (Subdivision Only)

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

2 Copies of lot line adjustment certificate

2 Copies of lot merger

2 Copies of right-of-way dedication

4 Sets of Rough Grading Plans

5 Sets of Precise Grading Plans

4 Sets of Storm Drain Plans

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

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

3 Sets of Street Improvements Plans

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

2 Sets of Sewer Plans

3 Sets of Domestic Water Plans

2 Sets of Recycled Water Plans

2 Sets of Street Light Plans including a Photometric Diagram

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

2 Sets of Signing and Striping Plans

1 Sets of Traffic Signal Interconnect Plans

2 Sets of Traffic Signal Plans

1 Water Quality Management Plan

1 143

01225.0006/366470.2 C-1

EXHIBIT “C”
TRACT NO. 16420-6

CHINO PRESERVE DEVELOPMENT CORPORATION

ENVIRONMENTAL WARRANTY

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

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

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

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

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

5. All persons executing this warranty hereby represent and warrant to the City of Chino, and Subdivider hereby represents and warrants, that the signators hereto have the legal power, right and authority to execute this warranty on behalf of the Subdivider and that the signators hereto have sufficient knowledge or expertise, either personally, 144

01225.0006/366470.2 C-2

through reasonable inspection and investigation of the property, or through reasonable reliance upon the investigation and professional opinion of Subdivider ’s environmental experts, to make the representations herein, and that no consent of any other party is required to execute this warranty and make the representations herein on behalf of the Subdivider to the City of Chino.

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

Dated: _________________________

CHINO PRESERVE DEVELOPMENT CORPORATION*

By: _______________________________________________________________

*Proof of authorization for Subdivider ’s signatures is required to be submitted concurrently with this environmental warranty.

145

CONSTRUCTION CREDIT AND REIMBURSEMENT AGREEMENT

CITYWIDE DEVELOPMENT IMPACT FEE PROGRAM
TRACT MAP NO. 16420-6 (BLOCK 11)
This CONSTRUCTION CREDIT AND REIMBURSEMENT AGREEMENT (“Agreement”) is entered into this 1st day of April 2025 (“Effective Date”), by and between CITY OF CHINO, a California municipal corporation ( “City”), and CHINO PRESERVE DEVELOPMENT CORPORATION, a California corporation (“Developer”). City and Developer are sometimes hereinafter referred to individually as “Party” and jointly as “Parties”.

RECITALS
A. Developer owns that certain real property consisting of Master Site Approval PL21 -0056 and Tentative Tract Map No. 20445 for the future development of 305 single-family homes within four neighborhoods, a pocket park, and private recreation center located in the MDR (Medium Density Residential) and CC16 (Community Core 16) land use designations known as Block 11. Block 11 is generally located south of Legacy Park Street, east of Main Street, and north of East Preserve Loop. Tract Map No. 16420 (as amended) will dedicate and require surety for portions of offsite improvements within the Tentative Tract Map No. 20445 area. Furthermore, Tentative Tract Map No. 20445 is intended to be recorded in phases. Each phase may be recorded independent of the other. As a result, Chino Preserve Development Corporation requested approval of Tract Map No.16420-6 as shown on Exhibit A-1, approve by the City Council on April 1, 2025. (“Project”).

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

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

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

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

F. The DIF Ordinance provides that if, as a condition of approval of a development project, a developer constructs a public facility identified in the Nexus Reports, for which a development impact fee is imposed, Developer shall be eligible to receive a fee credit toward the DIFs imposed on the Project for the same type of public facility so constructed, and shall be entitled to reimbursement for eligible costs of constructing the public facility, provided that developer complies with the requirements of the DIF Ordinance as it may be amended from time to time. The DIF Ordinance specifically requires that the d eveloper and City enter into a credit and reimbursement agreement.
146

2 G. City and Developer desire to enter into this Agreement for the following purposes: (i) to provide for the timely construction and completion of the Public Improvements, (ii) to ensure that construction of the Public Improvements is undertaken in accordance with the Plans and Specifications (defined in Section 2.1 below) , and the laws and ordinances pertaining to the construction of public improvements, (iii) to provide the methodology for establishing the reimbursement amounts and/or DIF credits to which Developer may be entitled after completion of the Public Improvemen ts (“ Reimbursement/Credits”); and (iv) the requirements for Developer’s transfer or application of all or any portion of the Reimbursement/Credits to third party.

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

AGREEMENT:

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

2. Construction of Public Improvements. Developer shall construct at its own cost and expense, the Public Improvements in accordance with the Plans and Specifications and the provisions set forth in this Agreement. Developer shall provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary to fully and adequately complete the Public Improvements.

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

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

2.3 Public Works Requirements. Developer shall ensure that the bidding, awarding, and construction of the Public Improvements are undertaken as if such Public Improvements were constructed as a public works project under the direction and authority of City, pursuant to all provisions of law applicable to governmental entities. Developer shall also comply with the requirements of City’s Bidding and Contract Requirements for Public Improvements Policy, as adopted by City Council, hereby incorporated by reference and made a part of hereof (as may be amended from time to time). (a) Prior to soliciting or awarding the bid for any portion of the Public Improvements, Developer shall submit the bid packet and a set of construction drawings signed by Developer or another authorized representative designated by Develope r for the work being bid to City Engineer or his or her designee for review and approval, which approval shall be granted or denied within fifteen (15) calendar days after submission of such bid packet. If City Engineer denies approval of such bid packet and construction draw ings, City Engineer shall specify the reasons for such disapproval and Developer shall resubmit a revised bid packet for review and approval until such approval is obtained. 147

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

2.4 Schedule of Performance. Developer shall commence construction of the Public Improvements in accordance with the Subdivision Improvement Agreement for Tract Map No. 16420-6.

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

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

2.7 Force Majeure. Developer agrees that the time within which it shall be required to perform any act under this Agreement shall not be extended except as follows: (i) Developer is delayed by City (including, without limitation, restrictions on priority, initiative or refe rendum, or moratoria), in which case Developer shall provide written notice to City specifically describing the nature and extent of 148

4 the delay caused by City and Developer’s detailed efforts to avoid such delay, which references this Section and deliver such notice within twenty (20) days of discovering such delay, and Developer’s obligations shall be extended for such time as City deem s reasonable as a result of the delay if and only if Developer provides such written notice to City within such time; or (ii) Developer is delayed due to war, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires, casualties, natural disaster s, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, processing with any governmental agencies, unusually severe weather, or any other similar causes beyond the control of Developer or without the fault of Developer. An extension of time for any such cause shall be for the period of the enforced delay equal to the number of days during which Developer’s performance was delayed and shall commence to run from the time of the commencement of the cause, if written no tice by Developer claiming such extension is sent to City within twenty (20) days of knowledge of the commencement of the cause.

3. Security; Surety Bonds . Prior to the commencement of any work on the Public Improvements, Developer or its contractor shall provide City with surety bonds in the amounts and under the terms set forth below or, at City’s request, in lieu of surety bonds, a letter of credit or letters of credit issued by a banking institution with a rating to be approved by City and in the form and upon terms approved by City (“Security”). The amount of the Security shall be based on the estimated actual costs (“Estimated Costs”) to construct the Public Improvements, as determined by City after Developer has awarded a contract for construction of the Public Improvements to the lowest responsive and responsible bidder in accordance with this Agreement. If City determines, in its sole and absolute discretion, that the Estimated Costs have changed, Developer or its contractor shall adjust the Security in the amount requested by City.

Providing the Security shall not release Developer of its indemnification obligation in Section 4.

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

3.2 Labor & Material Bond . To secure payment to the contractors, subcontractors, laborers, materialmen, and other persons furnishing labor, materials, or equipment for performance of the Public Improvements and this Agreement, Developer or its contractor shall provide City a labor a nd materials bond in an amount which sum shall not be less than fifty percent (50%) of the Estimated Costs.

All security provided under this section shall be released upon the final acceptance by the City Council of the City, provided that Developer is not in default of this Agreement.

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

4. Indemnification. Developer shall defend, indemnify, and hold harmless City, its elected officials, employees, and agents from any and all actual or alleged claims, demands, causes of action, 149

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

5. Insurance.

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

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

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

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

5.1.4 Professional Liability. For any consultant or other professional who will engineer or design the Public Improvements, liability insurance for errors and omissions with limits not less than One Million Dollars ($1,000,000) per occurrence, shall be procured and maintained for a period of five (5) years following completion of the Improvements. Such insurance shall be endorsed to include contractual liability.

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

5.3 Additional Insured; Separation of Insureds. The Required Insurance, except for the professional liability and workers’ compensation insurance, shall name City as an additional insured with respect to work performed by or on behalf of Developer or its contractors, including any materials, parts, or equipment furnished in connection therewith. The Required Insurance shall contain standard 150

6 separation of insureds provisions, and shall contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, or agents.

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

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

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

5.7 Insurer Rating. Unless approved in writing by City, all Required Insurance shall be placed with insurers licensed to do business in the State of Cal ifornia and with a current A.M. Best rating of at least “A-” and FSC-VIII.

6. Maintenance of Improvements . City shall not be responsible or liable for the maintenance or care of, and shall exercise no control over, the Public Improvements until such Public Improvements are accepted by City. Developer shall have no obligation to make the Public Improvements available for public use at any time before the Public Improvements are accepted by City. Any use by any person of the Public Improvements, or any portion thereof, shall be at the sole and exclusive risk of Developer at all times prior to City’s acceptance of the Improvements. Developer shall maintain all of the Public Improvements in a state of good repair until they are completed by Developer and accepted by City.

Prior to acceptance by the City, it shall be Developer’s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this section, City may, upon written notice and Developer’ s failure to remedy as provided in Section 14, do all work necessary for such maintenance, and the cost thereof shall be the responsibility of Developer and its surety under this Agreement. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Public Improvements or their condition prior to acceptance, except to the extent such damage or injury is caused by the negligence or willful misconduct of City, its elected officials, employees, and/or agents.

7. City Inspection of Public Improvements. Developer shall, at its sole cost and expense, and at all times during construction of the Public Improvements, maintain reasonable and safe facilities and provide safe access for inspection by City of the Public Improvements and areas where construction of the Public Improvements is occurring or will occur. Developer shall give notice to City when the construction of all or a portion of the Public Improvements is complete. Upon receiving such notice, City may insp ect the Public Improvements and request any modifications or corrections as may be deemed reasonably necessary by City Engineer, in his or her sole discretion, to bring the Public Improvements into conformity with the Plans and Specifications, including an y approved revisions thereto. Developer or Developer’s contractors shall make all such modifications and corrections requested by City Engineer. 151

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

9. Acceptance of Improvements; As -Builts or Record Drawings . If the Public Improvements are completed by Developer in accordance with the Plans and Specifications, as reasonably determined by City Engineer, City shall be authorized to accept the Public Improvements. City may, in its reasonable discretion, accept fully completed portions of the Public Improvements prior to such time as all of the Public Improvements are complete, which shall not release or modify Developer’s obligation to complete the remaind er of the Public Improvements. Upon the total or partial acceptance of the Public Improvements by City, Developer shall file with the Recorder’s Office of the County of San Bernardino a notice of completion for the accepted Improvements in accordance with California Civil Code Section 9204 (“Notice of Completion ”), at which time the accepted Public Improvements shall become the sole and exclusive property of City without any payment therefor , except as expressly set forth herein .

Notwithstanding the foregoing, City may not accept any Public Improvements (or the applicable portion thereof) unless and until Developer provides two (2) sets of “as -built” or record drawings or plans to City for all such Public Improvements (or the applicable portion thereof). The drawings shall be certified and shall reflect the condition of the Public Improvements as constructed, with all changes incorporated therein.

10. Warranty and Guaranty . Developer warrants and guarantees all the Public Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of the Public Improvements, for a period of one (1) year following completion of the work and acceptance by City (“Warranty”). During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise materially unsatisfactory portion of the Improvements, in accordance with the Plans and Specifications. All repairs, replacements, or reconstruction during the Warranty period shall be at the sole cost and expense of Developer, and shall not be eligible for credits or reimbursements. As to any Public Improvements which have bee n repaired, replaced, or reconstructed during the Warranty, Developer hereby agree to provide a warranty for a one (1) year period following City acceptance of the repaired, replaced, or reconstructed Public Improvements.

Developer’s warranty obligation under this section shall survive the expiration or termination of this Agreement.

11. DIF Credit and Reimbursement.

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

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

11.2.1 Reasonable Soft Costs . City Engineer shall, in his or her reasonable discretion, determine the amount of reasonable soft costs eligible for credit and reimbursement under the 152

8 DIF Ordinance. Such amounts may include professional engineering and design services, construction management, soils testing, permits, plan check fees, and inspections , but shall not include interest or attorneys’ fees. For soft costs to be reimbursable to Developer pursuant to this Agreement, City must be able to verify that such soft costs are specifically attributable to the specified Public Improvements for which reimbursement is being made, by reference to separate subcontract(s) or by another means approved by City in writing. The total amount of the soft costs shall not exceed fifteen percent (15 %) of the Credit/Reimbursement Amount. City Engineer may, in his or her reasonable discretion, reduce or disallow credit/ reimbursement for any costs he finds excessive or unreasonable.

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

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

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

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

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

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

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

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

11.3.6 Compliance with DIF Ordinance and Conditions of Approval.

Developer shall be in compliance with all requirements of the DIF Ordinance and the Conditions of Approval.
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9 11.4 DIF Addendum Assignment of Credit/Reimbursement Amount. Developer shall have the right to assign all or portions of the Credit/Reimbursement Amount in accordance with the requirements specified in the DIF Addendum, which assignment will require City’s written acknowledgement. Developer understands that strict compliance with the assignment restrictions is critical to allow City to track the total Credit/Reimbursement Amount and Developer’s failure to comply with the assignment requirements in the DIF Add endum may result in delays in the processing of credit/reimbursement assignments by the City Exhibit D (“DIF Addendum”).

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

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

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

13. Default; Notice; Remedies.

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

13.2 Failure to Remedy; City Action . If the work required to remedy the noticed default or violation is not commenced within the time required under Section 1 3.1 of this Agreement and diligently prosecuted to completion, City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its reasonable discretion it believes is required to remedy th e default or violation. All such work or remedial activity shall be at the sole and absolute cost and expense of Developer and its surety, without the necessity of giving any further notice to Developer or surety. In the event City elects to complete or arrange for completion of the remaining work and the Public Improvements, City may require all work by Developer or its surety to cease in order to allow adequate coordination by City.

13.3 Other Remedies. No action by City pursuant to this Section 13 shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. City may exercise its rights and remedies independently or 154

10 cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance.

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

15. Miscellaneous.

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

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

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

To City: City of Chino
13220 Central Ave.

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

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

Email: [email protected]

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

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

15.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another , and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.
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11 15.5 Construction; References; Captions. The Parties agree that the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.

Any term referencing time, days, or period for performance shall be deemed calendar days and not wor k days, unless specified therein. All references to Developer include all personnel, employees, agents, and contractors of Developer, except as otherwise specified in this Agreement. All references to City include its e lected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

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

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

15.8 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns.

This section shall not be construed as an authorization for any Party to assign any right or obligation.

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

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

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

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

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

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

15.15 Entire Agreement. This Agreement contains the entire agreement between City and Developer and supersedes any prior oral or written statements or agreements between City and Developer.
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12 15.16 Exhibits. The following exhibits are attached hereto and incorporated herein by reference:

Exhibit A Location Map Master Site PL21-0056 Block 11
Exhibit A-1 Location Map Tract Map No. 16420-6
Exhibit B Conditions of Approval
Exhibit C Public Improvements
Exhibit D DIF Credit/Reimbursement Addendum

[SIGNATURES ON FOLLOWING PAGE]
157

13 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.

DEVELOPER: CITY:

CHINO PRESERVE DEVELOPMENT
CORPORATION, a California corporation

By: ________________________
Its: Authorized Agent
Bryan Goodman

DATED: _________

CITY OF CHINO, a municipal corporation

By: _______________________
Dr. Linda Reich
City Manager

DATED: _________

ATTEST:

__________________________
Natalie Gonzaga, City Clerk

DATED: _________

APPROVED AS TO CONTENT:

_________________________
Hye Jin Lee
Director of Public Works

DATED: _________

APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP

By: ______________________
Fred Galante, City Attorney

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

DEVELOPER SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE

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

DATED:
158

01225
159

EXHIBIT A
MASTER SITE APPROVAL PL21-0056 BLOCK 11

160

EXHIBIT A-1

TRACT MAP NO. 16420-6

[attached]
161
162

EXHIBIT B

CONDITIONS OF APPROVAL

[Attached]

163