Agenda packet, first session — Chino City Council, September 6, 2022 (part 3 of 3)

of findings, Applicant reserves its right to raise other issues as additional information becomes available.1

• Prior to denial, the Planning Commission asked the Applicant to agree to unconstitutional conditions of approval. Specifically, the Planning Commission (and the staff report) would have required the Applicant to pay for improvements that had no nexus to the Project. These exactions would be a violation of state and federal law. • The Planning Commission also would have had the Applicant pay for and/or build improvements that were already required to be built by another developer, specifically, the Master Developer of the Specific Plan. It is unlawful for the City to “double dip” and require Applicant to be responsible for improvements that are the responsibility of others.
• Indeed, some of the improvements have already been built by the Master Developer.

However, it appears that the City failed to require that such improvements comply with local and state codes. It is unlawful for the City to now require Applicant to remedy these deficiencies.
• The Specific Plan clearly sets forth responsibilities for public improvements in the Specific Plan boundaries. The improvements the City seeks to impose on the Applicant are improvements that the Specific Plan assigns to the Master Developer. 2 Accordingly,
the Project as currently conditioned is inconsistent with the Specific Plan. The Specific Plan supersedes the Zoning Code and should be the controlling document in this case. • The City has even admitted in writing on several occasions that the improvements now being foisted on the Applicant are the responsibility of the Master Developer. A grievance was filed with the City on December 11, 2019 alleging violations of the Americans with Disabilities Act, including curbs, sidewalks, crosswalks and ramps on Eucalyptus Avenue at Satterfield Way. After an investigation, the City stated in a letter to the Master Developer, “we conclude that [Master Developer] retains responsibility for addressing the conditions that are the subject of this grievance.” (See Attachment A, 2020 Grievance Response to Master Developer.)
We understand that the City is in a dispute with the Master Developer regarding completion of certain improvements within the Specific Plan area, that the City has not accepted those improvements and that bonds secure those improvements. This dispute is at the center of the unlawful conditions.

Specifically, improvements that are the responsibility of the Master Developer are being imposed on the Applicant. In order to move the Project forward, the Applicant offered a new condition to replace 1 Section 20.23.150.B of the Chino Municipal Code requires exhaustion of issues at the Planning Commission for an appeal. We object to this language as a denial of due process, in particular in this case where the Applicant was given no notice of the grounds for denial and was unable to raise arguments in response. 2 At the time that the Specific Plan was adopted, SCC/College Park, LLC was the Master Developer. We understand LS College Park, LLC to be the Master Developer now.

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Engineering Division Conditions of Approval 2.7 and 2.8, which avoid a violation of the Applicant’s legal rights. The modified condition would state:
“Design public improvements that are designated as the responsibility of the Builder of Village Center pursuant to Section F of the College Park Specific Plan Design Guidelines. Such public improvements shall include the following items on Oaks Avenue, Eucalyptus Avenue, Notre Dame Avenue, and/or Satterfield Way: (1) removing and/or repairing any damaged, broken, abandoned, or sub-standard improvements resulting from the project; (2) asphalt concrete overlay over areas where there are required street improvements along fronting streets; (3) proposed service connections to the existing Public Main Utilities shall be constructed using revised as-built plans and following City standards for street trenching backfill and repair; and (4) proposed driveway approaches shall be constructed per City Std. No. 250 with 5-ft sidewalks, minimum width shall be 30-ft and minimum radii per City and Chino Valley Independent Fire District (CVIFD) requirements.”
Incorporating this condition will avoid a protracted legal battle, will provide the City with the benefits of the Project, will ensure the necessary infrastructure is built, and will protect all of the involved Parties. Thus, we respectfully request the City Council grant the appeal and amend the conditions of approval as described herein. To the extent that the City relies on CMC Section

12.08.020, we request the City Council grant a modification pursuant to CMC Section 12.08.070.3 I. Project Background and Specific Plan Context
A. The Specific Plan Clearly Allocates Responsibilities for Public Improvements The Project is located within the College Park Specific Plan, which was adopted in 2004. Under the Specific Plan and the conditions of approval for the Specific Plan and related subdivisions, the Master Developer was responsible for the construction of certain public improvements throughout College Park. Per Table 2 in Section F of the Specific Plan Design Guidelines, construction of the following improvements is clearly specified to be the responsibility of Master Developer (See Attachment B, Table 2, Specific Plan Design Guidelines Section F):
• Street System – Oaks Avenue, Roundabout, Eucalyptus Avenue, Satterfield Way (“B” Street), and Notre Dame Avenue (“F” Street).
• Landscape Parkways & Medians – Oaks Avenue + Landscape Easements, Eucalyptus Avenue, Satterfield Way (“B” Street), Notre Dame Avenue (“F” Street), and all Street Lighting.
• Trails – Multi-Use Oaks/Eucalyptus.

Further, Section F.3 of the Specific Plan Design Guidelines clearly illustrate the Master Developer’s responsibility to construct the public improvements along the frontage of the Site with limit of work diagrams and street cross sections. (See Attachment C, Section F.3, Specific Plan Design 3 CMC Section 12.08.070 allows, “[i]n unusual conditions or when compliance with the provisions of [Chapter

12.08] would constitute an extreme hardship or would be impractical, the city council may, upon written request of the property owner, modify the requirements contained in this chapter as it may deem fit.”

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Guidelines.) For example, the following street cross section of the roundabout distinctly delineates what is to be “Builder Installed” (constructed by the Applicant) versus “Developer Installed” (constructed by the Master Developer):

B. Conditions 2.7 and 2.8 Improperly Allocated Responsibility for Public Improvements to Applicant Instead of the Master Developer
The Planning Commission seems to have denied the Project, in part, because the Applicant would not agree to construct those improvements that Master Developer was responsible for and either

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already paid for or constructed. Specifically, proposed Conditions 2.7 and 2.8 of the Engineering Division Conditions of Approval state:
“2.7 Design full public improvements for all impacted and interior streets/facilities in accordance with the City Municipal Code, Standards and Specifications. Such public improvements may include, but not be limited to the following: (Please coordinate and verify all requirements with the project engineer.)

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2.8 Existing pedestrian facilities on the frontage of the development, open to the public within the development, shall be evaluated for accessibility. The street frontage includes all adjacent pedestrian facilities, including crosswalks, created by, prolongated from, or connected to any required sidewalk improvements. The frontage may include sidewalks, curb ramps, connecting crosswalks (marked and unmarked), connecting curb ramps 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. sidewalks/walks along Notre Dame Ave, Satterfield Way, Oaks Ave and Eucalyptus Ave.
ii. shared-use paths/multi-purpose paths
iii. curb ramps as depicted in the approved Pedestrian Accessibility Route Plan iv. crosswalk pavement and associated pedestrian facilities (pedestrian push buttons, maneuvering, clear space)
v. driveway approaches crossings
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.” The problem is that the improvements identified in these conditions are directly contrary to the responsibilities allocated in the Specific Plan. As noted above, backbone infrastructure, including roads, sidewalks, crosswalks, etc. is the responsibility of the Master Developer. More detailed in-tract improvements are identified in the Specific Plan Design Guidelines starting on page F-17. As it relates to the Site, Applicant is only responsible for improvements shown on Section F.13.12 (shown below), which makes clear that the Applicant’s responsibility are within the tract itself, not on the surrounding streets, and certainly not across the street, as is being required in Conditions 2.7 and 2.8.

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Indeed, the City has already required the Master Developer to construct some of these improvements as part of previous subdivisions. To that end, it is our understanding that there are outstanding bonds of upwards of $5.8 million4 to cover the improvements along the frontage of the Site:
• PB03010400463 for TR 17898.
• PB03010400660 for TR 16838-2.
• PB03010400656 for TR16838-1.
• PB03010400657 for TR16838-1.

We also understand that there is some type of disagreement between the City and Master Developer as to some of those improvements. However, a solution is not for the City to now “double dip” and impose substantially the same conditions on Applicant, as discussed further below. As such, we request that the City follow the existing Specific Plan, which would require only the following public improvements to be constructed by Applicant for Oaks Avenue, Eucalyptus Avenue, Notre Dame Avenue, and/or Satterfield Way:

1. removing and/or repairing any damaged, broken, abandoned, or sub-standard improvements resulting from the project;
4 We will be filing a Public Records Act request to receive all relevant information on the improvements subject to bonds and all communications related thereto.

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2. asphalt concrete overlay over areas where there are required street improvements along fronting streets;

3. proposed service connections to the existing Public Main Utilities shall be constructed using revised as-built plans and following City standards for street trenching backfill and repair; and

4. proposed driveway approaches shall be constructed per City Std. No. 250 with 5-ft sidewalks, minimum width shall be 30-ft and minimum radii per City and Chino Valley Independent Fire District (CVIFD) requirements.

We request that the City Council reconsider its position on the improvements set forth in Conditions 2.7 and 2.8 and modify the conditions as requested. Otherwise, denial of the Project or approval of the Project with conditions 2.7 and 2.8 as written is unlawful and will subject the City to significant liability, as discussed in more detail below.

C. The Specific Plan Supersedes the Zoning Code and the City Council Has the Authorization To Modify the Conditions

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Park Specific Plan development procedures, regulations and standards shall supersede the relevant provisions of the City’s Zoning Ordinance as they currently exist or as subsequently amended in the future. Any development regulation not directly addressed in the Specific Plan shall be subject to the City’s adopted regulations in place at the time of the individual request.” To the extent that the City relies on CMC Section 12.08.020, we request the City Council grant a modification pursuant to CMC Section 12.08.070 to create consistency between the Project and the Specific Plan and avoid significant legal liability. CMC Section 12.08.070 allows, “[i]n unusual conditions or when compliance with the provisions of [Chapter 12.08] would constitute an extreme hardship or would be impractical, the city council may, upon written request of the property owner, modify the requirements contained in this chapter as it may deem fit.” Given the history described above with the Master Developer, the scope of the work required under Conditions 2.7 and 2.8 is an unusual condition and would constitute an extreme hardship and would be impractical for the reasons stated within this letter.

II. Providing No Evidence To Support Determination On Project Violates State And Local Law And Denies Procedural Due Process Rights.

On June 23, 2022, Applicant received a notice of Planning Commission action denying the Project. In a single sentence, the notice states: “On June, 20, 2022, the Chino Planning Commission denied your application, described above” (emphasis original). The paragraph following this sentence describes the appeal process. Not only was the Planning Commission’s denial of the Project not supported by substantial evidence (or any evidence at all), it completely contradicted the findings and the supporting factual evidence in the staff report attached to the June 20, 2022 agenda (“Staff Report”) without citing any evidence that would counter the findings and evidence provided therein. The failure to provide findings supported by substantial evidence violates state and local law and constitutionally protected procedural due process rights.

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Since we are left to guess about the Planning Commission’s reasons for denying the Project, we reserve the right to modify this appeal based upon any clarification the City may provide about the reason for denial.

A. The City Failed to Make Findings to Substantiate the Denial Failure to provide findings supported by substantial evidence violates the Subdivision Map Act (Gov. Code § 66410 et seq.) and CMC provision implementing these statutes. The Subdivision Map Act identifies specific circumstances in which a tentative map may be denied. (Government Code §§ 66473.1, 66474, 66474.4, 66474.5, and 66474.6.) Chapter 19.02 of the CMC governs tentative parcel maps pursuant to the Subdivision Map Act, and CMC Sections 19.02.080 requires approval of a tentative map if the identified findings are made. Without findings supporting the Planning Commissions reasons for denying the Project, there is no way of determining whether the City complied with Section

19.02.080 and the Subdivision Map Act. Further, CMC Section 19.02.070 requires that the Planning Commission provide a statement of the reason and authority for disapproval of a tentative map. No such statement of the reason was provided at the public hearing or in the notice of Planning Commission action.

Furthermore, even without the explicit statutory requirement, courts have determined that a city must make findings supported by substantial evidence in conjunction with quasi-judicial proceedings (such as those involved in land use permit requests). (Code of Civil Procedure § 1094.5; Topanga Association for a Scenic Community v. County of Los Angeles (1974) 11 Cal.3d 506, 514-15.) As stated above, the Planning Commission made no findings whatsoever in relation to the denial of the Project. As such, any reviewing court would invalidate the denial for being arbitrary and capricious.

While no findings were made in the Planning Commission’s denial of the Project, the Planning Commission discussed traffic concerns. To the extent that this was a basis for denial, then such denial is contrary to the California Environmental Quality Act (Pub. Res. Code § 21000 et seq.) (“CEQA”). CEQA requires that the City’s determinations about environmental impacts are accompanied with findings that are supported by substantial evidence. (Pub. Res. Code §§ 21080(c)-(e), 21082.2(c); 14 Cal. Code Regs. §§ 15064(f)(5)–(6), 15384.) If the denial was based on traffic concerns, or any concerns about environmental impacts, such a determination would not be consistent with the City’s own analysis in the Specific Plan EIR and the findings made in the Staff Report, which state that the Project is within the scope of the Specific Plan EIR, which is incorporated herein, and thus covered by its analysis. Indeed, the Project is actually less intense than the originally contemplated development in the Specific Plan.

Accordingly, this is not a legitimate basis for denial of the Project.

B. The City Violated Applicant’s Due Process Rights
The City may not deprive a person of a significant property interest without due process of law, which requires that the City provide a fair process free from bias and according to the procedures set out by the law. (U.S. Constitution, 5th Amendment; Harris v County of Riverside ( 9th Cir. 1990) 904 F.2d
497, 503; Cal. Constitution, Article I, § 7.) While it is true our client has no right to approval of the Project given the discretionary entitlements involved, however, the Project is entitled to the procedural safeguards established by state and local law. As discussed above, the City did not comply with state and local law governing the procedures to consider the Project’s entitlement requests in violation of our client’s constitutionally protected procedural due process rights. Further, the City has demonstrated a

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bias against our client in favor of the Master Developer by refusing to approve the Project until the Applicant agrees to construct improvements for which Master Developer is responsible under the Specific Plan and its original conditions.

III. Requiring Improvements Already Mandated as Part of a Separate Project Violates State and Local Law and Results in an Unconstitutional Taking.

The Staff Report for the Project identifies more than 100 conditions of approval. At the June 20, 2022 Planning Commission hearing for the Project, the Applicant requested that the Planning Commission make minor modifications to the conditions of approval, as detailed above. The only change requested to the over 100 conditions of approval is that Applicant, as a Builder defined in the Specific Plan, be responsible only for the construction and/or payment of those off-site improvements as is mandated of the Builder by the Specific Plan and the conditions of approval attached to the Specific Plan’s original approval. The Applicant has no objection whatsoever to constructing the improvements that address the Project-specific impacts and are not covered by previous approvals and their associated conditions. However, as described in detail above, many of the improvements required by Conditions

2.7 and 2.8 are duplicative of work already required to be constructed as part of other approvals. The City’s insistence that the Project construct and/or pay for improvements for which the original Master Developer is responsible violates the federal and California constitution, in addition to state and local law. Accordingly, this is not a legitimate basis for denial of the Project.

While state and local law allows the Planning Commission to attach reasonable conditions to site approvals, special conditional use permits and tentative maps that address the proposed use at its proposed location, conditions of development approval must bear a nexus between the impact caused by new development and the dedication designed to mitigate those impacts. (Nollan v. California Coastal Commission (1987) 483 US 825, 107 [“Nollan”].) The City bears the burden of demonstrating that the required condition is roughly proportional to the nature and extent of the impact of the proposed development. (Dolan v. City of Tigard (1994) 512 US 374, 114 [“Dolan”]; Ehrlich v. City of Culver City (1996) 12 Cal.4th 854, 869.) In Alliance for Responsible Planning v. Taylor (2021) 63 Cal.App.5th 1072 (“Alliance”), the court invalidated as a taking under Nollan/Dolan a county voter initiative requiring developers to construct road improvements to mitigate traffic impacts of the applicant’s single development in addition to all anticipated future cumulative development. The court found this constituted an exaction that “clearly exceeds the developer’s fair share because it is not roughly proportional to the project’s traffic impact it seeks to address.” (Alliance for Responsible Planning, 63 Cal.App.5th at 1081.) Just like the initiative in Alliance, the City is attempting to force the Project to construct off-site improvements that would address the impacts of the greater Specific Plan area beyond the contribution and scope of the Project.

The Mitigation Fee Act contains similar nexus requirements. Specifically, when the City imposes an exaction as a condition of approval of a development project, it must determine how there is a reasonable relationship between the exaction’s use and the type of development project on which it is imposed and how there is a reasonable relationship between the need for the public facility and the type of development project on which it is imposed. (Gov. Code Sec. 66001.) Accordingly, the Mitigation Fee Act prohibits the City from conditioning the Project with the construction of improvements that address impacts beyond the Project’s contribution and scope.

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Further, not only is the City attempting to condition the Project with improvements beyond its impacts, such improvements are already covered by the Specific Plan and the conditions of approval associated with the Specific Plan. As demonstrated in Table 2 in Section F of the Specific Plan Design Guidelines, the Master Developer is responsible for the off-site improvements being required of the Project. Because these improvements are already covered by previous approvals and associated conditions, there are no impacts to address and the City is essentially double dipping.

It is important to note that Condition 2.8 requires that the Project remedy the substandard accessibility improvements approved by the City and constructed by the Master Developer. Yet, the City already admitted that these deficiencies are the responsibility of the Master Developer. A grievance was filed with the City on December 11, 2019 alleging violations of the Americans with Disabilities Act, including curbs, sidewalks, crosswalks and ramps on Eucalyptus Avenue at Satterfield Way. After an investigation, which “took some time to address due to the history of the area and need to develop an understanding of any required remediation,” the City stated in a letter to the Master Developer dated May 20, 2020, “we conclude that [Master Developer] retains responsibility for addressing the conditions that are the subject of this grievance.” (See Attachment A, 2020 Grievance Response to Master Developer; see also Attachment D, 2020 Grievance Response to Author, which is a May 28, 2020 letter from City to the author of the grievance where the City again states that it is the Master Developer’s responsibility to fix the improvements addressed in the grievance.) Now, the City improperly seeks to shift this responsibility to Applicant in Conditions 2.8. This is inequitable and unlawful where the City has outstanding bonds for such improvements and where the Specific Plan allocates responsibilities otherwise. If the City has a dispute with the Master Developer, it must deal with that separate and apart from this Project.

IV. Requiring Improvements Inconsistent with the Specific Plan Violates State Law Regarding Specific Plans.

State Planning and Zoning Law regarding Specific Plans (Gov. Code Secs. 65450 - 65457) prohibits the City from adopting any project that is inconsistent with an adopted specific plan. (Gov.

Code § 65455.) A Specific Plan is required to provide “proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities” and “a program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry” the Specific Plan. (Gov. Code § 65451.)
The College Park Specific Plan is established through the authority granted to the City, by the California Government Code, Title 7, Division 1, Chapter 3, Article 8, Sections 65450 through 65457 (Specific Plans). (Specific Plan, p. 1-19.) Therefore, the City must only approve projects that are consistent with the Specific Plan, including the implementation program that covers the financing measures necessary to carry the Specific Plan. If the City intends to amend the Specific Plan, including Table 2 of Section F of the Specific Plan Design Guidelines, to shift responsibility of certain public improvements construction from the Master Developer to another party, the City must revise the Specific Plan pursuant to Gov. Code Sec. 65453. The City cannot pick and choose which provisions of the Specific Plan to enforce.

We respectfully request that the City Council approve this appeal and the Project with the requested modifications to Conditions 2.7 and 2.8 as requested. We reserve any and all rights to

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supplement this appeal, including, but not limited to, the responses to a soon to be filed Public Records Act Request, and any and all other documents or explanation received from the City.

Sincerely,
Elisa Paster
Managing Partner
of RAND PASTER & NELSON, LLP
EP:smd
Attachments

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DEVELOPMENT RESPONSIBILITIES AND REQUIREMENTS
COLLEGE PARK DESIGN GUIDELINES F-3
F

Table 2

MASTER IMPROVEMENTS & MAINTENANCE MATRIX
Responsible Entities: Master Developer/Developer (MD), Builder (B), City (C), Chaffey College (College),Chino ValleyUnified School District (CVUSD), Flood Control District (FCD), Master HOA (HOA), Sub-Area HOA (Sub-HOA), StateDepartment of Transportation (D.O.T.)

IMPROVEMENT CONSTRUCTION OWNERSHIP MAINTENANCE
(Refer to Figure F-1)
Infrastructure
Sewer System MD/B C C Water System MD/B C C Storm Drain System MD/B C C Cypress Channel MD FCD 1 FCD aMagnolia Channel MD C HOA Water Quality Basins MD C HOA Water Quality Basin - College College College College Traffic Signals/Related Equipment MD C C Entries(Refer to Section E.4 for MonumentationMap, Figure E-12) Community Arrivals MD HOA HOA Primary Community Entries MD HOA HOA Secondary Community Entries MD HOA HOA Neighborhood Primary Entries MD/B HOA HOA Neighborhood Secondary Entries B HOA HOA 1 As of the preparation of this document, the Flood Control District (FCD) does not own/maintain Cypress Channel through the Collect Park boundary.

Cypress Channel will be designed per FCD Standards in anticipation of ownership and maintenance by FCD. This will occur subsequent to adoption of this document.

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COLLEGE PARKF-4 DESIGN GUIDELINES
F
Table 2

IMPROVEMENT CONSTRUCTION OWNERSHIP MAINTENANCE
Village Garden Corners MD HOA HOA
Street System
(Refer to Section E.3 for Street Tree Master Plan, Figure E-1) Oaks Avenue MD C C Roundabout MD C HOA/C 2Eucalyptus Avenue MD C HOA/C Mountain Avenue MD C C "A" - Street MD C C "B", "C", "D" - Streets MD C C "E" - Street MD C C "F" - Street MD C C Alleys B Sub-HOA Sub-HOA Landscape Parkways & Medians Oaks Avenue + Landscape Easements MD HOA HOA Eucalyptus Avenue MD HOA HOA Mountain Avenue MD HOA HOA "A" - Street (north side) MD/C C C "A" - Street (south side) MD/College HOA/College HOA/College "A" - Street (median) MD/College HOA/College HOA/College 2 The City will maintain the pavement and sidewalk only.

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COLLEGE PARK DESIGN GUIDELINES F-5
F
Table 2

IMPROVEMENT CONSTRUCTION OWNERSHIP MAINTENANCE
"B", "C", "D" - Streets (pkwy only) MD HOA HOA "E" - Street (pkwy only) MD HOA HOA "F" - Street (pkwy only) MD HOA HOA Edison Avenue MD C/HOA C/HOA Euclid Avenue MD D.O.T. C/HOA 3San Antonio Ave MD HOA HOA San Antonio Ave (north of project site) MD C C Street Furniture MD MD MD Street Lighting MD C HOA School School Site CVUSD CVUSD CVUSD Parks
(Refer to Section E.9 for Open Space Map,Figure E-14)
Ruben S. Ayala Community Park C C C Community Center Building College C/College C/College Mountain Avenue Park MD HOA HOA Eucalyptus Avenue Park MD HOA HOA Neighborhood Park - B B HOA HOA 3 The City’s maintenance responsibility includes only the sidewalk.

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COLLEGE PARKF-6 DESIGN GUIDELINES
F
Table 2

IMPROVEMENT CONSTRUCTION OWNERSHIP MAINTENANCE
Neighborhood Park - C B HOA HOA Neighborhood Park - D B HOA HOA Neighborhood Park - E B HOA HOA Neighborhood Park - F B HOA HOA Neighborhood Park - G B HOA HOA Neighborhood Park - H B HOA HOA Community Recreation Facility MD HOA HOA Open Space(Refer to Section E.9 for Open Space Map,Figure E-14) SCE Easement Magnolia Channel MD SCE HOA SCE Easement Edison Avenue MD SCE HOA/C Cypress Channel MD FCD FCD C.I.M. Buffer ("D" Street) MD HOA HOA Landscaped Lettered Lots MD/B HOA HOA Trails (Refer to Section E.9 for Open Space Map,Figure E-14) Multi-Use Oaks/Eucalyptus MD HOA/C HOA/C Multi-Use "A" Street C/College C/College C/College SCE Easement Edison Avenue MD HOA HOA Magnolia Channel MD HOA HOA Water Quality Basin Trail MD HOA HOA

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DEVELOPMENT RESPONSIBILITIES AND REQUIREMENTS
COLLEGE PARK DESIGN GUIDELINES F-7
F
Table 2

IMPROVEMENT CONSTRUCTION OWNERSHIP MAINTENANCE
Sub-Area Pedestrian Paseo MD HOA HOA SubArea H8 Equestrian Trail Connection B HOA HOA
Equestrian Trail - San Antonio 4 MD HOA/C HOA/C
Perimeter Walls(Refer to Section E.12 for Wall & Fence Plan,Figure E-16) C.I.M. Wall MD HOA/College HOA/College/CityEdison Avenue MD HOA HOA San Antonio MD HOA HOA Euclid Avenue 5 B HOA HOA Wastewater Treatment Plant MD HOA HOA Estate Lots MD HOA HOA Eucalyptus Wall MD HOA HOA Cypress Channel Fence / Pony wall MD/B HOA HOA Magnolia Channel MD/B HOA HOA RV Parking Area Improvements MD HOA HOA Retail/Commercial Village Center B B B
4 The HOA shall maintain those areas adjacent to the Specific Plan area, while the City shall maintain the equestrian trail north of the Specific Plan area. 5 Sound wall or alternative sound attenuation opportunities may be applied upon completion of an acoustical study and approval by the City.

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Appeal of Denial of The Campus at College Park Packet Pg. 514

DEVELOPMENT RESPONSIBILITIES AND REQUIREMENTS
COLLEGE PARKF-8 DESIGN GUIDELINES
F
F.3
– Master Developer/Developer
Construction Responsibilities
The Master Developer/Developer will be responsible for the installation and improvements for the backbone roadways and open space areas, as shown on Figure F-1, Developer Construction Responsibilities. To ensure continuity throughout the community, the Master Developer/Developer will install an expanded area along Oaks Avenue, Village Circle, and the “A” Street Entry. F.3.1 – Oaks Avenue
The primary entry to the project will be Oaks Avenue, with monuments standing as a visual landmark for motorist, creating a “sense of place”. The Master Developer/Developer will be responsible for areas expanding onto multiple parcels.

KEY MAP

OAKS AVENUE
LEGEND Limit of Work
Cross Section

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DEVELOPMENT RESPONSIBILITIES AND REQUIREMENTS
COLLEGE PARK DESIGN GUIDELINES F-9
F

SECTION A – SCE Easement
SECTION B – Oaks Avenue
SECTION C – Oaks Avenue

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DEVELOPMENT RESPONSIBILITIES AND REQUIREMENTS
COLLEGE PARKF-10 DESIGN GUIDELINES
F
F.3.2
– Village Circle
As part of the entry sequence, from Oaks Avenue, the Village Circle is the focal point of the community. The area includes the roundabout, Oaks Avenue, and a small segment of “A” Street and Eucalyptus Avenue. The Master Developer/Developer will be responsible for areas expanding onto multiple parcels.

KEY MAP

VILLAGE CIRCLE
LEGEND Limit of Work
Cross Section

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DEVELOPMENT RESPONSIBILITIES AND REQUIREMENTS
COLLEGE PARK DESIGN GUIDELINES F-11
F

SECTION B – Village Circle SECTION C – Village Circle SECTION D – Village Circle SECTION A – “A” Street

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DEVELOPMENT RESPONSIBILITIES AND REQUIREMENTS
COLLEGE PARKF-12 DESIGN GUIDELINES
F
F.3.3
– ‘A’ Street
Bordered by Ruben S. Ayala Community Park and CIM property, “A” Street at Central provides a secondary access to the project. To ensure continuity throughout the College Park community the Master Developer/Developer will be responsible for the installation and maintenance of the “A” Street entrance. The City of Chino will review and approve final designs prior to construction of the “A” Street entry.

KEY MAP
LEGEND Limit of Work
Cross Section
Ruben S. Ayala Community Park

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Appeal of Denial of The Campus at College Park Packet Pg. 519

DEVELOPMENT RESPONSIBILITIES AND REQUIREMENTS
COLLEGE PARK DESIGN GUIDELINES F-13
F
SECTION A – “A” Street
(7’ min.)

11.23.c
Appeal of Denial of The Campus at College Park Packet Pg. 520 Attachment D

11.23.c
Appeal of Denial of The Campus at College Park Packet Pg. 521 EUNICE M . ULLOA M ARK HARGROVE M MARC LUCIO ayor
PAUL A. RODRIGUEZ Ed.D .

TOM HAUGHEY Council M embers
Mayor Pro Tern
CITY of CHINO
May 28, 2020

VIA EMAIL

RETURN RECEIPT REQUESTED
Mr. Stubbie Barr
<[email protected]>
Re: Grievance Received by City
Improvements at Tract Map No. 16838
Dear Mr. Barr:

M ATTHEW C. BALLANTYNE
Ci1y Manager
As you know, I have been communicating with you in response to your December 19, 2019, grievance alleging violations of the Americans with Disabilities Act (ADA) as found at Title 28 of the Code of Federal Regulations, Section 35.107(a) in connection with improvements at the above Tract. The City has done a preliminary analysis of the issues you raise and researched the ownership of the improvements in question since our receipt of your grievance.

We have confirmed that the improvements in question have never been accepted by the City. This evaluation took some time to address due to the history of the area and need to develop an understanding of any required remediation. However, we conclude that SCC/College Park, LLC retains responsibility for addressing the conditions that are the subject of the grievance. As such, the City has requested that SCC/College Park, LLC address your grievance.

The City is unable to implement any of the required improvements since it is not in possession or control of the improvements at issue until such time as the City formally accepts those improvements by action of the City Council. The City takes your grievance seriously and will work with the developer and press for a timely resolution of the issues. Should this proposed plan of action be unnecessarily delayed, the City will investigate the possibility of remediating the deficiencies as part of its program access obligations. We are prepared to share any information we have on any appropriate remediation of the improvements and will let you know how our discussions and efforts in this regard progress.
1322 0 Centr a l Aven ue, Chi no, Ca liforn ia 9 171 0
Ma ilin g Add ress: P.O . Box 667, C hino , Ca lifo rn ia 9 1708-0667 (909) 334-3250 • (909) 334-3720 Fax
Web Si t e : www.c it yofc hino.or g

11.23.c
Appeal of Denial of The Campus at College Park Packet Pg. 522 Mr. Stubbie Barr
Re: Grievance Received by City
Improvements at Tract Map No. 16838
May 28, 2020

Page 2 ends

In the meantime, please let me know if you have any questions.

Sincerely,
~er-- Accessibility Coordinator
Enclosures
cc: Nicholas S. Liguori, AICP, Director of Development Services Matt Ballantyne, City Manager
Fred Galante, City Attorney

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Appeal of Denial of The Campus at College Park Packet Pg. 523 01225.0005/813665.1
RESOLUTION NO. 2022-056

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

CALIFORNIA, GRANTING UNITED TRUST REALTY
CORPORATION’S APPEAL AND APPROVING PL21-0004 (SITE
APPROVAL), PL21-0005 (SPECIAL CONDITIONAL USE PERMIT)
AND PL21-0028 (TENTATIVE TRACT MAP NO. 20348) TO
SUBDIVIDE A 7.53-ACRE PROJECT SITE INTO TWO PARCELS FOR

THE DEVELOPMENT OF A COMMERCIAL CENTER, TOTALING
50,630 SQUARE FEET OF COMMERCIAL RETAIL, OFFICE AND

RESTAURANT SPACE, AND TO DEVELOP AND CONDITIONALLY
PERMIT A 27,000 SQUARE FOOT CHURCH IN THE MIXED USE (MU)

LAND USE DESIGNATION WITHIN THE COLLEGE PARK SPECIFIC

PLAN, LOCATED NORTH OF EUCALYPTUS AVENUE, WEST OF

SATTERFIELD WAY, SOUTH OF NOTRE DAME AVENUE, AND EAST
OF OAKS AVENUE (APN: 1026-251-01).

WHEREAS, the City of Chino (the “City”) adopted the College Park Specific Plan on September 7, 2004; and
WHEREAS, United Trust Realty Corporation (the “Applicant”), has filed an application with the City for approval of PL21-0004 (Site Approval), PL21-0005 (Special Conditional Use Permit) and PL21-0028 (Tentative Tract Map No. 20348) to subdivide a

7.53-acre project site into two parcels and develop a commercial center, totaling 50,630 square feet of commercial retail, office and restaurant space, and to develop and conditionally permit a 27,000 square foot church in the Mixed Use (MU) land use designation within The College Park Specific Plan, located north of Eucalyptus Avenue, west of Satterfield Way, south of Notre Dame Avenue, and east of Oaks Avenue (APN: 1026-251-01) (the “Project”); and
WHEREAS, in compliance with the California Environmental Quality Act (CEQA), the Project is within the scope of the previously certified College Park Specific Plan – Final EIR (State Clearinghouse No. 2002071120) originally adopted on September 7, 2004, which adequately describes the proposed activity for the purposes of CEQA. The EIR satisfies the requirements of CEQA and the CEQA Guidelines (California Public Resources Code §§21000 et seq.; 14 Cal. Code Regs. §§ 15000 et seq.) pursuant to Sections 15080 through 15097 of the CEQA Guidelines; and WHEREAS, on June 20, 2022, the Planning Commission held a duly noticed public hearing for the Project in compliance with law, and, after entertaining the written and oral report of staff, and taking public testimony, denied the Project; and WHEREAS, applicant filed a timely appeal; and
WHEREAS, on September 6, 2022, the City Council held a duly noticed public hearing to consider applicant’s appeal.

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01225.0005/813665.1
NOW, THEREFORE, the City Council of the City of Chino, California, does hereby FIND, DETERMINE, and RESOLVE as follows:

A. The foregoing recitals are true and correct and incorporated herein.

B. Based on substantial evidence, both written and oral, from the public hearing, the City Council makes the following findings and takes the following actions on the appeal and on PL21-0004 (Site Approval), PL21-0005 (Special Conditional Use Permit) and PL21-0028 (Tentative Tract Map No. 20348):

1. PL21-0004 (Site Approval)
a. The proposed Project is consistent with the goals and policies of the City’s adopted General Plan and/or applicable specific plan(s). General Plan, Goal LU-1 and CC-3, encourages pedestrian oriented commercial development that will support and enhance vibrant commercial areas and serve existing neighborhoods. The Project will serve the surrounding neighborhoods and has been designed for pedestrian use by providing 12-foot-wide sidewalks along the commercial storefronts along Oaks Avenue, the roundabout, and Eucalyptus Avenue. In addition, an open space area (0.52 acre), known as the Plaza is provided at the roundabout, designed as a space for the pedestrians as a space for social gatherings comprised of an open lawn, stage, public art piece, planter walls, and outdoor dining area. Further, the Project is located in The College Park Specific Plan and is in compliance with The College Park Specific Plan development standards and Design Guidelines;
b. The proposed Project is permitted within the zoning district in which it is proposed and complies with all applicable provisions of the City’s Zoning Ordinance. The Project is permitted in the MU land use designation of The College Park Specific Plan and complies with all the applicable provisions of the City’s Zoning Ordinance, The College Park Specific Plan, and The College Park Design Guidelines;
c. The subject site is physically suitable, including, but not limited to, parcel size, shape, access, and availability of utilities, for the type and intensity of development proposed, as all minimum zoning requirements governing parcel size, shape, access, type of intensity of development have been met or exceeded. The proposed Project is consistent with the development standards and guidelines for uses within the MU land use designation of The College Park Specific Plan, The College Park Design Guidelines, and the City Zoning Ordinance;
d. The subject site relates to streets and highways properly designed, both as to width and type of pavement to carry the type and quantity of traffic

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01225.0005/813665.1
generated by the proposed Project, in that Oaks and Eucalyptus Avenues are designed as primary arterial streets and access to the project site is provided from three driveway approaches off of Notre Dame Avenue and one driveway approach off of Eucalyptus Avenue that have been designed to carry the type of traffic expected to visit the site; e. The proposed Project is compatible with those on abutting properties and in the surrounding neighborhood in that the project site is surrounded by Chaffey College to the west and southwest, and multi-family residential to the north, east, and southeast, where a 56-foot right-of-way for Notre Dame Avenue and a 76-foot right-of-way for Satterfield Way separates the existing residential uses from the proposed Project;
f. The proposed location, size, and operating characteristics of the proposed Project will not be detrimental to the public interest, health, safety or general welfare, as the Project is consistent with the MU land use designation of The College Park Specific Plan and existing surrounding uses. In addition, certain safeguards have been required of the proposed Project, which the City Council deems necessary to protect the public health, safety, and general welfare. These safeguards (Conditions of Approval) are attached hereto as Exhibit “A”;
g. The proposed Project will not have a significant adverse impact on the environment, as the Project is within the scope of the previously certified College Park Specific Plan - Final EIR (State Clearinghouse No. 2002071120) originally adopted on September 7, 2004, which adequately describes the proposed activity for the purposes of CEQA. The EIR satisfies the requirements of CEQA and the CEQA Guidelines (California Public Resources Code §§21000 et seq.; 14 Cal. Code Regs. §§ 15000 et seq.) pursuant to Sections 15080 thru 15097 of the CEQA Guidelines; and h. The minimum safeguards necessary to protect the public health, safety and general welfare have been required of the proposed Project and have been imposed as conditions of Project approval by the City Council. In addition, certain safeguards have been required of the Project, which the City Council deems necessary to protect the public health, safety, and general welfare.

These safeguards (Conditions of Approval) are attached hereto as Exhibit “A”. Further, the Project meets all required development standards and policies pertaining to commercial and church uses in the City and The College Park Specific Plan.

2. PL21-0005 (Special Conditional Use Permit)
a. The proposed use is consistent with the goals and policies of the City's adopted General Plan and/or applicable specific plan(s). Goal CC-2, that encourages development that creates community identity and supports

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01225.0005/813665.1
Chino’s small-town character in that the proposed community scale church provides community identity and a small-town feel. In addition, a community scale church is conditionally permitted in the MU land use designation of The College Park Specific Plan and the proposed use meets all applicable development standards set forth;
b. The subject site is physically suitable, including, but not limited to, parcel size, shape, access, and availability of utilities, for the type and intensity of use proposed, as all minimum zoning requirements governing parcel size, shape, access, type of intensity of development have been met or exceeded. The proposed church development is consistent with the development standards and guidelines for uses within the MU land use designation of The College Park Specific Plan, The College Park Design Guidelines, and the City Zoning Ordinance;
c. The subject site relates to streets and highways properly designed, both as to width and type of pavement to carry the type and quantity of traffic generated by the proposed use, in that Oaks and Eucalyptus Avenues are designed as primary arterial streets and access to the project site is provided from three driveway approaches off of Notre Dame Avenue and one driveway approach off of Eucalyptus Avenue that have been designed to carry the type of traffic expected to visit the site; d. The proposed use is compatible with those on abutting properties and in the surrounding neighborhood in that the project site is surrounded by Chaffey College to the west and southwest, and multi-family residential to the north, east, and southeast, where a 56-foot right-of-way for Notre Dame Avenue and a 76-foot right-of-way for Satterfield Way separates the existing residential uses from the proposed community scale church use; e. The proposed location, size, and operating characteristics of the proposed use will not be detrimental to the public interest, health, safety or general welfare, as the community scale church use, with the approval of a Special Conditional Use Permit, is consistent with the MU land use designation of The College Park Specific Plan and existing surrounding uses. In addition, certain safeguards have been required of the proposed Project, which the City Council deems necessary to protect the public health, safety, and general welfare. These safeguards (Conditions of Approval) are attached hereto as Exhibit “A”;
f. The proposed use will not have a significant adverse impact on the environment, as the Project is within the scope of the previously certified College Park Specific Plan - Final EIR (State Clearinghouse No. 2002071120) originally adopted on September 7, 2004, which adequately describes the proposed activity for the purposes of CEQA. The EIR satisfies the requirements of CEQA and the CEQA Guidelines (California Public

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01225.0005/813665.1
Resources Code §§21000 et seq.; 14 Cal. Code Regs. §§ 15000 et seq.) pursuant to Sections 15080 thru 15097 of the CEQA Guidelines; and g. The minimum safeguards necessary to protect the public health, safety and general welfare have been required of the proposed use and have been imposed as conditions of Project approval by the City Council. In addition, certain safeguards have been required of the Project, which the City Council deems necessary to protect the public health, safety, and general welfare.

These safeguards (Conditions of Approval) are attached hereto as Exhibit “A”. Further, the Project meets all required development standards and policies pertaining to commercial and church development in the City and The College Park Specific Plan.

3. PL21-0028 (Tentative Tract Map No. 20348)
a. Consistency with plans. The proposed subdivision, together with the provisions for its design and improvements, is consistent with the City’s General Plan and The College Park Specific Plan, which designates the Project site for commercial and church uses. The Project is a proposal to subdivide a 7.53-acre project site into two parcels for the development of a commercial center and church in the MU land use designation of The College Park Specific Plan;
b. Consistency with zoning. The proposed subdivision is consistent with the provisions of the Chino Zoning Ordinance and The College Park Specific Plan as the parcel map will meet the standard requirements of the MU land use designation of The College Park Specific Plan. Additionally, there are no minimum lot size, width or depth requirements in the MU land use designation;
c. Suitability. The site is physically suitable for commercial and church development because all required on and off-site improvements are necessary to accommodate such development will be provided in accordance with City requirements. The site is flat and does not have any development constraints that would hinder commercial and church development, and the parcel map being created is of sufficient size and dimensions to accommodate such use in accordance with the requirements of The College Park Specific Plan;
d. Environmental damage. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The Project is within scope of the previously certified College Park Specific Plan - Final EIR (State Clearinghouse No. 2002071120);

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01225.0005/813665.1
e. Wastewater. The discharge of waste from the proposed subdivision into a community sewer system will not result in violation of existing requirements prescribed by a California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000 of the Water Code); f. Water service. The review of the City Engineer or water service agency indicates that there is sufficient water to provide for the tenants of the subdivision. The EIR considered the capacity of existing water system and found it adequate;
g. Soils and geology. There are no adverse soil or geological conditions, according to a soils report provided within the previously certified College Park Specific Plan - Final EIR (State Clearinghouse No. 2002071120) originally adopted on September 7, 2004, which adequately describes the proposed activity for the purposes of CEQA. The EIR satisfies the requirements of CEQA and the CEQA Guidelines (California Public Resources Code §§21000 et seq.; 14 Cal. Code Regs. §§ 15000 et seq.) pursuant to Sections 15080 thru 15097 of the CEQA Guidelines; h. Public Health. The design of the subdivision or the type of improvement will not cause serious public health problems because full public improvements will be provided and will also be designed and constructed in conformance with City standards as well as applicable State and federal regulations; i. Easements. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. Covenants, Codes, and Restrictions (CC&Rs) are required to be recorded with the final map and will include provisions for reciprocal agreement to assure maintenance of all common areas, including landscaping, site access points and off-street parking areas, and to assure common ingress and egress between parcels;
j. Environmental documentation. The environmental documentation is adequate and conforms with the provisions of the California Environmental Quality Act. The Project is within the scope of the previously certified College Park Specific Plan – Final EIR (State Clearinghouse No. 2002071120) originally adopted on September 7, 2004, which adequately describes the proposed activity for the purposes of CEQA. The EIR satisfies the requirements of CEQA and the CEQA Guidelines (California Public Resources Code §§21000 et seq.; 14 Cal. Code Regs. §§ 15000 et seq.) pursuant to Sections 15080 thru 15097 of the CEQA Guidelines; and k. Agricultural suitability. The proposed subdivision will not result in the subdivision of agricultural parcels to a size too small to sustain agricultural use under the conditions for denial listed in Section 66474.4 of the

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01225.0005/813665.1
Subdivision Map Act as the project is not currently encumbered with any Williamson Act contracts.

4. Special Findings of Fact
a. The proposed development is consistent with the City’s adopted Airport Comprehensive Land Use Plan (ACLUP) and the applicable provisions of the City’s Zoning Ordinance, in that the proposed Project is located within Aviation Safety Zone III, and the proposed use, which consists of commercial and church development, is considered a normally acceptable use within these zones;
b. The Project complies with the provisions of the College Park Specific Plan including the Traditional Neighborhood Design Guiding Principles listed in Section 1 Introduction, which are: the Project creates a community with a central focus that combines commercial and cultural uses; the Project creates a Main Street environment by designing a pedestrian oriented development with storefronts oriented towards the streets; and the Project creates a space for social gatherings by providing an open space area (0.52-acre), known as the Plaza, which is located at the roundabout; c. Areas intended for public use, such as public plazas, trails, sidewalks, schools, recreational facilities and paseos, are coordinated among neighborhoods and that the streetscape, landscape, hardscape and public amenities are mutually compatible;
d. The development proposal complies with the applicable design guidelines of the College Park Specific Plan, any applicable subsequent design guidelines, and is compatible with the surrounding areas including, but not limited to, building design and placement, colors, materials, height, massing and the design of paseos, trails, and other public facilities; and e. Consideration and application of public safety and security are incorporated into the project design, in that decorative gates will be installed at the stairways on the first floor of the commercial buildings to prevent people from accessing the second floor during non-business hours. In addition, lighting will be provided throughout the project site to properly illuminate the site during dusk to dawn.

5. CEQA Findings. The environmental documentation is adequate and conforms with the provisions of CEQA. The Project is within the scope of the previously certified College Park Specific Plan – Final EIR (State Clearinghouse No. 2002071120) originally adopted on September 7, 2004, which adequately describes the proposed activity for the purposes of CEQA. The EIR satisfies the requirements of CEQA and the CEQA Guidelines (California Public Resources Code §§21000

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et seq.; 14 Cal. Code Regs. §§ 15000 et seq.) pursuant to Sections 15080 thru 15097 of the CEQA Guidelines.

6. Grant of appeal and approval of PL21-0004 (Site Approval), PL21-0005 (Special Conditional Use Permit) and PL21-0028 (Tentative Tract Map No. 20348). The City Council hereby grants applicant’s appeal and approves PL21-0004 (Site Approval), PL21-0005 (Special Conditional Use Permit) and PL21-0028 (Tentative Tract Map No. 20348) subject to the Conditions of Approval attached hereto as Exhibit “A”. Applicant, including its successors and assigns, shall be responsible for implementing and complying with all conditions set forth in Exhibit “A”.

7. Actions by the City Clerk. The City Clerk is hereby directed to attest to the adoption of this Resolution as of the date set forth below and forthwith transmit a copy of this Resolution, by regular mail, to the Applicant at the address of record set forth in the Application.

PASSED, APPROVED, AND ADOPTED THIS 6
TH DAY OF SEPTEMBER 2022.

MAYOR
ATTEST:

CITY CLERK

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01225.0005/813665.1
State of California )
County of San Bernardino ) §
City of Chino )
I hereby certify the foregoing Resolution was duly adopted by the Chino City Council at a meeting held on the 6
th day of September 2022 and entered in the minutes of said Commission.

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

CITY CLERK
Attachment: Exhibit A – Conditions of Approval

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EXHIBIT A

DEVELOPMENT ENGINEERING DIVISION CONDITIONS OF APPROVAL (REVISED)
Reviewed/Approved By: JP Date: 8/29/22
PARCEL MAP NO. 20348
DATE: August 29, 2022 PC MEETING DATE: June 20, 2022
PROJECT DESCRIPTION: A subdivision of a 7.53 acre lot with a proposed Commercial/Retail/Restaurant/Office Buildings and Church PROJECT LOCATION: e/o Oaks Ave/Eucalyptus Ave, w/o Notre Dame Ave, n/o Satterfield Wy APPLICANT: United Trust Realty Group PROJECT ENGINEER: Jorge Alvarado

PRIOR TO THE FOUR 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.

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 Confirm dedications and easements have been made in accordance with Tract Map No. 16838-2 and the College Park Specific Plan for Eucalyptus Avenue, Oaks Avenue, Notre Dame Avenue, and Satterfield Way.

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

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

1.6 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.

1.7 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.

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

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

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1.10 Provide a Pedestrian Accessibility Route Plan that labels and indicates the path location and conceptual design of the following structures and facilities:
a. Sidewalks and walks (public right of way sidewalk, walks within the development); b. Curb ramps must be directional; except where indicated in the Pedestrian Accessibility Route Plan.
c. Vehicular crossings (at driveways);
d. Crosswalks (marked, unmarked, signalized); and
e. Path from right-of-way to recreation facilities (parks, restroom) and each feature pad area or commercial building pad

1.11 The Pedestrian Accessibility Route Plan requested in 1.10 should clearly indicate structures that are proposed with this site and future per other phases and/or site plans. Pedestrian facilities (privately or publicly owned) that are open to the public shall comply with accessibility standards in the CBC and ADA regulations per Part 36 of Title 28, which include the 2010 (ADA) Standards.

Applicant’s obligations to construct/repair/replace any publicly owned pedestrian facilities shall be limited to those identified in Condition no. 2.7.

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

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

2.1 Record Parcel Map No. 20348 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 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.

2.4 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.

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

2.6 Design and install a monitoring manhole (per City Standard No. 530) on each domestic sewer lateral connection from any industrial building into the City's main sewer or into a private sewer main that is tributary to the City's main sewer. In addition, design and install a sampling Wye on a stubbed-out sewer lateral connection into the main sewer for each industrial building in this development.

2.7 Design full public improvements for all impacted and interior streets/facilities which shall include public improvements designated as the responsibility of the Builder of Village Center pursuant to section F of the College Park Design Guidelines in accordance with the City Municipal Code,

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Appeal of Denial of The Campus at College Park Packet Pg. 534 PARCEL MAP NO. 20348 3 June 20, 2022
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.)

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Appeal of Denial of The Campus at College Park Packet Pg. 535 PARCEL MAP NO. 20348 4 June 20, 2022
Street Names
Oaks
Avenue(1)
Eucalyptus
Avenue(1)
Notre
Dame
Avenue
(1)
Satterfield
Way(1)
Curb & Gutter (Offset from Centerline)
Sidewalk (Width)
(2) X (12’) X (5’) X (5’) X(5’)
Asphalt Concrete Pavement on Aggregate Base
(Width from Centerline)
Asphalt Concrete Overlay(3) X X X X
Street Lights
Median Island and Landscaping
Parkway Landscaping
Striping and Traffic Controls
Traffic Signal Interconnect
Traffic Signal Modification
Conduit System for CATV
Sewer
Storm Drain(4)
Domestic Water(4)
Recycled Water(4)
Fire Hydrants as required by CVIFD
Driveway Approaches (5) X(6) X
(1) Remove and/or repair any damaged, broken, abandoned or sub-standard improvements resulting from the project.
(2) Sidewalk improvements are limited to locations of proposed driveway approaches and along Eucalyptus Avenue between Oaks Avenue and Satterfield Way where there is no existing sidewalk. (3) The extent of the overlay shall cover the areas where there are required street improvements along the fronting streets which includes, but not limited to, curb & gutter and driveway approaches. (4) Proposed service connections to the existing Public Main Utilities shall be constructed using revised as-built plans and following City standards for street trenching backfill and repair. (5) Proposed driveway approaches shall be constructed per City Std. No. 250 with 5-ft sidewalks. Minimum width shall be 30-ft. Minimum radii per City and Chino Valley Independent Fire District (CVIFD) requirements. (6) Proposed driveway approach on Eucalyptus Avenue shall be constructed per City Std. No. 250 and shall be restricted to right-in/right-out only. Ultimate Design configuration and specifics to be finalized during final engineering.

Applicant shall not be responsible for public improvements designated as the responsibility of the Master Developer/Developer, City, and/or Chaffey College pursuant to section F of the College Park Design Guidelines, except for those items specifically listed in the table above and Condition no. 4.2 below.

2.8 All improvements generated by this development 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.

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2.9 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).

2.10 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

2.11 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.

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

2.13 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.

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

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

2.16 Design and construct public improvements identified as project specific mitigation measures in the final Traffic Impact Analysis.

2.17 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.

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Appeal of Denial of The Campus at College Park Packet Pg. 537 PARCEL MAP NO. 20348 6 June 20, 2022

3.0 PRIOR TO REQUEST AND RELEASE OF ANY OCCUPANCY PERMITS:

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

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

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

3.4 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.

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Appeal of Denial of The Campus at College Park Packet Pg. 538 Rev. 8/31/2222

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

DEVELOPMENT ENGINEERING DIVISION

ITEMS REQUIRED FOR FIRST PLAN CHECK SUBMITTAL
TRACT MAP NO. 20348
PROJECT ENGINEER: Jorge Alvarado
DATE: 8/29/2022

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- with onsite storm drain improvements 4 Sets of Storm Drain Plans- revisions to the Storm Drain as-built 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- revisions to the Dom. Water as-built plan for service connection 2 Sets of Recycled Water Plans- revisions to the Public Sewer as-built plan for service connection 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- revisions to the as-built record drawings 2 Water Quality Management Plan
1 11.23.e
Appeal of Denial of The Campus at College Park Packet Pg. 539 Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: SEPTEMBER 6, 2022
TO: LINDA REICH, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR SUBJECT: ANNEXATION TO THE LIGHTING AND LANDSCAPE DISTRICT FOR THE

CHINO VALLEY UNIFIED SCHOOL DISTRICT'S ADMINISTRATIVE OFFICE PROJECT AT 13461 RAMONA AVENUE (PL20-0026).

RECOMMENDATION
1) Conduct a public hearing; 2) approve Resolution No. 2022-055 ordering the annexation of PL20-0026 into the Landscape and Lighting District No. 2002-1 (Annexation/Zone No. 90); and 3) authorize the City Manager to execute the necessary documents on behalf of the City.

FISCAL IMPACT
There is no direct fiscal impact.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image
• Public Service Excellence through Internal and External Partnerships

11.24 PUBLIC HEARING Packet Pg. 540
COUNCIL MEETING DATE: SEPTEMBER 6, 2022
SUBJECT: ANNEXATION TO THE LIGHTING AND LANDSCAPE DISTRICT FOR THE

CHINO VALLEY UNIFIED SCHOOL DISTRICT'S ADMINISTRATIVE OFFICE PROJECT AT 13461 RAMONA AVENUE (PL20-0026)
PAGE 2

BACKGROUND
On April 19, 2021, the Planning Commission approved Site Approval PL20-0026 for the construction of a two-story administrative office building for the Chino Valley Unified School District (CVUSD) at 13461 Ramona Avenue.

As part of the Conditions of Approval, the developer (Yorba XC, LLC) is required to design and construct certain public improvements along the perimeter of Ramona Avenue including, but not limited to, sidewalk, curb ramps, crosswalks, asphalt concrete overlay, driveways, streetlights, parkway landscaping, signing and striping, storm drain, sewer, fire hydrants and domestic water. These improvements contribute to promoting a positive City image.

The conditions of approval additionally require that the owner annex the property to the City’s Landscape and Lighting District No. 2002-1 (Annexation/Zone No. 90) for public streetlight maintenance along the project’s frontage, within the right-of way.

On June 7, 2022, the City Council approved Resolution 2022-031, which declared the City’s intention to annex the property into Landscape and Lighting District No. 2002-1 (Annexation/Zone No. 90) and also approved the Engineer’s Report, which estimates the annual assessment to be levied from the property for streetlight maintenance. By way of ballots mailed to the property owner(s), the property owner(s) are requested to register their support or protest for the annexation to Landscape and Lighting District No. 2002-1 (Annexation/Zone No. 90).

ISSUES/ANALYSIS
The property owner has filed the required petition to be annexed into the City’s Landscape and Lighting District, to include only the proposed streetlights fronting the property on Ramona Avenue. The property owner has also filed with the City Clerk an assessment ballot in favor of the annexation. According to State law, if a petition to the City of Chino to undertake annexation proceedings, and an assessment ballot in favor of the proposed assessment are obtained from the owner of the property involved in the annexation, the City Council may complete the annexation by adopting a resolution annexing the project into the City’s Landscape and Lighting District No. 2002-1 (Annexation/Zone No. 90).

It is estimated that the annual assessment for this project will be $181.95 for the first year. The actual assessment will be based on actual costs, and the assessment amount is subject to change each year to account for maintenance and energy cost changes up to the annual Consumer Price Index for the region. The annexation and regular maintenance of these streetlights will help ensure the City continues providing excellent public service in partnership with the property owner.

Attachments: Exhibit A - Location Map
Exhibit B - Resolution No. 2022-055
Exhibit C - Engineer's Report

11.24 PUBLIC HEARING Packet Pg. 541

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Annexation to the LLD - CVUSD 13461 Ramona Avenue Packet Pg. 542 RESOLUTION NO. 2022-055

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, ORDERING THE ANNEXATION OF PL20-0026 TO
LANDSCAPING AND LIGHTING DISTRICT NO. 2002-1
(ANNEXATION/ZONE NO. 90).

WHEREAS, the City Council of the City of Chino, California, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972" being Division 15, Part 2, of the Streets and Highways Code of the State of California; said special maintenance district known and designated as Landscaping and Lighting District No. 2002-1 (hereinafter referred to as the "Maintenance District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance District; and WHEREAS, there has been submitted a map showing the parcels and property proposed to be annexed and included within the boundaries of the Maintenance District; and WHEREAS, the owners of property within the territory proposed to be annexed to the Maintenance District have filed, with the City Clerk, a Petition to the City of Chino to undertake annexation proceedings and an Assessment Ballot in favor of the proposed assessment for the territory proposed to be annexed; and WHEREAS, at this time, this legislative body desires to annex that property shown on the map submitted herewith, and to formally accomplish the annexation proceedings to allow said property to be included within the boundaries of the Maintenance District.

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

SECTION 1. That the above recitals are all true and correct.

SECTION 2. That the map attached hereto as Exhibit "A" is hereby approved and adopted, and the original of said map shall be kept on file in the office of the City Engineer.

SECTION 3. That this legislative body hereby orders the annexation of all the property as set forth and shown on the map as previously approved and, upon adoption of this Resolution, said property shall be formally included in, and become a part of, the Maintenance District and be subject to future assessments to pay for the costs and expenses of the authorized maintenance and services as necessary for the Maintenance District.

SECTION 4. That all future proceedings of the Maintenance District, including the levy of all assessments, shall be applicable to the territory annexed hereunder.

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Annexation to the LLD - CVUSD 13461 Ramona Avenue Packet Pg. 543 RESOLUTION NO. 2022-055
PAGE 2
APPROVED AND ADOPTED THIS 6
TH DAY OF SEPTEMBER.

EUNICE M. ULLOA, MAYOR
ATTEST:

ANGELA ROBLES, CITY CLERK
State of California )
County of San Bernardino ) ss.

City of Chino )
I, ANGELA ROBLES, City Clerk of the City of Chino, do hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting held on the 6 th day of
September 2022 by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ANGELA ROBLES, CITY CLERK
Attachments: Exhibit A – Location Map
Exhibit B – Assessment Ballot and Petition for Annexation Proceedings

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CITY OF CHINO, CALIFORNIA

COUNTY OF SAN BERNARDINO
LANDSCAPING AND LIGHTING DISTRICT NO. 2002-1
ANNEXATION NO. 90 ZONE NO. 90
PL 20-0026 SITE APPROVAL
(CHINO VALLEY UNIFIED SCHOOL DISTRICT)
ENGINEER’S REPORT
FISCAL YEAR 2021-2022

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Annexation to the LLD - CVUSD 13461 Ramona Avenue Packet Pg. 551 ENGINEER’S REPORT
PL 20-0026 SITE APPROVAL
JUNE 7, 2022 Page 2 of 3
Section 1. – Authority of Report
This report is in compliance with the requirements of Article 4, Chapter 1, Part 2, Division 15 of the Streets and Highways Code, State of California (Landscaping and Lighting Act of 1972).

Section 2. – General Description
The City Council has required that developers of residential tracts or commercial/industrial parcels annex said property to the Landscaping and Lighting District No. 2002-1 for the purpose of off-setting the costs associated with maintaining, operating and servicing of common landscaped areas and street lights in said property. The designated contiguous property to be annexed is described as follows:

PL 20-0026 SITE APPROVAL
ANNEXATION/ZONE NO. 90
Construction of a single two-story office building (59,267 SF) on a 4.62 AC lot for the Chino Valley Unified School District.

Section 3. – Maintenance
Detailed maintenance activities shall include:

A. STREET LIGHTS – The repair, removal or replacement of all or any part necessary to provide for the normal operation and maintenance of street lights. Routine repairs include replacement of the light bulb, fuse or photocell. Extraordinary repair includes replacement of the ballast, luminaire or correction of a wiring problem. Also included are the energy costs of the street light system.

Section 4. – Plans and Specifications
Plans and specifications for the landscaping and street lighting have been prepared and will be approved as a part of the improvement plans.

In conformance with the Conditions of Approval, and by reference, they are made a part of this report to the same extent as if said plans and specifications were attached hereto. Exhibits define the boundaries of the proposed annexation and the maintenance area. These plans and exhibits are on file and available for review in the Public Works Department and, in conjunction with County Assessor’s maps of the area to be annexed, comprise the assessment diagrams for the respective annexations. The said Assessor’s maps are on file in the office of the County Assessor and are by reference made a part of this report to the same extent as if they were attached hereto.

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Annexation to the LLD - CVUSD 13461 Ramona Avenue Packet Pg. 552 ENGINEER’S REPORT
PL 20-0026 SITE APPROVAL
JUNE 7, 2022 Page 3 of 3
cost is estimated only; actual assessment will be based on actual cost data. The estimated total costs for Annexation No. 90 into Landscaping and Lighting District No. 90 are shown below.

PL 20-0026 SITE APPROVAL
ANNEXATION/ZONE NO. 90

ESTIMATE OF THE COST OF MAINTENANCE WORK
Annual Maintenance Cost of City-Owned Street Lights
Lamp Size No.

Annual Energy
Cost
Annual
Maintenance Cost Total
Interior 4,000 (32 Watts) 0 $12.00 /Lamp + $12.00 /Lamp = $0.00 4,000 (41 Watts) 0 $14.00 /Lamp + $12.00 /Lamp = $0.00
8,500 (88Watts) 0 $30.00 /Lamp + $12.00 /Lamp = $0.00
10,000 (90Watts) 0 $32.00 /Lamp + $12.00 /Lamp = $0.00
Perimeter 4,000 (32 Watts) 0 $12.00 /Lamp + $12.00 /Lamp = $0.00 4,000 (41 Watts) 0 $14.00 /Lamp + $12.00 /Lamp = $0.00
8,500 (88Watts) 1 $30.00 /Lamp + $12.00 /Lamp = $42.00
10,000 (90Watts) 0 $32.00 /Lamp + $12.00 /Lamp = $0.00
15,000 (161 Watts) 0 $60.00 /Lamp + $12.00 /Lamp = $0.00 Council Policy to fund 50% of perimeter costs Total $21.00 Annual Maintenance Costs Summary
Total Annual Street Light Maintenance Cost $ 21.00
County Assessor Charge ($100 + $0.30/lot) $ 100.30
Total Direct Cost $ 121.30
Supplies and Services (18% of Direct Cost) $ 21.83
Administration (12% of Direct Cost)) $ 14.56
Reserve Funds (20% of Direct Cost) $ 24.26
Total Annual Assessment for this Development $ 181.95
Total Annual Assessment Per Lot $ 181.95
Average Monthly Cost Per Lot $ 15.16

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Annexation to the LLD - CVUSD 13461 Ramona Avenue Packet Pg. 553 Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

ALERE PROPERTY GROUP'S WAREHOUSE AND COMMERCIAL
BUILDINGS AT EAST END AVENUE AND COUNTY ROAD (PL19-0086).

RECOMMENDATION
1) Conduct a public hearing; 2) approve Resolution No. 2022-053 ordering the annexation of PL19-0086 into the Landscape and Lighting District No. 2002-1 (Annexation/Zone No. 93); and 3) authorize the City Manager to execute the necessary documents on behalf of the City.

FISCAL IMPACT
There is no direct fiscal impact.

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:
• Positive City Image
• Public Service Excellence through Internal and External Partnerships

11.25 PUBLIC HEARING Packet Pg. 554
COUNCIL MEETING DATE: SEPTEMBER 6, 2022
SUBJECT: ANNEXATION TO THE LIGHTING AND LANDSCAPE DISTRICT FOR THE

ALERE PROPERTY GROUP'S WAREHOUSE AND COMMERCIAL BUILDINGS AT EAST END AVENUE AND COUNTY ROAD (PL19-0086)
PAGE 2

BACKGROUND
Alere Property Group, LLC, submitted its application requesting approval to subdivide 12.85 acres of land into four parcels ranging in size from 0.87 to 9.21 acres and construct four industrial buildings ranging in size from 15,252 square feet to 212,251 square feet in the Light Industrial and General Industrial zoning districts located on the north side of County Road at East End Avenue (Exhibit A). This project was conditionally approved by the Planning Commission on June 15, 2020.

As part of the Conditions of Approval for Parcel Map 20158, the developer is required to design and construct public improvements including, but not limited to storm drain, street, and sewer improvements in/on County Road and East End Avenue.

The required public improvements necessitate the execution of a Subdivision Improvement Agreement and the posting of securities to ensure the timely delivery of said public improvements. The developer entered into a Subdivision Improvement Agreement on April 20, 2021 with the City, thus fulfilling their obligation.

The conditions of approval additionally require that the owner annex the property bounded within Parcel Map 20158 to the City’s Landscape and Lighting District No. 2002-1 (Annexation/Zone No. 93) for public streetlight maintenance along the project’s frontage, within the right-of way.

On July 5, 2022, the City Council approved Resolution 2022-038, which declared the City’s intention to annex the property into Landscape and Lighting District No. 2002-1 (Annexation/Zone No. 93) and also approved the Engineer’s Report, which estimates the annual assessment to be levied from each parcel for streetlight maintenance. By way of ballots mailed to the property owners, the property owners are requested to register their support or protest for the annexation to Landscape and Lighting District No. 2002-1 (Annexation/Zone No. 93).

ISSUES/ANALYSIS
The property owner of the parcels within Parcel Map 20158 has filed the required petition to be annexed into the City’s Landscape and Lighting District, to include only the proposed streetlights fronting the property on East End Avenue and County Road. The property owner has also filed with the City Clerk an assessment ballot in favor of the annexation. According to State law, if a petition to the City of Chino to undertake annexation proceedings, and an assessment ballot in favor of the proposed assessment are obtained from the owner of the property involved in the annexation, the City Council may complete the annexation by adopting a resolution annexing the project into the City’s Landscape and Lighting District No. 2002-1 (Annexation/Zone No. 93).

It is estimated that the annual assessment for this project will be $462.30 for the first year. The actual assessment will be based on actual costs, and the assessment amount is subject to change each year to account for maintenance and energy cost changes up to the annual Consumer Price Index for the region. The annexation and regular maintenance of these streetlights will help ensure the City continues providing excellent public service in partnership with the property owner.

Attachments: Exhibit A - Location Map
Exhibit B - Resolution No. 2022-053

11.25 PUBLIC HEARING Packet Pg. 555
COUNCIL MEETING DATE: SEPTEMBER 6, 2022
SUBJECT: ANNEXATION TO THE LIGHTING AND LANDSCAPE DISTRICT FOR THE

ALERE PROPERTY GROUP'S WAREHOUSE AND COMMERCIAL BUILDINGS AT EAST END AVENUE AND COUNTY ROAD (PL19-0086)
PAGE 3
Exhibit C - Engineer's Report

11.25 PUBLIC HEARING Packet Pg. 556

11.25.a
Annexation to the LLD - Alere East End Ave (PL19-0086) Packet Pg. 557 RESOLUTION NO. 2022-053

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, ORDERING THE ANNEXATION OF PL19-0086 TO
LANDSCAPING AND LIGHTING DISTRICT NO. 2002-1
(ANNEXATION/ZONE NO. 93).

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

SECTION 1. That the above recitals are all true and correct.

SECTION 2. That the map attached hereto as Exhibit "A" is hereby approved and adopted, and the original of said map shall be kept on file in the office of the City Engineer.

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Annexation to the LLD - Alere East End Ave (PL19-0086) Packet Pg. 558 RESOLUTION NO. 2022-053
PAGE 2
SECTION 4. That all future proceedings of the Maintenance District, including the levy of all assessments, shall be applicable to the territory annexed hereunder.

APPROVED AND ADOPTED THIS 6
TH DAY OF SEPTEMBER.

EUNICE M. ULLOA, MAYOR
ATTEST:

ANGELA ROBLES, CITY CLERK
State of California )
County of San Bernardino ) ss.

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ANGELA ROBLES, CITY CLERK
Attachments: Exhibit A – Location Map
Exhibit B – Assessment Ballot and Petition for Annexation Proceedings

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CITY OF CHINO, CALIFORNIA

COUNTY OF SAN BERNARDINO
LANDSCAPING AND LIGHTING DISTRICT NO. 2002-1
ANNEXATION NO. 93 ZONE NO. 93
PL 19-0086 SITE APPROVAL
(PM 20158 Alere Property Group)
ENGINEER’S REPORT
FISCAL YEAR 2022-2023

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Annexation to the LLD - Alere East End Ave (PL19-0086) Packet Pg. 567 ENGINEER’S REPORT
PL 19-0086 SITE APPROVAL
JULY 5, 2022 Page 2 of 3
Section 1. – Authority of Report
This report is in compliance with the requirements of Article 4, Chapter 1, Part 2, Division 15 of the Streets and Highways Code, State of California (Landscaping and Lighting Act of 1972).

Section 2. – General Description
The City Council has required that developers of residential tracts or commercial/industrial parcels annex said property to the Landscaping and Lighting District No. 93 for the purpose of off-setting the costs associated with maintaining, operating and servicing of common landscaped areas and street lights in said property. The designated contiguous property to be annexed is described as follows:

PROJECT NUMBER
ANNEXATION/ZONE NO. 93
Four warehouse and commercial buildings, 15,000 to
200,000 square feet, located on the northwest corner and northeast corner of East End Avenue and County Road.

Section 3. – Maintenance
Detailed maintenance activities shall include:

Section 4. – Plans and Specifications
Plans and specifications for the landscaping and street lighting have been prepared and will be approved as a part of the improvement plans.

11.25.f
Annexation to the LLD - Alere East End Ave (PL19-0086) Packet Pg. 568 ENGINEER’S REPORT
PL 19-0086 SITE APPROVAL
JULY 5, 2022 Page 3 of 3
In conformance with the Conditions of Approval, and by reference, they are made a part of this report to the same extent as if said plans and specifications were attached hereto. Exhibits define the boundaries of the proposed annexation and the maintenance area. These plans and exhibits are on file and available for review in the Public Works Department and, in conjunction with County Assessor’s maps of the area to be annexed, comprise the assessment diagrams for the respective annexations. The said Assessor’s maps are on file in the office of the County Assessor and are by reference made a part of this report to the same extent as if they were attached hereto.

Section 5. – Estimated Cost and Assessments
No City costs will be incurred for parkway or street light improvement construction. All improvements will be constructed by the developer. Based on data from other cities, contract analysis and developed work standards, it is estimated that the total maintenance cost for street lighting will be approximately $462.30 for the first year for PL 19-0086 SITE APPROVAL. This cost is estimated only; actual assessment will be based on actual cost data. The estimated total costs for Annexation No. 93 into Landscaping and Lighting District No. 2002-1 are shown below.

PL 19-0086 SITE APPROVAL
ANNEXATION/ZONE NO. 93

ESTIMATE OF THE COST OF MAINTENANCE WORK
Annual Maintenance Cost of City-Owned Street Lights
Lamp Size No.

Annual Energy
Cost
Annual
Maintenance Cost Total
Interior 4,000 (32 Watts) 0 $12.00 /Lamp + $12.00 /Lamp = $0.00 4,000 (41 Watts) 0 $14.00 /Lamp + $12.00 /Lamp = $0.00
8,500 (88Watts) 0 $30.00 /Lamp + $12.00 /Lamp = $0.00
10,000 (90Watts) 0 $32.00 /Lamp + $12.00 /Lamp = $0.00
Perimeter 4,000 (32 Watts) 5 $12.00 /Lamp + $12.00 /Lamp = $120.00 4,000 (41 Watts) 0 $14.00 /Lamp + $12.00 /Lamp = $0.00
8,500 (88Watts) 7 $30.00 /Lamp + $12.00 /Lamp = $294.00 10,000 (90Watts) 0 $32.00 /Lamp + $12.00 /Lamp = $0.00
15,000 (161 Watts) 0 $60.00 /Lamp + $12.00 /Lamp = $0.00 Council Policy to fund 50% of perimeter costs Total $207.00 Annual Maintenance Costs Summary
Total Annual Street Light Maintenance Cost $ 207.00
County Assessor Charge ($100 + $0.30/lot) $ 101.20
Total Direct Cost $ 308.20
Supplies and Services (18% of Direct Cost) $ 55.48
Administration (12% of Direct Cost)) $ 36.98
Reserve Funds (20% of Direct Cost) $ 61.64
Total Annual Assessment for this Development $ 462.30
Total Annual Assessment Per Lot $ 115.58
Average Monthly Cost Per Lot $ 9.63

11.25.f
Annexation to the LLD - Alere East End Ave (PL19-0086) Packet Pg. 569 Revenue: Expenditure: 6607400 (48070) & (IE230 & IE232) Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: SEPTEMBER 6, 2022
TO: LINDA REICH, CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: PURCHASE ORDER - POLICE AND ADMINISTRATION VEHICLES.

RECOMMENDATION
Approve a purchase order to National Auto Fleet Group, Watsonville, CA, in the amount of $401,167.15 for the purchase of seven (7) vehicles for the Police and Administration Departments; and authorize the City Manager to execute all necessary documents on behalf of the City.

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 2022-23 Operating Budget.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

12.26 NEW BUSINESS Packet Pg. 570
COUNCIL MEETING DATE: SEPTEMBER 6, 2022
SUBJECT: PURCHASE ORDER - POLICE AND ADMINISTRATION VEHICLES PAGE 2

BACKGROUND
The Public Works Department/Fleet Division is responsible for the purchase, maintenance, and replacement of all City-owned vehicles. When a vehicle is purchased, it is assigned a unit number and placed on a replacement schedule. The following five (5) vehicles assigned to the Police Department are in need of replacement due to mechanical conditions and depreciation:
• Unit No. 562 2015 Chevrolet Tahoe PPV
• Unit No. 565 2016 Ford Interceptor Utility
• Unit No. 568 2015 Chevrolet Tahoe PPV
• Unit No. 572 2014 Chevrolet Caprice PPV
• Unit No. 575 2016 Ford Interceptor Utility
Additionally, the approved Fiscal Year 2022-23 budget includes funds for the purchase of two (2) new vehicles assigned to the Police and Administration Departments. These vehicles will be an addition to the City’s fleet.

Administration
• Unit No. 019 Ford Transit Crew Van
Police Department
• Unit No. 550 Ford Interceptor Utility

ISSUES/ANALYSIS
Finance staff, with the assistance of Public Works staff, compiled specifications and prepared bid packages for seven (7) vehicles to be utilized by the Police and Administration Departments.

The selected vehicles were chosen to maintain consistency with the overall fleet, operator, mechanic familiarity, and the availability of parts from local dealerships. On May 24, 2022, the bid notice was published on Planet Bids and broadcasted to 58 dealerships. On June 7, 2022, the City received no bids for this solicitation.

In an effort to optimize financial resources, Section 3.32.060(B)(2) of the City’s Purchasing Ordinance allows the City to take advantage of competitive bids awarded to contractors and vendors by other public agencies. This process has been utilized previously to purchase a variety of products and services utilized throughout the City.

On July 28, 2021, the National Joint Powers Alliance (NJPA) (Sourcewell) issued a Request for Proposal (RFP #091521) and conducted a nationwide competitive bid process for the procurement of vehicles, cars, vans, SUVs, and light trucks with related equipment, accessories, and services. As a result, National Auto Fleet Group, Watsonville, CA, was selected as the vendor to provide these types of vehicles utilizing NJPA/Sourcewell’s bid program through November 8, 2025.

12.26 NEW BUSINESS Packet Pg. 571
COUNCIL MEETING DATE: SEPTEMBER 6, 2022
SUBJECT: PURCHASE ORDER - POLICE AND ADMINISTRATION VEHICLES PAGE 3
Therefore, the City contacted National Auto Fleet Group, Watsonville, CA, and requested pricing (utilizing Sourcewell’s Contract No. 091521-NAF) for the following vehicles:

Ford Interceptor Utilities
Vehicle Description Unit Price
Each
Tax & Fees
Each
Total Cost (6)
Vehicles
2023 Ford Interceptor Utilities $52,949.00 $5,679.17 $351,769.02 Ford Transit Van
Vehicle Description Unit Price Tax & Fees Total Cost
2023 Ford Transit Crew Van $45,721.00 $3,677.13 $49,398.13 National Auto Fleet Group’s pricing has been reviewed and approved by City staff. Therefore, staff recommends that City Council approve a purchase order to National Auto Fleet Group, Watsonville, CA, in the amount of $363,415.00 plus sales tax and fees of $37,752.15, for a total amount of $401,167.15. All support documents are on file with the City’s Finance Department/Purchasing Division.

12.26 NEW BUSINESS Packet Pg. 572
Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

FINANCE DEPARTMENT
COUNCIL MEETING DATE: SEPTEMBER 6, 2022
TO: LINDA REICH, CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE
SUBJECT: APPROVAL OF BOND DOCUMENTS FOR SPECIAL TAX BONDS FOR COMMUNITY FACILITIES DISTRICT NO. 2003-3 IMPROVEMENT AREA 9.

RECOMMENDATION
1) Adopt Resolution No. 2022-059 of the City Council of the City of Chino, acting as the legislative body for Community Facilities District No. 2003-3 Improvement Area (“IA”) 9 of the City of Chino (the “District”), approving the issuance of the bonds and the substantially final forms of the Preliminary Official Statement, Fiscal Agent Agreement, Bond Purchase Agreement, Continuing Disclosure Agreement, and Appraisal Report (collectively, the “Bond Documents”); and 2) approve the Bond Counsel Agreement with Stradling, Yocca, Carlson & Rauth in the amount of $75,000.

FISCAL IMPACT
1) The Preliminary Official Statement relates to limited obligation special tax bonds (the “Bonds”) of the District. The Bonds will be special obligations of the District, payable solely from special taxes levied on the taxable property within Community Facilities District No.2003-3 IA 9, and amounts held by the Fiscal Agent under the Fiscal Agent Agreement. There are no City of Chino funds pledged to the repayment of the Bonds; and 2) there is no financial impact to the City in the approval of the Bond Counsel Agreement as the cost is paid from the bond proceed when the bonds are issued.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Financial Stability
• Responsible Long-Range Planning

12.27 NEW BUSINESS Packet Pg. 573
COUNCIL MEETING DATE: SEPTEMBER 6, 2022
SUBJECT: APPROVAL OF BOND DOCUMENTS FOR SPECIAL TAX BONDS FOR COMMUNITY FACILITIES DISTRICT NO. 2003-3 IMPROVEMENT AREA 9 PAGE 2

BACKGROUND
Lewis Operating Corporation (Lewis) is the primary land developer in The Preserve. Lewis is currently developing their land with residential, commercial and community facilities. As part of the development of The Preserve, the City of Chino is requiring Lewis to build the necessary public infrastructure to serve the residents and businesses of the new project area. In order to help Lewis finance the cost of the required infrastructure improvements, the City has formed Community Facilities District (CFD) No. 2003-3.

On January 19, 2021, the City Council adopted Resolution No. 2021-004, establishing Improvement Area No. 9 in CFD No. 2003-3 and to authorize the Levy of Special Taxes. In addition, the City Council adopted Resolution No. 2021-005, declaring the City of Chino’s Intention to Incur Bonded Indebtedness for the proposed Improvement Area 9 of CFD No. 2003-

3. Lewis is now ready for the District to issue special tax bonds for the District pursuant to the terms of the Bond Documents to finance the infrastructure cost relating to the Project.

Improvement Area No. 9, consists of two separate geographical areas divided into three separate zones (see attached map).

ISSUES/ANALYSIS
Staff has retained O’Connor & Company Securities as the City’s financial advisor; Raymond James, as the underwriter; Webb Municipal Finance as the special tax consultant; BTI Appraisal as the appraiser; BNY Mellon as the fiscal agent; and the law firm of Stradling, Yocca, Carlson & Rauth as bond and disclosure counsel. The financing team has prepared the necessary documents to implement the issuance of the special tax bonds of Community Facilities District No. 2003-3 Improvement Area No. 9.

The following documents have been prepared for the District’s approval and are available for review in the Finance Department:

1. Resolution No. 2022-059 of the City Council of the City of Chino, acting as the legislative body of Community Facilities District No. 2003-3 Improvement Area No. 9, of the City of Chino, authorizing the preparation and distribution of a Preliminary Official Statement for the District, appointing a Fiscal Agent, and taking certain other actions in connection therewith;

2. The Preliminary Official Statement (P.O.S.) will serve as the District’s disclosure document, which summarizes the legal documents and discloses relevant financial and demographic information relating to the District. The underwriter will use the P.O.S. to generate investor interest in the Bonds;

3. The Fiscal Agent Agreement pursuant to which the Bonds will be issued and which establishes the District’s obligations and the Bondholder’s rights concerning the payment of the Bonds and the annual special tax levy and collection within the District;

12.27 NEW BUSINESS Packet Pg. 574
COUNCIL MEETING DATE: SEPTEMBER 6, 2022
SUBJECT: APPROVAL OF BOND DOCUMENTS FOR SPECIAL TAX BONDS FOR COMMUNITY FACILITIES DISTRICT NO. 2003-3 IMPROVEMENT AREA 9 PAGE 3

4. Bond Purchase Agreement that will serve as the commitment by the underwriter to purchase the Bonds and the commitment by the District to sell the Bonds on the closing date to the underwriter, on the terms contained therein; and

5. Continuing Disclosure Agreement that will serve as the District’s obligation to provide certain annual data regarding the District and its special tax levy and collection in an annual report, and to provide notice of certain events regarding the District to Bond investors and the marketplace; and

6. Appraisal Report is intended to be used to assist bond purchasers in reviewing the asset value of the subject properties.

As referred to above, the City uses the services of Stradling Yocca Carlson & Rauth for Bond Counsel services and Disclosure Counsel services. The fee for these services is $50,000 and $25,000 respectively. This cost is paid from the bond proceeds at the time the bonds are issued.

If bonds are not issued, Stradling Yocca Carlson & Rauth receives no fee.

Copies of these documents are available for review in the Finance Department. It is anticipated the Bonds will be sold and closed by the end of September 2022.

RB:hm
Attachment: Exhibit 1 - Boundary Map
Resolution No. 2022-059
Bond Council Agreement

12.27 NEW BUSINESS Packet Pg. 575

12.27.a
Approval of Bond Documents CFD 2003-3 Improvement Packet Pg. 576 RESOLUTION NO. 2022-059

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,

CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2003-3 OF THE CITY OF CHINO,
AUTHORIZING THE ISSUANCE OF ITS 2022 SPECIAL TAX BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $35,000,000

AND APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN

OTHER ACTIONS IN CONNECTION THEREWITH
WHEREAS, the City Council (the “City Council,” and sometimes referred to as the “legislative body of the District”) of the City of Chino, California (the “City”), located in San Bernardino County, California, has heretofore undertaken proceedings and declared the necessity to issue bonds by Community Facilities District No. 2003-3 of the City of Chino (the “District”) pursuant to the terms and provisions of the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”); and
WHEREAS, pursuant to Resolution No. 2004-55 adopted by the City Council on July 20, 2004, and the Act, the City formed the District; and
WHEREAS, on January 19, 2021, after receiving a petition by owners of more than 10% of the taxable property within certain territory outside of the District, the City adopted Resolution No. 2021-004 (the “Resolution of Intent”) declaring its intention to annex such property into the District and establish Improvement Area No. 9 of the District (“Improvement Area No. 9”), and to approve a rate and method of apportionment of special taxes for Improvement Area No. 9; and WHEREAS, on March 2, 2021, after holding a noticed public hearing at which all persons desiring to be heard on the proposed formation of Improvement Area No. 9 and the levy of special taxes and issuance of bonds therein, the City adopted Resolution No. 2021-014 (the “Resolution of Formation”) forming Improvement Area No. 9, adopting the rate and method of apportionment for Improvement Area No. 9, and submitting to the qualified electors within Improvement Area No. 9 propositions on incurring bonded indebtedness, the levy of a special tax, and an appropriations limit for Improvement Area No. 9, which were approved by more than two-thirds of the votes cast at the election held within Improvement Area No. 9 of the District on March 2, 2021; and WHEREAS, based upon the aforesaid resolutions and elections, the District is authorized pursuant to the Act to issue bonds in an aggregate principal amount not to exceed $45,000,000; and
WHEREAS, the District expects to issue bonds in an aggregate principal amount not to exceed $35,000,000; and
WHEREAS, in order to effect the issuance of bonds in an aggregate principal amount not to exceed $35,000,000 to be designated as the “Community Facilities District No. 2003-3 of the City of Chino Improvement Area No. 9 2022 Special Tax Bonds” (the “Bonds”), the legislative body of the District desires to approve the forms, and authorize the execution and delivery, of a Fiscal Agent Agreement, a Continuing Disclosure Agreement and a Bond Purchase Agreement for the Bonds; and
WHEREAS, in accordance with Government Code Section 53360.4, the legislative body of the District determines that a negotiated sale of the Bonds to Raymond James & Associates,

12.27.b
Approval of Bond Documents CFD 2003-3 Improvement Packet Pg. 577 2 Inc. (the “Underwriter”) in accordance with the terms of the Bond Purchase Agreement for the Bonds to be entered into by the District and the Underwriter (the “Bond Purchase Agreement”) will result in a lower overall cost to the District than a public sale; and WHEREAS, the legislative body of the District determines that it is prudent in the management of its fiscal affairs to issue the Bonds; and WHEREAS, pursuant to Section 53345.8 of the Act and the District’s Local Goals and Policies, unless the bonds are escrowed or otherwise credit enhanced, the District may sell bonds if the legislative body of the District determines prior to the award of the sale of such bonds that the value of the real property that would be subject to the special tax to pay debt service on the bonds will be at least three (3) times the principal amount of the bonds to be sold and the principal amount of all other bonds outstanding that are secured by a special tax levied pursuant to the Act or a special assessment levied on taxable property within Improvement Area No. 9; and WHEREAS, the District desires to approve and authorize the distribution of a Preliminary Official Statement (the “Preliminary Official Statement”) and a final Official Statement (the “Official Statement”) in connection with the Bonds; and
WHEREAS, in accordance with the requirements of Section 53345.8 of the Act and the policies of the City, the legislative body of the District shall determine that the value of the real property in Improvement Area No. 9 subject to the special tax to pay debt service on the Bonds (the “Taxable Property”) be at least three times the principal amount of the Bonds and the principal amount of all other bonds outstanding that are secured by a special tax levied pursuant to the Act or a special assessment levied on property within Improvement Area No. 9; and WHEREAS, BTI Appraisal (the “Appraiser”), a state-certified real estate appraiser as defined in Section 11340 of the California Business and Professions Code, has prepared an appraisal report of the Taxable Property, titled “Appraisal Report for Community Facilities District No. 2003-3 of the City of Chino Improvement Area No. 9 Covering Tracts 20165, 20166, 20167, 20168, 20170, 20171, 20172 and 2072” (the “Appraisal”); and WHEREAS, the Appraisal states that the appraised value of the Taxable Property within Improvement Area No. 9 is $367,199,580, which is not less than three times the sum of the maximum principal amount of the Bonds ($35,000,000) plus the principal amount of all other bonds outstanding that are secured by a special tax levied pursuant to the Act on the Taxable Property or a special assessment levied on the Taxable Property ($0); and WHEREAS, set forth below are good faith estimates of O’Connor and Co. Securities, Inc., the municipal advisor, as required under Section 5852.1 of the California Government Code (the “Code”). The following estimates have no bearing on, and should not be misconstrued as, any not to exceed financial parameters authorized by this resolution. (a) The true interest cost of the Bonds is estimated at 5.12% calculated as provided in Section 5852.1(a)(1)(A) of the Code.
(b) The finance charge of the Bonds, including all fees and charges paid to third parties, is estimated at $695,687.50.
(c) Proceeds of the Bonds received by the District for the sale of the Bonds are equal to $29,575,259.85.

12.27.b
Approval of Bond Documents CFD 2003-3 Improvement Packet Pg. 578 3 (d) The total payment amount calculated as provided in Section 5852.1(a)(1)(D) of the Code is estimated at $64,283,645.00.

The foregoing estimates and the final costs will depend on market conditions and can be expected to vary from the estimated amounts set forth above.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY

COUNCIL OF THE CITY OF CHINO, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2003-3 OF THE CITY OF CHINO, AS FOLLOWS:

Section 1. Each of the above recitals is true and correct, as is each of the findings and determinations set forth therein, and each of said recitals, findings and determinations is adopted by the legislative body of the District.

Section 2. The issuance of the Bonds in an aggregate principal amount not to exceed $35,000,000 is hereby authorized; and the exact principal amount to be issued shall be determined by the officer signing the Bond Purchase Agreement in accordance with Section 5 below. The Bonds shall mature on the dates and bear interest at the rates set forth in the Bond Purchase Agreement to be executed on behalf of the District in accordance with Section 5 hereof.

The Bonds shall be governed by the terms and conditions of the Fiscal Agent Agreement between the District and The Bank of New York Mellon Trust Company, N.A. (the “Fiscal Agent”) dated as of September 1, 2022, (the “Fiscal Agent Agreement”). The Fiscal Agent Agreement shall be executed by one or more of the Mayor, City Manager or Director of Finance of the City (collectively, the “Authorized Officers”) and attested to by the City Clerk, substantially in the form presented at this meeting, with such additions thereto and changes therein as the officer or officers executing the same deem necessary (a) to cure any ambiguity or defect therein, if such addition or change does not materially alter the substance or content thereof, (b) to insert the offering price(s), interest rate(s), selling compensation, principal amount per maturity, redemption dates and prices and such other related terms and provisions as limited by Section 4 hereof, or (c) to conform any provisions therein to the Bond Purchase Agreement or the Official Statement delivered to the purchasers of the Bonds. Approval of such changes shall be conclusively evidenced by the execution and delivery of the Fiscal Agent Agreement by one or more Authorized Officers. Capitalized terms used in this Resolution which are not defined herein have the meanings ascribed to them in the Fiscal Agent Agreement.

Section 3. The Bonds shall be executed on behalf of the District by the manual or facsimile signature of the Mayor and attested with the manual or facsimile signature of the City Clerk, and by the Fiscal Agent for the Bonds.

Section 4. The covenants set forth in the Fiscal Agent Agreement are hereby approved and shall be deemed to be covenants of the City Council, in its capacity as the legislative body of the District, and shall be complied with by the District and its officers.

Section 5. The form of the Bond Purchase Agreement presented at this meeting and the sale of the Bonds pursuant thereto are hereby approved, provided that the true interest cost on the Bonds does not exceed 6.00% and the discount at which the Underwriter purchases the Bonds (exclusive of original issue discount) does not exceed 1.25% of the principal amount thereof. Any one of the Authorized Officers is hereby authorized to execute the Bond Purchase Agreement, with such additions thereto and changes therein as the officer executing it may approve, such approval to be conclusively evidenced by the execution and delivery of the Bond Purchase Agreement. Each of the Mayor, or their designee, and the City Manager, or their designee, or the Director of Finance, or their designee, is authorized to determine the day on

12.27.b
Approval of Bond Documents CFD 2003-3 Improvement Packet Pg. 579 4 which the Bonds are to be priced in order to attempt to produce the lowest borrowing cost for the District and may reject any terms presented by the Underwriter if determined not to be in the best interest of the District.

Section 6. The form of the Continuing Disclosure Agreement presented at this meeting is hereby approved; and any one of the Authorized Officers is hereby authorized and directed to execute the Continuing Disclosure Agreement in the form hereby approved, with such additions therein and changes thereto as the Authorized Officer or Authorized Officers executing the same deem necessary to cure any defect or ambiguity therein if such change does not materially alter the substance or content thereof, with such approval to be conclusively evidenced by the execution and delivery of such Continuing Disclosure Agreement.

Section 7. The Preliminary Official Statement, in substantially the form presented to this meeting and made a part hereof is hereby approved, with such changes, insertions and omissions therein as may be approved by an Authorized Officer, and the use of the Preliminary Official Statement in connection with the offering and sale of the Bonds is hereby authorized and approved. The Authorized Officers are each hereby authorized to certify on behalf of the District that the Preliminary Official Statement is deemed final as of its date, within the meaning of Rule 15c2-12 (except for the omission of certain final pricing, rating and related information as permitted by Rule 15c2-12).

Section 8. The preparation and delivery of the Official Statement, and its use in connection with the offering and sale of the Bonds is hereby authorized and approved. The Official Statement shall be in substantially the form of the Preliminary Official Statement, with such changes, insertions and omissions as may be approved by an Authorized Officer, such approval to be conclusively evidenced by the execution and delivery thereof. Each of the Authorized Officers is hereby authorized, and any one of the Authorized Officers is hereby directed, for and in the name of the District, to execute the final Official Statement and any amendment or supplement thereto.

Section 9. The Director of Finance, or thier designee, is authorized to provide for all services necessary to effect the issuance of the Bonds. Such services shall include, but not be limited to, obtaining legal services, fiscal agent services and any other services deemed appropriate by the Director of Finance, or thier designee. The Director of Finance, or their designee, is authorized to pay for the cost of such services, together with other costs of issuance for the Bonds from the proceeds of the Bonds.

Section 10. The Mayor, City Manager, Director of Finance and the officers and staff of the City and the District who are responsible for the fiscal affairs of the District are hereby authorized and directed to take any actions and to execute and deliver any and all documents as are necessary to accomplish the issuance, sale and delivery of the Bonds in accordance with the provisions of this Resolution and the fulfillment of the purposes of the Bonds as described in the Fiscal Agent Agreement. Any document authorized herein to be signed by the City Clerk may be signed by a duly-appointed deputy city clerk or assistant city clerk.

12.27.b
Approval of Bond Documents CFD 2003-3 Improvement Packet Pg. 580 5 PASSED AND ADOPTED by the City Council at a regular meeting held on the 6th day of September 2022.

CITY COUNCIL OF THE CITY OF CHINO:

By:_______________________________
Eunice M. Ulloa,
Mayor of the City of Chino
ATTEST:
________________________________
Angela Robles
City Clerk of the City of Chino

12.27.b
Approval of Bond Documents CFD 2003-3 Improvement Packet Pg. 581 6 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )ss.

CITY OF CHINO )
I, ANGELA ROBLES, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Chino at a regular meeting held on the 6th day of September 2022, by the following votes:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS

ANGELA ROBLES, CITY CLERK

12.27.b
Approval of Bond Documents CFD 2003-3 Improvement Packet Pg. 582 4871-5945-9374v2/022141-0044

BOND COUNSEL AGREEMENT
COMMUNITY FACILITIES DISTRICT NO. 2003-3 OF THE CITY OF CHINO IMPROVEMENT AREA NO. 9 2022 SPECIAL TAX BONDS
THIS AGREEMENT, made as of this 6th day of September, 2022, by and between the CITY OF CHINO, a public body organized and existing under the laws of the State of California (herein the “City”) and STRADLING YOCCA CARLSON & RAUTH, a professional corporation (herein “Bond Counsel”):

R E C I T A L S :

A. The City desires to issues bonds of Community Facilities District No. 2003-3 of the City of Chino (the “District”) formed pursuant to the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 of Division 2, Title 5 (commencing at Section 55312) of the Government Code of the State of California, to finance the acquisition and construction of certain capital improvements for Improvement Area No. 9 of the District; and
B. The City desires to retain Bond Counsel to do the necessary legal work hereinafter outlined, upon the terms and conditions hereinafter set forth, for financing the acquisition and construction of said capital improvements, and to act as disclosure counsel (“Disclosure Counsel”) upon the terms described below; and
C. Bond Counsel represents that it is ready, willing and able to perform said legal work; NOW, THEREFORE, in consideration of the premises, and of the mutual covenants, terms and conditions herein contained, the parties agree as follows:

I. Bond Counsel Services

1. The City retains Bond Counsel to provide and Bond Counsel will provide legal services in connection with the issuance of bonds by the District in connection with the financing described above (hereinafter called “Bonds”).

The work shall include for the District, but not be limited to, the drafting of all resolutions, notices and documents relating to the issuance of Bonds and the rendering of a legal opinion (hereinafter called “the opinion”) pertaining to the issuing of the Bonds to the effect that:
(a) The Bonds have been properly authorized and issued and are valid and binding obligations;
(b) The essential sources of security for the Bonds have been legally provided; (c) All interest on the Bonds is exempt from federal and State income taxation; and

12.27.c
Approval of Bond Documents CFD 2003-3 Improvement Packet Pg. 583 2 4871-5945-9374v2/022141-0044
Bond Counsel’s services will also include compiling a sufficient record justifying the opinion by:
(a) Researching applicable laws relating to the proposed Bond issue; (b) Participating with any financial advisors, underwriters or other experts retained by the City in structuring the issuance of the Bonds;
(c) Supervising and preparing documentation of all steps to be taken through the issuance of the Bonds including:
(i) Assisting in planning of the financing schedule;
(ii) Drafting all resolutions, notices, trust agreements, and other legal documents required for the financing, and all other basic documents relating to the security of the Bonds, in consultation with City, its counsel, financial advisors, underwriters and other experts; (iii) Assisting in the preparation of the official statement and supporting documentation relating to the offering for sale of the Bonds; (iv) Reviewing the bond purchase contract and participating in the related negotiations;
(v) Attending informational meetings and other conferences scheduled by the City, the financial advisors or the underwriter;
(vi) Consulting with prospective purchasers, their legal counsel and rating agencies, if any;
(vii) Consulting with counsel to City concerning any legislation or litigation during the course of the financing;
(viii) Consulting with the trustee, if any, and counsel to the trustee; (ix) Preparing the form of the Bonds, and supervising their production or printing, signing, authentication and delivery;
(x) Rendering the final approving opinion as to the validity of the Bonds for use and distribution upon their issuance; and
(xi) Preparing transcripts of the proceedings.

2. City agrees to accept and Bond Counsel agrees to provide the aforementioned services primarily through Bradley R. Neal, Jordan Lee and Carol Lew.

3. For the services to be rendered, the City agrees to pay a fee of $50,000. Said fee shall be paid upon the successful sale of the Bonds to which it relates and shall be payable from the Bond proceeds.

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4. In the event Bond Counsel is requested to perform additional work outside of its services as Bond Counsel, such as registration of the Bonds in States other than California (Blue Sky), litigation or other work, Bond Counsel will be paid additional compensation therefor at the customary hourly rate of the attorney performing such services; provided, however, there shall be no additional compensation due Bond Counsel under this paragraph without the prior approval of City.

5. In addition to the foregoing, Bond Counsel shall be reimbursed by City for the actual cost, excluding any indirect cost, such as Bond Counsel’s overhead, of any out-of-pocket expenses reasonably incurred by Bond Counsel in the course of this employment, such as reproduction and printing costs, filing fees, express mail, long distance telephone calls, travel, messenger services and other document delivery services, and similar items of expense incurred by Bond Counsel. Said costs will be paid at closing based upon the estimated costs incurred to date of closing and to be incurred after closing. In the event Bonds are not issued and the proceedings are abandoned, the above costs shall be paid following the abandonment. Notwithstanding the foregoing, such costs shall not exceed $3,000.

6. It is recognized by the parties that Bond Counsel may, from time to time, have clients with interests adverse to City. Bond Counsel reserves the right to represent said clients except on matters relating to the issuance and sale of the Bonds.

7. As a matter of disclosure required by State Law, Bond Counsel hereby represents that it carries malpractice insurance.

II. Disclosure Counsel Services

1. Scope of Services
City hereby retains Disclosure Counsel to act as disclosure counsel in connection with the issuance of the Bonds. Disclosure Counsel will: (1) prepare the Preliminary Official Statement, final Official Statement and Continuing Disclosure Agreement for the Bonds, (2) render to the City and Raymond James & Associates, Inc. (the “Underwriter”) as the purchaser of the Bonds an opinion to the effect that (a) the Bonds are exempt from the registration requirements of the Securities Act of 1933, as amended, and the Bond Indenture is exempt from qualification under the Trust Indenture Act of 1939, as amended, and (b) based upon the information made available to Disclosure Counsel in the course of its participation in the preparation of the Official Statement and without having undertaken to determine independently or assuming any responsibility for the accuracy, completeness or fairness of the statements contained in the Official Statement, but based on the basis of its participation in conferences with representatives of the City, the City Attorney, the Underwriter and others, and its examination of certain documents, nothing has come to its attention which would lead it to believe that the Official Statement, as of its date and as of the date of issuance of the Bonds, contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading (except that no opinion or belief need be expressed as to any appendices and any other financial and statistical data contained in the Official Statement); and (3) attend meetings with City staff, the Underwriter or other experts retained by City in structuring the sale, execution and delivery of the Bonds;

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2. Special Services
Special Services are defined as services in addition to the scope of the services defined in Section II(1) under Disclosure Counsel Services. Special Services will include, but not be limited to, services rendered after the issuance of the Bonds, such as work related to future disclosure service; litigation; amendment of bond documents or agreements; and special studies or analyses. Special Services shall be undertaken only at the request of the City Manager.

3. Contract Administration
This contract shall be administered by the City Manager or his designee. The City Manager, or his designee, will provide overall coordination and guidance of the services to be performed hereunder and will address policy issues as necessary and appropriate.

4. Assignment of Named Individuals
City agrees to accept, and Disclosure Counsel agrees to provide, the aforementioned services primarily through Bradley R. Neal. City reserves the right to review and approve all staff changes proposed by Disclosure Counsel which will affect key personnel and positions assigned to provide services to City under this Agreement. City’s approval of such staff changes shall not be unreasonably withheld.

5. Compensation
(a) For the services to be rendered under Section II(1) of Disclosure Counsel Services, City agrees to pay Disclosure Counsel for each series a fee of $25,000.
(b) For the satisfactory performance of the Special Services specified in Section (2) of Disclosure Counsel Services, City shall pay Disclosure Counsel as compensation a fee based upon the actual hours spent by Disclosure Counsel. Rates for Special Services of Disclosure Counsel shall be paid by City in accordance with Exhibit A attached hereto and incorporated herein. (c) All fees to be paid to Disclosure Counsel by City for services rendered under Section II(a) of Disclosure Counsel Services are to be billed upon the sale, execution and delivery of the series of Bonds to which it relates and will be payable from Bond proceeds.
(d) In addition to the fees set forth in (a) and (b) above, Disclosure Counsel shall be reimbursed by City for the actual cost of any out-of-pocket expenses reasonably incurred by Disclosure Counsel in the course of its employment, such as document reproduction, overnight delivery and messenger charges, telecommunications charges, printing costs, filing fees, long-distance telephone calls, travel at the request of City, and similar items of expense incurred by Disclosure Counsel with respect to third parties who are not parties to this Agreement. The expenses shall be paid from Bond proceeds, unless the sale of the Bonds is abandoned in which case, expenses shall be paid by City following abandonment of the issuance of the Bonds.

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6. Notices
All notices and required reports shall be written and hand-delivered or mailed by first class, postage prepaid, addressed to City or Bond/Disclosure Counsel at the addresses below, or at any other address City or Bond/Disclosure Counsel shall provide in writing to each other:
(a) If to City:

City of Chino
City Manager
13220 Central Avenue
Chino, CA 91710
(b) If to Bond/Disclosure Counsel:

Bradley R. Neal, Esq.

Stradling Yocca Carlson & Rauth
660 Newport Center Drive, Suite 1600
Newport Beach, CA 92660-6441

7. Assignment
(a) No part of this Agreement or any right or obligation arising from it is assignable without City’s written consent.
(b) Any attempt by Bond/Disclosure Counsel to assign or subcontract services relating to this Agreement without City’s consent shall constitute a material breach of this Agreement.
(c) However, Bond/Disclosure Counsel may retain consultants and experts as Bond/Disclosure Counsel deems appropriate after receiving City’s written approval.

8. Consent to Other Representations
Disclosure Counsel and Bond Counsel have advised City that Disclosure Counsel and Bond Counsel act as legal counsel to the Underwriter on matters unrelated to the Bonds. City hereby consents to Disclosure Counsel’s and Bond Counsel’s representation of (a) the Underwriter on financings other than the Bonds; and (b) other underwriters who may be engaged by City from time to time (but not in matters related to any financing in which Bond/Disclosure Counsel has been retained by City or in matters adverse to City). City acknowledges that Disclosure Counsel and Bond Counsel are providing notice of their representation of the Underwriter pursuant to Rule 3-310 of the California Rules of Professional Conduct.

9. Termination
This Agreement may be terminated without cause by City or Bond/Disclosure Counsel upon thirty (30) days’ advance written notice to the other party or may be terminated immediately by City upon determination of non-compliance by Bond/Disclosure Counsel with the terms of this Agreement.

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Such notification shall state the effective date of the termination of this Agreement and, if done by City for cause, shall state the reason(s) for the termination.

Upon receiving a notice of termination, Bond/Disclosure Counsel shall take immediate steps to reduce the incurrence of costs. Bond/Disclosure Counsel shall be entitled to payment for all satisfactory work performed and all uncancellable obligations allowable under the terms of this Agreement incurred up to the effective date of termination in an amount based on the hourly rates set forth in Exhibit A, but, not to exceed the amount allowable under this Agreement. In addition, all documents and materials relating to this Agreement, produced by Bond/Disclosure Counsel, and/or obtained by it or on behalf of City shall, at the option of City, become the property of City.

10. Complete Agreement
This Agreement shall constitute the complete and exclusive statement of understanding between City and Bond Counsel and Disclosure Counsel which supersedes all previous written or oral agreements, and all prior communications between the parties.

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IN WITNESS WHEREOF, as of the date first hereinabove written, City has caused this instrument to be executed by the City Manager and the City Clerk of the City of Chino, and Bond Counsel and Disclosure Counsel have caused this instrument to be executed on its behalf and in its name by an authorized officer of Bond/Disclosure Counsel.

CITY OF CHINO
By:

City Manager of the City of Chino
ATTEST:

City Clerk of the City of Chino

STRADLING YOCCA CARLSON & RAUTH,
a Professional Corporation
By:

Bradley R. Neal

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4871-5945-9374v2/022141-0044

EXHIBIT A

RATES FOR SPECIAL SERVICES
Shareholders $450.00
Associates $290.00
Paralegals $170.00

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Approval of Bond Documents CFD 2003-3 Improvement Packet Pg. 590 Revenue: Expenditure: 3408300-48005-PK221
Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

COMMUNITY SERVICES DEPARTMENT
COUNCIL MEETING DATE: SEPTEMBER 6, 2022
TO: LINDA REICH, CITY MANAGER
FROM: MICHELLE DAWSON, INTERIM COMMUNITY SERVICES DIRECTOR SUBJECT: NOTICE OF COMPLETION - AYALA PARK IMPROVEMENTS - PHASE 1A.

RECOMMENDATION
1) Accept the Ayala Park Improvements-North Parking Lot, Picnic Pavilion, and Accessibility Project-Phase 1A completed by Klassic Engineering and Construction Inc., Orange, CA as complete; 2) authorize the City Manager to file the Notice of Completion; and 3) release the retention funds following the 35-day lien period.

FISCAL IMPACT
The project was included in the Fiscal Year 2022-23 Park Fund. Additional funds were appropriated from the Park Fund in the amount of $130,638.08 to complete the project.

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 actions plans are built, by fostering:
• Positive City Image
• Responsible Long-Range Planning

12.28 NEW BUSINESS Packet Pg. 591
COUNCIL MEETING DATE: SEPTEMBER 6, 2022
SUBJECT: NOTICE OF COMPLETION - AYALA PARK IMPROVEMENTS - PHASE 1A PAGE 2

BACKGROUND
On October 5, 2021, City Council awarded a construction contract to Klassic Engineering and Construction, Inc., (KEC) Orange, CA for replacement of the north parking lot, replacement of the picnic pavilion, and accessibility improvements at Ayala Park. Specifically, the project consisted of replacing the north parking lot, walkways, center median, picnic pavilion, picnic tables, barbecues, drinking fountain, irrigation, and landscaping. In addition, a new subterranean drainage system was installed under the new parking lot to allow for proper filtration. Completed accessibility improvements included walkways, sidewalks, and the intersection at 12th Street and Connie Yankey Way.

ISSUES/ANALYSIS
During the course of construction, there were several unforeseen items that were identified in the field and addressed as modifications to the project. In addition, the project’s budget and timeline were severely impacted by heavy rainfall in December 2021.

The necessary modifications included recycled water irrigation materials (Change Order No. 1), additional landscape changes to reduce water waste (Change Order No. 2), removal of oversaturated soil and proper compaction of the subgrade in the southwest quadrant of the parking lot (Change Order No. 3), removal of oversaturated soil and proper compaction of the subgrade in the three remaining quadrants of the parking lot (Change Order No. 4), installation of new conduit and electrical power for parking lot lights and fiber for future cameras (Change Order No. 5), additional landscape irrigation changes to resolve existing field conditions (Change Order No. 6), additional days added to the project contract due to the discovery of existing concrete ducts (Change Order No. 7), and construction credits for work not performed (Change Orders No. 8 and 9) for a total amount of $325,677.89. The following is a summary of the final accounting costs for the project:

Original Construction Contract Amount $1,254,206
Project Contingency Amount $125,420
Change Order No. 1 $3,837.14
Change Order No. 2 $17,986.04
Change Order No. 3 $94,989.79
Change Order No. 4 $169,078.99
Change Order No. 5 $45,101.31
Change Order No. 6 $10,526.64
Change Order No. 7 Additional Days Added to Contract
Change Order No. 8 Credit-$13,925.17
Change Order No. 9 Credit-$1,916.85
Final Project Amount $1,579,883.89
As referenced above for Change Order No. 7, two previously unknown concrete ducts were discovered just below grade preventing further excavation of the multi-use trail east of 12th Street. City staff met with Southern California Edison (SCE) who confirmed the first concrete duct was high voltage transmission lines, which would require significant costs and time to relocate. SCE could not identify the purpose of the second duct. City staff elected to re-install the multi-use trail back to its original grade to allow more time for SCE to research the contents

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COUNCIL MEETING DATE: SEPTEMBER 6, 2022
SUBJECT: NOTICE OF COMPLETION - AYALA PARK IMPROVEMENTS - PHASE 1A PAGE 3
of the second duct. As a result of this unforeseen issue, the accessibility improvements to this section of the multi-use trail will be completed as part of the Ayala Park Improvements ProjectPhase 1B, which is scheduled to be completed later this fiscal year.

On June 7, 2022, the City submitted a Notice of Cure to KEC for deficiencies throughout the project. KEC remediated these deficiencies and has satisfactorily completed all work, complying with the terms of the contract. The required manufacturers and installation warranties are currently on file with the City. A Notice of Completion has also been prepared for filing with the San Bernardino County Recorder’s Office.

Attachment: Notice of Completion - Project No. PK221

12.28 NEW BUSINESS Packet Pg. 593

RECORDING REQUESTED BY
City of Chino
Community Services Department
P.O. Box 667
Chino, CA 91708

AND WHEN RECORDED MAIL TO
City Clerk
City of Chino
P.O. Box 667
Chino, CA 91708-0667
SPACE ABOVE THIS LINE FOR RECORDER’S USE

NOTICE OF COMPLETION

CITY OF CHINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA Notice is hereby given that:

1. The undersigned is owner of the interest or estate stated below in the property hereinafter described.

2. The full name of the undersigned is City of Chino

3. The full address of the undersigned is 13220 Central Avenue, Chino, CA 91710

4. The nature of the title of the undersigned is: In fee Purchaser under contract of purchase (If other than fee, strike “In fee” and insert, for example, “purchaser under contract of purchase” or “lessee”)

5. The full names and full addresses of all persons, if any, who hold title with the undersigned are:

Names Addresses

N/A N/A

6. The names of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work of improvement herein referred to:

Names Addresses

N/A N/A
(If no transfer made, insert “none”)

7. A work of improvement on the property hereinafter described was completed on September 6, 2022

8. The name of the contractor, if any, for such work of improvement was:

Klassic Engineering and Construction, Inc., 250 S. Tustin Avenue, Orange, CA 92866 (If no contractor for work of improvement as a whole, insert “none”)

9. The property on which said work of improvement was completed is in the City of Chino, County of San Bernardino, State of California, and is described as follows:

Ayala Park Improvements – North Parking Lot, Picnic Pavilion, and Accessibility Project – Phase 1A

10. The street address of said property is
14225 Central Avenue, Chino, CA 91710, APN No. 1026011020000 (If no street address has been officially assigned, insert “none”) SIGNATURE OF OWNER NAMED IN PARAGRAPH 2: DATE:

Dr. Linda Reich, City Manager

CERTIFICATION FOR NOTICE OF COMPLETION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §

CITY OF CHINO )
I HEREBY CERTIFY that I am the Director of Community Services for the City of Chino. I have read the foregoing Notice of Completion and know the contents thereof; and I certify that the same is true of my own knowledge.

I declare under penalty of perjury, that the foregoing is true and correct. Executed on , at City of Chino, California Michelle Dawson
Interim Director of Community Services

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Notice of Completion - Ayala Park Improvements - Phase Packet Pg. 594

Chino City CouncilSeptember 6, 2022

Chino City Council
September 6, 2022