Those persons w ishing to speak on any item included on the agenda, or on any matter within the subject matter jurisdiction of the City Council, are invited fill out and submit to the City Clerk a “Request to Speak” form (name and address optional) which is available at t he entrance to the City Council Chambers .
Additionally, members of the public may submit electro nic inquiries or comments by submitting emails to [email protected]
If you require a reasonable accommodation to participate in this meeting per your rights under the Americans with Disabilities Act or for any other reason, please contact the City Clerk’s Office (909) 334 -3306, at least 48 hours prior to the advertised starting time of the meeting.
Any documents produced by the City and distributed to a majority of the City Council regarding any item on this agenda will be made available in the City Clerk’s Office during normal business hours at City Hall located at 13220 Central Avenue, Chino. In addition , such documents will be posted on the City’s website at www.cityofchino.org.
CHINO CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
REGULAR MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY NOVEMBER 1, 2022
CLOSED SESSION – 6:00 PM
OPEN SESSION – 7:00 PM
AGENDA
ROLL CALL
Mayor Eunice M. Ulloa, Mayor Pro Tem Marc Lucio, Council Member Karen C. Comstock, Council Member Christopher Flores, Council Member Walt Pocock.
CLOSED SESSION PUBLIC COMMENTS
This is the time and place for the general public to address the Cit y Council about the closed session items. Ordinance No. 97 -08 (Chino Municipal Code Section 2.04.090) limits speakers to no more tha n five (5) minutes in which to address the Council, ex cept as provided under Government Code 54954.3(b)(2).
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Initiation of litigation pursuant to Paragraph (4) of Subdivision (d) of Government Code Section 54956.9.
Number of Cases: One Case.
CHINO CITY COUNCIL
NOVEMBER 1, 2022 2
2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR.
Pursuant to Government Code Section 54956.8.
Property: 13191 and 13179 9th Street (APN 102026-101-0000 and 102026-102-0000) Agency Negotiator: Dr. Linda Reich, City Manager
Negotiating Parties: McCombs Allen P. Trust
Under Negotiations: Price and terms of potential acquisition.
FLAG SALUTE
CEREMONIALS
Purple Heart City Proclamation.
Law Enforcement Records and Support Personnel Day - November 8, 2022.
Presentations
Business of the Month October 2022 - Golden Empire Mortgage.
Business of the Month November 2022 – Amphastar.
Mayor's Home Beautification Award - November 2022.
Recognition of the Strategic Plan Workgroup Participants.
REPORT OUT OF CLOSED SESSION
AGENDA ADDITIONS/REVISIONS
PUBLIC ANNOUNCEMENTS
This is the time and place for the Mayor to inform the public of all upcoming events and past occurrences of communitywide interest and concern.
PUBLIC COMMENTS
This is the time and place for the general public to address the City Council about subjects that do not appear elsewhere on the agenda. Due to Council policy and Brown Act requirements, action will not be taken on any issues not on the Agenda. Ordinance No. 97 - 08 (Chino Municipal Code Section 2.04.090) limits speakers to no more than five (5) minutes in which to address Council, except as provided under Government Code 54954.3(b)(2).
CONSENT CALENDAR
At this time, members of the public may present testimony as to why an item should be removed from the Consent Calendar for separate discussion. Unless a member of the public or City Council requests that an item be removed from the Consent Calendar, all items will be acted upon as a whole and by one vote.
1. Warrants. Approve expenses as audited and within budget for warrants 762294 to 762497, and Electronic Fund Transfers 516100E to 516180E, totaling $4,443,100.58.
2. Minutes. Regular Meeting of October 18, 2022 (All Members Present)
CHINO CITY COUNCIL
NOVEMBER 1, 2022 3
3. Elected City Officials’ Report Regarding Travel, Training, and Meetings . Receive and file the Elected City Officials' Report reflecting City Council business related e xpenses incurred by the City and forecast of future events and trainings.
4. 2022 Citizens' Option for Public Safety Grant Funds Appropriation . Accept and approve $88,192.71 in additional funds for identif ied expenditure areas of the 2022 Citizens' Optio n for Public Safety (COPS) Program Grant.
5. 2023 Citizens' Option for Public Safety Grant Funds Appropriation. Accept and approve the use of the grant funds in the amount of $142,090 for the identified ex penditure areas of the 2023 Citizens' Option for Public Safety (COPS) Program Grant.
6. Declaration of Intention to Establish Community Facilities District 2022 -1 and Incur Bonded Indebtedness. Adopt Resolution Nos. 2022 -077 and 2022 -078, declaring the C ity of Chino’s intention to establish Community F acilities District (CFD) No. 2022 -1 and to Incur Bonded Indebtedness for the proposed CFD located within The Preserve (Falloncrest Project).
7. Appropriation of Funds for Sewer and Solid Waste Rate Studies . Appropriate $2,600.00 from the unappropriated r eserves of the Sewer Lift Station Fund and $48,195.00 from the unappropriated reserves of the Sanitation Fund for the approved rate studies.
8. Notice of Completion: SN211 - FY2020-21 Alley Sanitation Rehab Phase I and III . Accept the SN211 - FY2020-21 Alley Sanitation Rehab Project - Phase 1 and Phase 3 as complete and authorize the Director of Public Works to file the Notice of Completion.
9. Notice of Completion - Localized Asphalt Spot Repairs Project No. ST162 . Accept the Localized Asphalt Spot Rep airs Project (ST162) as complete and authorize the Director of Public Works to file the Notice of Completion.
10. Adopt Ordinance No. 2022 -014, Short Term Rentals (Second Reading) . Adopt Ordinance No. 2022-014, adopting amendments to the City of Chino Mu nicipal Code to clarify a ban on short term rental housing, proscribing penalties for violations of said ban, and implementing hardship waiver provisions to comply with State law.
ORDINANCE NO. 2022-014
AN ORDINANCE OF THE CITY OF CHINO, CALIFORNIA, ADDIN G O R AMENDING PROVISIONS IN TITLES 8 AND 1 OF THE CHINO MUNICIPAL CODE TO CLARIFY THE CITY’S PROHIBITION OF SHORT TERM RENTALS, PROSCRIBING PENALTIES FOR
VIOLATIONS OF SAID PROHIBITION, AND IMPLEMENTING FINE HARDSHIP WAIVER
PROVISIONS TO COMPLY WITH RECENT STATE LAW
11. Adopt Ordinance No. 2022 -015, Amending Title 15 (Second Reading) . Adopt Ordinance No. 2022-015, amending Title 15 of the City of Chino Municipal Code ORDINANCE NO. 2022-015
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING TITLE 15 OF THE CHINO MUNICIPAL CODE (BUILDINGS AND CONSTRUCTION), ADOPTING THE CALIFORNIA CODE OF REGULATIONS TITLE 24, INCLUDING THE 2022 EDITION OF THE CALIFORNIA BUILDING CODE, CALIFORNIA
RESIDENTIAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA ELECTRICAL CODE,
CALIFORNIA MECHANICAL CODE, CALIFORNIA FIRE CODE, CALIFORNIA ENERGY
CODE, CALIFORNIA GR EEN BUILDING STANDARDS CODE, CALIFORNIA EXISITNG
BUILDING CODE, CALIFORNIA HISTORICAL BUILDING CODE, CALIFORNIA
CHINO CITY COUNCIL
NOVEMBER 1, 2022 4
REFERENCED STANDARDS CODE, AND THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE.
12. Adopt Ordinance No. 2022 -017 Amending Section 13.12.150 of the Municipal Code Regarding Maintenance of Sewer Laterals. Adopt Ordinance No. 2022-017, on second reading, amending Section 13.12.150 of the Municipal Code regarding maintenance of sewer laterals.
ORDINANCE NO. 2022-017
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING SECTION 13.12.150 OF THE MUNICIPAL CODE REGARDING MAINTENANCE
OF SEWER LATERALS
M _____ S _____ RC _____
NEW BUSINESS
13. Request for Relief from the Provisions of Title 12 of the Municipal Code - 5135 Walnut Avenue (PL22-0053). Adopt Resolution No. 2022 -072 to approve a modification pursuant to Section
12.08.070 of the Chino Municipal Code, exempting the homeowner at 5135 Walnut Avenue from the requirement to construct public improvements along their frontage.
Staff Report by: Jesus Plasencia, Assistant City Engineer.
RECOMMENDATION: 1) Adopt Resolution No. 2022-072, approving a modification pursuant to Section 12.08.070 of the Chino Municipal Code, exempting the owner at 5135 Walnut Avenue from the requirement to construct public improvements along their frontage.
M _____ S _____ RC _____
14. Appropriation of Funds: ST182 - Public Improvements and Re imbursement Agreement for the Chino High School Reconstruction Project . Appropriation of $170,339.54 to ST182 Public Improvements and Reimbursement Agreement for the Chino High School Reconstruction Project.
Staff Report by: Jesus Plasencia, Assistant City Engineer.
RECOMMENDATION: 1) Appropriate $154,854.13 and a 10% continge ncy in the amount of $15,485.41 for a total amount of $170,339.54 to the Transportation Fund with a year end transfer from the General Fund reserves; 2) increase the project budget of ST182 by $170,339.54 for a revised project budget of $1,639,299.59; and 3) authorize the City Manager to execute necessary documents on behalf of the City.
M _____ S _____ RC _____
15. Contract Amendment - RHA Landscape Architects -Planners, Inc . App rove a professional service contract amendment to RHA Landscape Architect s-Planners, Inc., Riverside, CA in the amount of $194,210 for construction management services.
Staff Report by: Carolyn Baltzer, Parks and Capital Projects Manager.
CHINO CITY COUNCIL
NOVEMBER 1, 2022 5
RECOMMENDATION: 1) A pprove a professional service contract amendment to RHA Landscape Architects-Planners, Inc., Riverside, CA, in the amount of $194,210 for construction management services for a revised contract #2020193, amount of $1,385,250; 2) appropriate $25,640 to t he Transportation Fund with a year -end transfer from the General Fund res erves and increase the total Monte Vista Park Project PK183 -(Public Right -of-Way Improvements) budget to $2,616,203.42; 4) increase the vendor cap for RHA Landscape Architects -Planners, Inc. by $194,210 for a total not -to-exceed amount of $1,385,250; and 5 ) authorize the City Manager to execute all necessary documents on behalf of the City.
M _____ S _____ RC _____
16. Amendment to Professional Services Agreements - Eastside Water Treatment Facility Expansion and Brine Disposal Pipeline Design (WA19C) . Appropriate $207,182 from the Water Fund with a corresponding increase to Project WA19C and approve contract amendments and term extension to the Professional Services Agreements w ith TRC Engineers and Hazen & Sawyer.
Staff Report by: Natalie Avila, Associate Engineer.
RECOMMENDATION: 1) Appropriate $207,182 from the unappropriated reserves of the Water Fund with a corresponding increase to the Eastside Water Treatment Facility Expa nsion and Brine Disposal Pipeline Project WA19C, for a revised project budget of $19,536,050; 2) approve an amendment to the Construction Management and Inspection Professional Services Agreement #2021174, with TRC Engineers, Inc., Riverside, CA. in the amount of $140,006 for a total contract amount not -to-exceed $1,826,634.86; 3) approve an amendment to the Design Professional Services Agreement with Hazen and Sawyer, New York, NY. to extend the term of the existing contract through June 30, 2024 and incre ase the contract amount by $67,176 for a not-to-exceed amount of $1,749,842; and 4) authorize the City Manager to execute all necessary documents on behalf of the City.
M _____ S _____ RC _____
MAYOR AND COUNCIL REPORTS
This is the time and place for the Mayor and Council Members to report on prescheduled Council Committee Assignment Meetings that were held since the last Regular Council Meeting, and any other items of interest. Upon request by an individual Council Member, the City Council may choose to take action on any of the subject matters listed below.
Mayor Ulloa
Mayor Pro Tem Lucio
Council Member Comstock
Council Member Flores
Council Member Pocock
City Manager's Report
City Attorney's Report
Police Chief's Report
CHINO CITY COUNCIL
NOVEMBER 1, 2022 6
Fire Chief's Report
ADJOURN
The next Regular Meeting of the City Council will be held on Tuesday, November 15, 2022 at 7:00 p.m. (Closed Session at 6:00 p.m. if necessary) in these Council Chambers.
I, Angela Robles, City Clerk of the City of Chino, hereby declare that on Wednesday, October 26, 2022 this agenda was posted on the south window of Chino City Hall and this agenda together with all of the agenda reports and related documents were posted on the City’s website at www.cityofchino.org by myself or under my direction.
_______________________________________
Angela Robles, City Clerk.
5.a
Proclamation - Law Enforcement Records and Support
Packet Pg. 8
5.a
Mayor's Home Beautification Award - November 2022
Packet Pg. 9
Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
FINANCE DEPARTMENT
COUNCIL MEETING DATE: NOVEMBER 1, 2022
TO: LINDA REICH, CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE
SUBJECT: WARRANTS.
RECOMMENDATION
Approve expenses as audited and within budget for warrants 762294 to 762497, and Electronic Fund Transfers 516100E to 516180E, totaling $4,443,100.58.
FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 21-22 and 22-23 Operating Budgets.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:
The recommendation detailed above further s the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Financial Stability
10.1 CONSENT CALENDAR
Packet Pg. 11
COUNCIL MEETING DATE: NOVEMBER 1, 2022
SUBJECT: WARRANTS
PAGE 2
BACKGROUND
As prescribed by Government Code Sections 37202 and 37208, the following demand registers are herewith submitted for Council ratification:
NO. WARRANTS DATE FY AMOUNT
1. 762294 – 762396 9/29/22 22-23 $525,379.46
2. 762397 – 762401 9/29/22 21-22 $214,688.70
3. 762402 – 762497 10/6/22 22-23 $963,156.32
4. 516100E – 516143E 9/30/22 22-23 $1,010,588.22
5. 516144E – 516180E 10/7/22 22-23 $1,729,287.88
6. E: Electronic Fund Transfers
TOTAL $4,443,100.58
ISSUES/ANALYSIS
See attached exhibit for detailed information on warrants exceeding $50,000.
RB:hm
Attachment: Exhibit 1
10.1 CONSENT CALENDAR
Packet Pg. 12
Council Meeting 11/1/22
CITY OF CHINO
A/P Warrant Register Over $50,000
Check
Number
Check Date Vendor Name Description Amount
516128 09/30/2022 INLAND EMPIRE UTILITIES AGENCY SEWAGE TREATMENT SERVICES $748,987.32 516139 SILVER & WRIGHT LLP OUTSIDE ATTY SERVICES $74,639.08 762333 09/29/2022 GENTRY BROTHERS INC FY2020/21 ALLEY REHAB $214,776.23 762375 S/B COUNTY FLOOD CONTROL DIST STORM WATER ANNUAL PERMIT $50,874.00 762398 IDC CONSULTING ENGINEERS, INC. ON CALL CIP PROJECT MGMT SVCS $186,444.51 762423 10/06/2022 DYETT & BHATIA, URBAN & REGIONAL
PLANNERS
GENERAL PLAN UPDATE $91,553.93
762432 GENERAL PUMP COMPANY INC WELL 12 AND WELL 14 REHAB $325,808.85 762433 GENTRY BROTHERS INC FY2020/21 ALLEY REHAB $62,899.50 762481 STATE WATER RESOURCES CONTROL BOARD REFUND-UNUSED FUNDS (G4068) -WATER &
WASTEWATER ARREARAGE PROGRAM
$67,868.32
762496 YUNEX LLC CITYWIDE TRAFFIC SIGNAL MAINTENANCE $50,794.50 516150 10/07/2022 CHINO BASIN DESALTER AUTHORITY WATER PURCHASES $1,376,854.55 516153 ENGINEERING RESOURCES OF SOUTHERN
CA, INC.
ENGINEERING PLAN CHECK SERVICES $67,984.12
516169 MERCHANTS LANDSCAPE SERVICES INC LANDSCAPE MAINTENANCE $105,007.04
13 TOTAL $3,424,491.95
10.1.a
Warrants
Packet Pg. 13
CHINO CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
REGULAR MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY OCTOBER 18, 2022
CLOSED SESSION – 6:30 PM
OPEN SESSION – 7:00 PM
MINUTES
CALL TO ORDER
The October 18, 2022, Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 6:30 p.m. by Mayor Eunice M. Ulloa in the Council Chambers.
ROLL CALL
PRESENT: Mayor Eunice M. Ulloa, Mayor Pro Tem Marc Lucio, Council Members Karen C.
Comstock, Christopher Flores, and Walt Pocock (arrived at 6:32 p.m.).
ABSENT: None.
CLOSED SESSION PUBLIC COMMENTS
There were no requests to speak.
CLOSED SESSION
City Attorney Fred Galante read into the record the item listed on the Closed Session agenda.
CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION
Initiation of litigation pursuant to Paragraph (4) of Subdivision (d) of Government Code Section 54956.9.
Number of Cases: One Case.
The City Counci l recessed to Closed Session at 6:31 p.m. Council Member Pocock arrived at 6:32 p.m.
The City Council concluded Closed Session at 7:00 p.m. and reconvened the regular meeting at 7:04 p.m.
FLAG SALUTE
Council Member Flores led the assembly in reciting the Pledge of Allegiance.
CEREMONIALS
Proclamations
Mayor Ulloa read into the record the Proclamation designating October 20, 2022 as Lights on Afterschool Day in Chino and presented it to Hayley Page , City of Chino Community Services Coordinator and Tricia Huffman from the Chino Valley Unified School District.
10.2 CONSENT CALENDAR
Packet Pg. 14
CHINO CITY COUNCIL
OCTOBER 18, 2022 2
REPORT OUT OF CLOSED SESSION
City Attorney Fred Galante reported out of closed session as follows:
CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION
Initiation of litigation pursuant to Paragraph (4) o f Subdivision (d) of Government Code Section 54956.9.
Number of Cases: One Case.
The City Council received a briefing , provided direction , and no further reportable a ction was taken.
AGENDA ADDITIONS/REVISIONS
City Manager Linda Reich announced Item No. 5 will be pulled from the Consent Calendar for a staff report.
INFORMATION
Mayor Ulloa annou nced that the October 2022 Chino Econom ic Development Report was included in the agenda packet.
PUBLIC ANNOUNCEMENTS
Mayor Ulloa issued a reminder about the following scheduled community events:
• Water-Wise Landscaping 101 workshop on Saturday, October 22, 2022 f rom 9:00 – 11:00 a.m. at the Carolyn Owens Community Center , 13201 Central Ave , Chino . To register, call 909-334-3282.
• Chino Police Department Community Open House on Saturday, October 29th from 10:00 a.m. to 2:00 p.m. at the Chino Police Station located at 5450 Guardian Way, Chino. For more information, call 909-334-3000.
• Chino Halloween Spooktacular on October 31st, from 4:00 to 9:00 p.m. at Ayala Park in Fields 7-10. The family-friendly event includes games, crafts, trick or tr eating, costume contests, free carnival rides, and great food. For more information, visit www.cityofchino.org/halloween.
Mayor Ulloa sadly announced that the meet ing will adjourn in memory of Liz Aguerre and Dr.
Bruce Lensch. Liz Ague rre, lifelong Chino resident, served the community as an educator , mentor, and volunteered for many community groups. On beh alf of the City Coun cil, Mayor Ulloa extended prayers to the Aguerre family during this difficult time.
Dr. Bruce Lensch, who ran a successful dental practice in Chino, served the community in several cap acities, including Chino City Council Member from 1966 -1968, President of the Chino Kiwanis Club, Pr esident of Immanuel Lutheran Church, and President of the Chino Civic Center Authority. On behalf of the City Coun cil, Mayor Ulloa extended prayers to the Lensch family during this difficult time.
PUBLIC COMMENTS
Pastor Brian Pattison of Victory Baptist Church provided the Invocation.
Julia Cabrera, of the Chino Valley Cha mber of Commerc e, provided an u pdate on upcoming events and programs.
10.2 CONSENT CALENDAR
Packet Pg. 15
CHINO CITY COUNCIL
OCTOBER 18, 2022 3
CONSENT CALENDAR
1. Warrants. Approve expenses as audited and within budget for w arrants 762083 to 762293, and Electronic Fund Transfers 516017E to 516099E, totaling $4,386,971.44.
2. Minutes. Regular Meeting of October 4, 2022 (All Members Present)
3. Elected Cit y Officials’ Report Regarding Travel, Training, and Meetings . Receive a nd file the Ele cted City Officials' Report reflecting City Council business rel ated expenses incurred by the City and forecast of future events and trainings.
4. Temporary Appointment of a CalPERS Retiree Pursuant to Government Code Sections 7522.56 and 21221(H). Adopt Resolution No. 2022-076 for the temporary appointment of a CalP ERS retiree Michelle Dawson pursuant to government code Sections 7522.56 and 21221(H).
5. Public Improvement Agreement for the Ontario Ranch Business Park Project within the City of Chino Right-of-Way. Approve a Public Improvement Agreement with Euclid Land Venture, LLC for the construction o f public improvements located on Merrill Avenue. (Pulled from the Consent Calendar for separate action.)
6. Measure I 5 -Year Capital Impr ovement Plan an d Expenditure Strate gy. Ad opt Resolution No. 2022 -069 approving the Measure I Local Street Pass -Through Funds Five-Year Capital Improvement Pl an and Expenditur e Strateg y fo r Fiscal Year 2 022- 2023 through Fiscal Year 2026-2027.
7. Purchase Order and Vendor Cap Increase - M.K. Smith Chevrolet. Approve a purchase order and vendor cap increase for M.K. Smith Chevrolet, Chino, CA, in the amount of $50,474.78.
8. Construction C ontingency Increase for Benson Avenue Permanent Lift Station Project R2071. Approv e a construction con tingency in crease f or the Benson Avenue Permanent Lift Station Project R2071 to Cal iagua, Inc., Anaheim, CA, in the amount of $60,188.48.
9. Notice of Completion - Chino Rancho Park Demolition Phase Project (G8201) . Acc ept the Chino R ancho Park Demolitio n Phase Project, co mpleted by C.S. Legacy Construction, Inc., Walnut, CA as complete.
10. Adoption and Second Reading of Ordinance No. 2022-016. Adopt Ordinance No. 2022- 016, amending Chapters 5.04, 5.20, and 5.24 of th e Chino Municipal Code Regulating Business Licensing.
ORDINANCE NO. 2022-016
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING MULT IPLE SECTIONS OF CHAPTERS 5.04, 5.20, AND 5.2 4 OF THE
MUNICIPAL CODE REGARDIN G BUSINESS LICE NSES, LIVE ENTERTAINM ENT, AND MASSAGE ESTABLISHMENTS.
Moved by Mayor Pro Tem Lucio, seconded by Council Member Flores, and carried on a 5-0 vote to approve Consent Calendar Items 1 through 4 and 6 through 10 as presented. Item no. 5 was pulled for separate action.
AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.
NOES: NONE.
ABSENT: NONE.
10.2 CONSENT CALENDAR
Packet Pg. 16
CHINO CITY COUNCIL
OCTOBER 18, 2022 4
ITEMS PULLED FROM CONSENT CALENDAR
5. Public Improvement Agreement for the Ontario Ranch Busines s Park Project within the City of Chino Right-of-Way. Approve a Public Improvement Agreement with Euclid Land Venture, LLC for the construction of public improvements located on Merrill Avenue.
Staff Report by: Jesus Placentia, Assistant City Engineer.
City Council members inquired about the improvements and estimated time o f completion.
Moved by Mayor Pro Tem Lucio, seconded by Council Member Flores, and carried on a 5 -0 vote to 1) approve a Public Improvement Agreement and sec urities with Euclid Land V enture, LLC for the construction of public i mprovements on Mer rill Avenue a ssociated with the On tario Ranch Business Park project in the City o f Ontario; and 2) authorize the Cit y Manager to execute the necessary documents on behalf of the City.
AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.
NOES: NONE.
ABSENT: NONE.
PUBLIC HEARING
11. Short Te rm Re ntal Housing . Approve the introduction of Ordin ance No. 2022-014, adding or amending provisions of Titles 8 and 1 of the Chino Munici pal Code to clarify a ban o n short term rent al housing, proscribing pen alties for violati ons of sa id ban, and implementing hardship waiver provis ions to comply with State law; an d approve Resolution No. 20 22-065 establishing administrative fines for violat ions of the Chino Municipal Code.
Mayor Ulloa opened the public hearing.
Staff Report By: Michael Heroux, Deputy Director of Development Services.
The following members of the pub lic spoke in support of Ordinance No. 2022 -014 and expressed concern about increased traffic, crime, and health and safety issues: Beverly Hatch; Will Cowan; and Anastasia Latino.
The following member s o f the public spo ke in opposition of O rdinance No. 2022 -014 advocating for preservation of property owner rights, revenue opportunities, and suggested the City establish a process to license short term rentals : Lisa Mejri; Josephine Taylor; and Larry Black.
Mayor Ulloa closed the public hearing.
Chief of Police Wes Simmons provided information on Police Department calls related to short term rentals.
Mr. Heroux answered City Council member questions related to fines and enforcement.
The Cit y Council generally discussed the difficulty controlling short term r entals and agreed this is currently the best option to ensure the quality of life for Chino residents.
City Attorney Galante read the title of the Ordinance into the record.
10.2 CONSENT CALENDAR
Packet Pg. 17
CHINO CITY COUNCIL
OCTOBER 18, 2022 5
ORDINANCE NO. 2022-014
AN ORD INANCE OF THE CITY OF CHINO, CALIFORNIA, ADDIN G OR AMEN DING PROVISIONS IN TITLES 8 and 1 OF THE CHINO M UNICIPAL CODE TO CLARIFY THE CITY’S PROHIBITION OF SHORT TERM RENTALS, PROSCRIBING PENALTIES
FOR VIOLAT IONS OF SAID PROHIBITI ON, AND IMPLE MENTING FIRE FINE
HARDSHIP WAIVER PROVISIONS TO COMPLY WITH RECENT STATE LAW Moved by Council Member Comstock, seconded by Mayor Pro Tem Lucio , and carried on a 5-0 vote to 1) conduct a public hearing; 2) approve the introduction of Ordinance No. 2022-014 for firs t reading that will add Chapter 8.95 t o the City of Chino Municipal Code (“CMC”) to clarify the City’ s ban against short term rental housing in the City, including the prohibition against a dvertising hous ing units within the City for use as short term rentals, proscribing penalties for violations of the City’s ban against short term rental housing, and amend Sections 1.15.080 and
1.15.090 of the CMC to implement infraction hardship waiver provisions to comply with State law, to be read by number and title o nly, and waive further reading of the Ordinance; and 3) a dopt Resolution No. 2022-065 establishing ad ministrative fines.
AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.
NOES: NONE.
ABSENT: NONE.
12. Introduction of Ordinance No. 2022-015 Amending Title 15 of the Chino Municipal Code.
Approve th e introd uction of an ordinance ado pting the 2022 Californ ia Building Code; Residential Code; Green Bui lding Standards Code; Elec trical C ode; Plumbing and Mechanical Code; Building Energy Efficiency Standards and Fire Code.
Mayor Ulloa opened the public hearing.
Staff Report by: Michael Heroux, Deputy Director of Development Services.
There being no requests to address the City Council on this item, the public hearing was closed.
City Council Members inquired about the electric vehicle and charging station portion of the Code.
City Attorney Galante read the title of the Ordinance into the record.
ORDINANCE NO. 2022-015
AN ORDINANCE OF THE C ITY COUNCIL OF T HE CITY OF CHINO, C ALIFORNIA, AMENDING TITLE 15 OF T HE CHINO M UNICIPAL CODE (BUILDINGS AND
CONSTRUCTION), A DOPTING THE CALIFORNIA CODE OF REGULATIONS TITL E 24, INCLUDI NG THE 2022 EDITION OF THE CALIFORNI A BUILDING CODE,
CALIFORNIA R ESIDENTIAL CODE, C ALIFORNIA PLUMBING CODE, CALIFORNIA
ELECTRICAL CODE, CALIFORNIA MECHANICAL CODE, CA LIFORNIA FIRE CODE,
CALIFORNIA ENERGY CODE, CALIFORNIA GREEN BUILDING STANDARDS CODE,
CALIFORNIA EXISTING BUILDING CODE, CALIF ORNIA HISTORICAL BUILDING CODE, CALIF ORNIA REFE RENCED STANDARDS CODE, AN D THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE.
10.2 CONSENT CALENDAR
Packet Pg. 18
CHINO CITY COUNCIL
OCTOBER 18, 2022 6
Moved by Mayor Pro Tem Luci o, seconded by Council M ember P ocock, and carried on a 5-0 vote to conduct a public hearing, and approve the introduction of Ordinance No. 2022 -015, to be rea d by number and tit le only, and waive further reading of the Ordinance.
AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.
NOES: NONE.
ABSENT: NONE.
13. State Street Wate r Treatment Project (WA212) . Adopt Resolution 2022 -075, adopting the Initi al Stud y/Mitigated Negative Declaration for the State Str eet W ater Treatment Facility.
Mayor Ulloa opened the public hearing.
Staff Report by: Maria Fraser, CIP Engineering Manager.
Ms. Fraser not ed comments were received from 4 agencies and all comments have been addressed.
There being no requests to address the City Council on this item, the public hearing was closed.
City Council Members inquired about the timeline of the project.
Moved by Council Member Comstock, seconded by Council Member Flores, and carried on a 5 -0 vote to 1) conduct a Pu blic Hearing and 2) adopt Resolution No. 2022-075, adopt ing a Mitigated Negative Declarat ion for the State Str eet Water Treatment Facility (WA212).
AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.
NOES: NONE.
ABSENT: NONE.
14. Annexation No. 7 of Territory into E xisting Com munity F acilities Dis trict No. 2003 -3 Improvement Area 5. Annexation No. 7 of Territory in to Existing Community Facilities District No. 2003-3 Improvement Area 5.
Mayor Ulloa opened the public hearing.
Nadyne Lowry, Fiscal Services Manager, provided a report on the item.
There being no requests to address the City Council on this item, the public hearing was closed.
Mayor Ulloa then entertained a motion and second to approve Resolution No. 2022-073.
Moved by Council Member Flor es, seconded by Council Member Comstock, and carried on a 5 -0 vote to conduct a Public Hearing and adopt Resolution No 2022- 073 calling a sp ecial elec tion for th e purpose of approving an annexa tion into Improvement Area 5 of the Community Facilities District No. 2003-3.
AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.
NOES: NONE.
ABSENT: NONE.
10.2 CONSENT CALENDAR
Packet Pg. 19
CHINO CITY COUNCIL
OCTOBER 18, 2022 7
Mayor Ulloa announced Resolution 2022-073 just adopted calls for a special election to approve an annexation into Improvement Area No. 5 of Community Facilities District No. 2003-3, which was to be held by the City Clerk.
City Clerk Angela Roble s reported that all ballots had been cast in connection with the election to annex territory into Improvement Area 5 of the Communit y Facilities District No. 2 003-3 of the C ity of Chino, and the election was closed. The resu lts we re unanimous, with 27 votes in favor of the proposition.
Mayor Ulloa then entertained a motion and second to adopt Resolution No. 2022-074.
Moved by Council Member Flores, seconded by Mayor Pro Tem Lucio, and carried on a 5 -0 v ote to adopt Resolution No. 2022-074, d eclaring results of th e special election.
AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.
NOES: NONE.
ABSENT: NONE.
15. Permanent Local Housing Allocation (PLHA) G rant Funds from the State of California.
Adopt Resolution No. 2022-063 aut horizing the application, a cceptance, a nd appropriation of Permanent Local Housing Allocation (PLHA) Grant Funds and proposed Five-Year Plan.
Mayor Ulloa opened the public hearing.
Staff Report by: Traci Rossetti-Smith, Senior Management Analyst.
There being no requests to address the City Council on this item, the public hearing was closed.
City Council and staff discussed the transitional housing concepts, options, guidelines, and partnership opportunities.
Moved by Council Member Flores, seconded by Mayor Pro Tem Lucio, and carried on a 5 -0 vote to 1) adopt Resolution No. 2022 -063, authorizing the submittal of a State Grant application for Permanent Local Housing Allocation (PLHA) Program; 2) conduct a pu blic h earing to approve the p roposed fiv e-year pla n; and 3) authorize the City Manager to exe cute the necessary documents on beh alf of the City.
AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.
NOES: NONE.
ABSENT: NONE.
16. Community Development Block Grant Program. Substantial Amendment to the O ne- Year Annual CDBG Action Plan for FY 2022-2023.
Mayor Ulloa opened the public hearing.
Staff Report by: Traci Rossetti-Smith, Senior Management Analyst.
There being no requests to address the City Council on this item, the public hearing was closed.
10.2 CONSENT CALENDAR
Packet Pg. 20
CHINO CITY COUNCIL
OCTOBER 18, 2022 8
Moved by Mayor Pro Tem Lucio , seconded by Council Member Poco ck, and carried on a 5 -0 vote to 1) adopt Resolution No. 2022-066 approving a substantial amendment to the City o f Chino's Community Development Block Grant (CDBG ) Annual Act ion Plan for Fiscal Ye ar 2022 -2023; 2) reallocate $ 89,308.47 of unexpended prior year 350 funds to project PK1 83; 3) ap prove transfers in the amount of $460,289.47 of CDBG Funds from current projects (see detail below) to PK183; 4) approve the submission o f the amend ment to the United States Department of Housing and Urban Development (HUD); and 5) authorize the C ity Manager to execute all required documents pertaining to the submission.
AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.
NOES: NONE.
ABSENT: NONE.
NEW BUSINESS
17. Award of Contract and Additional Appropriation - Monte Vista Park Public Right of Way Project (PK183) . Award a contra ct in t he amount of $1, 282,500 t o Los Angele s Engineering Inc., Covina, CA fo r the Monte Vista Park Public Right of Wa y Project (PK183).
Staff Report by: Keith Martinez, Assistant Project Coordinator.
Mr. Martinez noted a cler ical revision in the recom mendation contract amount should read $1,410,750.
Moved by Council Member Flores, seconded by Mayor Pro Tem Lucio, and carried on a 5-0 vote to 1) award a construction contract in the amount of $1,282,500 to Los Angeles Engineering Inc., Covina, CA for the Monte Vista Park Public Right of Way Project ( PK183); 2) au thorize expenditures of up to $ 128,250 for pro ject construction cont ingencies for a not-to-exceed c ontract amoun t of $1,4140,750 $1,410,750; 3) appropriate $109,492.32 fro m t he unappropriated reser ves of the Park Fund with a year -end transfer from the General Fund reserves, f or a revised project amount of $1,916,288.42; and 4) authorize the City Manager to execute all documents on behalf of the City.
AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.
NOES: NONE.
ABSENT: NONE.
18. Request for Relief from the Provisions of Title 1 2 of the Municipal Code - 4231 Walnut Avenue (PL 20-0065). Adopt Resolution No. 2022-067 to a pprove a modification pursuant to Section 1 2.08.070 of the Chino Municipal Code, exempting the homeowner at 4231 Walnut Avenue from the requirement to construct pub lic improvements along their frontage.
Staff Report by: Nicholas S. Liguori, AICP, Director of Development Services.
10.2 CONSENT CALENDAR
Packet Pg. 21
CHINO CITY COUNCIL
OCTOBER 18, 2022 9
Discussion ensued between the City Council and staff regarding public improvements to the area of Walnut and N orton Avenues that includes parcels annexed in 2005 as a requirement of Local Agency Formati on Commiss ion ( LAFCO). At the time of annexation, the City stated public improvements wo uld be constructed at some point in the future. To date only sewer improvements have been exten ded to the area. Council Member Pocock requested a future agenda item for a Capital Improvement Project to complete all public improvements along the frontage of this road.
Moved by Mayor Pro Tem Lucio, seconded by Council Member Flores, and carried on a 5 -0 vote to 1) adopt Resol ution No. 2022 -067, approving a modification pursuant to S ection 1 2.08.070 of the Chi no Municipal Code, exempting the homeowner at 4231 Walnut Avenue fr om the require ment to construct public improvements along their frontage.
AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.
NOES: NONE.
ABSENT: NONE.
19. Maintenance of Sewer Laterals. Approve the introduction of Ord inance No. 2022 -017, amending Section 13.12.150 of the M unicipal Code reg arding maintenance of sew er laterals.
Staff Report by: David McAbee, Public Works Services Manager.
Mr. McAbee addressed a p ublic c omment e mail received from Chino resident Ruben Valdez, with concerns about the cost analy sis, staffin g, equipment, and resources to take on the maint enance of sewer lateral s. Council Member Comstock discussed th e email comments, inquired about the cost analysis, and thanked the resident for reaching out.
Discussion ensued between City Council and staff regardi ng the benefits of the Cit y maintaining th e sewer lateral s located within the public rig ht-of-way or wit hin a public easement, including the cost savings and consistency and quality of work.
City Attorney Galante read the title of the Ordinance into the record.
ORDINANCE NO. 2022-017
AN ORDINANCE OF THE C ITY C OUNCIL OF THE CIT Y OF CHINO, CALIFORNIA, AMENDING SECTION 13.12.150 OF THE MUNICIPAL CODE RE GARDING
MAINTENANCE OF SEWER LATERALS
Moved by Mayor Pro Tem Lucio , seconded b y Council Member P ocock, and carried on a 5 -0 vote to approve the int roduction of Ordinance No. 2022 -017, amending Sec tion 13.12.150 o f the Municipal Code re garding mai ntenance o f sewer laterals, to be read by number and title only and waive further reading of the Ordinance.
AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.
NOES: NONE.
ABSENT: NONE.
10.2 CONSENT CALENDAR
Packet Pg. 22
CHINO CITY COUNCIL
OCTOBER 18, 2022 10
20. Citywide Legislative Policy. Adopt R esolution No. 20 22-071, approving a r evised Citywide Legislative Policy and creating the Legislative Policy Committee.
Staff Report by: Jack Morgan, Assistant to the City Manager.
Lisa Mejri, resident of Chino, spoke in support of the Citywide Legislative Policy.
Mayor Pro Tem Lucio thanked staff for their hard work on this item. It was suggested by Council Member Po cock that Mayor Ulloa be assigned as one of the memb ers of the Legislative Policy Committee.
Moved by Mayor Pro Tem Lucio, seconded by Council Member Flores, and carried on a 5 -0 vote to adopt Resolution No. 2 022-071, approving a revised Citywide Legislative Policy and creating the Legislative Policy Commi ttee and associated tasks, purpose, and procedures.
AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.
NOES: NONE.
ABSENT: NONE.
21. Award of Contrac t - MS202 & ST223 - ADA Improv ements and Madison S treet Gap Closure. Award a contract to EBS General Engineering, Inc., Corona, CA, in the amount of $29 7,008 for project M S202 & ST223 - ADA Gri evance and Madison Street Gap Closure.
Staff Report by: Maria Fraser, CIP Engineering Manager.
Moved by Council Member Flor es, seconded by Council Member Comstock, and carried on a 5-0 vote to 1) award a construction contract in the amount of $297,008 to EBS General Engineering, Inc., Corona, CA, for Project No. MS202 & ST223 ADA Improvements at Olive Place and Wa lnut and Mad ison at Kellogg Avenue Street Gap Closure; 2) au thorize a construction contract contingency of $29,700 fo r a potential n ot-to-exceed contract amount of $326,708; 3) appr ove a Pro fessional Services Agreement with GeoMat, Riverside, CA for Geote chnical services in the amount of $ 13,150, p lus conting ency for a tot al amount not -to-exceed $14,465; and 4) authorize the City Manager to execute the necessary documents on behalf of the City.
AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.
NOES: NONE.
ABSENT: NONE.
22. Award of Contract - WA221 & WA222 Central Avenue & Dupont Waterline Replacement Project. Award a Contract t o Mamco Inc., Perris CA, in the amount of $3,626,262 for project WA221 & WA222 - Central Avenue & Dupont Waterline Replacement Project.
Staff Report by: Maria Fraser, CIP Engineering Manager.
Council Member Comstock inquired about t he water leak on Central Avenu e near the Carolyn Owens Building . Ms. Fraser confirmed this project will allev iate or possibly eliminate the leaks from that area.
10.2 CONSENT CALENDAR
Packet Pg. 23
CHINO CITY COUNCIL
OCTOBER 18, 2022 11
Moved b y Council Member Flores , seconded by Council Mem ber P ocock, and carried on a 5-0 vote to 1) appropriate $2,400,00 0 f rom the unappropriated reserves o f the Water Enter prise Fun d (520) with a cor responding i ncrease t o WA221 in the amount of $672,720.00 for a revised project budget of $2,272,720 and a budget increase to WA222 in the amount of $1,601,107.00 for a revised project budget of $2,401,107; 2) award a construction contract in the amount of $3,626,262 to Mamco, Inc, Pe rris, C A for Proje ct No. WA221 & W A222 Cent ral Avenue and Dupont Wat erline Re placement Project; 3) authorize expenditures of u p to $362,626 for con struction management, $1 81,313 for i nspection costs, and $362,626 for constructi on contingency; 4) ap prove a Professional Servi ces Agreement with GeoMat, Riverside, CA for Geotechnical Professional Services for $47,350, plus contingency for an amount not -to-exceed$52,085; and 5) authorize the City Manager to execute the necessary documents on behalf of the City.
AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.
NOES: NONE.
ABSENT: NONE.
MAYOR AND COUNCIL REPORTS
Mayor Ulloa.
Mayor Ulloa reported on meetings an d ev ents at tended since the last meeting that included the Omnitrans Board of D irectors meeting; reminded the public about f ree bus transportation to school with information available on Omnitrans.com; San Bernardino County Transportation Aut hority (SBCTA) Board of Directors meeting; discussed th e West Valley Co nnector project; discussed the Barstow International Gateway Complex project; meeting with the General Plan consultant; quarterly meeting with Chino Fire Board Member DeMonaco and Fire Chief Williams ; Chino Desalter Authority Board of Directors meeting; Inland Empire Utilities Agency (IEUA) Sewage Policy Committee; Chino City Council Candidate Forum; City Manager meeting; SBCTA Inland Valley Port meeting; Breaking Barriers United It’s Needed Conference; Chino Valley Unified School District Candidate Sonja Sha w meet and greet event at Hillsborough; SBCTA Metro Valley Committee Meeting and Appropriate Pool Confidential Session; and the United States Conference of Mayor’s Water Council Conference.
Mayor Pro Tem Lucio.
Mayor Pro Tem Lucio reported on meetings and events attended since the last meeting that included a meeting wit h Farmer Boys owner and Council Member Comstock ; Quarterly meeting with Chino Fire Board Member DeMonaco and Fire Chief Will iams; Chino City Council Candidate Forum; St. Margaret Mary Car Show; Breaking Barriers United I t’s Needed Conferen ce; City Manager m eeting; and Infrastructure Co mmittee meeting. He wished everyone a happy and safe Hallowee n; suggested we recognize Chino residents who decorate their homes for Halloween and Christmas; and wished his daughter and sisters a happy birthday.
10.2 CONSENT CALENDAR
Packet Pg. 24
CHINO CITY COUNCIL
OCTOBER 18, 2022 12
Council Member Comstock.
Council Member Comstock reported o n m eetings and event s a ttended since the last meeting that in cluded a meeting with the General Plan consultant; City Manage r meeting; Breaking Barriers United It ’s Neede d Conference; Infrastructure Committee meeting; and meeting with Farmer Boys owner and Mayor Pro Tem Lucio . Council Member Comstock offered her sympathies to the Ag uerre Family, Lensch Family, and the Conely Family who lost their daughter Addi after a very courageous and long battle with cancer.
Council Member Flores.
Council Membe r Flo res reported on meetings and events att ended since the last meeting that included meeting with the General Plan consultant; San Bernardino County State of the C ounty; St. Margaret Mary Car Show; Harvest Festival and Barn Ra ising Event; Chino Rotary Club Lobsterfest; Breaking Barriers United It’s Needed Conference; and City Manager meeting. Council Me mber Flores shared he li kes the idea of recognizing residents who decorate their properties for the holidays and welcomed back Finance Director Rob Burns.
Council Member Pocock.
Council Member Pocock reported on meetin gs and events attended since the last meeting that included a meeting with the General Plan consultant; St. Ma rgaret Mary Car Show ; Harvest Festiva l a nd Barn Raising; Chino Valley Chamber of Commerce Board of D irectors me eting; Planning Commission meeting; and Chino Fire Board meeting. He wished his daughter a happy birthda y and offered condolences to Addi Conely’s family.
City Manager's Report.
City Man ager Linda Re ich reported on the upcoming re-stripping work to help ease travel on northbound Euclid Avenue.
City Attorney's Report.
City Attorney Fred Galante reported on passed legislation regarding campaign funding conflict of interest, Senate Bill 1439, taking effect 1/1/2023.
Police Chief's Report.
Police Ch ief Wes Simmons thanked the City Council for attending the It’s Needed Conference; provided a reminder for the Great Shakeout on 10/20 at 10: 20 a.m.; and encouraged the public to sign up for Chino Notify cityofchino.org/chinonotify.
Fire Chief's Report.
Deputy Fire Chief Carlos Skibar highlighted the Fire Distr icts 35 th cardiac arrest save ; reported on the Fire District Annual Open House; and thanked the City Council for their support.
ADJOURNED IN MEMORY OF LIZ AGUERRE AND DR. BRUCE LENSCH The meeting adjourned at 9:26 p.m. The next Regular Meeting of the City Council will be held on Tuesday, N ovember 1, 20 22 at 7 :00 p.m. ( Closed Session at 6:00 p .m. if nece ssary) in th ese Council Chambers.
10.2 CONSENT CALENDAR
Packet Pg. 25
CHINO CITY COUNCIL
OCTOBER 18, 2022 13
APPROVED AND ADOPTED THIS 1ST DAY OF NOVEMBER 2022.
EUNICE M. ULLOA, MAYOR
ATTEST:
ANGELA ROBLES, CITY CLERK
**************************************************
(These minutes are not official until signed.)
10.2 CONSENT CALENDAR
Packet Pg. 26
Revenue: Expenditure: 1002000-43320
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
ADMINISTRATION DEPARTMENT
COUNCIL MEETING DATE: NOVEMBER 1, 2022
TO: LINDA REICH, CITY MANAGER
FROM: ANGELA ROBLES, CITY CLERK
SUBJECT: ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL, TRAINING, AND MEETINGS.
RECOMMENDATION
Receive and file the Elected City Officials’ Report reflecting City Council business related expenses incurred by the City.
FISCAL IMPACT
Sufficient funding is available in the adopted Fiscal Year 2022-23 Operating Budget.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Public Service Excellence through Internal and External Partnerships
10.3 CONSENT CALENDAR
Packet Pg. 27
COUNCIL MEETING DATE: NOVEMBER 1, 2022
SUBJECT: ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL, TRAINING, AND
MEETINGS
PAGE 2
BACKGROUND
In accordance with Government Code Sections 53232.2 and 53232.3, implementing Assembly Bill 1234 (AB 1234), on January 1, 2006, the City adopted Resolution No. 2005-093 establishing a Business-Related Expense Policy. On December 6, 2016, the City approved Resolution No. 2016-075 adopting the latest revisions to this policy. In addition to requiring local agencies to adopt a business-related expense policy, AB 1234 requires that Elected Officials provide a brief report on meetings attended at the expense of the local agency at the next regular meeting of the legislative body.
ISSUES/ANALYSIS
In response to AB 1234, a report regarding Elected City Officials’ Travel, Training, and Meetings (Exhibit A) was created and is placed on the City Council Agend a Consent Calendar, as needed. The documents that pertain to the items listed on Exhibit A are available for public inspection at the City Clerk’s office located in City Hall at 13220 Central Avenue, Chino, CA.
Additionally, to provide the public with a n event forecast, Exhibit A also includes a list of future events/trainings that Members of the Council may attend.
Attachment: Exhibit A
10.3 CONSENT CALENDAR
Packet Pg. 28
ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL,
TRAINING, AND MEETINGS
NOVEMBER 1, 2022 EXHIBIT A
Event Date Meeting Purpose and
Subject Matter
Location
City Official Attendees
NONE
Future Conference, Meeting, and Training events Council Member(s) may attend Event Date Meeting Purpose and
Subject Matter
Location
City Officials that may
attend
November 9, 2022 Chaffey College 2022
Report to the
Community
Ontario, CA Council Member Flores
10.3.a
Elected Officials' Report Regarding Travel, Training, and Packet Pg. 29
Revenue: 1304000-59500-G4224 Expenditure: 1304000-40010-G4224
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
POLICE DEPARTMENT
COUNCIL MEETING DATE: NOVEMBER 1, 2022
TO: LINDA REICH, CITY MANAGER
FROM: WES SIMMONS, CHIEF OF POLICE
SUBJECT: 2022 CITIZENS' OPTION FOR PUBLIC SAFETY GRANT FUNDS APPROPRIATION.
RECOMMENDATION
1) Accept and approve the additional funds of $88,192.71 received for the identified expenditure areas of the 2022 Citizens' Option for Public Safety (COPS) Program Grant; 2) appropriate an additional expenditure and revenue in the amount of $88,192.71 in the State COPS Fund 130; and 3) authorize the City Manager to execute any necessary documents on behalf of the City.
FISCAL IMPACT
Requires an additional appropriation of expenditures and revenues in the amount of $88,192.71 to the Fund 130. The requested appropriation of $88,192.71 is fully offset by Grant Revenue and no local matching funds are required.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:
The recommendation detailed above furthers the City’s values and strategic issues th at serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Financial Stability
• Public Service Excellence through Internal and External Partnerships
10.4 CONSENT CALENDAR
Packet Pg. 30
COUNCIL MEETING DATE: NOVEMBER 1, 2022
SUBJECT: 2022 CITIZENS' OPTION FOR PUBLIC SAFETY GRANT FUNDS
APPROPRIATION
PAGE 2
BACKGROUND
The State Budget Act of 2010 has provided funds from the Local Safety and Protection Account (LSPA) in the State Transportation Fund to be available for the purposes of the Citizens' Option for Public Safety (COPS) Grant. The COPS Grant funds are collected in accordance with the proportionate share of the State's total population that resides in each county and city. Each city is guaranteed a minimum of $100,000 by Government Code Section 30061 and any additional amounts are contingent on vehicle license fee collections. The City of Chino was allocated the original amount of $135,094 for 2022.
The City of Chino has received an additional allocation of $ 88,192.71 above the original allocation due to additional LSPA and vehicle license fees collected. The Chino Police Department is requesting continued funding of this program. Acceptance of these additional funds will continue funding the non -sworn position of Police Facilities Coordinator and a portion of a Crime Analyst, along with the purchase of upgraded equipment and new technology.
A provision of the program allows monies to be directed toward funding costs related to salaries and expense s for non -sworn personnel dedicated to supporting front line police operations along with expenditures dedicated to upgrading equipment, purchasing new technology for sworn personnel, and upgrading police vehicles. Since 2001, the City Council has approved the continued funding of this grant program.
ISSUES/ANALYSIS
The Chino Police Department is requesting continued funding for this grant program.
Acceptance of t hese additional funds will continue funding the non -sworn position of Police Facilities Coordinator and portion of a Crime Analyst, along with the purchase of upgraded equipment and new technology.
Attachment: COPS 2022 Growth Allocation
10.4 CONSENT CALENDAR
Packet Pg. 31
10.4.a
2022 COPS Grant Appropriation
Packet Pg. 32
Revenue: 1304000-59500-G4236 Expenditure: 1304000-40010-G4236
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
POLICE DEPARTMENT
COUNCIL MEETING DATE: NOVEMBER 1, 2022
TO: LINDA REICH, CITY MANAGER
FROM: WES SIMMONS, CHIEF OF POLICE
SUBJECT: 2023 CITIZENS' OPTION FOR PUBLIC SAFETY GRANT FUNDS APPROPRIATION.
RECOMMENDATION
1) Accept and approve the use of the grant funds for the identified expenditure areas of the 2023 Citizens' Option for Public Safety (COPS) Program Grant-G4236; 2) appropriate $142,090 to the AB3229-State COPS Grant Fund 130, with a corresponding increase to revenues in the same fund; and 3) authorize the City Manager to execute the necessary documents.
FISCAL IMPACT
Requires an appropriation of $142,090 to the AB3229-State COPS Grant Fund 130.The requested appropriation is fully offset by Grant Revenue and no local matching funds are required.
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
• Public Service Excellence through Internal and External Partnerships
10.5 CONSENT CALENDAR
Packet Pg. 33
COUNCIL MEETING DATE: NOVEMBER 1, 2022
SUBJECT: 2023 CITIZENS' OPTION FOR PUBLIC SAFETY GRANT FUNDS
APPROPRIATION
PAGE 2
BACKGROUND
The State Budget Act of 2010 has provided funds from the Local Safety and Protection Account (LSPA) in the State Transportation Fund to be available for purposes of the Citizens' Option for Public Safety (COPS) grant. The COPS grant funds are allocated in accordance with the proportionate share of the State's total population that resides in each county and city. Each city is guaranteed a minimum of $100,000 by Government Code Section 30061 and any additional amounts are contingent on vehicle license fee collections. The City of Chino has been allocated $142,090 for the FY 2022-23.
A provision of the program allows monies to be directed toward funding costs related to salaries and expenses of non -sworn personnel dedicated to supporting front line police operations, along with expenditures dedicated to upgrading equipment, purchasing new technology for sworn personnel, and upgrading police vehicles.
ISSUES/ANALYSIS
The Police Department is requesting continued funding of this program. Acceptance of these funds will continue funding the non-sworn positions of the Police Facilities Coordinator, a portion of one (1) Crime Analyst, along with the purchase of upgraded equipment and new technology.
Attachment: 2023 COPS Allocation Letter
10.5 CONSENT CALENDAR
Packet Pg. 34
September 14, 2022
Honorable Betty T. Yee
State Controller
300 Capitol Mall, Suite 1850
Sacramento, CA 95814
Attention: Evelyn Calderon-Yee, Chief
Bureau of Payments, Local Government Programs and Services Division, State Controller’s Office
Dear Controller Yee:
Pursuant to Government Code section 30029.05, subdivision (e), paragraph (2), the Department of Finance respectfully submits the attached (Attachments I and II) percentages for the 2022-23 allocation of $214,200,000 in Citizens’ Option for Public Safety (COPS) and Juvenile Justice Crime Prevention Act (JJCPA) funds deposited in the Enhancing Law Enforcement Activities Subaccount (ELEAS) in the Law Enforcement Services Account within the Local Revenue Fund 2011.
Pursuant to Government Code section 30061, subdivisions (b) and (g), subsequent to the allocation described in Section 29552, subdivision (d), 47.08727192 percent of the remaining funds deposited in the ELEAS for the COPS (23.54363596 percent) and JJCPA (23.54363596 percent) programs are to be allocated, according to the relative population for each county and city, as follows:
(1) 5.15 percent to county sheriffs for county jail construction and operation ($11,031,300).
(2) 5.15 percent to district attorneys for criminal prosecution ($11,031,300).
(3) 50 percent to counties to implement a comprehensive multi-agency juvenile justice plan ($107,100,000).
(4) 39.7 percent to counties and cities for front-line law enforcement ($85,037,400).
Please note that the by-county percentages for the first three allocations above: (1) county jail construction and operation, (2) district attorney criminal prosecution, and (3) multi-agency juvenile justice plans, are specified on Attachment I and the by- county/city percentages for the fourth allocation, front-line law enforcement, are identified on Attachment II.
10.5.a
2023 COPS Grant Acceptance
Packet Pg. 35
-2-
Pursuant to Government Code section 30061, subdivision (b), paragraph (3), each law enforcement jurisdiction receiving front-line law enforcement funding is to receive a minimum grant of $100,000. The percentages included in Attachment II are calculated in a manner that provides for a minimum grant allocation of $100,000 to each law enforcement jurisdiction listed in Attachment II.
Also note that the allocations shown on Attachments I and II may be slightly different from the final allocations made by the State Controller’s Office due to rounding.
If you have any questions, or need additional information, please call Cynthia Mendonza, Staff Finance Budget Analyst, at (916) 445-8913.
Sincerely,
AMY JARVIS
Program Budget Manager
Attachment
cc: Natalie Sidarous, Chief, Local Government Programs and Services Division, State Controller’s Office
Anne Kato, Assistant Chief, Local Government Programs and Services Division, State Controller’s Office
Melma Dizon, Manager, Local Apportionments Section, Local Government Programs and Services Division, State Controller’s Office Kathleen Howard, Executive Director, Board of State and Community Corrections
10.5.a
2023 COPS Grant Acceptance
Packet Pg. 36
2022-23 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety and Juvenile Justice Crime Prevention Act Allocations Based on Jan. 1, 2022 Population Estimates
Attachment I
Co. Jail
Operation
Allocation by
County
Percent of Co.
Jail Operation
Allocation by
County
District
Attorney
Allocation by
County
Percent of District
Attorney
Allocation by
County
Juvenile
Justice
Allocation by
County
Percent of
Juvenile Justice
Allocation by
County
Total
Allocation by
County
Percent of Total
Allocation by
County
Net Total
Allocation by
County
Front-line Law
Enforcement
Percent of Net
Total Allocation
by County
Alameda 1,651,979 4.21578026% 465,055 4.21578026% $465,055 4.21578026% $4,515,101 4.21578026% $5,445,211 4.21578026% $8,254,037 $2,808,826 3.30304762% Alpine 1,200 0.00306235% $338 0.00306235% $338 0.00306235% $3,280 0.00306235% $3,955 0.00306235% $103,955 $100,000 0.11759532% Amador 40,297 0.10283623% $11,344 0.10283623% $11,344 0.10283623% $110,138 0.10283623% $132,826 0.10283623% $732,826 $600,000 0.70557190% Butte 201,608 0.51449506% $56,755 0.51449506% $56,755 0.51449506% $551,024 0.51449506% $664,535 0.51449506% $1,323,451 $658,915 0.77485365% Calaveras 45,049 0.11496314% $12,682 0.11496314% $12,682 0.11496314% $123,126 0.11496314% $148,489 0.11496314% $348,489 $200,000 0.23519063% Colusa 21,807 0.05565054% $6,139 0.05565054% $6,139 0.05565054% $59,602 0.05565054% $71,880 0.05565054% $371,880 $300,000 0.35278595% Contra Costa 1,156,555 2.95147925% $325,587 2.95147925% $325,587 2.95147925% $3,161,034 2.95147925% $3,812,207 2.95147925% $6,384,481 $2,572,274 3.02487337% Del Norte 27,218 0.06945918% $7,662 0.06945918% $7,662 0.06945918% $74,391 0.06945918% $89,715 0.06945918% $289,715 $200,000 0.23519063% El Dorado 190,465 0.48605859% $53,619 0.48605859% $53,619 0.48605859% $520,569 0.48605859% $627,806 0.48605859% $1,072,793 $444,987 0.52328339% Fresno 1,011,273 2.58072575% $284,688 2.58072575% $284,688 2.58072575% $2,763,957 2.58072575% $3,333,332 2.58072575% $5,911,240 $2,577,907 3.03149831% Glenn 28,750 0.07336878% $8,094 0.07336878% $8,094 0.07336878% $78,578 0.07336878% $94,765 0.07336878% $394,765 $300,000 0.35278595% Humboldt 135,168 0.34494300% $38,052 0.34494300% $38,052 0.34494300% $369,434 0.34494300% $445,537 0.34494300% $1,256,359 $810,822 0.95348824% Imperial 179,329 0.45763999% $50,484 0.45763999% $50,484 0.45763999% $490,132 0.45763999% $591,100 0.45763999% $1,391,100 $800,000 0.94076254% Inyo 18,978 0.04843105% $5,343 0.04843105% $5,343 0.04843105% $51,870 0.04843105% $62,555 0.04843105% $262,555 $200,000 0.23519063% Kern 909,813 2.32180414% $256,125 2.32180414% $256,125 2.32180414% $2,486,652 2.32180414% $2,998,903 2.32180414% $5,302,318 $2,303,416 2.70870909% Kings 152,023 0.38795624% $42,797 0.38795624% $42,797 0.38795624% $415,501 0.38795624% $501,094 0.38795624% $1,001,094 $500,000 0.58797658% Lake 67,407 0.17201980% $18,976 0.17201980% $18,976 0.17201980% $184,233 0.17201980% $222,185 0.17201980% $522,185 $300,000 0.35278595% Lassen 30,274 0.07725796% $8,523 0.07725796% $8,523 0.07725796% $82,743 0.07725796% $99,788 0.07725796% $299,788 $200,000 0.23519063% Los Angeles 9,861,224 25.1654249100%$2,776,074 25.16542491%$2,776,074 25.16542491%$26,952,170 25.16542491%$32,504,31725.16542491%$51,149,975 $18,645,658 21.92642075% Madera 157,396 0.40166791% $44,309 0.40166791% $44,309 0.40166791% $430,186 0.40166791% $518,805 0.40166791% $832,786 $313,981 0.36922696% Marin 257,135 0.65619760% $72,387 0.65619760% $72,387 0.65619760% $702,788 0.65619760% $847,562 0.65619760% $2,051,022 $1,203,461 1.41521328% Mariposa 17,045 0.04349812% $4,798 0.04349812% $4,798 0.04349812% $46,586 0.04349812% $56,183 0.04349812% $156,183 $100,000 0.11759532% Mendocino 89,999 0.22967363% $25,336 0.22967363% $25,336 0.22967363% $245,980 0.22967363% $296,652 0.22967363% $796,652 $500,000 0.58797658% Merced 284,338 0.72561850% $80,045 0.72561850% $80,045 0.72561850% $777,137 0.72561850% $937,228 0.72561850% $1,715,144 $777,917 0.91479350% Modoc 8,690 0.02217651% $2,446 0.02217651% $2,446 0.02217651% $23,751 0.02217651% $28,644 0.02217651% $228,644 $200,000 0.23519063% Mono 13,379 0.03414264% $3,766 0.03414264% $3,766 0.03414264% $36,567 0.03414264% $44,100 0.03414264% $244,100 $200,000 0.23519063% Monterey 433,716 1.10682481% $122,097 1.10682481% $122,097 1.10682481% $1,185,409 1.10682481% $1,429,604 1.10682481% $2,938,558 $1,508,954 1.77445925% Napa 136,179 0.34752303% $38,336 0.34752303% $38,336 0.34752303% $372,197 0.34752303% $448,870 0.34752303% $1,068,537 $619,667 0.72869924% Nevada 101,242 0.25836528% $28,501 0.25836528% $28,501 0.25836528% $276,709 0.25836528% $333,711 0.25836528% $737,487 $403,776 0.47482126% Orange 3,162,245 8.06991496% $890,217 8.06991496% $890,217 8.06991496% $8,642,879 8.06991496%$10,423,312 8.06991496%$16,083,254 $5,659,942 6.65582657% Placer 409,025 1.04381443% $115,146 1.04381443% $115,146 1.04381443% $1,117,925 1.04381443% $1,348,218 1.04381443% $2,266,214 $917,996 1.07952074% Plumas 18,942 0.04833918% $5,332 0.04833918% $5,332 0.04833918% $51,771 0.04833918% $62,436 0.04833918% $262,436 $200,000 0.23519063% Riverside 2,435,525 6.21535638% $685,635 6.21535638% $685,635 6.21535638% $6,656,647 6.21535638% $8,027,916 6.21535638%$12,582,652 $4,554,736 5.35615588% Sacramento 1,576,618 4.02346219% $443,840 4.02346219% $443,840 4.02346219% $4,309,128 4.02346219% $5,196,808 4.02346219% $7,791,689 $2,594,881 3.05145811% San Benito 65,479 0.16709963% $18,433 0.16709963% $18,433 0.16709963% $178,964 0.16709963% $215,830 0.16709963% $515,830 $300,000 0.35278595% San Bernardino 2,187,665 5.58282818% $615,859 5.58282818% $615,859 5.58282818% $5,979,209 5.58282818% $7,210,926 5.58282818%$11,230,847 $4,019,920 4.72723823% San Diego 3,287,306 8.38906532% $925,423 8.38906532% $925,423 8.38906532% $8,984,689 8.38906532%$10,835,535 8.38906532%$16,320,064 $5,484,529 6.44954910% San Francisco 842,754 2.15067242% $237,247 2.15067242% $237,247 2.15067242% $2,303,370 2.15067242% $2,777,864 2.15067242% $4,079,487 $1,301,623 1.53064763% San Joaquin 784,298 2.00149519% $220,791 2.00149519% $220,791 2.00149519% $2,143,601 2.00149519% $2,585,183 2.00149519% $4,012,081 $1,426,898 1.67796543% San Luis Obispo 280,721 0.71638807% $79,027 0.71638807% $79,027 0.71638807% $767,252 0.71638807% $925,305 0.71638807% $1,813,677 $888,372 1.04468371% San Mateo 744,662 1.90034580% $209,633 1.90034580% $209,633 1.90034580% $2,035,270 1.90034580% $2,454,536 1.90034580% $4,800,890 $2,346,354 2.75920216% Santa Barbara 445,164 1.13603962% $125,320 1.13603962% $125,320 1.13603962% $1,216,698 1.13603962% $1,467,338 1.13603962% $2,586,992 $1,119,654 1.31666020% Santa Clara 1,894,783 4.83540576% $533,408 4.83540576% $533,408 4.83540576% $5,178,720 4.83540576% $6,245,536 4.83540576% $9,585,018 $3,339,482 3.92707485% Santa Cruz 266,564 0.68026001% $75,042 0.68026001% $75,042 0.68026001% $728,558 0.68026001% $878,642 0.68026001% $1,479,389 $600,748 0.70645133% Shasta 180,531 0.46070745% $50,822 0.46070745% $50,822 0.46070745% $493,418 0.46070745% $595,062 0.46070745% $1,040,953 $445,892 0.52434771% Sierra 3,229 0.00824027% $909 0.00824027% $909 0.00824027% $8,825 0.00824027% $10,643 0.00824027% $210,643 $200,000 0.23519063% Siskiyou 43,830 0.11185230% $12,339 0.11185230% $12,339 0.11185230% $119,794 0.11185230% $144,471 0.11185230% $1,244,471 $1,100,000 1.29354849% Solano 447,241 1.14134004% $125,905 1.14134004% $125,905 1.14134004% $1,222,375 1.14134004% $1,474,184 1.14134004% $2,506,019 $1,031,835 1.21338961% Sonoma 482,404 1.23107452% $135,804 1.23107452% $135,804 1.23107452% $1,318,481 1.23107452% $1,590,088 1.23107452% $2,865,665 $1,275,577 1.50001884% Stanislaus 549,466 1.40221390% $154,682 1.40221390% $154,682 1.40221390% $1,501,771 1.40221390% $1,811,136 1.40221390% $3,129,618 $1,318,482 1.55047339% Sutter 99,145 0.25301383% $27,911 0.25301383% $27,911 0.25301383% $270,978 0.25301383% $326,799 0.25301383% $634,393 $307,594 0.36171570% Tehama 65,052 0.16600994% $18,313 0.16600994% $18,313 0.16600994% $177,797 0.16600994% $214,423 0.16600994% $614,423 $400,000 0.47038127% Trinity 16,023 0.04089002% $4,511 0.04089002% $4,511 0.04089002% $43,793 0.04089002% $52,815 0.04089002% $152,815 $100,000 0.11759532% Tulare 475,014 1.21221556% $133,723 1.21221556% $133,723 1.21221556% $1,298,283 1.21221556% $1,565,729 1.21221556% $2,701,407 $1,135,678 1.33550374% Tuolumne 55,291 0.14110028% $15,565 0.14110028% $15,565 0.14110028% $151,118 0.14110028% $182,249 0.14110028% $382,249 $200,000 0.23519063% Ventura 833,652 2.12744450% $234,685 2.12744450% $234,685 2.12744450% $2,278,493 2.12744450% $2,747,863 2.12744450% $4,362,715 $1,614,853 1.89899117% Yolo 221,165 0.56440369% $62,261 0.56440369% $62,261 0.56440369% $604,476 0.56440369% $728,998 0.56440369% $1,229,188 $500,189 0.58819926% Yuba 82,275 0.20996231% $23,162 0.20996231% $23,162 0.20996231% $224,870 0.20996231% $271,193 0.20996231% $572,800 $301,607 0.35467593% Total 39,185,605 100.00000000%$11,031,300 100.00000000%$11,031,300 100.00000000%$107,100,000 100.00000000%$129,162,600100.00000000%$214,200,000 $85,037,400100.00000000% *Note that the COPS Front-line Law Enforcement breakdown by county and city for SCO distribution is provided in Attachment II. 107,100,000 129,162,600
Total
5.15%
Net Total (Including Front-line Enforcemnet) JJCPA
100.00%
214,200,000
50.00% 60.30%
COUNTY
1/1/2022
Population by
County
Percent of 1/1/2022
Population by County
COPS (Excluding Front-line Enforcement)*
5.15%
11,031,300 11,031,300
10.5.a
2023 COPS Grant Acceptance
Packet Pg. 37
2022-23 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety
Front-line Law Enforcement Allocation for 2022-23
ATTACHMENT II
City/County
City/County
Population Estimates
1/1/2022
Projected Allocations by
City/County
Percent of Allocation by
City/County
Alameda 1,651,979 $2,808,826 3.30304764%
Alameda 77,784 $120,136 0.14127479%
Albany 21,648 $100,000 0.11759532%
Berkeley 124,563 $192,386 0.22623691%
Dublin 72,932 $112,643 0.13246237%
Emeryville 12,497 $100,000 0.11759532%
Fremont 229,476 $354,423 0.41678461%
Hayward 160,591 $248,031 0.29167258%
Livermore 86,149 $133,056 0.15646768%
Newark 47,229 $100,000 0.11759532%
Oakland 424,464 $655,579 0.77093056%
Piedmont 10,977 $100,000 0.11759532%
Pleasanton 77,609 $119,866 0.14095695%
San Leandro 88,404 $136,539 0.16056331%
Union City 68,150 $105,257 0.12377709%
Unincorporated 149,506 $230,910 0.27153951%
Alpine 1,200 $100,000 0.11759532%
Amador 40,297 $600,000 0.70557192%
Amador 191 $100,000 0.11759532%
Ione 8,888 $100,000 0.11759532%
Jackson 5,028 $100,000 0.11759532%
Plymouth 1,045 $100,000 0.11759532%
Sutter Creek 2,620 $100,000 0.11759532%
Unincorporated 22,525 $100,000 0.11759532%
Butte 201,608 $658,915 0.77485367%
Biggs 1,939 $100,000 0.11759532%
Chico 102,892 $158,915 0.18687707%
Gridley 7,205 $100,000 0.11759532%
Oroville 18,863 $100,000 0.11759532%
Paradise 7,705 $100,000 0.11759532%
Unincorporated 63,004 $100,000 0.11759532%
Calaveras 45,049 $200,000 0.23519064%
Angels City 3,623 $100,000 0.11759532%
Unincorporated 41,426 $100,000 0.11759532%
Colusa 21,807 $300,000 0.35278596%
Colusa 6,383 $100,000 0.11759532%
Williams 5,563 $100,000 0.11759532%
Unincorporated 9,861 $100,000 0.11759532%
Contra Costa 1,156,555 $2,572,274 3.02487341%
Antioch 115,074 $177,730 0.20900256%
Brentwood 64,342 $100,000 0.11759532%
Clayton 10,863 $100,000 0.11759532%
Concord 123,634 $190,951 0.22454962%
Danville 43,352 $100,000 0.11759532%
El Cerrito 25,650 $100,000 0.11759532%
Hercules 26,091 $100,000 0.11759532%
Lafayette 25,064 $100,000 0.11759532%
Martinez 36,908 $100,000 0.11759532%
Moraga 17,105 $100,000 0.11759532%
Oakley 44,533 $100,000 0.11759532%
Orinda 19,478 $100,000 0.11759532%
Pinole 18,628 $100,000 0.11759532%
Pittsburg 75,156 $116,077 0.13650170%
10.5.a
2023 COPS Grant Acceptance
Packet Pg. 38
2022-23 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety
Front-line Law Enforcement Allocation for 2022-23
ATTACHMENT II
City/County
City/County
Population Estimates
1/1/2022
Projected Allocations by
City/County
Percent of Allocation by
City/County
Pleasant Hill 34,026 $100,000 0.11759532%
Richmond 114,489 $176,827 0.20794006%
San Pablo 31,510 $100,000 0.11759532%
San Ramon 83,820 $129,459 0.15223764%
Walnut Creek 69,891 $107,946 0.12693917%
Unincorporated 176,941 $273,283 0.32136818%
Kensington Police Department 0 $100,000 0.11759532%
Del Norte 27,218 $200,000 0.23519064%
Crescent City 6,060 $100,000 0.11759532%
Unincorporated 21,158 $100,000 0.11759532%
El Dorado 190,465 $444,987 0.52328340%
Placerville 10,646 $100,000 0.11759532%
South Lake Tahoe 21,199 $100,000 0.11759532%
Unincorporated 158,620 $244,987 0.28809276%
Fresno 1,011,273 $2,577,907 3.03149834%
Clovis 123,665 $190,999 0.22460592%
Coalinga 17,277 $100,000 0.11759532%
Firebaugh 8,439 $100,000 0.11759532%
Fowler 6,962 $100,000 0.11759532%
Fresno 543,660 $839,676 0.98741968%
Huron 6,170 $100,000 0.11759532%
Kerman 16,639 $100,000 0.11759532%
Kingsburg 12,506 $100,000 0.11759532%
Mendota 12,440 $100,000 0.11759532%
Orange Cove 9,497 $100,000 0.11759532%
Parlier 14,497 $100,000 0.11759532%
Reedley 24,982 $100,000 0.11759532%
Sanger 26,304 $100,000 0.11759532%
San Joaquin 3,639 $100,000 0.11759532%
Selma 24,522 $100,000 0.11759532%
Unincorporated 160,074 $247,232 0.29073358%
Glenn 28,750 $300,000 0.35278596%
Orland 8,267 $100,000 0.11759532%
Willows 6,427 $100,000 0.11759532%
Unincorporated 14,056 $100,000 0.11759532%
Humboldt 135,168 $810,822 0.95348826%
Arcata 18,059 $100,000 0.11759532%
Blue Lake 1,151 $100,000 0.11759532%
Eureka 26,768 $100,000 0.11759532%
Ferndale 1,367 $100,000 0.11759532%
Fortuna 12,432 $100,000 0.11759532%
Rio Dell 3,342 $100,000 0.11759532%
Trinidad 296 $100,000 0.11759532%
Unincorporated 71,753 $110,822 0.13032102%
Imperial 179,329 $800,000 0.94076256%
Brawley 26,952 $100,000 0.11759532%
Calexico 38,711 $100,000 0.11759532%
Calipatria 6,367 $100,000 0.11759532%
El Centro 44,508 $100,000 0.11759532%
Holtville 5,565 $100,000 0.11759532%
Imperial 21,513 $100,000 0.11759532%
Westmorland 2,004 $100,000 0.11759532%
Unincorporated 33,709 $100,000 0.11759532%
10.5.a
2023 COPS Grant Acceptance
Packet Pg. 39
2022-23 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety
Front-line Law Enforcement Allocation for 2022-23
ATTACHMENT II
City/County
City/County
Population Estimates
1/1/2022
Projected Allocations by
City/County
Percent of Allocation by
City/County
Inyo 18,978 $200,000 0.23519064%
Bishop 3,869 $100,000 0.11759532%
Unincorporated 15,109 $100,000 0.11759532%
Kern 909,813 $2,303,416 2.70870913%
Arvin 19,639 $100,000 0.11759532%
Bakersfield 408,865 $631,487 0.74259896%
California City 14,952 $100,000 0.11759532%
Delano 51,258 $100,000 0.11759532%
Maricopa 1,018 $100,000 0.11759532%
McFarland 13,902 $100,000 0.11759532%
Ridgecrest 28,061 $100,000 0.11759532%
Shafter 20,486 $100,000 0.11759532%
Taft 7,011 $100,000 0.11759532%
Tehachapi 12,375 $100,000 0.11759532%
Wasco 26,689 $100,000 0.11759532%
Unincorporated 305,557 $471,929 0.55496633%
Bear Valley Community Services District 0 $100,000 0.11759532% Stallion Springs Community Services District 0 $100,000 0.11759532% Kings 152,023 $500,000 0.58797660%
Avenal 13,186 $100,000 0.11759532%
Corcoran 22,047 $100,000 0.11759532%
Hanford 58,299 $100,000 0.11759532%
Lemoore 27,058 $100,000 0.11759532%
Unincorporated 31,433 $100,000 0.11759532%
Lake 67,407 $300,000 0.35278596%
Clearlake 16,509 $100,000 0.11759532%
Lakeport 4,999 $100,000 0.11759532%
Unincorporated 45,899 $100,000 0.11759532%
Lassen 30,274 $200,000 0.23519064%
Susanville 13,212 $100,000 0.11759532%
Unincorporated 17,062 $100,000 0.11759532%
Los Angeles 9,861,224 $18,645,658 21.92641972%
Agoura Hills 19,771 $100,000 0.11759532%
Alhambra 81,834 $126,392 0.14863058%
Arcadia 55,934 $100,000 0.11759532%
Artesia 16,226 $100,000 0.11759532%
Avalon 3,394 $100,000 0.11759532%
Azusa 49,704 $100,000 0.11759532%
Baldwin Park 70,855 $109,435 0.12869003%
Bell 33,624 $100,000 0.11759532%
Bellflower 77,359 $119,480 0.14050289%
Bell Gardens 38,861 $100,000 0.11759532%
Beverly Hills 32,265 $100,000 0.11759532%
Bradbury 904 $100,000 0.11759532%
Burbank 105,451 $162,868 0.19152484%
Calabasas 22,926 $100,000 0.11759532%
Carson 92,362 $142,652 0.16775201%
Cerritos 48,634 $100,000 0.11759532%
Claremont 37,072 $100,000 0.11759532%
Commerce 12,140 $100,000 0.11759532%
Compton 94,233 $145,542 0.17115020%
Covina 50,449 $100,000 0.11759532%
Cudahy 22,318 $100,000 0.11759532%
10.5.a
2023 COPS Grant Acceptance
Packet Pg. 40
2022-23 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety
Front-line Law Enforcement Allocation for 2022-23
ATTACHMENT II
City/County
City/County
Population Estimates
1/1/2022
Projected Allocations by
City/County
Percent of Allocation by
City/County
Culver City 40,135 $100,000 0.11759532%
Diamond Bar 54,204 $100,000 0.11759532%
Downey 112,584 $173,885 0.20448011%
Duarte 21,258 $100,000 0.11759532%
El Monte 107,706 $166,351 0.19562047%
El Segundo 17,084 $100,000 0.11759532%
Gardena 59,947 $100,000 0.11759532%
Glendale 193,116 $298,265 0.35074594%
Glendora 51,821 $100,000 0.11759532%
Hawaiian Gardens 13,619 $100,000 0.11759532%
Hawthorne 86,841 $134,125 0.15772452%
Hermosa Beach 19,171 $100,000 0.11759532%
Hidden Hills 1,738 $100,000 0.11759532%
Huntington Park 53,942 $100,000 0.11759532%
Industry 438 $100,000 0.11759532%
Inglewood 106,481 $164,459 0.19339557%
Irwindale 1,490 $100,000 0.11759532%
La Canada Flintridge 20,081 $100,000 0.11759532%
La Habra Heights 5,594 $100,000 0.11759532%
Lakewood 80,876 $124,912 0.14689062%
La Mirada 48,696 $100,000 0.11759532%
Lancaster 175,164 $270,539 0.31814072%
La Puente 37,587 $100,000 0.11759532%
La Verne 32,304 $100,000 0.11759532%
Lawndale 31,301 $100,000 0.11759532%
Lomita 20,633 $100,000 0.11759532%
Long Beach 460,682 $711,518 0.83671132%
Los Angeles 3,819,538 $5,899,228 6.93721507%
Lynwood 66,723 $103,053 0.12118531%
Malibu 10,686 $100,000 0.11759532%
Manhattan Beach 34,902 $100,000 0.11759532%
Maywood 24,814 $100,000 0.11759532%
Monrovia 37,563 $100,000 0.11759532%
Montebello 61,622 $100,000 0.11759532%
Monterey Park 60,207 $100,000 0.11759532%
Norwalk 101,645 $156,989 0.18461221%
Palmdale 167,398 $258,544 0.30403576%
Palos Verdes Estates 12,980 $100,000 0.11759532%
Paramount 52,477 $100,000 0.11759532%
Pasadena 138,310 $213,618 0.25120483%
Pico Rivera 61,442 $100,000 0.11759532%
Pomona 149,766 $231,312 0.27201173%
Rancho Palos Verdes 41,468 $100,000 0.11759532%
Redondo Beach 68,972 $106,526 0.12527004%
Rolling Hills 1,684 $100,000 0.11759532%
Rolling Hills Estates 8,289 $100,000 0.11759532%
Rosemead 50,511 $100,000 0.11759532%
San Dimas 34,352 $100,000 0.11759532%
San Fernando 23,519 $100,000 0.11759532%
San Gabriel 38,845 $100,000 0.11759532%
San Marino 12,257 $100,000 0.11759532%
Santa Clarita 228,835 $353,433 0.41562039%
Santa Fe Springs 18,763 $100,000 0.11759532%
Santa Monica 92,408 $142,723 0.16783556%
Sierra Madre 10,865 $100,000 0.11759532%
Signal Hill 11,597 $100,000 0.11759532%
South El Monte 19,668 $100,000 0.11759532%
South Gate 93,259 $144,037 0.16938118%
South Pasadena 26,580 $100,000 0.11759532%
10.5.a
2023 COPS Grant Acceptance
Packet Pg. 41
2022-23 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety
Front-line Law Enforcement Allocation for 2022-23
ATTACHMENT II
City/County
City/County
Population Estimates
1/1/2022
Projected Allocations by
City/County
Percent of Allocation by
City/County
Temple City 36,262 $100,000 0.11759532%
Torrance 144,433 $223,075 0.26232569%
Vernon 208 $100,000 0.11759532%
Walnut 28,094 $100,000 0.11759532%
West Covina 108,243 $167,180 0.19659579%
West Hollywood 35,399 $100,000 0.11759532%
Westlake Village 8,043 $100,000 0.11759532%
Whittier 87,931 $135,808 0.15970423%
Unincorporated 1,009,857 $1,559,711 1.83414759%
Madera 157,396 $313,981 0.36922696%
Chowchilla 18,851 $100,000 0.11759532%
Madera 65,843 $101,694 0.11958701%
Unincorporated 72,702 $112,287 0.13204463%
Marin 257,135 $1,203,461 1.41521331%
Belvedere 2,080 $100,000 0.11759532%
Corte Madera 10,028 $100,000 0.11759532%
Fairfax 7,418 $100,000 0.11759532%
Larkspur 12,797 $100,000 0.11759532%
Mill Valley 13,850 $100,000 0.11759532%
Novato 52,441 $100,000 0.11759532%
Ross 2,301 $100,000 0.11759532%
San Anselmo 12,645 $100,000 0.11759532%
San Rafael 60,560 $100,000 0.11759532%
Sausalito 7,072 $100,000 0.11759532%
Tiburon 8,956 $100,000 0.11759532%
Unincorporated 66,987 $103,461 0.12166479%
Mariposa 17,045 $100,000 0.11759532%
Mendocino 89,999 $500,000 0.58797660%
Fort Bragg 7,153 $100,000 0.11759532%
Point Arena 443 $100,000 0.11759532%
Ukiah 16,080 $100,000 0.11759532%
Willits 4,920 $100,000 0.11759532%
Unincorporated 61,403 $100,000 0.11759532%
Merced 284,338 $777,917 0.91479352%
Atwater 31,652 $100,000 0.11759532%
Dos Palos 5,715 $100,000 0.11759532%
Gustine 5,981 $100,000 0.11759532%
Livingston 14,410 $100,000 0.11759532%
Los Banos 46,639 $100,000 0.11759532%
Merced 89,058 $137,549 0.16175114%
Unincorporated 90,883 $140,368 0.16506578%
Modoc 8,690 $200,000 0.23519064%
Alturas 2,726 $100,000 0.11759532%
Unincorporated 5,964 $100,000 0.11759532%
Mono 13,379 $200,000 0.23519064%
Mammoth Lakes 7,365 $100,000 0.11759532%
Unincorporated 6,014 $100,000 0.11759532%
Monterey 433,716 $1,508,954 1.77445928%
Carmel-by-the-Sea 3,041 $100,000 0.11759532%
Del Rey Oaks 1,539 $100,000 0.11759532%
Gonzales 8,340 $100,000 0.11759532%
10.5.a
2023 COPS Grant Acceptance
Packet Pg. 42
2022-23 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety
Front-line Law Enforcement Allocation for 2022-23
ATTACHMENT II
City/County
City/County
Population Estimates
1/1/2022
Projected Allocations by
City/County
Percent of Allocation by
City/County
Greenfield 19,634 $100,000 0.11759532%
King City 13,331 $100,000 0.11759532%
Marina 21,457 $100,000 0.11759532%
Monterey 28,082 $100,000 0.11759532%
Pacific Grove 14,761 $100,000 0.11759532%
Salinas 159,932 $247,013 0.29047567%
Sand City 372 $100,000 0.11759532%
Seaside 32,068 $100,000 0.11759532%
Soledad 26,308 $100,000 0.11759532%
Unincorporated 104,851 $161,941 0.19043509%
Napa 136,179 $619,667 0.72869925%
American Canyon 21,658 $100,000 0.11759532%
Calistoga 5,199 $100,000 0.11759532%
Napa 77,480 $119,667 0.14072265%
St Helena 5,437 $100,000 0.11759532%
Yountville 2,829 $100,000 0.11759532%
Unincorporated 23,576 $100,000 0.11759532%
Nevada 101,242 $403,776 0.47482127%
Grass Valley 13,617 $100,000 0.11759532%
Nevada City 3,334 $100,000 0.11759532%
Truckee 17,100 $100,000 0.11759532%
Unincorporated 67,191 $103,776 0.12203531%
Orange 3,162,245 $5,659,942 6.65582662%
Aliso Viejo 50,782 $100,000 0.11759532%
Anaheim 341,245 $527,049 0.61978448%
Brea 46,872 $100,000 0.11759532%
Buena Park 83,430 $128,857 0.15152931%
Costa Mesa 111,394 $172,047 0.20231878%
Cypress 49,810 $100,000 0.11759532%
Dana Point 32,943 $100,000 0.11759532%
Fountain Valley 56,564 $100,000 0.11759532%
Fullerton 142,732 $220,448 0.25923626%
Garden Grove 170,526 $263,375 0.30971697%
Huntington Beach 196,100 $302,874 0.35616562%
Irvine 310,250 $479,177 0.56348997%
Laguna Beach 22,706 $100,000 0.11759532%
Laguna Hills 30,750 $100,000 0.11759532%
Laguna Niguel 64,316 $100,000 0.11759532%
Laguna Woods 17,514 $100,000 0.11759532%
La Habra 61,792 $100,000 0.11759532%
Lake Forest 86,775 $134,023 0.15760465%
La Palma 15,332 $100,000 0.11759532%
Los Alamitos 11,873 $100,000 0.11759532%
Mission Viejo 92,515 $142,888 0.16802989%
Newport Beach 83,727 $129,315 0.15206873%
Orange 137,676 $212,639 0.25005333%
Placentia 51,204 $100,000 0.11759532%
Rancho Santa Margarita 47,279 $100,000 0.11759532%
San Clemente 63,380 $100,000 0.11759532%
San Juan Capistrano 34,798 $100,000 0.11759532%
Santa Ana 308,459 $476,411 0.56023708%
Seal Beach 24,846 $100,000 0.11759532%
Stanton 39,275 $100,000 0.11759532%
Tustin 79,535 $122,841 0.14445504%
Villa Park 5,782 $100,000 0.11759532%
Westminster 90,393 $139,611 0.16417582%
10.5.a
2023 COPS Grant Acceptance
Packet Pg. 43
2022-23 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety
Front-line Law Enforcement Allocation for 2022-23
ATTACHMENT II
City/County
City/County
Population Estimates
1/1/2022
Projected Allocations by
City/County
Percent of Allocation by
City/County
Yorba Linda 67,233 $103,841 0.12211159%
Unincorporated 132,437 $204,547 0.24053802%
Placer 409,025 $917,996 1.07952076%
Auburn 13,608 $100,000 0.11759532%
Colfax 2,042 $100,000 0.11759532%
Lincoln 51,252 $100,000 0.11759532%
Loomis 6,739 $100,000 0.11759532%
Rocklin 71,663 $110,683 0.13015756%
Roseville 151,034 $233,270 0.27431473%
Unincorporated 112,687 $174,044 0.20466719%
Plumas 18,942 $200,000 0.23519064%
Portola 2,042 $100,000 0.11759532%
Unincorporated 16,900 $100,000 0.11759532%
Riverside 2,435,525 $4,554,736 5.35615595%
Banning 30,877 $100,000 0.11759532%
Beaumont 54,690 $100,000 0.11759532%
Blythe 17,505 $100,000 0.11759532%
Calimesa 10,899 $100,000 0.11759532%
Canyon Lake 11,056 $100,000 0.11759532%
Cathedral City 51,840 $100,000 0.11759532%
Coachella 42,158 $100,000 0.11759532%
Corona 156,778 $242,142 0.28474724%
Desert Hot Springs 32,569 $100,000 0.11759532%
Eastvale 69,929 $108,004 0.12700819%
Hemet 89,646 $138,457 0.16281909%
Indian Wells 4,762 $100,000 0.11759532%
Indio 89,137 $137,671 0.16189462%
Jurupa Valley 105,384 $162,764 0.19140315%
Lake Elsinore 71,615 $110,608 0.13007038%
La Quinta 37,860 $100,000 0.11759532%
Menifee 106,627 $164,684 0.19366074%
Moreno Valley 209,407 $323,426 0.38033439%
Murrieta 111,183 $171,721 0.20193555%
Norco 24,909 $100,000 0.11759532%
Palm Desert 50,889 $100,000 0.11759532%
Palm Springs 44,397 $100,000 0.11759532%
Perris 78,890 $121,845 0.14328356%
Rancho Mirage 16,804 $100,000 0.11759532%
Riverside 317,847 $490,911 0.57728798%
San Jacinto 54,593 $100,000 0.11759532%
Temecula 109,925 $169,778 0.19965072%
Wildomar 36,632 $100,000 0.11759532%
Unincorporated 396,717 $612,724 0.72053522%
Sacramento 1,576,618 $2,594,881 3.05145812%
Citrus Heights 86,367 $133,393 0.15686362%
Elk Grove 176,972 $273,331 0.32142449%
Folsom 84,592 $130,651 0.15363979%
Galt 25,239 $100,000 0.11759532%
Isleton 780 $100,000 0.11759532%
Rancho Cordova 80,359 $124,113 0.14595162%
Sacramento 518,037 $800,102 0.94088204%
Unincorporated 604,272 $933,290 1.09750592%
San Benito 65,479 $300,000 0.35278596%
Hollister 42,554 $100,000 0.11759532%
10.5.a
2023 COPS Grant Acceptance
Packet Pg. 44
2022-23 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety
Front-line Law Enforcement Allocation for 2022-23
ATTACHMENT II
City/County
City/County
Population Estimates
1/1/2022
Projected Allocations by
City/County
Percent of Allocation by
City/County
San Juan Bautista 2,093 $100,000 0.11759532%
Unincorporated 20,832 $100,000 0.11759532%
San Bernardino 2,187,665 $4,019,920 4.72723827%
Adelanto 36,357 $100,000 0.11759532%
Apple Valley 75,628 $116,806 0.13735897%
Barstow 25,202 $100,000 0.11759532%
Big Bear Lake 5,041 $100,000 0.11759532%
Chino 91,998 $142,090 0.16709090%
Chino Hills 77,964 $120,414 0.14160171%
Colton 53,617 $100,000 0.11759532%
Fontana 212,809 $328,681 0.38651325%
Grand Terrace 13,042 $100,000 0.11759532%
Hesperia 100,324 $154,949 0.18221295%
Highland 56,546 $100,000 0.11759532%
Loma Linda 25,349 $100,000 0.11759532%
Montclair 37,846 $100,000 0.11759532%
Needles 4,876 $100,000 0.11759532%
Ontario 179,516 $277,260 0.32604501%
Rancho Cucamonga 174,476 $269,476 0.31689114%
Redlands 72,585 $112,107 0.13183213%
Rialto 103,954 $160,556 0.18880592%
San Bernardino 220,840 $341,085 0.40109952%
Twentynine Palms 27,685 $100,000 0.11759532%
Upland 79,139 $122,229 0.14373580%
Victorville 136,561 $210,917 0.24802822%
Yucaipa 54,494 $100,000 0.11759532%
Yucca Valley 21,813 $100,000 0.11759532%
Unincorporated 300,003 $463,351 0.54487891%
San Diego 3,287,306 $5,484,529 6.44954913%
Carlsbad 115,585 $178,520 0.20993066%
Chula Vista 276,785 $427,491 0.50270934%
Coronado 22,277 $100,000 0.11759532%
Del Mar 3,929 $100,000 0.11759532%
El Cajon 105,638 $163,157 0.19186448%
Encinitas 61,515 $100,000 0.11759532%
Escondido 150,679 $232,722 0.27366996%
Imperial Beach 26,243 $100,000 0.11759532%
La Mesa 60,472 $100,000 0.11759532%
Lemon Grove 27,242 $100,000 0.11759532%
National City 61,471 $100,000 0.11759532%
Oceanside 173,048 $267,270 0.31429754%
Poway 48,759 $100,000 0.11759532%
San Diego 1,374,790 $2,123,346 2.49695528%
San Marcos 93,585 $144,541 0.16997328%
Santee 59,015 $100,000 0.11759532%
Solana Beach 12,812 $100,000 0.11759532%
Vista 100,291 $154,898 0.18215301%
Unincorporated 513,170 $792,585 0.93204238%
San Francisco 842,754 $1,301,623 1.53064763%
San Joaquin 784,298 $1,426,898 1.67796544%
Escalon 7,362 $100,000 0.11759532%
Lathrop 31,331 $100,000 0.11759532%
Lodi 66,570 $102,817 0.12090742%
Manteca 86,859 $134,153 0.15775721%
Ripon 15,979 $100,000 0.11759532%
10.5.a
2023 COPS Grant Acceptance
Packet Pg. 45
2022-23 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety
Front-line Law Enforcement Allocation for 2022-23
ATTACHMENT II
City/County
City/County
Population Estimates
1/1/2022
Projected Allocations by
City/County
Percent of Allocation by
City/County
Stockton 322,489 $498,080 0.58571899%
Tracy 94,538 $146,013 0.17170416%
Unincorporated 159,170 $245,836 0.28909170%
San Luis Obispo 280,721 $888,372 1.04468373%
Arroyo Grande 18,294 $100,000 0.11759532%
Atascadero 30,480 $100,000 0.11759532%
El Paso de Robles 31,176 $100,000 0.11759532%
Grover Beach 12,707 $100,000 0.11759532%
Morro Bay 10,466 $100,000 0.11759532%
Pismo Beach 7,981 $100,000 0.11759532%
San Luis Obispo 47,653 $100,000 0.11759532%
Unincorporated 121,964 $188,372 0.22151649%
San Mateo 744,662 $2,346,354 2.75920222%
Atherton 6,718 $100,000 0.11759532%
Belmont 27,203 $100,000 0.11759532%
Brisbane 4,721 $100,000 0.11759532%
Burlingame 30,283 $100,000 0.11759532%
Colma 1,370 $100,000 0.11759532%
Daly City 102,875 $158,889 0.18684619%
East Palo Alto 28,963 $100,000 0.11759532%
Foster City 33,056 $100,000 0.11759532%
Half Moon Bay 11,308 $100,000 0.11759532%
Hillsborough 11,018 $100,000 0.11759532%
Menlo Park 33,034 $100,000 0.11759532%
Millbrae 22,512 $100,000 0.11759532%
Pacifica 37,533 $100,000 0.11759532%
Portola Valley 4,289 $100,000 0.11759532%
Redwood City 82,344 $127,179 0.14955687%
San Bruno 42,656 $100,000 0.11759532%
San Carlos 29,837 $100,000 0.11759532%
San Mateo 103,779 $160,285 0.18848808%
South San Francisco 64,492 $100,000 0.11759532%
Woodside 5,212 $100,000 0.11759532%
Unincorporated 61,459 $100,000 0.11759532%
Broadmoor Police Protection District 0 $100,000 0.11759532% Santa Barbara 445,164 $1,119,654 1.31666022%
Buellton 5,055 $100,000 0.11759532%
Carpinteria 12,963 $100,000 0.11759532%
Goleta 32,591 $100,000 0.11759532%
Guadalupe 8,544 $100,000 0.11759532%
Lompoc 43,845 $100,000 0.11759532%
Santa Barbara 86,591 $133,739 0.15727046%
Santa Maria 109,910 $169,755 0.19962347%
Solvang 5,709 $100,000 0.11759532%
Unincorporated 139,956 $216,160 0.25419437%
Santa Clara 1,894,783 $3,339,482 3.92707488%
Campbell 42,833 $100,000 0.11759532%
Cupertino 59,610 $100,000 0.11759532%
Gilroy 59,269 $100,000 0.11759532%
Los Altos 31,526 $100,000 0.11759532%
Los Altos Hills 8,400 $100,000 0.11759532%
Los Gatos 33,062 $100,000 0.11759532%
Milpitas 80,839 $124,855 0.14682342%
Monte Sereno 3,488 $100,000 0.11759532%
Morgan Hill 46,451 $100,000 0.11759532%
10.5.a
2023 COPS Grant Acceptance
Packet Pg. 46
2022-23 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety
Front-line Law Enforcement Allocation for 2022-23
ATTACHMENT II
City/County
City/County
Population Estimates
1/1/2022
Projected Allocations by
City/County
Percent of Allocation by
City/County
Mountain View 83,864 $129,527 0.15231756%
Palo Alto 67,473 $104,211 0.12254749%
San Jose 976,482 $1,508,164 1.77353042%
Santa Clara 130,127 $200,980 0.23634250%
Saratoga 30,667 $100,000 0.11759532%
Sunnyvale 156,234 $241,301 0.28375920%
Unincorporated 84,458 $130,444 0.15339641%
Santa Cruz 266,564 $600,748 0.70645134%
Capitola 9,794 $100,000 0.11759532%
Santa Cruz 64,075 $100,000 0.11759532%
Scotts Valley 12,049 $100,000 0.11759532%
Watsonville 50,669 $100,000 0.11759532%
Unincorporated 129,977 $200,748 0.23607006%
Shasta 180,531 $445,892 0.52434772%
Anderson 11,088 $100,000 0.11759532%
Redding 92,963 $143,580 0.16884357%
Shasta Lake 10,237 $100,000 0.11759532%
Unincorporated 66,243 $102,311 0.12031351%
Sierra 3,229 $200,000 0.23519064%
Loyalton 737 $100,000 0.11759532%
Unincorporated 2,492 $100,000 0.11759532%
Siskiyou 43,830 $1,100,000 1.29354852%
Dorris 847 $100,000 0.11759532%
Dunsmuir 1,681 $100,000 0.11759532%
Etna 674 $100,000 0.11759532%
Fort Jones 684 $100,000 0.11759532%
Montague 1,215 $100,000 0.11759532%
Mount Shasta 3,204 $100,000 0.11759532%
Tulelake 886 $100,000 0.11759532%
Weed 2,828 $100,000 0.11759532%
Yreka 7,772 $100,000 0.11759532%
Unincorporated 24,039 $100,000 0.11759532%
Lake Shastina Community Services District 0 $100,000 0.11759532% Solano 447,241 $1,031,835 1.21338963%
Benicia 26,656 $100,000 0.11759532%
Dixon 19,083 $100,000 0.11759532%
Fairfield 119,897 $185,179 0.21776231%
Rio Vista 9,925 $100,000 0.11759532%
Suisun City 28,896 $100,000 0.11759532%
Vacaville 101,257 $156,390 0.18390751%
Vallejo 123,190 $190,265 0.22374321%
Unincorporated 18,337 $100,000 0.11759532%
Sonoma 482,404 $1,275,577 1.50001886%
Cloverdale 8,905 $100,000 0.11759532%
Cotati 7,397 $100,000 0.11759532%
Healdsburg 11,030 $100,000 0.11759532%
Petaluma 58,945 $100,000 0.11759532%
Rohnert Park 43,998 $100,000 0.11759532%
Santa Rosa 175,775 $271,482 0.31925044%
Sebastopol 7,489 $100,000 0.11759532%
Sonoma 10,779 $100,000 0.11759532%
Windsor 25,942 $100,000 0.11759532%
Unincorporated 132,144 $204,095 0.24000586%
10.5.a
2023 COPS Grant Acceptance
Packet Pg. 47
2022-23 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety
Front-line Law Enforcement Allocation for 2022-23
ATTACHMENT II
City/County
City/County
Population Estimates
1/1/2022
Projected Allocations by
City/County
Percent of Allocation by
City/County
Stanislaus 549,466 $1,318,482 1.55047341%
Ceres 48,386 $100,000 0.11759532%
Hughson 7,495 $100,000 0.11759532%
Modesto 217,880 $336,513 0.39572343%
Newman 12,244 $100,000 0.11759532%
Oakdale 23,071 $100,000 0.11759532%
Patterson 24,370 $100,000 0.11759532%
Riverbank 24,583 $100,000 0.11759532%
Turlock 71,531 $110,479 0.12991781%
Waterford 8,872 $100,000 0.11759532%
Unincorporated 111,034 $171,491 0.20166493%
Sutter 99,145 $307,594 0.36171571%
Live Oak 9,394 $100,000 0.11759532%
Yuba City 69,663 $107,594 0.12652507%
Unincorporated 20,088 $100,000 0.11759532%
Tehama 65,052 $400,000 0.47038128%
Corning 8,100 $100,000 0.11759532%
Red Bluff 14,605 $100,000 0.11759532%
Tehama 424 $100,000 0.11759532%
Unincorporated 41,923 $100,000 0.11759532%
Trinity 16,023 $100,000 0.11759532%
Tulare 475,014 $1,135,678 1.33550376%
Dinuba 25,127 $100,000 0.11759532%
Exeter 10,257 $100,000 0.11759532%
Farmersville 10,239 $100,000 0.11759532%
Lindsay 12,566 $100,000 0.11759532%
Porterville 62,345 $100,000 0.11759532%
Tulare 69,462 $107,283 0.12616000%
Visalia 142,091 $219,458 0.25807205%
Woodlake 7,648 $100,000 0.11759532%
Unincorporated 135,279 $208,937 0.24569979%
Tuolumne 55,291 $200,000 0.23519064%
Sonora 5,144 $100,000 0.11759532%
Unincorporated 50,147 $100,000 0.11759532%
Ventura 833,652 $1,614,853 1.89899119%
Camarillo 70,171 $108,378 0.12744772%
Fillmore 16,469 $100,000 0.11759532%
Moorpark 35,399 $100,000 0.11759532%
Ojai 7,466 $100,000 0.11759532%
Oxnard 200,050 $308,975 0.36333979%
Port Hueneme 21,599 $100,000 0.11759532%
San Buenaventura 108,231 $167,161 0.19657400%
Santa Paula 30,892 $100,000 0.11759532%
Simi Valley 124,985 $193,038 0.22700336%
Thousand Oaks 124,592 $192,431 0.22628958%
Unincorporated 93,798 $144,870 0.17036014%
Yolo 221,165 $500,189 0.58819927%
Davis 64,869 $100,189 0.11781799%
West Sacramento 52,837 $100,000 0.11759532%
Winters 7,422 $100,000 0.11759532%
Woodland 60,137 $100,000 0.11759532%
10.5.a
2023 COPS Grant Acceptance
Packet Pg. 48
2022-23 Enhancing Law Enforcement Activities Subaccount Citizens' Option for Public Safety
Front-line Law Enforcement Allocation for 2022-23
ATTACHMENT II
City/County
City/County
Population Estimates
1/1/2022
Projected Allocations by
City/County
Percent of Allocation by
City/County
Unincorporated 35,900 $100,000 0.11759532%
Yuba 82,275 $301,607 0.35467594%
Marysville 12,824 $100,000 0.11759532%
Wheatland 3,664 $100,000 0.11759532%
Unincorporated 65,787 $101,607 0.11948530%
CALIFORNIA TOTAL 39,185,605 $85,037,400 100.00000000%
CALIFORNIA CITY TOTAL 32,813,058 $73,282,889 86.17724493%
10.5.a
2023 COPS Grant Acceptance
Packet Pg. 49
Revenue: 1001000 51200 Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
FINANCE DEPARTMENT
COUNCIL MEETING DATE: NOVEMBER 1, 2022
TO: LINDA REICH, CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE
SUBJECT: DECLARATION OF INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT 2022-1 AND INCUR BONDED INDEBTEDNESS.
RECOMMENDATION
1) Adopt Resolution No. 2022-077, declaring the City of Chino’s intention to establish Community Facilities District No. 20 22-1; 2) adopt Resolution No. 2022-078, declaring the City of Chino’s Intention to Incur Bonded Indebtedness for the proposed Community Facilities District No. 20 22-1; 3) approve the Acquisition Agreement between the City of Chino and KB Home Coastal Inc.; 4) approve the reimbursement agreement between the City of Chino and KB Home Coastal Inc.; and 5) authorize the City Manager to execute all necessary documents on behalf of the City.
FISCAL IMPACT
The City will receive City Services Tax revenue of approximately $143,000 per year upon build out of the proposed CFD. This revenue is intended to offset the cost of providing City services to the homes within CFD 2022-1.
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
• Superior Customer Service
• Financial Stability
10.6 CONSENT CALENDAR
Packet Pg. 50
COUNCIL MEETING DATE: NOVEMBER 1, 2022
SUBJECT: DECLARATION OF INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT 2022-1 AND INCUR BONDED INDEBTEDNESS
PAGE 2
BACKGROUND
KB Homes is currently developing a portion of land within The Preserve referred to as the Falloncrest project. This land is located north of Pine Ave. and east of East Preserve Loop. The project will consist of 197 residential housing units. As part of the development of The Preserve, the City of Chino is requiring KB Homes to build the necessary public infrastructure to serve the residents in this new project area.
The public improvements for the KB Homes project will consist of backbone infrastructure such as sewer, water and gas lines, storm drain connections, streets, curb and gutters, streetlight and traffic signal improvements, landscaped medians, and other required facilities . Authorized municipal services payable from the services tax include maintenance of parks, parkways, and open space; flood and storm protection; operation of storm drainage systems; and public safety services.
KB Homes has requested that the City establish CFD No. 20 22-1 to finance the required infrastructure. See attached map for the proposed CFD 2022-1 service area.
ISSUES/ANALYSIS
Current Government Code provisions require the City to adopt a Resolution of Intention to establish the CFD, and to declare its intention to incur bonded indebtedness for the proposed CFD. The City must also set a public hearing d ate for no less than 30 days, and no more than 60 days after the date the Resolution of Intention is approved. Prior to the public hearing, a public notice must be published in a local paper. After the public hearing has been held, an election is held fo r the affected property owners to cast their ballots. The ballots are then counted, and if the Improvement Area is approved by the property owner(s), the City adopts a resolution determining the formation of the CFD.
On December 6, 2022, a public hearing will be scheduled to establish CFD 2022-1 and the levy of a special tax therein . The levy of the proposed special tax shall be subject to approval of the qualified electors of the CFD at a special election. The proposed vot ing procedure shall be by mail or hand delivered ballots to the landowners in the proposed CFD.
Pursuant to Section 53314.9 of the Mello -Roos Community Facilities Act of 1982, the City proposes to authorize bonded indebtedness for financing the acquisition and/or construction of certain public improvements and City development impact fees not to exceed the aggregate principal amount of $17,000,000.
The CFD bonds are payable from and secured by special taxes, which are levied upon each individual property within the CFD. The General Fund of the City of Chino is not obligated to pay debt service on the bonds.
10.6 CONSENT CALENDAR
Packet Pg. 51
COUNCIL MEETING DATE: NOVEMBER 1, 2022
SUBJECT: DECLARATION OF INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT 2022-1 AND INCUR BONDED INDEBTEDNESS
PAGE 3
Attachments: Resolution No. 2022-077 (Exhibits A, B, C) Resolution No. 2022-078
Acquisition Agreement
Reimbursement Agreement
CFD 2022-1 Boundary Map
RB:hm
10.6 CONSENT CALENDAR
Packet Pg. 52
1 RESOLUTION NO. 2022-077
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, DECLARING ITS INT ENTION TO ESTABLISH
COMMUNITY FACILITIES DISTRICT NO. 2022-1 (FALLONCREST)
OF THE CITY OF CHINO , TO AUTHORIZE THE LEVY OF A
SPECIAL TAX TO PAY THE COST OF ACQUIRING OR
CONSTRUCTING CERTAIN PUBLIC FACILITIES , PROVIDING
CERTAIN SERVICES AND PAYING FOR CERTAIN INCIDENTAL
EXPENSES AND TO PAY DEBT SERVICE ON BONDED
INDEBTEDNESS
WHEREAS, in accordance with Sections 53318 and 53319 of the Mello-Roos Community Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”), the City of Chino (the “City”) has received a petition from KB Home Coastal Inc., a California c orporation (the “Owner”), the owner of all of the territory described in Exhibit A attached hereto (the “Property”), requesting the City establish Community Facilities District No. 2022-1 (Falloncrest) of the City of Chino (the “Community Facilities Distri ct”) to finance (1) the purchase, construction, expansion, improvement or rehabilitation of the public facilities described in Exhibit B hereto (which attachment is incorporated herein by this reference), including all furnishings, equipment and supplies r elated thereto (collectively, the “Facilities”), which Facilities have a useful life of five years or longer, (2) the services described in Exhibit B hereto (the “Services”), and (3) the incidental expenses to be incurred in connection with financing the Facilities and Services, and forming and administering the Community Facilities District (the “Incidental Expenses”); and WHEREAS, the City Council of the City (the “City Council”), acting as the legislative body of the Community Facilities District, further intends to approve an estimate of the costs of the Facilities, Services and the Incidental Expenses for the Community Facilities District; and WHEREAS, it is the intention of the City Council to consider financing the Facilities and the Incidental Expenses through the formation of the Community Facilities District, and the sale of bonds in an amount not to exceed $17,000,000 (the “Obligations”) and the levy of a special tax to pay debt service on the Obligations, provided that the bond sa le and special tax levy are approved at elections to be held for the Community Facilities District; and WHEREAS, the City and the Owner desire to finance certain Facilities through the execution and delivery of an acquisition agreement, by and between the City, acting for itself and on behalf of the Community Facilities District, and the Owner dated as of November 1, 2022 (the “Acquisition Agreement”); and
WHEREAS, the form of such Acquisition Agreement has been presented to this City Council for approval;
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF CHINO AS FOLLOWS:
Section 1. Intention. The City Counci l declares its intention to conduct proceedings pursuant to the Act for the establishment of the Community Facilities District with boundaries coterminous with the Property. It is further proposed that the boundaries of the Community Facilities District shall be the legal boundaries as described in Exhibit A hereto which boundaries
10.6.a
Formation of CFD 2022-1
Packet Pg. 53
-2-
shall, upon recordation of the boundary map for the Community Facilities District , include the entirety of any parcel subject to taxation by Community Facilities District, except where indicated on the boundary map, and as depicted on the boundary map of the Community Facilities District which is on file with the City Clerk. The City Clerk is hereby directed to sign the original boundary map of the Community Facilities District and record it with all proper endorsements thereon with the County Recorder of the County of San Bernardino within 15 days after the adoption of this resolution, all as required by Section 3111 of the Streets and Highways Code of the State of California.
Section 2. Name of the Community Facilities District . The name of the proposed Community Facilities District shall be “Community Facilities District No. 2022-1 (Falloncrest) of the City of Chino.”
Section 3. Types of Facilities and Services to be Financed by the Community Facilities District. The Facilities proposed to be provided within the Community Facilities District are public facilities as defined in the Act. The Services proposed to be provided for the benefit of the District are public services as defined in the Act . The City Council hereby finds and determines that the description of the Facilities, Services and Incidental Expenses herein is sufficiently informative to allow taxpayers within the Community Facilities District to understand what the funds of the Community Facilities District may be used to finance, the Facilities, Services and Incidental Expenses expected to be incurred, including the cost of planning and designing the Facilities and Services, the costs of forming the Community Facilities District , issui ng bonds, levying and collecting a special tax and the annual administration costs of the Community Facilities District.
The City Council hereby finds that the proposed Facilities and Services are necessary to meet increased demands placed upon the City as a result of development occurring in the Community Facilities District. The Facilities may be acquired from one or more of the property owners as completed public facilities or may be constructed by or on behalf of the City and paid for with bond proceeds and special taxes . Any portion of the Facilities may be financed through a lease or lease-purchase arrangement if the City hereafter determines that such arrangement is of benefit to the City. The City Council hereby finds and determines that the Services to be financed are in addition to those provided in the territory of the District at the present time and do not supplant services already available within the territory of the District at the present time. Bond proceeds shall not be used to finance Services.
Section 4. Special Taxes. Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordance with the procedures contained in the Act a special tax, secured by a continuing lien against all non -exempt real property in the Community Facilities District, sufficient to pay for the Facilities, Services and Incidental Expenses and the principal and interest and other periodic costs on bonds or other indebtedness issued to finance the Facilities and Incidental Expen ses, including the establishment and replenishment of any reserve funds deemed necessary by the City, and any remarketing, credit enhancement and liquidity facility fees (including such fees for instruments which serve as the basis of a reserve fund in lie u of cash) attributable to the Community Facilities District . The rate and method of apportionment and manner of collection of the special tax in the Community Facilities District is described in detail in Exhibit C attached hereto (which attachment is in corporated herein by this reference). Exhibit C allows each landowner within the Community Facilities District to estimate the maximum amount of special taxes that may be levied against each parcel.
If special taxes of the Community Facilities District are levied against any parcel used for private residential purposes, (i) the maximum special tax rate shall not be increased except to the extent permitted in the rate and method, (ii) such tax shall not be levied later than the 2067-68
10.6.a
Formation of CFD 2022-1
Packet Pg. 54
-3-
Fiscal Year and (ii i) under no circumstances shall such special tax in the Community Facilities District be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the Community Facilities District by more than ten percent (10% ) above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults.
The special tax is based on the expected demand that each parcel of real property within the Community Facilities District will place on the Facilities and Services. The City Council hereby determines the rate and method of apportionment of the special tax set forth in Exhibit C to be reasonable. The special tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act; and such special tax is not on or based upon the value or ownership of real property. In the event that a portion of the property within the Community Facilities District shall become for any reason exempt, wholly or partially, from the levy of the special tax specified in Exhibit C, the City Council shall, on behalf of the Community Facilities District, cause the levy to be increased, subject to the limitation of the maximum special tax for a parcel as set forth in Exhibit C, to the extent necessary upon the remaini ng property within the Community Facilities District which is not exempt in order to yield the special tax revenues required for the purposes described in this Section. The obligation to pay special taxes may be prepaid as provided in the rate and method of apportionment set forth in Exhibit C, as such rate and method may be amended hereafter.
Section 5. Public Hearing . A combined public hearing (the “Hearing”) on the establishment of the Community Facilities District , the proposed rate and method of apportionment of the special tax and the proposed issuance of bonds to finance the Facilities and the Incidental Expenses shall be held at 7 p.m., or as soon thereafter as practicable, on December 6, 2022, at the City Council’s Chambers, 13220 Central Avenue, Chino, Cali fornia. If the City Council determines to form the Community Facilities District , a special election will be held to authorize the issuance of the bonds and the levy of the special tax in accordance with the procedures contained in Government Code Section 53326. If such election is held, the proposed voting procedure at the election will be a landowner vote with each landowner who is the owner of record of land within the Community Facilities District at the close of the Hearing, or the authorized representative thereof, having one vote for each acre or portion thereof owned within the Community Facilities District. Ballots for the special election may be distributed by mail or by personal service.
At the time and place set forth above for the Hearing, th e City Council will receive testimony as to whether the Community Facilities District shall be established and whether special taxes shall be levied in accordance with the proposed method of apportionment of the special tax, and whether Obligations shall b e issued to finance Facilities and Incidental Expenses of the Community Facilities District.
At the time and place set forth above for the Hearing, any interested person, including all persons owning lands or registered to vote within the Community Facilities District, may appear and be heard.
Section 6. Notice. The City Clerk is hereby authorized and directed to publish a notice (the “Notice”) of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the Community Facilities District. The City Clerk is further authorized and directed to mail a copy of the Notice to each of the landowners within the boundaries of the Community Facilities District at least 15 days prior to the Hearing. The Notice shall contain the text or a summary of this Resolution, the time and place of the Hearing, a
10.6.a
Formation of CFD 2022-1
Packet Pg. 55
-4-
statement that the testimony of all interested persons or taxpayers will be heard, a description of the protest rights of the registered voters and landowners in the Community Facilities District and a description of the proposed voting procedure for the election required by the Act. Such publication shall be completed at least seven (7) days prior to the date of the Hearing.
Section 7. Reports re Facilities and Services . Each City officer who is or will be responsible for providing the Facilities and Services within the Community Facilities District, if it is established, is hereby directed to study the Community Facilities District and, at or before the time of the Hearing, file a report with the City Council containing a brief description of the public facilities and services by type which will in his or her opinion be required to meet adequately the needs of the Community Facilities District and an estimate of the cost of providing those public facilities.
Section 8. Advance of Funds. The City may accept advances of funds or work -in-kind from any source, including, but not limited to, private persons or private entities, for any authorized purpose, including, but no t limited to, paying any cost incurred by the City in creating the Community Facilities District . The City may enter into an agreement with the person or entity advancing the funds or work -in-kind, to repay all or a portion of the funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work -in-kind, as determined by the City Council, with or without interest.
Section 9. Maximum Bonded Indebtedness . The reasonably expected maximum principal amount of the Obligations is Seventeen Million Dollars ($17,000,000).
Section 10. Reservation of Rights. Except to the extent limited in any bond resolution or trust indenture related to the issuance of bonds, the City Council hereby reserves to itself all rights and powers set forth in Section 53344.1 of the Act (relating to tenders in full or partial payment).
Section 11. The form of the Acquisition Agreement presented at this meeting is hereby approved; and any one of the Mayor, City Manager or Director of Finance of the City (collectively, the “Authorized Officers”) and attested to by the City Clerk, is hereby authorized and directed to execute the Acquisition Agreement substantially in the form presented at this meeting, 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 Acquisition Agreement.
Section 12. This Resolution shall be effective upon its adoption.
10.6.a
Formation of CFD 2022-1
Packet Pg. 56
-5-
PASSED AND ADOPTED by the City Council at a regular meeting held on the 1st day of November 2022.
FOR THE CITY OF CHINO:
By:__________________________________
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 of the City of Chino at a regular meeting held on the 1st day of November 2022, by the following votes:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ANGELA ROBLES, CITY CLERK
Attachments: Exhibits A, B and C
10.6.a
Formation of CFD 2022-1
Packet Pg. 57
A-1
EXHIBIT A
DESCRIPTION OF THE PROPERTY TO BE INCLUDED WITHIN THE PROPOSED
COMMUNITY FACILITIES DISTRICT
10.6.a
Formation of CFD 2022-1
Packet Pg. 58
B-1
EXHIBIT B
DESCRIPTION OF PUBLIC FACILITIES AND SERVICES
TYPES OF PUBLIC FACILITIES
The types of Facilities that are proposed by CFD No. 2022-1 and financed with the proceeds of special taxes and bonds issued by CFD No. 2022-1 consist of backbone infrastructure needed for new development, such as roadway, bridge, sewer, water, reclaimed water, storm drain, street and parkway landscaping, curb and gutter, medians, median landscaping, traffic signals, entry signage, parks, trails, fire facilities, library facilities and public community facilities, and appurtenances and appurtenant work, and development impact fees that are used by the City to const ruct infrastructure , including any other facilities that are necessary for development of the property within the boundaries of CFD No. 2022-1.
The description of Facilities described above is general in nature. The final nature and location of the Facilities will be determined upon preparation of final plans and specifications.
TYPES OF SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2022-1, as provided by Section 53313 of the Act, include the following (collectively, the “Services”):
(i) maintenance of parks, parkways, park lighting, sidewalks, signage, landscaping in public areas, easements or right of way and open space; (ii) flood and storm protection services;
(iii) the operation of storm drainage systems;
(iv) maintenance of streets and roadways, traffic signals and street lighting; (v) graffiti and debris removal from public improvements; (vi) public safety services including police, fire protection and fire suppression; (vii) operation of library and recreation programs;
(viii) operation of future museums and cultural facilities; and (ix) maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City of Chino.
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses” as said term is defined in the Rate and Method of Apportionment and to establish an operatin g reserve for the costs of services as determined by the CFD Administrator. Capitalized terms used and not defined herein shall have the meanings set forth in the Rate and Method of Apportionment of Special Tax for CFD No. 2022-
1. 10.6.a
Formation of CFD 2022-1
Packet Pg. 59
C-1
EXHIBIT C
RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 2022-1
OF THE CITY OF CHINO
The following sets forth the Rate and Method of Apportionment for the levy and collection of Annual Special Tax A and Annual Special Tax B in Community Facilities District No. 2022-1 (“CFD No. 2022-1”) of the City of Chino ( “City”). An Annual Special Tax A and Annual Special Tax B shall be levied on and collected in CFD No. 2022-1 each Fiscal Year, in an amount determined through the application of the Rate and Method of Apportionment described below.
All of the real property wit hin CFD No. 2022-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.
SECTION A
DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acquisition Agreement” means the Acquisition Agreement by and between the City and KB Homes Costal, et al, as it may be amended.
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the land area is not shown on the applicable Final Map, the land area shall be calculated by the City Engineer.
“Act” means the Mello-Roos Community Facilities Act of 1982 as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. “Administrative Expenses ” means any ordinary and necessary expenses allocable to the Special Tax A Requirement and to the Special Tax B Requirement which are incurred by the City on behalf of CFD No. 2022-1 related to the determination of the amount of the levy of Special Tax A and Special Tax B, the collection of Special Tax A and Special Tax B including the expenses of collecting delinquencies, the administr ation of Bonds, the payment of salaries and benefits of any City employee whose duties are directly related to the administration of CFD No. 2022-1, and costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2022-1.
“Administrator” means an official of the City, or designee thereof, responsible for, among other things, determining the annual amount of the levy and collection of the Special Tax A and Special Tax B.
“Annual Special Tax A” means for each Assessor’s Parcel, the Special Tax A actually levied in a given Fiscal Year on any Assessor’s Parcel.
“Annual Special Tax B” means for each Assessor’s Parcel, the Special Tax B actually levied in a given Fiscal Year on any Assessor’s Parcel.
“Approved Property” means all Assessor’s Parcels of Taxable Property other than Provisional Undeveloped Property : (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax A is being levied, and (ii ) that
10.6.a
Formation of CFD 2022-1
Packet Pg. 60
C-2
have not been issued a building permit on or before March 1st preceding the Fiscal Year in which the Special Tax A is being levied.
“Assessor’s Parcel” means a lot or parcel of land designated on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number within the boundaries of CFD No. 2022-1. “Assessor’s Parcel Map ” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number ” means that number assigned to a lot or parcel of land by the County Assessor for purposes of identification.
“Assigned Annual Special Tax A” means the Special Tax A of that name described in Section D below.
“Backup Annual Special Tax A” means the Special Tax A of that name described in Section E below.
“Bonds” means those bonds issued by or on behalf of CFD No. 2022-1, or any refunding thereof, to which Special Tax A has been pledged.
“Boundary Map” means a recorded map which indicates the boundaries of CFD No. 2022-1. “Building Square Footage” or “BSF” means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the building permit application for such Assessor’s Parcel and subject to verification by City Staff.
“Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
“CFD No. 2022-1” means Community Facilities District No. 2022-1 established by the City under the Act.
“City” means the City of Chino, or its designee.
“City Council” means the City Council of the City of Chino, acting as the legislative body of CFD No. 2022-1, or its designee.
“Consumer Price Index” or “CPI” means the index published monthly by the U.S. Department of Labor, Bureau of Labor Statistics for all urban consumers in the Riverside -San Bernardino- Ontario area. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the Administrator that is reasonably comparable to the Consumer Price Index for the Riverside-San Bernardino-Ontario.
“County” means the County of San Bernardino.
“Developed Property” means all Assessor’s Parcels of Taxable Property other than Provisional Undeveloped Property that: (i) are included in a Final Map that was recorded prior to January 1st preceding the Fiscal Year in which the Special Tax A is being levied, and (ii) a building permit was
10.6.a
Formation of CFD 2022-1
Packet Pg. 61
C-3
issued on or before March 1st preceding the Fiscal Year in which the Special Tax A or Special Tax B is being levied.
“Exempt Property” means all Assessor’s Parcels designated as being exempt from both Special Tax A and Special Tax B as provided for in Section L.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 4285 that creates individual lots for which building permits may be issued without further subdivision. “Fiscal Year ” means the period commencing July 1 of any year and ending the following June 30.
“Land Use Type ” means Residential Property, Multifamily Residential Property, or Non - Residential Property.
“Maximum Special Tax A” means for each Assessor’s Parcel of Taxable Property, the maximum Special Tax A, determined in accordance with Section C that can be levied in any Fiscal Year on such Assessor’s Parcel.
“Maximum Special Tax B” means for each Assessor ’s Parcel of Developed Property, the maximum amount of Special Tax B, determined in accordance with Section I that can be levied in any Fiscal Year on such Assessor’s Parcel.
“Multifamily Residential Property” means all Parcels of Developed Property for which a building permit has been issued for the purpose of constructing a building or buildings comprised of attached Units available for rental by the general public, not for sale to an end user, and under common management, as determined by the Administrator.
“Non-Residential Property” means all Assessor’s Parcels of Developed Property for which a building permit was issued for any type of non-residential use. “Partial Prepayment Amount ” means the amount required to prepay a portion of the Special Tax A obligation for an Assessor’s Parcel, as described in Section H. “Prepayment Amount” means the amount required to prepay the Special Tax A obligation in full for an Assessor’s Parcel, as described in Section G.
“Proportionately” means for Special Tax A that the ratio of the Annual Special Tax A levy to the applicable Assigned Annual Special Tax A is equal for all applicable Assessor ’s Parcels. In the case of Special Tax B, means that the ratio of the Annual Special Tax B levy to the applicable Maximum Special Tax B is equal for all applicable Asse ssor’s Parcels. In case of Developed Property subject to the apportionment of the Annual Special Tax A under Step Four of Section F, “Proportionately” means that the quotient of (a ) Annual Special Tax A less the Assigned Annual Special Tax A divided by (b) the Backup Annual Special Tax A less the Assigned Annual Special Tax A, is equal for all applicable Assessor’s Parcels.
“Provisional Undeveloped Property” means all Assessor’s Parcels of Taxable Property subject to Special Tax A that would otherwise be classified as Exempt Property pursuant to the provisions
10.6.a
Formation of CFD 2022-1
Packet Pg. 62
C-4
of Section L, but cannot be classified as Exempt Property because to do so would reduce the Acreage of all Taxable Property below the required minimum Acreage set forth in Section L. “Residential Property” means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units, which is not Multifamily Residential Property.
“Services” means services permitted under the Act including, without limitation, maintenance of parks, parkways and open space, flood and storm protection services the operation of storm drainage systems, and public safety services. All of the services financed must be provided within the boundaries of or for the benefit of CFD No. 2022-1. “Special Tax A” means any of the special taxes authorized to be levied on Taxable Property within CFD No. 2022-1 pursuant to the Act to fund the Special Tax A Requirement. “Special Tax B” means the special tax authorized to be levied in each Fiscal Year on each Assessor’s Parcel of Developed Property to fund the Special Tax B Requirement. “Special Tax A Requirement ” means, subject to the Maximum Special Tax A, the amount required in any Fiscal Year to pay : (i) the debt service or the periodic costs on all outstanding Bonds due in the Calendar Year that commences in such Fiscal Year, (ii ) Administrative Expenses (apportioned between Special Tax A and Special Tax B), (iii) the costs associated with the release of funds from an escrow account, (iv ) any amount required to establish or replenish any reserve funds established in association with the Bonds, and (v ) the collection or accumulation of funds for the acquisition or construction of facilities or payment of fees authorized by CFD No. 2022-1 by the levy on Developed Property of the Assigned Annual Special Tax A, as required by the Acquisition Agreement provided that the inclusion of such amount does not cause an increase in the levy of Special Tax A on Approved Property or Undeveloped Property as set forth in Step Two and Three of Section F, less (vi) any amount available to pay debt service or other periodic costs on the Bonds pursuant to any applicable fiscal agent agreement, or trust agreement.
“Special Tax B Requirement” means, subject to the Maximum Special Tax B, that amount to be collected in any Fiscal Year to pay for certain services as required to meet the needs of CFD No. 2022-1 in both the current Fiscal Year and the next Fiscal Year. The costs of services to be covered shall be the direct costs for (i ) Services, and (ii) Administrative Expenses (apportioned between Special Tax A and Special Tax B); less (iii ) a credit for funds available to reduce the Annual Special Tax B levy, if any, as determined by the Administrator. Under no circumstances shall the Special Tax B Requirement include funds for Bonds. “Taxable Property” means all Assessor’s Parcels within CFD No. 2022-1, which are not Exempt Property.
“Undeveloped Property ” means all Assessor ’s Parcels of Taxable Property which are not Developed Property, Approved Property or Provisional Undeveloped Property. “Unit” means any residential structure.
10.6.a
Formation of CFD 2022-1
Packet Pg. 63
C-5
SECTION B
CLASSIFICATION OF ASSESSOR’S PARCELS
Each Fiscal Year, beginning with Fiscal Year 2022-23, each Assessor ’s Parcel within CFD No. 2022-1 shall be classified as Taxable Property or Exemp t Property. In addition, each Assessor’s Parcel of Taxable Property shall be further classified as Developed Property, Approved Property, Undeveloped Property, or Provisional Undeveloped Property . In addition, each Assessor’s Parcel of Developed Property shall further be classified as Residential Property, Multifamily Residential Property, or Non-Residential Property.
SECTION C
MAXIMUM SPECIAL TAX A
1. Developed Property
The Maximum Special Tax A for each Assessor ’s Parcel of Residential Property, Multifamily Residential Property, or Non-Residential Property in any Fiscal Year shall be the greater of (i ) the Assigned Annual Special Tax A or (ii ) the Backup Annual Special Tax A.
2. Approved Property, Undeveloped Property, and Provisional Undeveloped Property The Maximum Special Tax A for each Assessor’s Parcel classified as Approved Property, Undeveloped Property, or Provisional Undeveloped Property in any Fiscal Year shall be the Assigned Annual Special Tax A.
SECTION D
ASSIGNED ANNUAL SPECIAL TAX A
1. Developed Property
Each Fiscal Year, each Assessor’s Parcel of Residential Property, Multifamily Residential Property, or Non-Residential Property shall be subject to an Assigned Annual Special Tax A.
The Assigned Annual Special Tax A applicable to an Assessor ’s Parcel of Developed Property shall be determined using Table 1 below:
TABLE 1
ASSIGNED ANNUAL SPECIAL TAX A RATES
FOR DEVELOPED PROPERTY
Land Use Type Building Square Footage Rate
Residential Property Less than 1,550 $4,550 per Unit
Residential Property 1,551 – 1,700 $4,625 per Unit
Residential Property 1,701 – 1,850 $4,700 per Unit
Residential Property 1,851 – 2,000 $4,775 per Unit
Residential Property Greater than 2,000 $4,850 per Unit Multifamily Residential
Property
N/A $87,786 per Acre
Non-Residential Property N/A $87,786 per Acre
10.6.a
Formation of CFD 2022-1
Packet Pg. 64
C-6
2. Approved Property, Undeveloped Property, and Provisional Undeveloped Property Each Fiscal Year, each Assessor’s Parcel of Approved Property, Undeveloped Property, and Provisional Undeveloped Property shall be subject to an Assigned Annual Special Tax A. The Assigned Annual Special Tax A rate for an Assessor ’s Parcel classified as Approved Property, Undeveloped Property, or Provisional Undeveloped Property shall be $87,786 per acre.
SECTION E
BACKUP ANNUAL SPECIAL TAX A
At the time a Final Map is recorded, the Backup Annual Special Tax A for all Assessor’s Parcels classified or reasonably expected to be classified as Residential Property within such Final Map area shall be determined by multiplying the Maximum Special Tax A rate for Undeveloped Property by the total Acreage of Taxable Property, excluding t he Provisional Undeveloped Property Acreage area, Multifamily Residential Property , or Non-Residential Property Acreage area if any, in such Final Map area and any Acreage reasonably expected to be classified as Exempt Property, and dividing such amount by the total number of such Assessor ’s Parcels of Residential Property.
The Backup Annual Special Tax A for Multifamily Residential Property and Non -Residential Property shall be its Annual Assigned Special Tax A Rate.
Notwithstanding the foregoing, if Asses sor’s Parcels which are classified or to be classified as Residential Property or Multifamily Residential Property are subsequently changed by recordation of a lot line adjustment, Final Map amendment, new Final Map or similar instrument, then the Backup Annual Special Tax A shall be recalculated within the area that has been changed to equal the amount of Backup Annual Special Tax A that would have been generated if such change did not take place.
SECTION F
METHOD OF APPORTIONMENT OF THE ANNUAL SPECIAL TAX A
Commencing Fiscal Year 2022-23 and for each subsequent Fiscal Year, the City Council shall levy Annual Special Tax A in accordance with the following steps:
Step One: The Annual Special Tax A shall be lev ied Proportionately on each Assessor ’s Parcel of Developed Property at up to 100% of the applicable Assigned Annual Special Tax A rates in Table 1 to satisfy the Special Tax A Requirement.
Step Two: If additional moneys are needed to satisfy the Special Tax A Requirement after the first step has been completed, the Annual Special Tax A shall be levied Proportionately on each Assessor’s Parcel of Approved Property at up to 100% of the applicable Assigned Annual Special Tax A to satisfy the Special Tax A Requirement.
Step Three: If additional moneys are needed to satisfy the Special Tax A Requirement after the first two steps have been completed, the Annual Special Tax A shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property up to 10 0% of the Assigned Annual Special Tax A for Undeveloped Property applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax A Requirement.
10.6.a
Formation of CFD 2022-1
Packet Pg. 65
C-7
Step Four: If additional moneys are needed to satisfy the Special Tax A Requirement after the first three steps have been completed, then the Annual Special Tax A on each Assessor’s Parcel of Developed Property for which the Maximum Special Tax A is the Backup Annual Special Tax A shall be increased Proportionately from the Assigned Annual Special Tax A up to 100% of the Backup Annual Special Tax A as needed to satisfy the Special Tax A Requirement.
Step Five: If additional moneys are needed to satisfy the Special Tax A Requirement after the first four steps have been completed, the Annual Special Tax A shall be levied Proportionately on each Assessor ’s Parcel of Provisional Undeveloped Property up to 100% of the Assigned Annual Special Tax A applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax A Requirement.
SECTION G
PREPAYMENT OF ANNUAL SPECIAL TAX A
The following definition applies to this Section G:
“Outstanding Bonds” means all previously issued Bonds issued and secured by the levy of Special Tax A which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Maximum Special Tax A.
Prepayment:
The Special Tax A obligation of an Assessor ’s Parcel of Developed Property, an Assessor ’s Parcel of Approved Property, an Assessor’s Parcel of Undeveloped Property, and an Assessor’s Parcel of Provisional Undeveloped Property may be prepaid in full, provided that there are no delinquent Special Tax A, penalties, or interest charges outstanding with respect to such Assessor’s Parcel at the time the Special Tax A obligation would be prepaid. The Prepayment Amount for an Assessor’s Parcel eligible for prepayment shall be determined as described below.
An owner of an Assessor’s Parcel intending to prepay the Special Tax A obligation shall provide the City with written notice of intent to prepay, and within five (5) days of receipt of such notice, the City shall notify such owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by CFD No. 2022-1 in calculating the proper amount of a prepayment.
Within fifteen (15) days of receipt of such non-refundable deposit, the City shall notify such owner of the prepayment amount of such Assessor’s Parcel.
The Prepayment Amount for each applicable Assessor’s Parcel shall be calculated according to the following formula (capitalized terms defined below):
Payoff Amount
plus Administrative Fee
equals Prepayment Amount
As of the date of prepayment, the Prepayment Amount shall be calculated as follows:
1. For an Assessor ’s Parcel of Developed Property and Provisional Undeveloped Property, compute the Assigned Annual Special Tax A applicable to the Assessor’s Parcel. For an Assessor’s Parcel of Approved
10.6.a
Formation of CFD 2022-1
Packet Pg. 66
C-8
Property, compute the Assigned Annual Special Tax A as though it was already designated as Developed Property based upon the building permit issued or expected to be issued for that Assessor ’s Parcel. For an Assessor’s Parcel of Undeveloped Property compute the Assigned Annual Special Tax A as though it was already designated as Developed Property based upon the building permit issued or expected to be issued for that Assessor’s Parcel.
For each Assessor ’s Parcel of Developed Property, Approved Property, Undeveloped Property, or Provisional Undeveloped Property to be prepaid, compute the present value of the remaining Annual Assigned Special Tax A payments using a discount rate that is equal to the weighted average interest rate on the Outstanding Bonds and the remaining term of the Outstanding Bonds determined by a Financial Advisor selected by the City.
For any prepayment that occurs prior to the first issuance of Bonds, the discount rate used in this calculation shall be 5.5% and the term shall be the period in which the Special Tax A may be levied as provided in Section K less ten years. This is the “Payoff Amount.”
2. For each Assessor ’s Parcel of Developed Property, Approved Property, Undeveloped Property, or Provisional Undeveloped Property to be prepaid, divide the Assigned Annual Special Tax A computed pursuant to the first paragraph in paragraph 1 of this Section G for such Assessor’s Parcel by the sum of the estimated Assigned Annual Special Tax applicable to all Assessor’s Parcels of Taxable Property at build out, as reasonably determined by the City.
3. Multiply the quotient computed pursuant to paragraph 2 by the Outstanding Bonds. The product shall be the “Bond Redemption Amount”.
4. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed with the proceeds of the Bond Redemption Amount . This product is the “Redemption Premium.”
5. Compute the amount needed to pay interest on the Bond Redemption Amount to be redeemed with the proceeds of the Prepayment Amount until the earliest call date for the Outstanding Bonds.
6. Determine the amount of interest earnings to be derived from the reinvestment of the Bond Redemption Amount plus the Redemption Premium in State and Local Government Series Treasury Obligations until the earliest call date for the Outstanding Bonds.
7. Subtract the amount computed pursuant to paragraph 6 from the amount computed pursuant to paragraph 5 . This difference is the “Defeasance Cost.”
8. Estimate the administrative fees and expenses associated with the prepayment, including the costs of computation of the Prepayment Amount, the costs of redeeming Bonds, and the costs of recording any notices to
10.6.a
Formation of CFD 2022-1
Packet Pg. 67
C-9
evidence the prepayment and the redemption . This amount is the “Administrative Fee.”
9. Calculate the “Reserve Fund Credit ” as the lesser of : (a) the expected reduction in the applicable reserve requirements, if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirements in effect a fter the redemption of Outstanding Bonds as a result of the prepayment from the balance in the applicable reserve funds on the prepayment date. Notwithstanding the foregoing, if the reserve fund requirement is satisfied by a surety bond or other instrument at the time of the prepayment, then no Reserve Fund Credit shall be given.
Notwithstanding the foregoing, the Reserve Fund Credit shall in no event be less than zero.
10. The “Amount to Call Bonds” is equal to the sum of the Bond Redemption Amount, the Redemption Premium, and the Defeasance Cost, less the Reserve Fund Credit (the Amount to Call Bonds will be transferred to the debt service fund and used to defease or call bonds).
11. The Prepayment Amount is the sum of the Payoff Amount and the Administrative Fee.
12. From the Prepayment Amount, the Amount to Call Bonds will be transferred to the debt service fund and used to defease or call bonds pursuant to the fiscal agent agreement or escrow agreement; the Administrative Fee will be transferred to the Administrative Fund or functionally equivalent fund or account pursuant to the fiscal agent agreement and used to pay administrative expenses; the remainder will be transferred to the Surplus Taxes Fund or functionally equivalent fund or account pursuant to the fiscal agent agreement.
With respect to the Special Tax A obligation that is prepaid pursuant to this Section G, the City Council shall indicate in the records of CFD No. 2022-1 that there has been a prepayment of the Special Tax A obligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty (30) days of receipt of such prepayment to indicate the prepayment of the Special Tax A obligation and the release of the Special Tax A lien on such Assessor ’s Parcel, and the obligation of such Assessor’s Parcel to pay such Special Tax A shall cease.
Notwithstanding the foregoing, no prepayment will be allowed unless the amount of Special Tax A that may be levied on Taxable Property after such full prepayment, net of Admini strative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all Outstanding Bonds in each future Fiscal Year.
SECTION H
PARTIAL PREPAYMENT OF ANNUAL SPECIAL TAX A
The Special Tax A obligation of an Assessor’s Parcel of Developed Property, Approved Property, Undeveloped Property, or Provisional Undeveloped Property, for which a building permit has been issued or is expected to be issued, as calculated in this Section H below, may be partially prepaid,
10.6.a
Formation of CFD 2022-1
Packet Pg. 68
C-10
provided that there are no delinquent Special Tax A, penalties, or interest charges outstanding with respect to such Assessor’s Parcel at the time the Special Tax A obligation would be prepaid.
The Partial Prepayment Amount shall be calculated according to the following formula:
PP = PG x F
The terms above have the following meanings:
PP = the Partial Prepayment Amount.
PG = the Prepayment Amount calculated according to Section G.
F = the percent by which the owner of the Assessor’s Parcel is partially prepaying the Special Tax A obligation.
With respect to any Assessor ’s Parcel that is partially prepaid, the City Council shall indicate in the records of CFD No. 2022-1 that there has been a partial prepayment of the Special Tax A obligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty (30) days of receipt of such partial prepayment of the Special Tax A obligation, to indicate the partial prepayment of the Special Tax A obligation and the p artial release of the Special Tax A lien on such Assessor’s Parcel, and the obligation of such Assessor’s Parcel to pay such prepaid portion of the Special Tax A shall cease.
Notwithstanding the foregoing, no partial prepayment will be allowed unless the amount of Special Tax A that may be levied on Taxable Property after such partial prepayment, net of Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all currently Outstanding Bonds in each future Fiscal Year.
SECTION I
MAXIMUM SPECIAL TAX B
1. Developed Property
Maximum Special Tax B
The Maximum Special Tax B for each Assessor’s Parcel of Developed Property for each Land Use Type is shown in Table 2 below.
On each July 1, commencing July 1, 2023, the Maximum Special Tax for the prior Fiscal Year shall be increased by (i) an amount equal to the percentage change increase in the Consumer Price Index for the twelve -month period ending in March of the prior Fiscal Year.
10.6.a
Formation of CFD 2022-1
Packet Pg. 69
C-11
TABLE 2
MAXIMUM SPECIAL TAX B RATES
FOR DEVELOPED PROPERTY
Land Use Type Building Square Footage Rate
Residential Property Less than 1,550 $660 per Unit
Residential Property 1,551 – 1,700 $668 per Unit
Residential Property 1,701 – 1,850 $712 per Unit
Residential Property 1,851 – 2,000 $726 per Unit
Residential Property Greater than 2,000 $758 per Unit
Multifamily Residential Property N/A $13,229 per Acre
Non-Residential Property N/A $13,229 per Acre
2. Approved Property, Undeveloped Property, and Provisional Undeveloped Property No Special Tax B shall be levied on Approved Property, Undeveloped Property , or Provisional Undeveloped Property.
3. Method of Apportionment of the Maximum Special Tax B Commencing with Fiscal Year 2022-23 and for each following Fiscal Year, the City shall levy the Special Tax B at up to 100% of the applicable Maximum Special Tax B, proportionately on each Assessor ’s Par cel of Developed Property until the amount of Special Tax B equals the Special Tax B Requirement.
SECTION J
PREPAYMENT OF ANNUAL SPECIAL TAX B
Special Tax B cannot be prepaid.
SECTION K
TERM OF SPECIAL TAX A AND SPECIAL TAX B
For each Fiscal Year that any Bonds are outstanding the Annual Special Tax A shall be levied on all Assessor’s Parcels subject to the Annual Special Tax A. If any delinquent Annual Special Tax A amounts remain uncollected prior to or after all Bonds are retired, the Annual Special Tax A may be levied to the extent necessary to reimburse CFD No. 2022-1 for uncollected Annual Special Tax A amounts associated with the levy of such Annual Special Tax A amounts, but not later than the 2067-68 Fiscal Year.
Special Tax B shall be levied in perpetuity as long as the Services are being provided.
SECTION L
EXEMPT PROPERTY
The City shall classify as Exempt Property, (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii ) Assessor’s Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious or ganization, (iii ) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners ’ association, (iv) Assessor’s
10.6.a
Formation of CFD 2022-1
Packet Pg. 70
C-12
Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, or (v ) other types of public uses determined by the City Council.
Notwithstanding the foregoing, the City Council for purposes of levying the Special Tax A shall not classify an Assessor’s Parcel as Exempt Property if such classification would reduce the sum of all Taxable Property to less than 11.74 acres. Assessor’s Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than 11.74 acres will be classified as Provisional Undeveloped Property, and will be subject to the levy of Special Tax A pursuant to Step Five in Section F.
SECTION M
APPEALS AND INTERPRETATIONS
Any property owner claiming that the amount or application of the Special Tax A or Special Tax B is not correct may file a written notice of appeal with the City Council not later than twelve months after having paid the first installment of the Special Tax A or Special Tax B that is disputed. A representative(s) of CFD No. 2022-1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax A or Special Tax B, and rule on the appeal. If the representative’s decision requires that the Special Tax A or Special Tax B for an Assessor’s Parcel be modified or changed in favor of the property owner.
The representative shall take any of the following actions, in order of priority, to correct the error:
(i) if possible, amend the Special Tax levy on the property owner ’s Assessor ’s Parcel(s) for the current Fiscal Year, if prior to the payment date, (ii) require the CFD to reimburse the property owner for the amount of the overpayment to the extent of available CFD funds, or
(iii) grant a credit against, eliminate, or reduce the future Special Taxes on the property owner’s Assessor’s Parcel(s) in the amount of the overpayment.
The City may interpret this Rate and Method of Apportionment of Special Tax for purposes of clarifying any ambiguity and make determinations relative to the amount of Administrative Expenses.
SECTION N
MANNER OF COLLECTION
The Annual Special Tax A or Annual Special Tax B shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2022--1 may collect Annual Special Tax A and Annual Special Tax B at a different time or in a different manner if necessary to meet its financial obligations.
10.6.a
Formation of CFD 2022-1
Packet Pg. 71
1 RESOLUTION NO. 2022-078
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, DECLARING ITS INTENTION TO INCUR
BONDED INDEBTEDNESS WITHIN COMMUNITY FACILITIES
DISTRICT NO. 2022-1 (FALLONCREST) OF THE CITY OF
CHINO
WHEREAS, upon receipt of a petition as provided in Section 53319 of the Mello-Roos Community Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”) , the City Council of the City of Chino (the “City Council”) instituted proceedings to establish Community Facilities District No. 2022-1 (Falloncrest) of the City of Chino (the “Community Facilities District”) with boundaries coterminous with the property described in Exhibit A to the Resolution of Intention to Establish the Community Facilities District (the “Resolution of Intention”) adopted on November 1, 2022 (the “Property”). The Resolution of Intention st ated the City Council’s intention to establish the Community Facilities District and to finance (1) the purchase, construction, expansion, improvement or rehabilitation of the public facilities described in Exhibit B to the Resolution of Intention, includi ng all furnishings, equipment and supplies related thereto (collectively, the “Facilities”), and ( 2) the incidental expenses to be incurred in connection with financing the Facilities, and forming and administering the Community Facilities District (the “I ncidental Expenses”); and
WHEREAS, the City Council estimates that the aggregate amount required to finance the Facilities and Incidental Expenses is approximately $17,000,000; and WHEREAS, in order to finance the Facilities and Incidental Expenses, the City Council intends to authorize the issuance of bonds in an amount not to exceed $17,000,000, the repayment of which is to be secured by special taxes levied in accordance with Section 53328 of the Act on all property in the Community Facilities District, other than those properties exempted from taxation in the rate and method of apportionment set forth in Exhibit C to the Resolution of Intention;
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF CHINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct.
SECTION 2. It is necessary to incur bonded indebtedness within the boundaries of the Community Facilities District in one or more series in an aggregate amount not to exceed $17,000,000, in order to finance certain of the costs of the Facilities and Incidental Expenses, as permitted by the Act.
SECTION 3. The indebtedness will be incurred for the purpose of financing the costs of the Facilities and the Incidental Expenses, including, but not limited to, the funding of reserve funds for the bonds, the financing of costs associated with the issuance of the bonds and all other costs and expenses necessary to finance the Facilities which are permitted to be financed pursuant to the Act.
SECTION 4. It is the intent of the City Council to authorize the sale of bonds in one or more series, which bonds may be issued to fund Facilities costs and Incidental Expenses in the
10.6.b
Formation of CFD 2022-1
Packet Pg. 72
2 maximum amount set forth in Section 2, and which bonds may bear interest at a rate not in excess of the maximum rate permitted by la w at the time that the bonds are issued. The term of the bonds of each series shall be determined pursuant to a resolution of this City Council authorizing the issuance of the bonds of such series, but such term shall in no event exceed 40 years from the date of issuance of the bonds of such series, or such longer term as is then permitted by law.
SECTION 5. A combined public hearing (the “Hearing”) on the proposed debt issue and the levy of special taxes shall be held at 7 p.m. or as soon thereafter as practicable, on December 6, 2022, at the City Council’s Chambers, 13220 Central Avenue, Chino, California.
SECTION 6. At the time and place set forth in this Resolution for the Hearing, any interested persons, including all persons owning land or registered to vote within the proposed Community Facilities District, may appear and be heard.
SECTION 7. The City Clerk is hereby directed to publish a notice of the Hearing (the “Notice”) pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the proposed Community Facilities District. Such publication shall be completed at least seven days prior to the date of the Hearing. The City Clerk is further directed to mail a copy of the Notice to each of the landowners within the boundaries of the proposed Community Facilities District at least 15 days prior to the Hearing.
PASSED AND ADOPTED by the City Council at a regular meeting held on the 1st day of November 2022.
FOR THE CITY OF CHINO :
By:_____________________________________
Eunice M. Ulloa,
Mayor
ATTEST:
________________________________
Angela Robles
City Clerk
10.6.b
Formation of CFD 2022-1
Packet Pg. 73
3 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 1st day of November 2022, by the following votes:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ANGELA ROBLES, CITY CLERK
10.6.b
Formation of CFD 2022-1
Packet Pg. 74
ACQUISITION AGREEMENT
by and between
CITY OF CHINO
and
KB HOME COASTAL INC.
Dated as of November 1, 2022
Relating to:
CITY OF CHINO
COMMUNITY FACILITIES DISTRICT NO. 2022-1
(FALLONCREST)
OF THE CITY OF CHINO
10.6.c
Formation of CFD 2022-1
Packet Pg. 75
i
TABLE OF CONTENTS
Page
ARTICLE I DEFINITIONS .......................................................................................................... 1 Section 1.1 Definitions ........................................................................................................... 1 ARTICLE II RECITALS ................................................................................................................ 3 Section 2.1 The District .......................................................................................................... 3 Section 2.2 The Development ................................................................................................ 3 Section 2.3 The Facilities ....................................................................................................... 4 Section 2.4 The Financing ...................................................................................................... 4 Section 2.5 The Bonds ............................................................................................................ 4 Section 2.6 No Advantage to City Construction .................................................................... 4 Section 2.7 Agreements .......................................................................................................... 4 ARTICLE III FUNDING ................................................................................................................. 5 Section 3.1 City Proceeding ................................................................................................... 5 Section 3.2 Levy of Special Taxes ......................................................................................... 5 Section 3.3 Bonds ................................................................................................................... 5 Section 3.4 Bond Proceeds ..................................................................................................... 5 Section 3.5 Disclosure of Special Tax .................................................................................... 6 ARTICLE IV CONSTRUCTION OF FACILITIES ........................................................................ 6 Section 4.1 Plans .................................................................................................................... 6 Section 4.2 Duty of Owner to Construct ................................................................................ 6 Section 4.3 Relationship to Public Works .............................................................................. 7 Section 4.4 Independent Contractor ....................................................................................... 8 Section 4.5 Performance and Payment Bonds ........................................................................ 8 Section 4.6 Contracts and Change Orders .............................................................................. 8 Section 4.7 Time for Completion ........................................................................................... 8 ARTICLE V ACQUISITION AND PAYMENT ............................................................................ 9 Section 5.1 Inspection ............................................................................................................ 9 Section 5.2 Agreement to Sell and Acquire Facilities ............................................................ 9 Section 5.3 Payment Requests ................................................................................................ 9 Section 5.4 Processing Payment Requests ........................................................................... 10 Section 5.5 Payment ............................................................................................................. 10 Section 5.6 Restrictions on Payments .................................................................................. 11 Section 5.7 Defective or Nonconforming Work ................................................................... 13 Section 5.8 Modification of Discrete Components .............................................................. 13 Section 5.9 Payments of Purchase Price of Facilities or Discrete Components in Installments........................................................................................................ 13 ARTICLE VI OWNERSHIP AND TRANSFER OF FACILITIES............................................... 14 Section 6.1 Facilities to be Owned by the City-Conveyance of Land and Easements to City ................................................................................................................ 14 Section 6.2 Facilities to be Owned by the City-Title Evidence ........................................... 14 Section 6.3 Facilities Constructed on Private Lands ............................................................ 14
10.6.c
Formation of CFD 2022-1
Packet Pg. 76
Page
ii
Section 6.4 Facilities Constructed on City Land .................................................................. 15 Section 6.5 Facilities to be Acquired by Other Public Agencies ......................................... 15 Section 6.6 Maintenance and Warranties ............................................................................. 15 ARTICLE VII INSURANCE .......................................................................................................... 16 Section 7.1 Insurance Requirements .................................................................................... 16 Section 7.2 Standards Applicable ......................................................................................... 17 Section 7.3 Evidence of Insurance ....................................................................................... 17 ARTICLE VIII DIFs ......................................................................................................................... 17 Section 8.1 Funding of DIFs ................................................................................................ 17 ARTICLE IX REPRESENTATIONS, WARRANTIES AND COVENANTS ............................. 18 Section 9.1 Representations, Covenants and Warranties of the Owner ............................... 18 Section 9.2 Indemnification and Hold Harmless .................................................................. 19 ARTICLE X TERMINATION ...................................................................................................... 20 Section 10.1 Mutual Consent ................................................................................................. 20 Section 10.2 City Election for Cause ..................................................................................... 20 Section 10.3 Force Majeure .................................................................................................... 21 ARTICLE XI MISCELLANEOUS ................................................................................................ 21 Section 11.1 Limited Liability of City ................................................................................... 21 Section 11.2 Excess Costs ...................................................................................................... 21 Section 11.3 Audit .................................................................................................................. 21 Section 11.4 Attorney’s Fees .................................................................................................. 22 Section 11.5 Notices ............................................................................................................... 22 Section 11.6 Severability ........................................................................................................ 22 Section 11.7 Successors and Assigns ..................................................................................... 22 Section 11.8 Other Agreements .............................................................................................. 23 Section 11.9 Waiver ............................................................................................................... 23 Section 11.10 Merger ............................................................................................................... 23 Section 11.11 Parties in Interest ............................................................................................... 23 Section 11.12 Amendment ....................................................................................................... 23 Section 11.13 California Law ................................................................................................... 23 Section 11.14 Counterparts ...................................................................................................... 23
List of Exhibits
Exhibit A: Description of Authorized Facilities Eligible for Acquisition from the Owner Exhibit B: Discrete Components of Facilities and Fees
Exhibit C: Additional Facilities
Exhibit D: Form of Payment Request
10.6.c
Formation of CFD 2022-1
Packet Pg. 77
THIS ACQUISITION AGREEMENT (the “Acquisition Agreement”), dated as of November 1, 2022, is by and between the CITY OF CHINO, a municipal corporation and a political subdivision of the State of California (the “City”), acting for and on behalf of itself and Community Facilities District No. 2022-1 (Falloncrest) of the City of Chino (the “District”), and KB HOME Coastal Inc., a California corporation (“Owner”).
ARTICLE I
DEFINITIONS
Section 1.1 Definitions.
The following terms shall have the meanings ascribed to them in this Section 1.1 for purposes of this Acquisition Agreement. Unless otherwise indicated, any other terms, capitalized or not, when used herein shall have the meanings ascribed to them in the Fiscal Agent Agreement (as hereinafter defined).
“Acceptable Title” means title to land or interest therein, in form acceptable to the Director, free and clear of all liens, taxes, assessments, leases, easements and encumb rances, whether or not recorded, but subject to any exceptions determined by the Director as not interfering with the actual or intended use of the land or interest therein. Notwithstanding the foregoing, an irrevocable offer of dedication may constitute l and with an “Acceptable Title” if: (i) such offer is necessary to satisfy a condition to a tentative or final parcel map, (ii) such offer is in a form acceptable to the Director, (iii) the Director has no reason to believe that such offer of dedication will not be accepted by the applicable public agency, and (iv) the Owner commits in writing not to allow any liens to be imposed on such property prior to its acceptance.
“Acceptance Date” means the date the City Council (or other public entity which is to o wn a Facility) takes final action to accept dedication of or transfer of title to a Facility. “Acquisition Agreement” means this Acquisition Agreement, together with any Supplement hereto.
“Act” means the Mello-Roos Community Facilities Act of 1982, Section 53311 et seq. of the California Government Code, as amended.
“Actual Cost” means the substantiated cost of a Facility or a Discrete Component, which costs may include: (i) the costs incurred by the Owner for the construction of such Facility or Discrete Component, (ii) the costs incurred by the Owner in preparing the Plans for such Facility or Discrete Component and the related costs of environmental evaluations of the Facility or Discrete Component, (iii) the fee s paid to governmental agencies or utilities for obtaining permits, licenses or other governmental approvals for such Facility or Discrete Component, (iv) professional costs incurred by the Owner or the City associated with such Facility or Discrete Component, such as engineering, legal, accounting, inspection, construction staking, materials testing, public bid administration, and similar professional services; (v) a project administration fee not to exceed 5% of the cost of constructing such Facility or D iscrete Component, as determined pursuant to clause (i) of this definition; and (vi) the costs directly related to the construction and/or acquisition of a Facility or Discrete Component, such as costs of payment, performance and/or maintenance bonds, and insurance costs (including costs of any title insurance required hereunder).
10.6.c
Formation of CFD 2022-1
Packet Pg. 78
2 “Affiliate” means any entity with respect to which fifty percent (50%) or more of the ownership or voting power is held individually or collectively by any of the Owner and any ot her entity owned, controlled or under common ownership or control by or with, as applicable, the Owner, and includes all general partners of any entity which is a partnership. Control shall mean ownership of fifty percent (50%) or more of the voting power of or ownership interest in the respective entity. “Bidding Requirements” means the City’s bidding and contract requirements for public improvements set forth in Exhibit E.
“Bonds” means the bonds designated “Community Facilities District No. 2022-1 (Falloncrest) of the City of Chino Special Tax Bonds”, to be issued by the District pursuant to the Act in one or more series.
“Budgeted Cost” means the estimated cost of a Facility or Discrete Component as shown on Exhibit B hereto.
“City” means the City of Chi no, a municipal corporation and a political subdivision of the State.
“County” means the County of San Bernardino, California. “DIFs” means those development impact fees imposed on development within the District, as specified in Exhibit B hereto.
“Director” means the Director of Public Works of the City, or his written designee acting as such under this Acquisition Agreement.
“Discrete Component” means a component of a Facility that the Director has agreed can be separately identified, inspected and comple ted, and be the subject of a Payment Request hereunder.
The Discrete Components are shown on Exhibit B hereto.
“District” means the Community Facilities District No. 2022-1 (Falloncrest) of the City of Chino, created by the City under the Act.
“Facilities” means the public and other facilities described in Exhibit A hereto which are to be acquired with the proceeds of the Bonds.
“Fiscal Agent” means a financial institution in its capacity as fiscal agent under the Fiscal Agent Agreement, or any successor thereto acting as fiscal agent under the Fiscal Agent Agreement. “Fiscal Agent Agreement” means the agreement by that name between the City and the Fiscal Agent, providing for, among other matters, the issuance of the Bonds and the establishment of the Improvement Fund, as it may be amended from time to time. “Improvement Fund” means (a) prior to the issuance of Bonds, the special fund established pursuant to Section 3.2 below, and (b) following the issuance of Bonds, the Acquisition and Improvement Fund established pursuant to the Fiscal Agent Agreement. “Local Goals and Policies” means the City’s policy regulating the use of public financing mechanisms to finance public facilities, dated July 5, 2005, as may be amended from time to time.
10.6.c
Formation of CFD 2022-1
Packet Pg. 79
3 “Owner” means KB HOM E Coastal Inc., a California corporation, and its successors and assigns to the extent permitted under Section 11.7 hereof. “Payment Request” means a document, substantially in the form attached as Exhibit D hereto, to be used by the Owner in requesting payment of a Purchase Price. “Plans” means the plans, specifications, schedules and related construction contracts for the Facilities and/or any Discrete Components thereof which shall be submitted to and approved by the City pursuant to the applicable standards of the City or other entity that will own, operate or maintain the Facilities when completed and acquired.
“Purchase Price” means the amount paid by the City for a Facility and/or any Discrete Components thereof determined in accordance with Article V hereof, being an amount equal to the Actual Cost of such Facility or Discrete Component, but subject to the limitations and reductions provided for in Article V.
“Rate and Method” means the Rate and Method of Apportionment for Community Facilities District No. 2022-1 (Falloncrest) of the City of Chino attached as Exhibit A to City Resolution No. 2022-___. (Capitalized terms used herein that are not otherwise defined shall have the meaning ascribed to them in the Rate and Method.)
“Special Taxes” means the Assigned Annual Special Tax A and Annual Special Tax B levied on and collected from Assessor’s Parcels classified as Developed Property pursuant to the Rate and Method, including any prepayments of Special Tax A that are allocated for the payment of improvements pursuant to the Rate and Method.
“Supplement” means a written document amending, supplementing or otherwise modifying this Acquisition Agreement and any exhibit hereto, including any amendments to the list of Discrete Components in Exhibit B, and/o r the addition to Exhibit A or Exhibit B of additional Facilities (and Discrete Components) to be financed with the proceeds of the Bonds deposited in the Improvement Fund eligible to be financed by the District.
ARTICLE II
RECITALS
Section 2.1 The District.
The City Council of the City has established the District under the Act for the financing of, among other things, the acquisition, construction and installation of public facilities identified in the proceedings to form the District, which include the Facilities listed in Exhibit A hereto and the facilities authorized to be financed with the DIFs.
Section 2.2 The Development.
The property within the District is expected to be developed with 197 single family detached units pursuant to Tract Map No. 20369.
10.6.c
Formation of CFD 2022-1
Packet Pg. 80
4 Section 2.3 The Facilities.
The Facilities are within or in the vicinity of the District, and the City and the Owner will benefit from a coordinated plan of design, engineering and construction of the Facilities and the development of the land. The Owner acknowledges that the inclusion of Facilities in Exhibit A hereto in no way, in itself, obligates the City to issue any Bonds to acquire the Facilities from the Owner or implies that the City has in any way engaged the Owner to construct the Facilities. The facilities which are eligible for acquisition by the City from the Owner under this Acquisition Agreement are only the Facilities listed in Exhibit A hereto and the Discrete Components listed in Exhibit B hereto, as such Exhibits may be amended and/or supplemented by any Supplement.
Section 2.4 The Financing.
The Owner and the City wish to finance the DIFs and the acquisition of the Facilities and the payment therefor by entering into this Acquisition Agreement for the acquisition of the Facilities and payment for Discrete Components thereof as shown in Exhibit B hereto (as it may be amended and supplemented by any Supplement) with the proceeds of the Special Taxes and Bonds on deposit in the Improvement Fund.
Section 2.5 The Bonds.
The City may proceed with the authorization and issuance of the Bonds in one or more series under the Act and the Fiscal Agent Agreement, the proceeds of which Bonds shall be used, in part, to finance the DIFs and acquisition of all or a portion of the Facilities. The execution by the City of this Acquisition Agreement in no way obligates the City to issue any Bonds, or to acquire any Facilities or finance any fees with proceeds of any Bonds issued, except the Facilities and DIFs listed in Exhibit A and Exhibit B hereto which are to be acquired or financed subject to the terms and conditions set forth in this Acquisition Agreement.
Section 2.6 No Advantage to City Construction.
The City, by its approval of this Acquisition Agreement, has determined that it will obtain no advantage from undertaking the construction by the City directly of the Fa cilities, and that the provisions of this Acquisition Agreement require that the Facilities be constructed by the Owner as if they had been constructed under the direction and supervision of the City. The Owner hereby represents that it has experience in t he supervision of the construction of improvements of the character of the Facilities.
Section 2.7 Agreements.
In consideration of the mutual promises and covenants set forth herein, and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the Owner agree that the foregoing recitals, as applicable to each, are true and correct and further make the agreements set forth herein.
10.6.c
Formation of CFD 2022-1
Packet Pg. 81
5 ARTICLE III
FUNDING
Section 3.1 City Proceeding.
Upon the written request of the Owner, the Owner and the City staff shall meet regarding the amount, timing and other material aspects of each series of the Bonds. The legal proceedings for the issuance of the Bonds and the series, principal amounts, rates, terms, conditions and timing of the sale of the Bonds shall be in all respects be solely determined by the City Council of the City, acting as the governing body of the District, in its sole discretion; provided that, subject to satisfaction of the applicable City financing policies, including the Local Goals and Policies, sound municipal financing practices and the requirements of this Acquisition Agreement, the City shall use reasonable efforts to issue and sell the Bonds in one or more series in an amount sufficient to fund the Facilities and DIFs in accord ance with this Acquisition Agreement and the Owner’s schedule for development of its property within the District. The maximum authorized aggregate principal amount of the Bonds is $17,000,000.
Section 3.2 Levy of Special Taxes.
City and Owner agree that in each fiscal year prior to the issuance of Bonds the Special Taxes shall be levied at the rate specified in Table 1 and Table 2 of the Rate and Method on each Assessor’s Parcel classified as Developed Property. Such Special Taxes received by the City that are not required to fund Administrative Expenses shall be deposited in a discrete, special fund of the City and shall be disbursed to fund Facilities and DIFs in accordance with this Acquisition Agreement. Any portion of prepayment amounts received pursuant to Sect ion G and Section H of the Rate and Method that are not needed for bond redemption or Administrative Expenses shall be available for funding Facilities and DIFs.
Section 3.3 Bonds.
The City, in connection with this Acquisition Agreement, shall proceed with the issuance and delivery of the Bonds for the District. The City shall not be obligated to finance any DIFs or pay the Purchase Price of the Facilities or any Discrete Components thereof except from amounts on deposit in the Improvement Fund on or after the formation of the District. The City makes no warranty, express or implied, that the proceeds of the Special Taxes and Bonds deposited and held in the Improvement Fund, including any investment earnings thereon deposited to the Improvement Fund, will be sufficient for payment of the DIFs or the Purchase Price of all of the Facilities.
Section 3.4 Bond Proceeds.
The proceeds of the Bonds shall be deposited, held, invested, reinvested and disbursed as provided in the Fiscal Agent Agreement. A portion of the proceeds of the Bonds will be set aside under the Fiscal Agent Agreement in the Improvement Fund. Moneys in the Improvement Fund shall be withdrawn therefrom in accordance with the provisions of the Fiscal Agent Agreement and the applicable provisions hereof for payment of all or a portion of the DIFs and the costs of construction and/or acquisition of the Facilities (including payment of the Purchase Price of Discrete Components thereof), all as herein provided.
10.6.c
Formation of CFD 2022-1
Packet Pg. 82
6 The Owner acknowledges that any lack of availability of amounts in the Improvement Fund to pay the Purchase Price of Facilities or any Discrete Components thereof and/or the DIFs shall in no way diminish any obligation of the Owner with respect to the construction of or contributions for public facilities and mitigation measures required by this Acquisition Agreement or any subdivision, development or other agreement to which the Owner is a party, or any governmental approval to which the Owner or any land within the District is subject. In addition, the funding of the P urchase Price of a Facility shall not preclude the issuance of a credit against any applicable DIF.
Section 3.5 Disclosure of Special Tax.
Copies of the executed “Notices of Special Tax” required by California Government Code Section 53341.5 provided to the purchaser of real property within the District shall be provided to the Finance Director upon request for such Notices of Special Tax. The Finance Director’s receipt of such “Notices of Special Tax” shall not be construed as City or District approval of the form of Notice of Special Tax or in any way make the City or District liable for deficiencies in such “Notice of Special Tax.”
Prior to the Bonds being issued, the Owner will be required to provide all information regarding the development of its property, including the financing plan for such development, which is necessary to ensure that the official statement for such Bonds complies with the requirements of all applicable federal and state securities laws, including without limitation Rule l5c2 -12 and Rule l0(b) -5 of the Securities and Exchange Commission (the “Commission”). Owner may be required to obtain counsel to review such official statement and render an opinion in connection with the Bond issue in a form reasonably acceptable to the City. Moreover, each p roperty owner which is responsible for twenty percent (20%) or more of the maximum special tax within the District at the time the Bonds are issued (each a “Major Landowner”) will be required to enter into a continuing disclosure agreement to provide such continuing disclosure pertaining to the development of the land owned by such Major Landowner in the District if necessary to assist the underwriter of the Bonds in complying with the continuing disclosure requirements of Rule 15c2 -12 of the Commission, or prudent given market conditions for the Bonds in the reasonable opinion of the underwriter or disclosure counsel.
ARTICLE IV
CONSTRUCTION OF FACILITIES
Section 4.1 Plans.
To the extent that it has not already done so, the Owner shall cause Plans to be prepared for the Facilities. The Owner shall obtain the City’s written approval of the Plans in accordance with applicable ordinances and regulations of the City and/or the public entity that will own and operate the Facilities. Copies of all Plans shall be provided by the Owner t o the Director upon request therefor, and, in any event, a written assignment of the Plans for any Facility shall be provided to the City prior to its acceptance of the Facility and as built drawings shall be provided to the City within 60 calendar days of such acceptance.
Section 4.2 Duty of Owner to Construct.
All Facilities and Discrete Components thereof to be acquired hereunder specified in Exhibit B hereto, as amended from time to time, shall be constructed at the direction of the Owner in accordance with the approved Plans following the solicitation of comp etitive bids as provided in
10.6.c
Formation of CFD 2022-1
Packet Pg. 83
7 Section 4.3 hereof. The Owner shall employ at all times adequate staff or consultants with the requisite experience necessary to bid, administer and coordinate all work related to the design, engineering, acquisition, construction and installation of the Facilities to be acquired by the City from the Owner hereunder.
The Owner shall be obligated: (i) to cause the construction and cause conveyance to the City (or other applicable governmental agency) of all Facilities and Discret e Components thereof listed in Exhibit B hereto, and (ii) to use its own funds to pay all costs thereof in excess of the Purchase Prices thereof to be paid hereunder, if any.
Except as set forth in the following paragraph, the Owner shall not be relieved of its obligation to cause the construction of each Facility and Discrete Component thereof listed in Exhibit B hereto and convey each such Facility and Discrete Component to the City in accordance with the terms, hereof, even if, (i) because of the limitat ions imposed by Section 5.6 hereof, the Purchase Price for such Discrete Component or Facility is less than the Actual Cost, or cost to the Owner, of such Discrete Component or Facility, or (ii) there are no funds or insufficient funds in the Improvement Fund to pay the Purchase Prices thereof, and, in any event, this Acquisition Agreement shall not affect any obligation of any owner of land in the District under any agreement or any governmental approval to which any land within the District is subject, wi th respect to the public improvements required in connection with the development of the land within the District.
Section 4.3 Relationship to Public Works.
This Acquisition Agreement is for the acquisition by the City of the Facilities and payment for Discrete Components thereof listed in Exhibit B hereto from moneys in the Improvement Fund and is not intended to be a public works contract. The Owner acknowledges and agrees that the Facilities shall be constructed as if the Facilities had been constructed under the d irection and supervision, or under the authority of, the City by adhering to the provisions of this Acquisition Agreement, and the Owner shall adhere to the Bidding Requirements set forth in Exhibit E hereto for all Facilities.
The Owner shall competitivel y bid and award all contracts for construction of the Facilities listed in Exhibit B hereto, as amended from time to time, in conforming with the Bidding Requirements. The Owner shall establish a list of written criteria acceptable to the Director (including experience, ability to perform on schedule and financial ability) to determine qualified contractors for any contract. Formal bids need be requested from only those entities on the list of qualified contractors determined by such criteria; and if no suc h list is established for any specific Facility or Discrete Component thereof, the Owner shall endeavor to obtain at least three bids for such Facility or Discrete Component thereof by means of a bidding process acceptable to the Director. Bids for each Di screte Component shall be submitted in sealed envelopes to the Owner prior to the time and date prescribed for bid opening. Owner shall make arrangements with City to schedule the bid opening, which shall be held at City offices, conducted by Owner and wit nessed by City staff. Upon written request of the Director, the Owner shall provide an analysis of bids for construction of the Facilities, constructed or to be constructed by or under the supervision of the Owner. The Owner shall award each bid to the lowest responsible bidder. If the Director disapproves of any such contractor, the Owner shall select the next lowest responsible bidder from the competitive bids received who is acceptable to the Director.
From time to time at the request of the Director, th e Owner shall meet and confer with City staff, consultants and contractors regarding matters arising hereunder with respect to the Facilities, Discrete Components and the progress in constructing and acquiring the same, and as to any other
10.6.c
Formation of CFD 2022-1
Packet Pg. 84
8 matter related to the Facilities or this Acquisition Agreement. The Owner shall advise the Director in advance of any coordination and scheduling meetings to be held with contractors relating to the Facilities, in the ordinary course of performance of an individual contra ct. The Director or the Director’s designated representative shall have the right to be present at such meetings, and to meet and confer with individual contractors if deemed advisable by the Director to resolve disputes and/or ensure the proper completion of the Facilities.
This Section 4.3 applies to all direct contracts to be entered into by the Owner under this Section 4. This Section 4.3 does not apply to the purchase of materials by the Owner or any contractor or for professional services associated with the construction of Facilities.
Notwithstanding the foregoing provisions, contract letting procedures that differ from the procedures in this Section 4.3 shall be deemed to satisfy this Acquisition Agreement if the Owner and the Director agree in writing on such other contract letting procedures.
Section 4.4 Independent Contractor.
In performing this Acquisition Agreement, the Owner is an independent contractor and not the agent or employee of the City. The City shall not be responsible for making any payments to any contractor, subcontractor, agent, consultant, employee or supplier of the Owner.
Section 4.5 Performance and Payment Bonds.
The Owner agrees to comply with all applicable performance and mechanics and materialmen bonding requirements of the City (and other applica ble public entities and/or public utilities) with respect to the construction of the Facilities, as requested by the City.
Section 4.6 Contracts and Change Orders.
The Owner shall be responsible for entering into all contracts and any supplemental agreements (commonly referred to as “change orders”) required for the construction of the Facilities listed in Exhibit A hereto, as amended from time to time, and all such contracts and change orders shall be submitted to the Director. Prior approval of change orders by the Director shall only be required for such change orders which in any way materially alter the quality or character of the subject Facilities, or which involve an amount equal to the greater of ten percent (10%) of the amount of the bid for the Facility involved or $25,000. The City expects that such change orders needing prior approval by the Director will be approved or denied (any such denial to be in writing, stating the reasons for denial and the actions, if any, that can be taken to obtain later approv al) within ten (10) business days of receipt by the Director thereof.
Section 4.7 Time for Completion.
The Owner agrees that this Acquisition Agreement is for the benefit of the City and the Owner and, therefore, the Owner represents that it expects to complete the Facilities and to have requested payment for the Facilities under this Acquisition Agreement within three years from the date of the closing of Bonds issued to finance such Facilities. Any failure to complete the Facilities within said time period shall no t, however, in itself, constitute a breach by the Owner of the terms of this Acquisition Agreement.
10.6.c
Formation of CFD 2022-1
Packet Pg. 85
9 The Owner agrees to use its good faith efforts to complete all Facilities within three years from the date of closing of Bonds issued to finance such Facilities.
ARTICLE V
ACQUISITION AND PAYMENT
Section 5.1 Inspection.
No payment hereunder shall be made by the City to the Owner for a Facility or Discrete Component thereof until the Facility or Discrete Component thereof has been inspected and found to be completed in accordance with the approved Plans by the City or other applicable public entity or utility. The City shall make or cause to be made periodic site inspections of the Facilities to be acquired hereunder on a timely basis; provided that in no event shall the City incur any liability for any delay in the inspection of any Facilities or Discrete Components. For Facilities to be acquired by other public entities or utilities, the Owner shall be responsible for obtaining such inspections and providing written evidence thereof to the Director. The Owner agrees to pay all inspection, permit and other similar fees of the City applicable to construction of the Facilities.
Section 5.2 Agreement to Sell and Acquire Facilities.
The Owner hereby agrees to sell the Facilities and Discrete Compon ent listed in Exhibit B hereto to the City (or other applicable public agency that will own such Facility and Discrete Component), and the City hereby agrees to use amounts in the Improvement Fund to pay the Purchase Prices thereof to the Owner, subject to the terms and conditions hereof. The City shall not be obligated to acquire any Facility or Discrete Component until the Facility or Discrete Component is completed and the Acceptance Date for such Facility has occurred; provided that the City has agreed hereunder to make payments to the Owner prior to the Acceptance Date for certain Discrete Components of Facilities as shown in Exhibit B hereto, as it may be supplemented by any Supplement. The Owner acknowledges that the Discrete Components have been identified for payment purposes only, and that the City (or other applicable public agency that will own a Facility) shall not accept a Facility of which a Discrete Component is a part until the entire Facility has been completed. The City acknowledges that the Discrete Components do not have to be accepted by the City (or other applicable public agency that will own a Facility) as a condition precedent to the payment of the Purchase Price therefor, but any such payment shall not be made until the Discrete Comp onent has been completed in accordance with the Plans therefor, as determined by the Director. In any event, the City shall not be obligated to pay the Purchase Price for any Facility or Discrete Component except from the moneys in the Improvement Fund.
Section 5.3 Payment Requests.
In order to receive the Purchase Price for a completed Facility or Discrete Component, inspection thereof under Section 5.1 shall have been made and the Owner shall deliver to the Director:
(i) a Payment Request in the form of Exhibit D hereto for such Facility or Discrete Component, together with all attachments and exhibits required by Exhibit D and this Section 5.3 to be included therewith (including, but not limited to Attachments 1 and 2 to Exhibit D), and (ii) if payment is requested for a completed Facility, (a) if the property on which the Facility is located is not owned by the City (or other applicable public agency that will own the Facility) at the time of the request, a copy of the recorded documents conveying to the City (or other applicable public agency that will own the Facility) Acceptable Title to the real property on, in or over which such Facility is located, as described in
10.6.c
Formation of CFD 2022-1
Packet Pg. 86
10 Section 6.1 hereof, (b) a copy of the recorded notice of completion of such Facility (if applicable), (c) to the extent paid for with the proceeds of the Bonds, an assignment to the District of any reimbursements that may be payable with respect to the Facility, such as public or private utility reimbursements, and (d) an assignment of warranties and guaranties for such Facility, as described in Section 6.5 hereof, in a form acceptable to the City.
Section 5.4 Processing Payment Requests.
Upon receipt of a Payment Request (and all accompanying documentation), the Director shall conduct a review in order to confirm that such request is complete, that such Discrete Component or Facility identified therein was constructed in accordance with the Plans therefor, and to verify and approve the Actual Cost of such Discrete Component or Facility specified in such Payment Req uest.
The Director shall also conduct such review as is required in his discretion to confirm the matters certified in the Payment Request. The Owner agrees to cooperate with the Director in conducting each such review and to provide the Director with such additional information and documentation as is reasonably necessary for the Director to conclude each such review. For any Facilities to be acquired by another public entity or utility, the Owner shall provide evidence acceptable to the Director that such Facilities are acceptable to such entity or utility. Within thirty (30) calendar days of receipt of any Payment Request, the Director expects to review the request for completeness and notify the Owner whether such Payment Request is complete, and, if not , what additional documentation must be provided. If such Payment Request is complete, the Director expects to provide a written approval or denial (specifying the reason for any denial) of the request within thirty (30) calendar days of its submittal. If a Payment Request seeking reimbursement for more than one Facility or Discrete Component is denied, the Director shall state whether the Payment Request is nevertheless approved and complete for any one or more Facilities or Discrete Components and any such Facilities or Discrete Components shall be processed for payment under Section 5.5 notwithstanding such partial denial. The City’s internal cost of staff processing of Payment Requests shall be reimbursed from the amount set aside therefor from the proceeds of the Bonds or from the Improvement Fund if proceeds of the Bonds is unavailable therefor. The District’s Costs associated with the acquisition of Facilities and processing of Payment Requests shall be reimbursed from the Improvement Fund, or from amounts advanced by the Owners to the extent insufficient funds are on deposit in the Improvement Fund, which advances may be later reimbursed to the Owners out of the Improvement Fund.
Section 5.5 Payment.
Upon approval of the Payment Request by the Director, the Director shall sign the Payment Request and forward the same to the Finance Director of the City. Upon receipt of the reviewed and fully signed Payment Request, the Finance Director of the City shall, within the then current City financial accounting payment cycle but in any event within thirty (30) calendar days of receipt of the approved Payment Request, cause the same to be paid (i) by the City from the Improvement Fund, if prior to Bond issue, and (ii) by the Fiscal Agent under the applicable provisions of the Fiscal Agent Agreement, to the extent of funds then on deposit in the Improvement Fund. Any approved Payment Request not paid due to an insufficiency of funds in the Improvement Fund, shall be paid promptly following the deposit into the Improvement Fund of additional funds, if any.
The Purchase Price paid hereunder for any Facility or Discrete Component shall constitute payment in full for such Facility or Discrete Component, including, without limitation, payment for all labor, materials, equipmen t, tools and services used or incorporated in the work, supervision,
10.6.c
Formation of CFD 2022-1
Packet Pg. 87
11 administration, overhead, expenses and any and all other things required, furnished or incurred for completion of such Facility or Discrete Component, as specified in the Plans.
Section 5.6 Restrictions on Payments.
Notwithstanding any other provisions of this Acquisition Agreement, the following restrictions shall apply to any payments made to the Owner under Sections 5.2 and 5.5 hereof:
(a) Amounts of Payments.
Subject to the following paragraphs of this Section 5.6, payments for each Discrete Component or Facility will be made only in the amount of the Purchase Price for the respective Discrete Component or Facility whether or not the Actual Cost exceeds the Budgeted Cost therefor (it being understood that the Budgeted Costs are only estimates and not limitations on the amount of the Purchase Price).
Nothing herein shall require the City in any event (i) to pay more than the Actual Cost of a Facility or Discrete Component, or (ii) to make any pa yment beyond the available funds in the Improvement Fund. The parties hereto acknowledge and agree that all payments to the Owner for the Purchase Prices of Facilities or Discrete Components are intended to be reimbursements to the Owner for monies already expended or for immediate payment by the Owner (or directly by the City) to third parties in respect of such Facilities and/or Discrete Components. (b) Joint or Third Party Payments.
The City may make any payment jointly to the Owner and any mortgagee or trus t deed beneficiary, contractor or supplier of materials, as their interests may appear, or solely to any such third party, if the Owner requests the same in writing.
(c) Withholding Payments.
The City shall be entitled, but shall not be required, to withhold a ny payment hereunder for a Discrete Component or a Facility if the Owner or any Affiliate is delinquent in the payment of ad valorem real property taxes, special assessments or taxes, or special taxes levied in the District. In the event of any such delinquency, the City shall only make payments hereunder, should any be made at the City’s sole discretion, directly to contractors or other third parties employed in connection with the construction of the Facilities or to any assignee of the Owner’s interests in this Acquisition Agreement (and not to the Owner or any Affiliate), until such time as the Owner provides the Director with evidence that all such delinquent taxes and assessments have been paid.
The City shall withhold payment for the final Discrete Component of a Facility constructed on land, until Acceptable Title to such land is conveyed to the City or other public entity that will own the respective Facility, as described in Article VI hereof.
The City shall be entitled to withhold any payment hereunder for a Discrete Component that is the subject of a Payment Request until it is satisfied that any and all claims for labor and materials have been paid by the Owner for the Discrete Component that is the subject of a Payment Request, or conditional lien releases have been provided by the Owner for such Discrete Component. The City, in its discretion, may waive this limitation upon the provision by the Owner of sureties, undertakings, securities and/or bonds of the Owner or appropriate contractors or sub contractors and deemed satisfactory by the Director to assure payment of such claims.
10.6.c
Formation of CFD 2022-1
Packet Pg. 88
12 The City shall be entitled to withhold payment for any Facility or the final Discrete Component of a Facility hereunder to be owned by the City until: (i) the Director d etermines that the Facility is ready for its intended use, (ii) the Acceptance Date for the Facility has occurred and the requirements of Section 6.1, if applicable to such Facility, have been satisfied, and (iii) a Notice of Completion executed by the Own er, in a form acceptable to the Director, has been recorded for the Facility and general lien releases conditioned solely upon payment from the proceeds of the Bonds to be used to acquire such Facility (or final Discrete Component) have been submitted to t he Director for the Facility. The City hereby agrees that the Owner shall have the right to post or cause the appropriate contractor or subcontractor to post a bond with the City to indemnify it for any losses sustained by the City because of any liens tha t may exist at the time of acceptance of such a Facility, so long as such bond is drawn on an obligor and is otherwise in a form acceptable to the Director. The City shall be entitled to withhold payment for any Facility (or the final Discrete Component of any such Facility) to be owned by other governmental entities, until the Owner provides the Director with evidence that the governmental entity has accepted dedication of and/or title to the Facility. If the Director determines that a Facility is not ready for intended use under (i) above, the Director shall so notify the Owner as soon as reasonably practicable in writing specifying the reason(s) therefor.
Nothing in this Acquisition Agreement shall be deemed to prohibit the Owner from contesting in good f aith the validity or amount of any mechanics or materialman’s lien nor limit the remedies available to the Owner with respect thereto so long as such delay in performance shall not subject the Facilities or any Discrete Component thereof to foreclosure, fo rfeiture or sale. In the event that any such lien is contested, the Owner shall only be required to post or cause the delivery of a bond in an amount equal to the amount in dispute with respect to any such contested lien, so long as such bond is drawn on an obligor and is otherwise in a form acceptable to the Director. (d) Retention.
The City shall withhold in the Improvement Fund an amount equal to ten percent (10%) of the Purchase Price of each Discrete Component to be paid hereunder. Any such retention will be released to the Owner upon final completion and acceptance of the related Facility.
Notwithstanding the foregoing, the Owner shall be entitled to payment of any such retention upon the completion and acceptance of a Discrete Component, if securities mee ting the requirements of the California Public Contracts Code are deposited in lieu thereof in accordance with Section 6.5 hereof. Payment of any retention shall also be contingent upon the availability of monies in the Improvement Fund therefore. No retention shall apply if the Owner proves to the Director’s satisfaction that the Owner’s contracts for the Discrete Components provide for the same retention as herein provided, so that the Purchase Price paid for the Discrete Component is at all times net of the required retention.
(e) Frequency.
Unless otherwise agreed to by the Director, no more than one Payment Request shall be submitted by the Owner in any calendar month.
Section 5.7 Defective or Nonconforming Work.
If any of the work done or materials furnished for a Facility or Discrete Component are found by the Director to be defective or not in accordance with the applicable Plans: (i) and such finding is
10.6.c
Formation of CFD 2022-1
Packet Pg. 89
13 made prior to payment for the Purchase Price of such Facility or Discrete Component hereunder, the City may withh old payment therefor until such defect or nonconformance is corrected to the satisfaction of the Director, or (ii) and such finding is made after payment of the Purchase Price of such Facility or Discrete Component, the City and the Owner shall act in accordance with the City’s standard specification for public works construction.
Section 5.8 Modification of Discrete Components.
The Owner may submit to the Director a revised Exhibit B for the purpose of updating the Budgeted Costs for one or more Discrete Components and Facilities or identifying other DIFs that are eligible to be financed and such revised Exhibit B shall replace the original Exhibit B in its entirety. In addition, upon written request of the Owner, the Director shall consider modification of the description of any Discrete Component or the addition of a new Facility or Discrete Component. Any such modification shall be subject to the written approval of the Director, and shall not diminish the overall facilities to be provided by the Owner hereunder (in a material way such that the change invalidates any of the assumptions used in the appraisal conducted to sell the Bonds). It is expected that any such modification will be solely for purposes of dividing up the work included in any Discrete Component for purposes of acceptance and payment, for example: (i) separation of irrigation and landscaping from other components of a Discrete Component, or (ii) modifications to allow for payment for roadway improvements prior to completion of the top course of paving. In most instances, the Director will only approve modification for payment purposes when there will be an unusual period of time between the completion and acceptance of such divided work or to better implement the phasing of the overall construction o f the Facilities; but no such circumstances shall in any way obligate the Director to approve such modification. Supplements to modify this Acquisition Agreement in accordance with this Section 5.8 may be approved by the Director without further City Council action.
Section 5.9 Payments of Purchase Price of Facilities or Discrete Components in Installments.
The City understands and agrees that (i) Owner will be constructing Facilities or Discrete Components prior to the availability of funds in the Improvement Fund th at will be used to pay for such Facilities or Discrete Components, (ii) the City may be inspecting such Facilities or Discrete Components and processing and completing payment requests for the payment on such Facilities or Discrete Components with knowledge that there may be insufficient funds in the Improvement Fund available at such time, (iii) the Facilities or Discrete Components may be conveyed to and accepted by the City when there are insufficient funds in the Improvement Fund to pay the Purchase Prices of such Facilities or Discrete Components, and (iv) in any such case, the payment of any approved payment requests for the Purchase Prices of such Facilities or Discrete Components will be deferred until there are funds in the Improvement Fund availabl e to pay all or a portion of the Purchase Prices of such Facilities or Discrete Components (if ever, subject to the terms and conditions set forth in this Acquisition Agreement), at which time the City will make such payments in accordance with this Acquisition Agreement, subject to the limitations set forth in this Acquisition Agreement. At all times, Owner will be constructing such Facilities or Discrete Components with the expectation that the Purchase Prices for such Facilities or Discrete Components will be paid solely from and limited to the funds on deposit in the Improvement Fund. The conveyance of Facilities or Discrete Components to the City prior to receipt of the Purchase Prices for such Facilities or Discrete Components shall not be construed as a dedication or gift, or a waiver of the payment of the Purchase Prices, or any part thereof, for such Facilities or Discrete Components. The Purchase Price paid hereunder for any Facility or Discrete Component thereof may be paid in any number of insta llments as funds in the Improvement Fund become available.
10.6.c
Formation of CFD 2022-1
Packet Pg. 90
14 ARTICLE VI
OWNERSHIP AND TRANSFER OF FACILITIES
Section 6.1 Facilities to be Owned by the City-Conveyance of Land and Easements to City.
Acceptable Title to all property on, in or over which each Facility to be acquired by the City will be located, shall be deeded over to the City by way of grant deed, or dedication of such property, or easement thereon, if such conveyance of interest is approved by the City as being a sufficient interest therein to permit the City to properly own, operate and maintain such Facility located therein, thereon or thereover, and to permit the Owner to perform its obligations as set forth in this Acquisition Agreement. The Owner agrees to assist the City in obtaining such documents as are required to obtain Acceptable Title. Completion of the transfer of title to land shall be accomplished prior to the payment of the Purchase Price for a Facility (or the last Discrete Component thereof) and shall be evidenced by recordation of the acceptance thereof by the City Council or the designee thereof.
Section 6.2 Facilities to be Owned by the City-Title Evidence.
Upon the request of the City, the Owner shall furnish to the City a prel iminary title report for land with respect to Facilities to be acquired by the City and not previously dedicated or otherwise conveyed to the City, for review and approval at least thirty (30) calendar days prior to the transfer of the Acceptable Title to a Facility to the City. The City shall approve the preliminary title report unless it reveals a matter which, in the judgment of the City, could materially affect the City’s use and enjoyment of any part of the property or easement covered by the preliminary title report. In the event the City does not approve the preliminary title report, the City shall not be obligated to accept title to such Facility or pay the Purchase Price for such Facility (or the last Discrete Component thereof) until the Owner has cured such objections to title to the reasonable satisfaction of the City. In the event the Owner cannot cure such objections to title, City agrees to consider the use of eminent domain pursuant to Section 6.3 hereof for such purpose.
Section 6.3 Facilities Constructed on Private Lands.
If any Facilities to be acquired are located on privately -owned land, the owner thereof shall retain title to the land and the completed Facilities until acquisition of the Facilities under Article V hereof. Pending the completion of such transfer, the Owner shall not be entitled to receive any payment for any such Facility or the last Discrete Component thereof. The Owner shall, however, be entitled to receive payment for Discrete Components (other than the last Discrete Component) upon making an irrevocable offer of dedication of such land in form and substance acceptable to the Director.
Notwithstanding the foregoing, upon written request of the City before payment for any Discrete Component of such a Facility, the Owner shall convey or cause to be conveyed Acceptable Title thereto in the manner described in Sections 6.1 and 6.2 hereof.
It shall be the responsibility of the Owner to acquire all property rights on property which is not owned by the City or the Owner which is necessary for the construction of any of the Facilities. In the event, despite its exercise of best efforts to do so, the Owner is unable to acquire such property rights, the City shall in good faith consider the undertaking of proceedings to acquire such property rights through its exercise of the power of eminent domain, and the costs of such proceedings and acquisition shall be the responsibility of the Owner and shall comprise part of the Purchase Price of the related Facility.
10.6.c
Formation of CFD 2022-1
Packet Pg. 91
15 Section 6.4 Facilities Constructed on City Land.
If the Facilities to be acquired are on land owned by the City, including land as to which the City has acquired sufficient property rights in the manner described in Section 6.3 or otherwise, the City hereby grants to the Owner a license to enter upon suc h land for purposes related to the construction (and maintenance pending acquisition) of the Facilities. The provisions for inspection and acceptance of such Facilities otherwise provided herein shall apply.
Section 6.5 Facilities to be Acquired by Other Public Agencies.
With respect to any Facility to be acquired by a public entity other than the City, the Owner shall comply with such entities rules and regulations regarding title and conveyance of property, and provide the Director with evidence of such compliance, prior to the payment of the Purchase Price for any such Facility (or the last Discrete Component thereof).
Section 6.6 Maintenance and Warranties.
The Owner shall maintain or cause to be maintained each Discrete Component in good and safe condition until the Acceptance Date of the Facility of which such Discrete Component is a part.
Prior to the Acceptance Date, the Owner shall be responsible for performing any required maintenance on any completed Discrete Component or Facility. On or before the Acceptance Date of the Facility, the Owner shall assign to the City all of the Owner’s rights in any warranties, guarantees, maintenance obligations or other evidence of contingent obligations of third persons with respect to such Facility.
For each Facility to be owned by the C ity, the Owner shall provide a warranty bond reasonably acceptable in form and substance to the Director to remain in effect for a period of one year from the date of acceptance of each Facility. The City shall be responsible for maintenance of each Facility from and after the Acceptance Date thereof, except that with respect to landscaping improvements, the Owner shall maintain or cause to be maintained such landscape improvements for a period of one year following the Acceptance Date thereof or shall prov ide a bond reasonably acceptable in form and substance to the Director for such period and for such purpose (for landscaping improvements only, and for the posting of a warranty bond to remain in effect for one year as to other Facilities), to insure that defects, which appear within said period will be repaired, replaced, or corrected by the Owner, at its own cost and expense, to the satisfaction of the Director. The Owner shall commence to repair, replace or correct any such defects within thirty (30) cal endar days after written notice thereof by the City to the Owner, and shall complete such repairs, replacement or correction as soon as practicable.
Any warranties, guarantees or other evidences of contingent obligations of third persons with respect to the Facilities to be acquired by the City shall be delivered to the Director as part of the transfer of title.
For purposes of this Section 6.6, after the Acceptance Date for a Facility, the terms “maintain” and “maintenance” mean the repair, replacement, or correction of any defects in the Facility, and shall not mean the day-to-day upkeep or correction of normal wear and tear of the Facility (such as watering or weeding for landscape improvements, painting, graffiti removal, etc.).
10.6.c
Formation of CFD 2022-1
Packet Pg. 92
16 ARTICLE VII
INSURANCE
Section 7.1 Insurance Requirements.
The Owner shall, at all times prior to the final Acceptance Date of all Facilities, maintain and deliver to the City evidence of and keep in full force and effect, not less than the following coverage and limits of insurance, which shall be maint ained with insurers and under forms of policies satisfactory to the Director: (i) Workers Compensation and Employer’s Liability - Workers’ Compensation - coverage as required by law; Employer’s Liability - limits of at least $100,000.00 per occurrence; (i i) Comprehensive General Liability - Combined Single Limit - $1,000,000.00; (iii) Automobile Liability - Combined Single Limit - $1,000,000.00, (the automobile and general comprehensive liability policies shall be accompanied by an umbrella policy with a combined limit of $5,000,000.00); and (iv) Errors and Omissions Insurance - Combined Single Limit - $1,000,000.00.
All of the Owner’s insurance policies shall contain an endorsement providing that written notice shall be given to the City at least 30 calend ar days prior to termination or cancellation of coverage of the policy.
The Comprehensive General Liability and Bodily Injury and Property Damage Liability policies shall contain the following:
(a) An endorsement extending coverage to the City and its agents as an additional insured, as respects liabilities arising out of the performance of any work related to the Facilities.
Which insurance shall be primary insurance as respects the interest of the City, and any other insurance maintained by the City shall be excess and not contributing insurance with the insurance required hereunder.
(b) Severability of interest clause.
(c) Provision or endorsement stating that such insurance, subject to all of its other terms and conditions, applies to contractual liability assumed by the Owner.
Promptly on execution of this Acquisition Agreement by the Owner, the Owner shall deliver to the Director copies of all required certificates of insurance and endorsements thereto on forms which are acceptable to the Director and the City Attorney.
The Owner shall require and verify similar insurance on the part of its contractors and subcontractors.
The foregoing requirements as to the types, limits and City approval of insurance coverage to be maintained by the Owner are not intended to and s hall not in any manner limit or qualify the liabilities and obligations assumed by the Owner under this Acquisition Agreement.
Any policy or policies of insurance that the Owner or its contractors or subcontractors elect to carry as insurance (i) against loss or damage to their construction equipment and tools or other personal property used in fulfillment of this Acquisition Agreement or a contract related to the Facilities shall include a provision waiving the insurer’s right of subrogation against the Ci ty, and (ii) in fulfillment of this Acquisition Agreement involving a dual obligee bond may contain a clause to the effect that:
“provided that Principal and Surety shall not be liable to the Obligees or any of them unless the
10.6.c
Formation of CFD 2022-1
Packet Pg. 93
17 Obligees or any of them have performed the obligations to the Principal in accordance with the terms of said contract; and provided, further, that Principal and Surety shall not be liable to all Obligees in the aggregate in excess of the penal sum above stated.” Section 7.2 Standards Applicable.
The Owner may effect such coverage under blanket insurance policies, provided, however, that (i) such policies are written on a per occurrence basis, (ii) such policies comply in all other respects with the provisions of Section 7.1, and (iii) the protection afforded the City under any such policy shall be no less than that which would be available under a separate, policy relating only to this Acquisition Agreement. All policies of insurance shall be with companies licensed or approved by the State of California Insurance Commissioner and rated (i) A12 or better with respect to primary levels of coverage, and (ii) B+12 or better with respect to excess levels of coverage, in the most recent edition of Best’s Insurance Guide and shall be issued and delivered in accordance with State law and regulations.
Section 7.3 Evidence of Insurance.
The Owner shall furnish to the City, from time to time upon request of the Director, a certificate of insurance regarding each insurance policy required to be maintained by the Owner hereunder.
ARTICLE VIII
DIFs
Section 8.1 Funding of DIFs.
The Owner may submit to the City from time to time a Payment Request in the form attached hereto as Exhibit D-1 for reimbursement of any DIFs previously paid to the City in an amount not to exceed the amount on depos it in the Improvement Fund. In the event that the amount in the Improvement Fund is less than the total amount of DIFs previously paid to the City and requested for reimbursement in a Payment Request, the unpaid amount shall be reimbursed to the Owner whe n additional funds are subsequently deposited in the Improvement Fund in an amount equal to or such unpaid amount of the Payment Request. If Owner constructs a DIF facility, Owner shall only be entitled to reimbursement pursuant to the terms of this Acqui sition Agreement for the Owner’s DIF obligation that was not satisfied through the construction of such DIF facilities.
The Owner may pay DIFs prior to the availability of funds in the Improvement Fund to reimburse the Owner for the payment of such DIFs. Any DIFs paid by the Owner shall be made with the understanding that the payment of such DIFs may be reimbursed to the Owner from the funds on deposit in the Improvement Fund if such funds become available therefor. The payment of DIFs prior to the availability of such funds shall not be construed as a dedication or gift of the DIFs, or a waiver of the reimbursement for such DIFs, it being the intention that the DIFs will be reimbursed from funds on deposit in the Improvement Fund if such funds become avai lable therefor. The reimbursement for DIFs may be paid in any number of installments as funds become available therefor in the Improvement Fund.
10.6.c
Formation of CFD 2022-1
Packet Pg. 94
18 ARTICLE IX
REPRESENTATIONS, WARRANTIES AND COVENANTS
Section 9.1 Representations, Covenants and Warranties of the Owner.
The Owner represents and warrants for the benefit of the City, as follows:
(a) Organization.
The Owner is a corporation duly organized and validly existing under the laws of the State of California, and is in compliance with all applicable laws of the State of California, and has the power and authority to own its properties and assets and to carry on its business as now being conducted and as now contemplated.
(b) Authority.
The Owner has the power and authority to enter into this Acquisition Agreement, and has taken all action necessary to cause this Acquisition Agreement to be executed and delivered, and this Acquisition Agreement has been duly and validly executed and delivered by the Owner. (c) Binding Obligation.
This Acquisition Agreement is a legal, valid and binding obligation of the Owner, enforceable against the Owner in accordance with its terms, subject to bankruptcy and other equitable principles.
(d) Compliance with Laws.
The Owner shall not with knowle dge commit, suffer or permit any act to be done in, upon or to the lands of the Owner in the District or the Facilities in violation of any law, ordinance, rule, regulation or order of any governmental authority or any covenant, condition or restriction no w or hereafter affecting the lands in the District or the Facilities. (e) Requests for Payment.
The Owner represents and warrants that (i) it will not request payment from the City for the acquisition of any improvements that are not part of the Facilities, an d (ii) it will diligently follow all procedures set forth in this Acquisition Agreement with respect to the Payment Requests. (f) Financial Records.
Until the final acceptance of the Facilities, the Owner covenants to maintain proper books of record and account for the construction of the Facilities and all costs related thereto. Which accounting books shall be maintained in accordance with generally accepted accounting principles, and shall be available for inspection by the City or its agent at any reasonable time during regular business hours on reasonable notice.
10.6.c
Formation of CFD 2022-1
Packet Pg. 95
19 (g) Prevailing Wages.
The Owner covenants that, with respect to any contracts or subcontracts for the construction of the Facilities to be acquired from the Owner hereunder, it will assure complete compliance with any applicable law or regulation for the payment of prevailing wages for such construction.
(h) Plans.
The Owner represents that it has obtained or will obtain approval of the Plans for the Facilities to be acquired from the Owner hereunder from all appropriate departments of the City and from any other public entity or public utility from which such approval must be obtained. The Owner further agrees that the Facilities to be acquired from the Owner hereunder have been or will be constructed in f ull compliance with such approved plans and specifications and any supplemental agreements (change orders) thereto, as approved in the same manner. (i) Land Owners.
The Owner agrees that in the event that it sells any land owned by it within the boundaries of the District, the Owner will (i) notify the purchaser in writing prior to the closing of any such sale of the existence of this Acquisition Agreement and the Owner’s rights and obligations assigned to the purchaser with respect to the construction of and p ayment for the Facilities, and (ii) notify the purchaser in writing of the existence of the District and the special tax lien in connection therewith.
Section 9.2 Indemnification and Hold Harmless.
The Owner shall assume the defense of, indemnify and save harmless the City, members of the City Council, their officers, officials, employees and agents and each of them, from and against all actions, damages, claims, losses or expense of every type and d escription to which they may be subjected or put, by reason of, or resulting from the breach of any provision of this Acquisition Agreement by the Owner, the Owner’s or any other entity’s negligent design, engineering and/or construction of any of the Faci lities acquired from the Owner hereunder, the Owner’s non -payment under contracts between the Owner and its consultants, engineer’s, advisors, contractors, subcontractors and suppliers in the provision of the Facilities, or any claims of persons employed b y the Owner or its agents to construct the Facilities. Notwithstanding the foregoing, no indemnification is given hereunder for any action, damage, claim, loss or expense directly attributable to the intentional acts or active negligence of the City, or its officers, directors, employees or agents hereunder.
No provision of this Acquisition Agreement shall in any way limit the Owner’s responsibility for payment of damages resulting from the operations of the Owner, its agents, employees or its contractors.
ARTICLE X
TERMINATION
Section 10.1 Mutual Consent.
This Acquisition Agreement may be terminated by the mutual, written consent of the City and the Owner, in which event the City may let contracts for any remaining work related to the Facilities
10.6.c
Formation of CFD 2022-1
Packet Pg. 96
20 not theretofore acquired from the Owner hereunder, and use all or any portion of the monies in the Improvement Fund to pay for same, and the Owner shall have no claim or right to any further payments for the DIFs or the Purchase Price of Facilities or Discrete Components hereunder, except as otherwise may be provided in such written consent.
Section 10.2 City Election for Cause.
The following events shall constitute grounds for the City, at its option and in its sole discretion, to terminate this Acquisition Agreement, without the consent of the Owner:
(a) The Owner shall voluntarily file for reorganization or other relief under any Federal or State bankruptcy or insolvency law.
(b) The Owner shall have any involuntary bankruptcy or insolvency action filed against it, or shall suffer a trustee in bankruptcy or insolvency or receiver to take possession of the assets of Owner, or shall suffer an attachment or levy of execution to be made against the property it owns within the District unless, in any of such cases, such circumstance shall have been terminated or released within ninety (90) days thereafter.
(c) The Owner shall abandon construction of the Facilities. Failure for a period of three hundred sixty -five (365) days to undertake substantial work related to the construction of the Facilities, other than for a reason specified in Section 10.3 hereof, shall constitute such abandonment, it being understood that delays or stoppages approved by the City and Owner shall not constitute abandonment.
(d) The Owner shall breach any material covenant or default in the performance of any material obligation hereunder.
(e) The Owner shall transfer any of its rights or obligations under this Acquisition Agreement in violation of Section 11.7 herein.
(f) The Owner shall have made any intentional material misrepresentation or omission of an y written materials furnished in connection with any preliminary official statement, official statement or bond purchase contract used in connection with the sale of any series of the Bonds.
If any such event occurs, the City shall give written notice of i ts knowledge thereof to the Owner, and the Owner agrees to meet and confer with the Director and other appropriate City staff and consultants as to options available to assure timely completion of the Facilities. Such options may include, but not be limite d to the termination of this Acquisition Agreement by the City. If the City elects to terminate this Acquisition Agreement, the City shall first notify the Owner (and any mortgagee or trust deed beneficiary specified in writing by the Owner to the City to receive such notice) of the grounds for such termination and allow the Owner a reasonable period (minimum of thirty (30) days) to eliminate or mitigate to the satisfaction of the Director the grounds for such termination. Such period may be extended, at th e sole discretion of the City, if the Owner, to the satisfaction of the City, is proceeding with diligence to eliminate or mitigate such grounds for termination. If at the end of such period (and any extension thereof, as determined solely by the City), the Owner has not eliminated or completely mitigated such grounds, to the satisfaction of the City, the City may then terminate this Acquisition Agreement.
10.6.c
Formation of CFD 2022-1
Packet Pg. 97
21 Notwithstanding the foregoing, so long as any event listed in any of clauses (a) through and including (f) above has occurred, notice of which has been given by the City to the Owner, and such event has not been cured or otherwise eliminated by the Owner, the City may in its sole discretion cease making payments for the Purchase Price of Facilities or Disc rete Components under Article V hereof.
Section 10.3 Force Majeure.
Whenever performance is required of a party hereunder, that party shall use all due diligence and take all necessary measures in good faith to perform, but if completion of performance is delayed by reasons of floods, earthquakes, inclement weather or other acts of God, war, civil commotion, riots, strikes, acts of terrorism, picketing, or other labor disputes, damage to work in progress by casualty, or by other cause beyond the reasonable control of th e party (financial inability excepted), then the specified time for performance shall be extended by the amount of the delay actually so caused.
ARTICLE XI
MISCELLANEOUS
Section 11.1 Limited Liability of City.
The Owner agrees that any and all obligations of the City arising out of or related to this Acquisition Agreement are special and limited obligations of the City and the City’s obligations to make any payments hereunder are restricted entirely to the moneys, if any, in the Improvement Fund and from no other source. No membe r of the City. Council, or City staff member, employee or agent shall incur any liability hereunder to the Owner or any other party in their individual capacities by reason of their actions hereunder or execution hereof.
Section 11.2 Excess Costs.
The Owner agrees to pay all costs of the Facilities that it is obligated to construct pursuant to Section 4.2 in excess of the moneys available therefor in the Improvement Fund.
Section 11.3 Audit.
The Director and/or the Finance Director or other finance officer of the City shall have the right, during normal business hours and upon the giving of two (2) business days prior written notice to the Owner, to review all books and records of the Owner pertaining to the Actual Cost incurred by the Owner in to any of the Facilities, and any bids taken or received for the construction thereof or materials therefor.
Section 11.4 Attorney’s Fees.
In the event that any action or suit is instituted by either party against the other arising out of this Acquisition Agreement, the party in whose favor final judgment shall be entered shall be entitled to recover from the other party all costs and expenses of suit, including reasonable attorneys’ fees.
Section 11.5 Notices.
Any notice, payment or instrument required or permitted by this Acquisition Agreement to be given or delivered to either party shall be deemed to have been received when personally delivered, or
10.6.c
Formation of CFD 2022-1
Packet Pg. 98
22 transmitted by telecopy or facsimile transmission (which shall be immediately confirmed by telephone and shall be followed by overnight delivery an original of the same within twenty-four hours after such transmission), addressed as follows:
City: City of Chino
13220 Central Avenue
Chino, CA 91710
Attention: Rob Burns, Director of Finance
Email: [email protected]
Owner: KB HOME Coastal Inc.
36310 Inland Valley Drive
Wildomar, CA 92595
Attention: Heidi McBroom
Email: [email protected]
Each party may change its address or addresses for delivery of notice by d elivering written notice of such change of address to the other party.
Section 11.6 Severability.
If any part of this Acquisition Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Acquisition Agreement shall be given effect to the fullest extent possible.
Section 11.7 Successors and Assigns.
This Acquisition Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. This Acquisition Agreement shall not be assigned by the Owner, except in whole to an Affiliate, or to any other entity of which the Owner and/or its members or partners will be managing members or general partners (which transfer is expressly authorized hereunder, without further act of the City), without the p rior written consent of the City, which consent shall not be unreasonably withheld or delayed. In connection with any such consent of the City, the City may condition its consent upon the acceptability of the financial condition of the proposed assignee, t he assignee’s express assumption of all obligations of the Owner hereunder, and/or upon any other factor which the City deems relevant in the circumstances. In any event, any such assignment shall be in writing, shall clearly identify the scope of the righ ts and/or obligations assigned, and shall not be effective until approved by the City. Without the City’s consent, no assignment shall release the Owner from its obligations and liabilities under this Acquisition Agreement.
Section 11.8 Other Agreements.
The obligations of the Owner hereunder shall be those of a party hereto and not as an owner of property in the District. Nothing herein shall be construed as affecting the City’s or the Owner’s rights, or duties to perform their respective obligations, under other agree ments, if any, use regulations or subdivision requirements relating to the development of the lands in the District. This Acquisition Agreement shall not confer any additional rights, or waive any rights given, by either party hereto under any development or other agreement to which they are a party.
10.6.c
Formation of CFD 2022-1
Packet Pg. 99
23 Section 11.9 Waiver.
Failure by a party to insist upon the strict performance of any of the provisions of this Acquisition Agreement by the other party, or the failure by a party to exercise its rights upon the default of t he other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Acquisition Agreement thereafter.
Section 11.10 Merger.
No other agreement, statement or promise made by any party or any employee, officer or agent of any party with respect to any matters covered hereby that is not in writing and signed by all the parties to this Acquisition Agreement shall be binding.
Section 11.11 Parties in Interest.
Nothing in this Acquisition Agreement, expressed o r implied, is intended to or shall be construed to confer upon or to give to any person or entity other than the City and the Owner any rights, remedies or claims under or by reason of this Acquisition Agreement or any covenants, conditions or stipulations hereof; and all covenants, conditions, promises, and agreements in this Acquisition Agreement contained by or on behalf of the City or the Owner shall be for the sole and exclusive benefit of the City and the Owner.
Section 11.12 Amendment.
This Acquisition Agreement may be amended, from time to time, by written Supplement hereto and executed by both the City and the Owner.
Section 11.13 California Law.
This Acquisition Agreement shall be governed by the laws of the State of California.
Section 11.14 Counterparts.
This Acquisition Agreement may be executed in counterparts, each of which shall be deemed an original.
10.6.c
Formation of CFD 2022-1
Packet Pg. 100
S-1
IN WITNESS WHEREOF, the parties have executed this Acquisition Agreement as of the day and year first-above written.
CITY OF CHINO, for itself and on behalf of
Community Facilities District No. 2022-1
(Falloncrest) of the City of Chino
By:
Name: Dr. Linda Reich
Its: City Manager
ATTESTED TO:
City Clerk
APPROVED AS TO FORM:
Rob Burns, Director of Finance
City of Chino
APPROVED AS TO CONTENT:
Bradley R. Neal,
Stradling Yocca Carlson & Rauth
KB HOME COASTAL INC., a California
corporation
By: ____________________________
Name: Scott Hansen
Title: Vice President, Forward Planning
10.6.c
Formation of CFD 2022-1
Packet Pg. 101
A-1
ACQUISITION AGREEMENT
EXHIBIT A
DESCRIPTION OF AUTHORIZED FACILITIES ELIGIBLE FOR
ACQUISITION FROM THE OWNER
A. TYPES OF FACILITIES
The types of Facilities that are eligible to be financed by CFD No. 2022-1 with the proceeds of special taxes and/or bonds issued by CFD No. 2022-1 consist of the following:
(1) Public storm drain improvements
(2) Public water and sewer improvements
(3) Public street improvements
Incidental expenses of relating to the Facilities may include professional design fees (which include final engineering, field engineering and field services, soils engineering, field observation and reports, dry utility design and coordination, landscape design and field services), staking, environmental reports, plan check, and inspection.
B. SUBSTITUTION FACILITIES
The description of Facilities is general in nature. The final nature and location of the Facilities will be determined upon preparation of final plans and specifications.
10.6.c
Formation of CFD 2022-1
Packet Pg. 102
B-1
ACQUISITION AGREEMENT
EXHIBIT B
BUDGETED COSTS OF FACILITIES AND ELIGIBLE DIFs
Preliminary List of Authorized Fees and Facilities
City of Chino Development Impact Fees (1) Per Unit
No.
Units Total
DETACHED UNITS
Law Enforcement Facilities $ 637 197 $ 125,489
Fire Protection Facilities 1,310 197 258,070
Circulation (Streets, Signals and Bridges) (Prepaid) 9,212 197 1,763,466 Circulation (Streets, Signals and Bridges) - CREDIT (4,902) 197 (965,681) Storm Drain Collection 4,655 197 917,035
Storm Drain Collection - CREDIT (1,161) 197 (228,807)
Sewage Collection and Disposal 3,658 197 720,626
Sewage Collection and Disposal - CREDIT (769) 197 (151,428) Water Storage and Distribution (Prepaid) 6,753 197 1,330,279 Water Storage and Distribution - CREDIT (4,910) 197 (967,339) General Facilities 156 197 30,732
Public Use (Community Center) Facilities 4,736 197 932,992 Misc. Open Space Amenities 1,798 197 354,206
Congestion Management Plan 555 197 109,335
Park Fund 13,928 197 2,743,816
TOTAL CITY DIF $35,655 168 $ 6,972,791
City of Chino Public Improvements Total
Sewer $ 194,519
Water 2,367,656
Storm Drain 679,716
Street 1,331,010
Prevailing Wage Contingency (20%) 914,580
Soft Costs (5%) (5%)
Sub-total Public Improvements $ 5,716,126
TOTAL $64,411 $ 12,688,917
(1) City of Chino DIF per the current City DIF Fee Schedule for the Preserve effective July 5, 2022 for the medium density detached category. This facilities list is preliminary and subject to change. (2)`Improvement costs and fee credits per Owner on March 1, 2022
10.6.c
Formation of CFD 2022-1
Packet Pg. 103
C-1
ACQUISITION AGREEMENT
EXHIBIT C
ADDITIONAL FACILITIES
[Intentionally Omitted]
10.6.c
Formation of CFD 2022-1
Packet Pg. 104
D-1
ACQUISITION AGREEMENT
EXHIBIT D
FORM OF PAYMENT REQUEST
PAYMENT REQUEST NO. ____
The undersigned (the “Owner”), hereby requests payment to the Payees listed on Attachment 2 in the total amount of $__________ for the Facilities (as defined in the Acquisition Agreement, dated as of ^November 1, 2022 between the City of Chino (the “City”) , with respect to the City of Chino Community Facilities District No. 2022-1 (Falloncrest) of the City of Chino and the Owner), or Discrete Components thereof (as described in Exhibit B to that Acquisition Agreement), all as more fully described in Attachm ent 1 hereto. In connection with this Payment Request, the undersigned hereby represents and warrants to the City as follows:
1. He (she) is a duly authorized officer of the Owner, qualified to execute this Payment Request for payment on behalf of the Owner and is knowledgeable as to the matters set forth herein.
2. To the extent that this payment request is with respect to a completed Facility, the Owner has submitted or submits herewith to the City as -built drawings or similar plans and specifications for the items to be paid for as listed in Attachment 1 hereto with respect to any such completed Facility, and such drawings or plans and specifications, as applicable, are true, correct and complete. To the extent that this payment request is for a Discrete Component, the Owner has in his construction office a marked set of drawings or similar plans and specifications for the Discrete Components to be acquired as listed in Attachment 1 hereto, which drawings or plans and specifications, as, applicable, are current and show all changes or modifications which have been made to date.
3. All costs of the Facilities or Discrete Components thereof for which payment is requested hereby are Actual Costs (as defined in the Acquisition Agreement referenced above) and have not been inflated or misrepresented in any respect. The items for which payment is requested have not been the subject of any prior payment request submitted to the City.
4. Supporting documentation (such as third party invoices) is attached with respec t to each cost for which payment is requested.
5. There has been full compliance with applicable laws relating to prevailing wages for the work to construct the Facilities or Discrete Components thereof for which payment is requested.
6. The Facilities o r Discrete Components thereof for which payment is requested were constructed in accordance with all applicable City or other governmental standards, and in accordance with the as-built drawings or plans and specifications, as applicable, referenced in paragraph 2 above.
7. The Owner is in compliance with the terms and provisions of the Acquisition Agreement, including the award of contracts under which the construction for which this payment is requested.
10.6.c
Formation of CFD 2022-1
Packet Pg. 105
D-2
8. The Purchase Price for each Facility or Discrete Component (a detailed calculation of which is shown in Attachment 2 hereto for each such Facility or Discrete Component), has been calculated in conformance with the terms of Section 5.6 of the Acquisition Agreement.
9. Neither the Owner nor any Affilia te (as defined in the Acquisition Agreement) is in default in the payment of ad valorem real property taxes or assessments or special assessments levied in the District (as defined in the Acquisition Agreement), except as follows:
_________________________________________.
I hereby declare under penalty of perjury that the above representations and warranties are true and correct.
Dated: KB HOME Coastal Inc., a California corporation
By:
Name:
Title:
Dated: CITY:
Payment Request Approved for Submission to
Finance Director
By:
Director of Public Works
10.6.c
Formation of CFD 2022-1
Packet Pg. 106
D-3
ACQUISITION AGREEMENT
ATTACHMENT 1
EXHIBIT D
[List here all Facilities or Discrete Components thereafter which payment is requested, and attach support documentation.]
10.6.c
Formation of CFD 2022-1
Packet Pg. 107
D-4
ACQUISITION AGREEMENT
ATTACHMENT 2
EXHIBIT D
CALCULATION OF PURCHASE PRICE
[Use a separate sheet for each Facility or Discrete Component for which payment is being requested]
1. Description (by reference to Exhibit B to the Acquisition Agreement) of the Facility or Discrete Component $
2. Actual Cost (list here total of supporting invoices and/or other documentation supporting determination of Actual Cost): $
3. Subtractions from Purchase Price: $
A. Holdback for Lien releases (see Section 5.6(C) of the Acquisition Agreement) $
B. Retention (see Section 5.6(D) of the Acquisition Agreement) $
4. Total disbursement requested (Amount listed in 2, less amounts, if any, listed in 3) $
Payment shall be directed to following payee(s):
10.6.c
Formation of CFD 2022-1
Packet Pg. 108
EXHIBIT D-1-1
ACQUISITION AGREEMENT
EXHIBIT D-1
FORM OF PAYMENT REQUEST (DIFs)
1. The undersigned (the “Owner”) hereby requests reimbursement from the City in the amount of $_____ (“Requested Amount”), which amount is on deposit in the Improvement Fund, or any applicable account of subaccount thereof, established by CFD No. 2022-1 for t he DIFs (as defined in the Acquisition Agreement, dated as of ^November 1, 2022 relating to CFD No. 2022-1) specified below:
Fee Category Date Paid Amount Requested
No. and Description
of Lots/DUs for
which Fees
Requested
2. The Requested Amount has been paid to City and has not formed the basis of any prior request or disbursement.
3. The Owner is in compliance with the terms and provisions of the Acquisition Agreement.
4. Neither the Owner not any Affiliate (as defined in the Acquisition Agreement) is in default in the payment of ad valorem real property taxes or assessments of special assessments or taxes levied in the District (as defined in the Acquisition Agreement).
10.6.c
Formation of CFD 2022-1
Packet Pg. 109
EXHIBIT D-1-2
I hereby declare under penalty of perjury that the above representations and warranties are true and correct.
OWNER:
______________________
Dated: __________________ By:
Name:
Title:
By:
Name:
Title:
CITY:
Payment Request Approved for Submission to Finance
Director
Dated: __________________ By:
Director of Public Works
10.6.c
Formation of CFD 2022-1
Packet Pg. 110
ACQUISITION AGREEMENT
EXHIBIT E
BIDDING AND CONTRACT REQUIREMENTS FOR
PUBLIC IMPROVEMENTS
The following rules and procedures (“Policies”) have been adopted by the City Council in accordance with Section 3.40.130(B)(1) and Section 3.45.130(B)(1) of the Chino Municipal Code. All developers constructing public improvements in the City, and seeking reimbursement and/or credits therefor, shall comply with these Policies. The City Engineer is authorized to resolve any issues regarding the interpretation and implementation of these Policies.
POLICIES
When contracting for the construction of public improvements that will receive reimbursements or credits from the City, the developer is standing in place of the City and effectively spending the City’s money. Therefore, the dev eloper shall comply with all laws governing the expenditures of public funds on public works projects, whether or not explicitly stated in these Policies, including, but not limited to:
▪ Division 2, Part 3, Chapter 1, Article 4 of the California Government Code (commencing with Section 20160), regarding the bidding and award of public works contracts;
▪ Division 2, Part 7, Chapter 1 of the California Labor Code (commencing with Section 1720), regarding labor and prevailing wage laws for public works projects; and
▪ Division 4, Part 6, Title 3 of the California Civil Code (commencing with Section 9000), regarding notices of completion, stop payment notices, and labor bonds for public works projects.
In the event of any conflict between these Policies and state laws applicable to the City, developers shall comply with state law applicable to the City.
BIDDING PHASE
A. Bidding Documents. Unless otherwise noted, the bidding documents shall conform to the following minimum requirements and shall be submitted to City for its prior written approval before release for bid. City shall review and approve, conditionally approve, or disapprove the bidding documents within fifteen (15) days after receipt.
1. The first publication or posting of the Notice Inviting Bids shall be at least 10 days before the date of opening the bids . Notice shall be published at least
10.6.c
Formation of CFD 2022-1
Packet Pg. 111
twice, not less than five days apart, in a newspaper of general circulation, printed and published in the city (at minimum).
2. Unless impractical due to the nature of the public improvements, the bid proposal shall be unit-priced rather than lump sum or time and materials.
3. Bidders shall be required to submit a bid bond with their bid in the amou nt of at least 10% of the amount of the bid.
4. The bidding documents shall require the successful bidder to provide evidence of comprehensive general liability insurance in the amount of at least $2,000,000 prior to the award of the contract, which names the City of Chino as an additional insured.
5. The bidding documents shall provide for monthly progress payments to the contractor (with respect to the public improvements).
6. The contractor shall be required to pay prevailing wages, and comply with all state labor and wage laws applicable to cities, as listed above.
7. The bidding documents must clearly state the time, date, and place where bids are to be submitted and opened.
8. The bidding documents shall clearly state the amount of time to complete t he work. The time allowed must be reasonable for the amount of work.
Accelerated construction time allowances must be supplementally bid, and are not eligible for reimbursement unless previously approved by the City Engineer.
9. The bid documents must requ ire the contractor to provide 100% faithful performance, 100% labor/materials, and 10% warranty bonds. The warranty bond must guarantee the work and materials for 1 year following the completion of the work.
10. Conditioned bids, unless the bid proposal lists them for all to bid on, shall not be accepted.
B. Prequalification. Developer may pre -qualify bidders in accordance with Public Contract Code Section 20101, by requiring all persons interested in bidding on any portion of the public improvements to submit current financial statements and a pre - qualification questionnaire in a form approved by City, and by scoring each submission based on reasonable, objective criteria reasonably acceptable to City. Developer must implement an appeals procedure for responding to disputes in compliance with Public Contract Code Section 20101(d). If developer elects to pre-qualify bidders, only those bidders who have submitted complete pre -qualification packets and obtained the minimum required score based on the objec tive rating system adopted by developer
10.6.c
Formation of CFD 2022-1
Packet Pg. 112
(and approved by City) shall be permitted to bid on any portion of the construction work for the public improvements.
C. Addenda. Addenda shall be mailed by first class mail (or submitted by confirmed electronic transmission) to all bidding document holders and the City’s Management Analyst at the same time. The last addendum shall be issued no later than three (3) business days prior to the date of opening bids.
D. Receipt and Opening of Bids.
1. Submitted bids shall be in sealed envelopes.
2. Bids shall not be accepted after the stated time for submission.
3. Bid opening shall be conducted by developer at developer’s place of business or other site acceptable to developer.
4. Sealed bids shall be opened and rea d aloud immediately following the submission time. The project engineer shall be invited to attend the bid opening.
E. Contract Review and Award.
1. All bids received shall be provided to the City’s Management Analyst. The City Engineer may, in his or her reasonable discretion, reject any and all bids that he or she determines to be nonresponsive.
2. The arithmetic of the lowest bid proposals received shall immediately be checked for errors.
3. Contracts shall be awarded to the lowest responsive and res ponsible bidder as defined by state law.
4. Award shall be made within 5 business days after the bid opening, unless more time is needed to determine if the lowest bidder is responsive and responsible.
PRECONSTRUCTION AND NOTICE TO PROCEED
A. Preconstruction Meeting. A preconstruction meeting shall be held with the contractor prior to beginning the work. The City’s project engineer shall be invited to attend the meeting.
B. Notice of Proceed. The Notice to Proceed shall be issued within a rea sonable period of time following the contract execution.
10.6.c
Formation of CFD 2022-1
Packet Pg. 113
CONSTRUCTION PHASE
A. Schedule and Status Meetings.
1. The City’s Management Analyst and City Engineer shall be provided a copy of the construction schedule.
2. Developer shall require the contract or to conduct weekly construction status meetings to which the City’s project engineer shall be invited.
B. Extra Costs.
1. Developer may approve change orders up to a combined total of 10% of the original cost of construction without prior City approval. Any change orders resulting in combined change to the original contract amount of more than 10% must be approved by the City Engineer.
2. Additional costs incurred solely for the benefit of developer, such as accelerating the construction schedule, regardless of the amount of such costs, shall not be eligible for reimbursement unless previously approved by the City Engineer. Any additional construction costs incurred due solely to unexcused delays caused by developer shall not be eligible for reimbursement.
C. Records. All contracts and construction related records shall be submitted to the Management Analyst throughput the duration of the project for the final determination of eligible costs for reimbursement.
D. Payment, Stop Payment Notices, Notice of Completion.
1. Developer shall make prompt payment to all contractors and subcontractors.
2. Developer must comply with all applicable laws applicable to cities regarding stop payment notices, as listed above.
3. Developer must file a Notice of Completion within 15 days of City’s approval of the public improvements (determining substantial completion), and shall submit a copy of the Notice of Completion to the Management Analyst.
E. Inspection and Acceptance by City.
1. All public improvements constructed by developer are subject to inspection by or on behalf of the City Engineer. Construction shall be scheduled to allow for periodic inspection by the Director of Development Services or his/her designee. The developer’s contractor will be required to provi de adequate quality assurance and quality control measures to ensure all public improvements are constructed in accordance with the Standard Specifications
10.6.c
Formation of CFD 2022-1
Packet Pg. 114
for Public Works Construction or Caltrans Standard Specifications, as appropriate for the work to be constructed.
2. City may require any work to be redone or fixed, at no additional cost to City, if the City Engineer determines, in his or reasonable discretion, that the work does not conform to the plans and specifications approved by the City and/or the requirements of state and federal law.
10.6.c
Formation of CFD 2022-1
Packet Pg. 115
REIMBURSEMENT AGREEMENT
RE PROPOSED
COMMUNITY FACILITIES DISTRICT NO. 2022-1
(FALLONCREST) OF THE CITY OF CHINO
THIS REIMBURSEMENT AGREEMENT RE PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2022-1 (FALLONCREST) OF THE CITY OF CHINO (the “Agreement”) dated as of October 1, 2022 is entered into by and between the City of Chino, a municipal corporation organized and existing under the laws and constitution of the State of California (the “City”), and KB HOME Coastal Inc., a California corporation (the “Owner”).
R E C I T A L S :
A. The Owner owns the land described in Exhibit A attached hereto (the “Property”) for which th e Owner desires to include the Property within proposed Community Facilities District No. 2022-1 (Falloncrest) of the City of Chino (the “District”) established by the City pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”).
B. The City and the Owner are desirous of entering into this Agreement in order to provide a mechanism by which the Owner may advance certain costs related to the cost of formation of the District, and to provide that such Dis trict, if formed, will reimburse the Owner for the amounts advanced hereunder.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the parties hereto agree as follows:
1. Recitals. Each of the above recitals is incorporated herein and is true and correct.
2. Potential Formation of the District and Issuance of Bonds. (a) At the request of the Owner, the City will undertake to form the District. The City will retain, at the Owner’s expense, the necessary consultants to an alyze the proposed formation of the District and issuance of bonds, including an engineer, special tax consultant, financial advisor, bond counsel, market absorption consultant, appraiser and other consultants deemed necessary by the City. In addition, City staff time spent in connection with the formation of the District and the issuance of bonds shall be at Owner’s expense.
(b) In order to begin the process of analyzing the potential formation of the District, the Owner shall advance to the City a sum totaling $45,000. From time to time, the Owner shall make additional advances to the City within 15 days following receipt from the City of a request for an additional advance to cover the costs of forming the District and/or issuing bonds. In the event the Owner does not deliver the requested amount to the City within such 15-day period, the City will have no obligation to proceed with the a nalysis or bond issue unless and until such additional advance is received. The Owner shall have the right to notify the City at any time, in writing, of its intention to abandon the formation of the District or the issuance of bonds. Upon receipt of suc h notice, the City shall instruct its consultants to cease work as soon as practicable. The Owner shall be responsible to pay all costs and expenses incurred by the City or any City consultant or advisor prior to the date on
10.6.d
Formation of CFD 2022-1
Packet Pg. 116
2 which the City’s consultants a re notified of the Owner’s notice of abandonment. Notwithstanding a decision of the Owner to abandon the formation of the District or the issuance of bonds, the City may, in its sole discretion, elect to proceed with formation of the District and/or the issuance of bonds with funds other than those of the Owner; provided, however, that, in executing this Agreement, the Owner shall not be deemed to have waived their right to object to the formation of the District or the issuance of bonds.
(c) The City will provide to the Owner on request a summary of how the advances have been spent and the unexpended balance remaining. The amounts advanced by the Owner will be reimbursable to the Owner, without interest, from the proceeds of bonds issued by the District when and if the District is formed. In the event that bonds are not issued to provide a source of reimbursement to the Owner, the City shall have no liability to the Owner to reimburse them for any of amounts previously advanced by the Owner and expended by the City in accordance with this Agreement.
3. Reimbursement Procedure. The City shall return any funds which have been advanced by the Owner which are not expended on the purposes set forth in Section 2 above. Such returned funds shall be without interest.
4. Abandonment of CFD Formation Process. The Owner understands that any formation of the District shall be in the sole discretion of the City. No provision of this Agreement shall be construed as a promise, warranty or agreement by the City to form the Distr ict, to annex the Property to any other district or improvement area of the City or to issue any bonds. The City shall have no liability to Owner for its decision not to form the District or issue bonds by way of this Agreement.
5. Indemnification and Hold Harmless. The Owner hereby assumes the defense of, and indemnifies and saves harmless, jointly and severally, the City and each of its officers, directors, employees and agents, from and against all actions, damages, claims, losses or expenses of every type and description to which they may be subjected or put, by reason of, or arising out of any acts or omissions taken by the Owner or any of the Owner’s officers, employees, contractors and agents with respect to the formation of the District; provided, how ever, that the Owner shall not be required to indemnify, save harmless or defend any of the indemnified parties listed above if the action, damage, claim, loss, or expense is due to the gross negligence or willful misconduct of the indemnified parties.
6. Notices. Any notice to be provided pursuant to this Agreement shall be delivered to the following addresses:
Owner: KB HOME Coastal Inc.
36310 Inland Valley Drive
Wildomar, CA 92595
Attention: Heidi McBroom
Email: [email protected]
10.6.d
Formation of CFD 2022-1
Packet Pg. 117
3 City: City of Chino
13220 Central Avenue
P.O. Box 667
Chino, CA 91710
Attention: Rob Burns, Director of Finance
Telephone: (909) 334-3341
Email: [email protected]
With a copy to: Stradling Yocca Carlson & Rauth
660 Newport Center Drive, Suite 1600
Newport Beach, CA 92660
Attention: Bradley R. Neal, Esq.
Telephone: (949) 725-4164
Email: [email protected]
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.
7. Assignment. The Owner may not assign its interest in this Agreement without the prior written consent of the City.
8. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent permitted by law.
9. Entire Agreement. This Agreement contains the entire agreement between the parties with respect to the matters provided for herein.
10. Amendments. This Agreement may be amended or modified only by written instrument signed by all parties.
11. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original.
12. Governing Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California.
13. No Third Party Beneficiaries. No person or entity shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than the City and the Owner, any rights, remedies, obligations or liabilities under or by reason of this Agreement.
14. Singular and Plural; Gender . As used herein, the singular of any word includes the plural, and terms in the masculine gender shall include the feminine.
10.6.d
Formation of CFD 2022-1
Packet Pg. 118
S-1
4859-7355-2184v2/022141-0046
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first-above written.
CITY OF CHINO, a municipal corporation
By:
Name: Dr. Linda Reich
Its: City Manager
ATTESTED TO:
City Clerk
APPROVED AS TO FORM:
Rob Burns, Director of Finance
City of Chino
APPROVED AS TO CONTENT:
Bradley R. Neal,
Stradling Yocca Carlson & Rauth
KB HOME COASTAL INC., a California
corporation
By:
Name: Scott Hansen
Title: Vice President, Forward Planning
10.6.d
Formation of CFD 2022-1
Packet Pg. 119
A-1
4859-7355-2184v2/022141-0046
EXHIBIT A
BOUNDARIES OF
COMMUNITY FACILITIES DISTRICT NO. 2022-1 (FALLONCREST)
OF THE CITY OF CHINO
The boundaries of the territory which is proposed for inclusion in Community Facilities District No. 2022-1 (Falloncrest) of the City of Chino are depicted in the attached map.
10.6.d
Formation of CFD 2022-1
Packet Pg. 120
www.fmcivil.com
10.6.e
Formation of CFD 2022-1
Packet Pg. 121
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
www.fmcivil.com
10.6.e
Formation of CFD 2022-1
Packet Pg. 122
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
www.fmcivil.com
10.6.e
Formation of CFD 2022-1
Packet Pg. 123
www.fmcivil.com
10.6.e
Formation of CFD 2022-1
Packet Pg. 124
www.fmcivil.com
10.6.e
Formation of CFD 2022-1
Packet Pg. 125
www.fmcivil.com
10.6.e
Formation of CFD 2022-1
Packet Pg. 126
Revenue: Expenditure: 5317345-43650, 5503130-43650, 5507380-43650-G7231
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
FINANCE DEPARTMENT
COUNCIL MEETING DATE: NOVEMBER 1, 2022
TO: LINDA REICH, CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE
SUBJECT: APPROPRIATION OF FUNDS FOR SEWER AND SOLID WASTE RATE STUDIES.
RECOMMENDATION
Appropriate $2,600 .00 from the unappropriated reserves of the Sewer Lift Station Fund and $45,195.00 from the unappropriated reserves of the Sanitation Fund for the approved rate studies.
FISCAL IMPACT
Requires an appropriation of $2,600 .00 from the unappropriated reserves of the Sewer Lift Station Fund 531 and $45,195.00 from the unappropriated reserves of the Sanitation Fund 550.
There are sufficient funds available for these appropriations.
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
10.7 CONSENT CALENDAR
Packet Pg. 127
COUNCIL MEETING DATE: NOVEMBER 1, 2022
SUBJECT: APPROPRIATION OF FUNDS FOR SEWER AND SOLID WASTE RATE STUDIES PAGE 2
BACKGROUND
On October 4, 2022 , the City Council awarded a contract to Raftelis to perform rate studies for the City's utilities accounts.
ISSUES/ANALYSIS
Staff did not include the needed appropriations in the October 4th City Council Report.
For the Sanitation Fund, the FY 2022 -23 Budget includes $11,700 .00 for the projected rate study. Due to the implementation of the new state mandated organics requirements and the City's desire to have the Solid Waste Franchise Fees reviewe d, the request for proposal for the Solid Waste study came in much higher than anticipated at $59,895, creating the need for an additional budget amount of $48,195.00.
The City recently received SB 1383 grant funds to assist with the implementation of th e organic program among other tasks. A small portion of these funds, approximately $3,000 .00, will be utilized to pay for the rate study and have already been appropriated. Therefore, staff is requesting an additional appropriation for the remaining amount of $45,195.00 to complete the study.
RB:hm
10.7 CONSENT CALENDAR
Packet Pg. 128
Revenue: Expenditure: 5507380-48009-SN211
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: NOVEMBER 1, 2022
TO: LINDA REICH, CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: NOTICE OF COMPLETION: SN211 - FY2020-21 ALLEY SANITATION REHAB PHASE I AND III.
RECOMMENDATION
1) Accept the Alley Sanitation Rehabilitation Project Phase 1 and 3 Project No. SN211, contract 2022-061 by Sequel Construction, Inc. Santa Fe Springs, Ca, as complete; 2) release the retention funds following the 35-day lien period; and 3) authorize the Director of Public Works to file the Notice of Completion.
FISCAL IMPACT
The project was completed within the established project budget. The remaining funds will be returned to the proper fund balance.
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
• Responsible Long-Range Planning
10.8 CONSENT CALENDAR
Packet Pg. 129
COUNCIL MEETING DATE: NOVEMBER 1, 2022
SUBJECT: NOTICE OF COMPLETION: SN211 - FY2020-21 ALLEY SANITATION REHAB
PHASE I AND III
PAGE 2
BACKGROUND
On July 6, 2021, City Council awarded a construction contract to Sequel Contractors, Inc., Santa Fe Springs, CA, in the amount of $775,358.40 for SN211 - FY2020-21 Alley Sanitation Rehab Project - Phase I and Phase III. Additionally, the City Council authorized expenditures of up to $77,536.00 for project contingencies bringing the total construction contract to potential amount not-to exceed $852,894.40.
The improvements constructed as a part of this project included the alley between 9th Street and 10th Street, from Chino Avenue to “B” Street ( Phase I), and the alleyway from Park Street to Yorba Avenue north of Riverside (Phase III).
ISSUES/ANALYSIS
All work has been completed per the terms of the construction contract. The following is a summary of the final accounting of costs for construction:
Original Construction Contract Amount $775,358.40
Contract Change Order No. 1 $13,339.24
Contract Change Order No. 2 $10,460.48
Contract Change Order No. 3 $19,338.37
Contract Changer Order No. 4 $6,787.46
Final Construction Contract Amount $825,283.95
Construction Contingency Balance $27,610.45
Sequel Contractors, Inc., Santa Fe Springs, CA, has com plied with the terms of the contract. A Notice of Completion has been prepared for filing with the San Bernardino County Recorder's Office. The retention funds will be released following the 35-day lien period.
Attachment: Notice of Completion - Project No. SN211 Phase 1 & 3
10.8 CONSENT CALENDAR
Packet Pg. 130
RECORDING REQUESTED BY
City of Chino
Public Works 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 (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 09/16/22
8. The name of the contractor, if any, for such work of improvement was:
Sequel Contractors, Inc.
(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:
FY 2020/2021 Alley/Sanitation Rehabilitation Project – Phase 1 & 3
10. The street address of said property is NONE
(If no street address has been officially assigned, insert “none”)
SIGNATURE OF OWNER NAMED IN PARAGRAPH 2: DATE:
Amer Jakher, Director of Public Works
CERTIFICATION FOR NOTICE OF COMPLETION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )ss
CITY OF CHINO )
I
HEREBY CERTIFY that I am the Director of Public Works 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
Amer Jakher
Director of Public Works
10.8.a
Notice of Completion: SN211 - FY2020-21 Alley Sanitation Packet Pg. 131
Revenue: Expenditure: 3207100-48009-ST162
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: NOVEMBER 1, 2022
TO: LINDA REICH, CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: NOTICE OF COMPLETION - LOCALIZED ASPHALT SPOT REPAIRS PROJECT NO. ST162.
RECOMMENDATION
1) Accept the Localized Asphalt Spot Repairs Project No. ST162, Contract No. 2022148, with Dash Construction Company, Inc of Woodland Hills, CA., as complete; 2) release the retention funds following the 35-day lien period; and 3) authorize the Director of Public Works to file the Notice of Completion.
FISCAL IMPACT
The project was completed within the established project budget.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:
The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image
• Responsible Long-Range Planning
10.9 CONSENT CALENDAR
Packet Pg. 132
COUNCIL MEETING DATE: NOVEMBER 1, 2022
SUBJECT: NOTICE OF COMPLETION - LOCALIZED ASPHALT SPOT REPAIRS PROJECT NO. ST162
PAGE 2
BACKGROUND
On September 7th, 2021, the City Council awarded a construction contract to Dash Construction Company, Inc., Woodland Hills, CA., in the amount of $362,640.00 for Project No. ST162 - Localized Asphalt Spot Repairs. Additionally, the C ity Council authorized expenditures of up to $36,264.00 for project contingencies bringing the construction contract budget to an amount - not-to exceed $398,904.00.
All localized asphalt spot repairs have been completed. The following streets received rehabilitation under the program:
1. Pipeline Ave - All travel lanes within the city limits from Philadelphia Street south to Edison Avenue.
2. Chino Ave - All travel lanes within the city limits from east of State Route 71 to east city limits to Euclid Ave.
ISSUES/ANALYSIS
All work has been completed per the terms of the contract. The following is a summary of the final accounting of costs for construction:
Original Construction Contract Amount $362,640
Final Construction Contract Amount $362,640
Construction Contingency-Not Used $36,264
Dash Construction, Inc., Woodland Hills, CA, has complied with the terms of the contract. A Notice of Completion has been prepared for filing with the San Bernardino County Recorder's Office. The retention funds will be released following the 35-day lien period.
Attachment: Notice of Completion - Project No. ST162
10.9 CONSENT CALENDAR
Packet Pg. 133
RECORDING REQUESTED BY
City of Chino
Public Works 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 (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 07/29/22
8. The name of the contractor, if any, for such work of improvement was:
Dash Construction Company, Inc.
(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:
Localized Asphalt Patch and Pothole Repairs at Various Locations
10. The street address of said property is NONE
(If no street address has been officially assigned, insert “none”)
SIGNATURE OF OWNER NAMED IN PARAGRAPH 2: DATE:
Amer Jakher, Director of Public Works
CERTIFICATION FOR NOTICE OF COMPLETION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )ss
CITY OF CHINO )
I
HEREBY CERTIFY that I am the Director of Public Works 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
Amer Jakher
Director of Public Works
10.9.a
Notice of Completion - Localized Asphalt Spot Repairs
Packet Pg. 134
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: NOVEMBER 1, 2022
TO: LINDA REICH, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR
SUBJECT: ADOPT ORDINANCE NO. 2022 -014, SHORT TERM RENTALS (SECOND READING).
RECOMMENDATION
Adopt Ordinance No. 2022 -014 on second reading, adding or amending provisions in Titles 8 and 1 of the Chino Municipal Code to clarify a ban on short term rental housing, proscribing penalties for violations of said ban, and implementing hardship waiver provisions to comply with State law.
FISCAL IMPACT
There is no fiscal impact.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above will further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image
10.10 CONSENT CALENDAR
Packet Pg. 135
COUNCIL MEETING DATE: NOVEMBER 1, 2022
SUBJECT: ADOPT ORDINANCE NO. 2022-014, SHORT TERM RENTALS (SECOND
READING)
PAGE 2
BACKGROUND
This matter was introduced on first r eading by the Council at their October 18, 2022 meeting.
The City has observed an increase in the number of short-term rental housing units in multiple areas of the City and has determined that short term rental housing within the City increases vehicular traffic, creates or exacerbates parking issues, creates noise and other nuisance conditions while also increasing calls for service from City first responders. These short-term rentals, particularly in residential areas not designed to accommodate the i ncreases in traffic, congestion, and crime, impacts and threatens the health, safety, and welfare of the residents who reside in the areas where these short term rental units are located. The City already prohibits short term rental housing in residential zones and desires to extend the current ban against short term rental housing to all areas of the City to further ensure a positive city image and enhance community pride.
Once adopted on second reading, the ordinance will go into effect thirty (30) days thereafter.
ISSUES/ANALYSIS
Ordinance No. 2022-014:
AN O RDINANCE OF THE CITY OF CHINO, CALIFORNIA, ADDING OR AMENDING PROVISIONS IN TITLES 8 AND 1 OF THE CHINO MUNICIPAL CODE TO CLARIFY THE CITY’S PROHIBITION OF SHORT TERM RENTALS, PROSCRIBING PENALTIES FO R
VIOLATIONS OF SAID PROHIBITION, AND IMPLEMENTING FINE HARDSHIP WA IVER PROVISIONS TO COMPLY WITH RECENT STATE LAW.
Attachments: Ordinance No. 2022-014
10.10 CONSENT CALENDAR
Packet Pg. 136
ORDINANCE NO. 2022-014
AN ORDINANCE OF THE CITY OF CHINO, CALIFORNIA,
ADDING OR AMENDING PROVISIONS IN TITLES 8
AND 1 OF THE CHINO MUNICIPAL CODE TO CLARIFY
THE CITY ’S PROHIBITION OF SHORT TERM RENTALS,
PROSCRIBING PENALTIES FOR VIOLATIO NS OF SAID
PROHIBITION, AND IMPL EMENTING FINE HARDSHIP
WAIVER PROVISIONS TO COMPLY WITH RECENT
STATE LAW
WHEREAS, the City of Chino (“City”) is authorized by California Constituti on, Article XI, Section 7 to make and en force within its limits all local, police, sanitary a nd other ordinances and regulations no t in confli ct with general laws and that serve and protect the health, safety, and welfare of the public; and WHEREAS, the City Council has determined that the increases in traffic, parking issues, noise, calls for ser vice to Ci ty first respo nders and general nuisanc e conditions from short term vacation rentals in the City threaten the health, safety and welfare of the public;
WHEREAS, the City Council has already prohibited short term rent als in its residential zoning districts through its Z oning Ordinanc e in Chino Municipal Code section 20.04.030; and
WHEREAS, the Ci ty Council desires to create a broader express prohibition on short term rentals throughout the Ci ty and provide penalties for violations of this prohibition to pro tect the health, safety, and welfare of the publi c and to provide transparency to the public on the City ’s prohibition on short term r entals and the City ’s code enforcement processes for violations of this prohibition; WHEREAS, recent legislative changes to Government C ode section 36900, governing fine amounts for offenses deemed infractions and related hardship waivers for certain of those fines in city ordinances, necessitate revision of the Chino Municipal Code for compliance with State law;
NOW, THEREFORE, the City Council of the City of Chino does ordain as follows:
SECTION 1. The above recitals are true and correct and incorporated herein.
SECTION 2. Chapter 8.95 is hereby added to the Chino Municipal Code to read in its entirety as follows:
Chapter 8.95 – SHORT TERM RENTALS
8.95.010 - Purpose and intent.
10.10.a
Adoption of Ordinance No. 2022-014 (Ordinance
Packet Pg. 137
ORDINANCE NO. 2022-014
2 The City Council hereby finds:
A. The City has seen the number of short term rental units used by visitors as temporary and transient housing increase in recent years.
B. The term of occupancy by most visitors to these sh ort term rental s is less than 30 days.
C. Many of these sh ort term housing units are located in established residential areas where such use of property was never contemplated nor intended.
D. Because many of these sho rt ter m rental units are located in re sidential areas, these resid ential areas see dramatic rise s in parking and traffic congestion, noise complaints, increase in calls f or service to first responders, increases in trash and debris, and general nuisance conditions.
E. These public nuisance con ditions impact and threaten the health, safety and welfare of the residents where these short term housing units are locate d by creating conditions for congestion, crime, loud noises and disturbances of the peace, and reduced property values, among other things.
F. These sh ort term re ntal units and their growth in numbers in residential communities not designed for the inc rease in conge stion and population result in a deterioration of the quality of life in those communities.
G. Residential areas within the City should be readily accessible to residents and the public at large without hindrance or obstruction caused by increases i n traffic and congestion caused by short term rental housing units.
H. The peace and tranqui lity o f residential ar eas of the City should be maintained, and residents should not have to suffer the consequences of loud visitors and the attendant nu isance conditions they bring. Residential areas of the City should be for residents.
I. This ordina nce is necessary to create an express prohibition against short term rentals throughout the City to protect the health, safety, and welfare of the public and to provide transparency to the public on the City ’s prohibition on short term r entals and the City ’s code enforcement processes for violations of this prohibition.
8.95.020 - Definitions.
The following definitions apply to this chapter:
A. “Advertise” means to pu blish, make public, make k nown, post, a nnounce, broadcast, promote, or market including on any hosting platform.
B. “Host” means to provide for or offer the use of any residential dwelling, or any portion of a residential dwelling , for any use by a third party, including but not limited to, on a hosting platform.
10.10.a
Adoption of Ordinance No. 2022-014 (Ordinance
Packet Pg. 138
ORDINANCE NO. 2022-014