Pastor Chris May Calvary Chapel Chino Hills
Transcription
Pastor Chris May Calvary Chapel Chino Hills
Those persons wishing to speak on any item included on the agenda should fill out and submit to the City Clerk a Request which is address optional form name and to Speak available at the entrance to the The City of Chino City Council complies with the Chambers Americans with If you require a reasonable accommodation to participate in this meeting please contact the City Clerk s Office 909 590 5562 at least 48 hours prior to the advertised Disabilities Act starting time of the meeting CHINO CITY COUNCIUREDEVELOPMENT AGENCY CITY HALL COUNCIL CHAMBERS REGULAR MEETING TUESDAY DECEMBER 5 2006 OPEN SESSION 7 30 P M AGENDA ROLL CALL Council Members CLOSED SESSION Yates Duncan Elrod Haughey Ulloa None FLAG SALUTE Pastor Chris INVOCATION May Calvary Chapel Chino Hills PRESENTATION BY THE CHINO COMMUNITY CHORUS Recess SWEARING IN CEREMONY Clerk Lenna Tanner will administer the Oath of Office to Members Eunice M Ulloa and Earl C Elrod City CEREMONIALS Mayor s Home Beautification Award December 2006 appointed Council CHINO CITY COUNCIL REDEVELOPMENT AGENCY DECEMBER 5 2006 2 ELECTION OF OFFICERS Conduct elections for Election of Officers 1 a b c d e f g Mayor Pro Tern Chairperson of the Redevelopment Agency Vice Chairperson of the Redevelopment Agency Chairperson of the Industrial Development Authority Vice Chairperson of the Industrial Development Authority Chairperson of the Public Financing Authority Vice Chairperson of the Public Financing Authority CONSENT CALENDAR members of the public may present testimony as to why an item a should be removed from the Consent Calendar for separate discussion Unless removed from the item be member of the public or City Council requests that an Consent Calendar all items will be acted upon as a whole and by one vote Items removed from the Consent Calendar will be acted upon separately following the At this time Public Hearing procedures 2 Minutes 3 Warrants through 4 November 21 2006 Regular meeting Elrod absent 852763 expenses as audited and within budget for warrants and handwritten warrants 900397 through 900399 Approve 853101 Receive and file the City City Officials Travel Trainino and Meetino Report Officials Travel Training and Meeting Report reflecting City Council business related expenses incurred by the City order to 5 City Work Truck Award a bid and authorize Award of Bid Chevrolet Lake Elsinore CA for a City work truck Lake 6 Declaration of Intention to Establish Community Facilities District No 2005 1 and Incur Bonded Indebtedness for the District Adopt a resolution declaring the 1 and incur City s intention to establish Community Facilities District No 2005 Nos 106 and 2006 107 2006 bonded indebtedness for said district Resolution a purchase Approve a Diqital Closed Circuit TV System Upqrade purchase order to HCI Inc Riverside CA for surveillance camera system enhancement for the west parking lot of City Hall 7 Purchase 8 Riqht of Wav Munoz Order Dedication Accept the right 4552 Riverside of way dedication for Drive public SCUP 2006 19 Rolando street and utility purposes at 4552 Riverside Drive 9 Approve Final Parcel Map Final Parcel Map No 16784 Chalmers Central LLC No 16784 comprised of two parcels located at the southwest corner of Redwood Avenue and Daniels Street CHINO CITY COUNCIL REDEVELOPMENT AGENCY DECEMBER 5 2006 10 11 LP Approve Final Tract Map No 17147 Hearthstone Multi Asset Entity B Final Tract Map No 17147 comprised of 52 parcels located south of Kimball Avenue and west of West Preserve Loop in The Preserve Specific Plan area City Park Trash Receptacles and Park Benches Authorize a Tustin CA for the purchase of order to Dave Bang Associates Inc T to L trash receptacles and PlayPower Farmington Huntington Beach Purchase Order purchase City park CA for park 12 bench Purchase Order SecuraCom GPS installed in the 13 City replacement purchase order for a global positioning tracking device to Department vehicles GPS Trackinq System Edgewater s FL Public Works Authorize a to be Chino Community Buildinq Exterior Stair Replacement Award of Contract Award a contract to Lambard Enterprises Chino CA for the removal of existing stairs and installation of steel staircase at the Chino Community Building 14 Center for Civic Partnerships Grant Application submittal of an application in support of Communities Resolution No 2006 116 15 Professional Services Aqreement services agreement with Candida planning 16 3 resolution approving the California Healthy Cities and Adopt Planninq Services Neal Pomona a Approve a professional CA for environmental and services Facility Reservation and Class Reqistration System Approve Purchase Order TX for the purchase a purchase order to Affiliated Computer Services Dallas and implementation of the facility reservation and class registration system M S RC PUBLIC HEARINGS the Prior to the vote of the City Council any member of the audience will have opportunity to address Council on any items listed under Public Hearings Council requests but it is not required that you state your name and address prior to making any remarks 17 City of Chino User Fees Adopt a resolution provided services Resolution No 2006 108 Continue the Public Hearing establishing to December 19 2006 User Fees for City CHINO CITY COUNCIUREDEVELOPMENT AGENCY DECEMBER 5 2006 18 4 Zone Ordinance Introduction of Ordinance Nos 2006 19 2006 20 and 2006 21 Amendment No 2006 01 Maiestic Spectrum Specific Plan Amendment No 16 that and Amendment to Title 5 of the Chino Municipal Code Adopt ordinances the Title 5 of Plan and amend the Zoning Ordinance Majestic Spectrum Specific and establishments in the Code to allow massage general Chino Municipal regional commercial Conditional land designations subject to to modify the business use Use Permit and Ordinance Nos 2006 19 2006 20 and 2006 21 Resolution No businesses 2006 109 Staff Chuck Coe Director of therapist massage Report by Open and Close the Public approval of a Special license requirements for the Community Development Hearing Conduct a public hearing 2 adopt Resolution No 2006 109 adopting Negative Declaration 3 approve the introduction of Ordinance 2006 19 amending Title 20 of the Municipal Code to add massage establishments as a conditionally permitted use in the General Commercial CG 2006 20 amending the 4 zone approve the introduction of Ordinance No as a Majestic Spectrum Specific Plan to add massage establishments conditionally permitted use in the Regional Commercial RC and Regional Mall 5 continue the public hearing on the introduction of RM land use RECOMMENDATION 1 a designations Ordinance No 2006 21 amending Title 5 of the Municipal Code modifying business license requirements for Massage therapists businesses to the December 19 City Council meeting and 6 request all ordinances to be read by number and title only and waive further reading of said ordinances ORDINANCE NO 2006 19 CHINO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MUNICIPAL CODE TO 20 OF THE CALIFORNIA AMENDING TITLE AS A CONDITIONALLY ESTABLISHMENTS ADD MASSAGE PERMITTED USE IN THE GENERAL ZONING ORDINANCE AMENDMENT NO COMMERCIAL CG ZONE 2006 01 ORDINANCE NO 2006 20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO AMENDING THE MAJESTIC SPECTRUM SPECIFIC CALIFORNIA PLAN TO ADD MASSAGE ESTABLISHMENTS AS A CONDITIONALLY PERMITTED USE IN THE REGIONAL COMMERCIAL LAND USE DESIGNATIONS SPECTRUM SPECIFIC PLAN AMENDMENT NO 16 REGIONAL MALL RM RC AND MAJESTIC CHINO CITY COUNCIL REDEVELOPMENT AGENCY DECEMBER 5 2006 5 ORDINANCE NO 2006 21 OF CHINO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VARIOUS PROVISIONS AND ADDING AMENDING CALIFORNIA CHAPTER 5 24 OF THE MUNICIPAL CODE 19 RC S M Contract Cancellation No 29 Certification of Final Cancellation for Land Conservation Act Contract No 69 131 and removal of three parcels totaling 29 69 acres from the Chino Agricultural Preserve located south of Pine Avenue Resolution and west of Hellman Avenue in The Preserve Specific Plan area Agricultural No 2006 110 Staff Report by Brent Arnold and Close the Public Open City Planner Hearing and adopt Resolution No 2006 110 approving Certification of Final Cancellation of Land Conservation Act 69 131 and removing the 29 69 acre site from the Chino Contract No Agricultural Preserve Conduct RECOMMENDATION S M a public hearing RC JOINT CITY COUNCIUREDEVELOPMENT AGENCY PUBLIC HEARING 20 13150 Seventh St Approve a purchase and sale Agency and Renee J Monje to acquire real property for agreement the future expansion of public facilities and appropriate funds for the purchase of No 2006 06 and RDA Resolution Resolution No 2006 111 Acquisition of Real Property between the property Staff Report by Open Armando Compean Redevelopment Manager and Close the Public Hearing Conduct the public hearing 2 adopt Resolution Nos 2006 111 and RDA 2006 06 approving the expenditure of redevelopment funds for real property acquisition for expansion of public facilities located in the City of Chino and benefiting the Merged Chino Redevelopment Project Area 3 approve a Purchase and Sale Agreement between the Redevelopment Agency and an unmarried woman to acquire the real property located at Renee J RECOMMENDATION Monje 1 727 000 from Street in the City of Chino 4 appropriate to open the Executive Director 5 authorize unappropriated bond reserves and the to on behalf of process escrow and execute all necessary documents Agency 13150 Seventh the transaction M S RC CHINO CITY COUNCIUREDEVELOPMENT AGENCY DECEMBER 5 2006 6 PUBLIC COMMUNICATIONS about This is the time and place for the general public to address the City Council Council policy and subjects that do not appear elsewhere on the agenda Due to not be on issues not on the will taken any Brown Act requirements action 2 04 090 limits Code Section Ordinance No 97 08 Chino Municipal Agenda or the in to address Council which to no more than five 5 minutes speakers Redevelopment Agency UNFINISHED BUSINESS 21 Preserve K 8 School Multi Purpose Building Approve a Joint Use Aqreement School District for the joint Unified Joint Use Agreement with the Chino Valley in The Preserve use of the Multi Purpose Building at the K 8 School Staff Report by Pat McArdle RECOMMENDATION Special Projects Approve a Joint Use Administrator Agreement with the Chino Valley Unified School District for the use of the Multi Purpose Building at the Preserve to execute all necessary documents K 8 School and authorize the City Manager M RC S JOINT CITY COUNCIUREDEVELOPMENT AGENCY NEW BUSINESS 22 Award a Ayala Park Expansion Phase A Development construction of Rosemead CA for the contract to Los Angeles Engineering Inc A the Ayala Park Expansion Phase Development Award of Contract Staff Report by Mike Kolling Parks Capital Projects Manager Award a contract to Los Angeles Engineering Inc 723 for the construction of the Ayala 489 12 Rosemead CA in the amount of 555 046 from the Park Expansion Phase A Development 2 appropriate Fund 3 appropriate unappropriated reserves of the Redevelopment Agency 465 600 from the unappropriated reserves of the Park Development Fund and RECOMMENDATION 4 authorize the M 23 1 to execute all necessary documents City Manager S RC Consideration of an Owner Habitat for Humanity Affordable Housinq Proiects for Humanity providing for the development Participation Agreement with Habitat of two affordable Staff Report by single family Chris Corbin homes Housing Program Manager CHINO CITY COUNCIL REDEVELOPMENT AGENCY DECEMBER 5 2006 7 Approve the Owner Participation Agreement with Pomona Valley Habitat for Humanity setting forth the terms and conditions governing the development of two affordable single family homes on the parcels and 2 authorize the City and 13079 10th Street located at 13071 all on behalf of the City of Director to execute documents Manager Executive Chino Redevelopment Agency 1 RECOMMENDATION M RC S 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 ofinterest Upon request by an individual Council Member the City Council may choose to take action on any of the subject matters listed below Mayor Yates Council Committee Assignments Mayor Pro Tem Duncan Council Member Elrod Council Member Hauqhey Council Member Ulloa City Attorney s Report City Manaqer s Report RECESS CITY COUNCIL TO THE REDEVELOPMENT AGENCY AGENDA 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 Redevelopment Agency requests that an item be removed from the Consent Calendar all items will be acted upon as a whole and by one vote Items removed from the Consent Calendar will be acted upon following the Public Hearing procedures separately CHINO CITY COUNCIL REDEVELOPMENT AGENCY DECEMBER 5 2006 1 Minutes November 21 S M 2006 Regular meeting 8 Elrod absent RC JOINT CITY COUNCIUREDEVELOPMENT AGENCY PUBLIC HEARING under City Council agenda 2 to be heard 13150 Seventh St Approve a purchase and sale agreement between the Agency and Renee J Monje to acquire real property for future expansion of public facilities and appropriate funds for the purchase of the Resolution No 2006 111 and RDA Resolution No 2006 06 Acquisition of Real Property property Public Communications place for the general public to address the Redevelopment Due to Agency policy Agency about subjects that do not appear on the Agenda and Brown Act requirements action will not be taken on any issues not on the Ordinance No 97 08 Chino Municipal Code Section 2 04 090 limits Agenda Council or the speakers to no more than five 5 minutes in which to address Redevelopment Agency This is the time and JOINT CITY COUNCIUREDEVELOPMENT AGENCY NEW BUSINESS under City Council agenda 3 4 to be heard Ayala Park Expansion Phase A Development Award a Award of Contract to Los contract Angeles Engineering Inc Rosemead CA for the construction of the Ayala Park Expansion Phase A Development Habitat for Humanity Affordable Housinq Proiects Participation Agreement with Habitat for Humanity of two affordable single family Consideration of providing for the an Owner development homes Adiourn RECONVENE THE CITY COUNCIL AND ADJOURN The next 2006 at 7 30 p Chambers I Lenna J m Tanner has been December 1 2006 agenda Lenna J of the City Council will be held on Tuesday December 19 Closed Session at 6 30 p m if necessary in these Council Regular Meeting Tanner City Clerk posted by City Clerk of the City 5 30 p m of Chino do in the south hereby certify that a copy of this window of City Hall on Friday 1lI f n ifqrnia OJ 9v1ayor s Jome CJ3eautification j1 t7 i e l Ii e i Jf l S Irfftf Ufiill t I if d lCf i 12 3 4f 5 or if V c f r Y u l 16 f w C Sit t J l4 h1 r fr l iJ I rrhan you for the continued improvement and maintenance ofyour home resu in a su6stantia contri6ution to the overa appearance of the community Presented 6y tfie 9dayor anti City Council of tlie City of C6ino ecem6er 5 2006 ate L ting ELECTION OF OFFICERS 1 Election of Officers a b c d e f g Conduct elections for Mayor Pro Tem Chairperson of the Redevelopment Agency Vice Chairperson of the Redevelopment Agency Chairperson of the Industrial Development Authority Vice Chairperson of the Industrial Development Authority Chairperson of the Public Financing Authority Vice Chairperson of the Public Financing Authority 2 CHINO CITY COUNCIL FINANCING AUTHORITY CITY HALL COUNCIL CHAMBERS REGULAR MEETING TUESDAY NOVEMBER 21 2006 7 30 P M OPEN SESSION MINUTES ROLL CALL Ulloa None CLOSED SESSION Police Chief Hernandez led the audience in the FLAG SALUTE Pastor Bill INVOCATION Haughey Yates Duncan Absent Elrod Council Members Fillpot flag salute Mosaic Inland Church gave the invocation CEREMONIALS Norm Cerswell Habitat for Humanity Board Director recognized Glen Rojas City house built at the LA County Manager for his participation in the Habitat for Humanity in at the end of the Fair location Chino Fair which was relocated to a permanent Mayor Yates by Council Member community and animals dedication to the Durand Rail OMNITRANS CEO Mayor Ulloa assisted presented a Yates asked students from Pomona Catholic recognized transit video High Robert Hill DVM for his presentation School to introduce themselves CONSENT CALENDAR all Members Regular meeting present 1 Minutes November 7 2006 2 Warrants expenses as audited and within budget for warrants 852762 and handwritten warrants 900388 through 900396 through 3 by the City Entertainment Permit Renewal Entertainment Permit Renewal request Live Avenue 5 852345 Receive and file the City Officials City Officials Travel Traininq and Meetino Report business related expenses Council Travel Training and Meeting Report reflecting City incurred 4 Approve Buqambilias Niqhtclub Bugambilias Nightclub for Approve 12526 a Live Central Chino Tours Senior Center Trips RI for Vacations Pawtucket Branson Tour a 6 day Approve Branson Musical 2007 The official copy of this document is on file in the City Clerk s Office a purchase Getaway order to Collette April 23 28 tour from CHINO CITY COUNCIUFINANCING AUTHORITY NOVEMBER 21 2006 6 7 Water Systems Operator 2006 2007 in place of the 2 Approve one Water Systems Operator position for Fiscal Year previously approved Water Distribution Operator position Cooperative Aqreement Left Turn Phasinq Approve a Cooperative Agreement with the City the signal at Riverside Drive and Euclid Avenue 8 Professional Services Aqreement amendment to the agreement with services Traffic Riverside Drive at Euclid Avenue of Ontario for the left turn phasing for Enqineerino Services Approve an Crabill Tustin CA for traffic engineering Hartzog 9 Final Parcel Map No 17476 CT StoraQe Chino LLC Approve Final Parcel Map No 17476 comprised of four industrial parcels located south of Anderson Street between Central and Redwood Avenues Resolution No 2006 103 10 Adoption of Ordinance Nos 2006 11 and 2006 18 Rancho Del Chino Development Aqreements Adopt Ordinance Nos 2006 11 and 2006 18 approving Development Agreements for the construction of a retail shopping center on the east side of Ramona Avenue between Eucalyptus Avenue and Chino Hills Ordinance Nos 2006 Parkway 11 and 2006 18 ORDINANCE NO 2006 11 AN ORDINANCE OF THE CALIFORNIA APPROVING PROPERTY WITH CITY COUNCIL A OF THE DEVELOPMENT PANATTONI CITY OF AGREEMENT INVESTMENTS LLC CHINO NORTH PHELAN INVESTMENTS LLC JJ CHINO LAND LLC AND JW CHINO LAND LLC PURSUANT TO GOVERNMENT CODE SECTION 65867 5 AND ADDING SECTION 20 03 060 K 8 TO THE DEVELOPMENT AGREEMENT MUNICIPAL CODE TO CODIFY THE ORDINANCE NO 2006 18 AN ORDINANCE CALIFORNIA PROPERTY OF THE APPROVING WITH CITY COUNCIL A OF DEVELOPMENT THE CITY OF AGREEMENT CHINO SOUTH CHINO SOUTH RETAIL PG LLC PANATTONI N HOLDINGS CA LLC SHELBY PROPERTIES CA LLC PHELAN PROPERTIES LLC VAN VALKENBURGH INVESTMENTS PROPERTIES CA LLC 0 LLC AND JAMES F JORDAN AND SUSAN RUTH JORDAN CO TRUSTEES OF THE JORDAN REVOCABLE TRUST DATED APRIL 5 2004 PURSUANT TO GOVERNMENT CODE SECTION 65867 5 AND ADDING SECTION 20 03 060 K 9 TO THE MUNICIPAL CODE TO CODIFY THE DEVELOPMENT AGREEMENT 11 Adoption of Ordinance No 2006 17 Amendinq the Redevelopment Plan Pursuant to SB 211 Adopt Ordinance No 2006 17 an amendment to the approving Plan Ordinance No 2006 17 The official copy of this document is on file in the City Clerk s Office Redevelopment CHINO CITY COUNCIL FINANCING AUTHORITY NOVEMBER 21 2006 3 ORDINANCE NO 2006 17 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO MERGED CALIFORNIA AMENDING THE REDEVELOPMENT PLAN FOR THE TO SENATE BILL CHINO REDEVELOPMENT PROJECT AREA PURSUANT 33333 6 e 2 CODE SECTION 211 AS CODIFIED IN HEALTH AND SAFETY AN TO ELIMINATE THE TIME LIMIT ON INCURRING INDEBTEDNESS Moved carried seconded by Mayor Pro Tem Duncan and as vote to approve Consent Calendar Items 1 through 11 Council Member by on a 4 0 1 Haughey presented AYES YATES DUNCAN HAUGHEY ULLOA NOES NONE ELROD ABSENT PUBLIC HEARINGS None PUBLIC COMMUNICATIONS turn Donna Gable County resident addressed Council regarding left turn arrows and left Avenue at Avenue and Chino Pipeline pockets at Riverside Drive and Pipeline Avenue and Mr Glover addressed Mrs Gable s issues It was noted that some of the issues are projects for which the County is the lead Chino Avenue George Rogers County resident addressed Council regarding truck traffic on went before the Traffic this issue just signage and enforcement Mr Glover stated that was that westbound noted the Advisory Board and he reported on the proposed resolution It traffic is in the County area Mr Rogers requested one additional sign There were no other requests UNFINISHED BUSINESS to speak None NEW BUSINESS 12 Award of Contract Sports Field Turf and Infield Renovation Proiect Award a contract to Athletic Turfs Inc Wildomar CA to renovate turf and infields for the Sports Field Turf and Infield Renovation Tina Sray Discussion project Director of Community Services gave the staff was held regarding report artificial turf seconded by Council Member Haughey and a contract carried on a 4 0 1 vote to approve staff s recommendation to 1 Award to Athletic Turfs Inc Wildomar CA in the amount of 323 410 for the Sports 2 appropriate 80 000 from the Field Turf and Infield Renovation project Moved by Mayor Pro Tem Duncan The official copy of this document is on file in the City Clerk s Office CHINO CITY COUNCIL FINANCING AUTHORITY NOVEMBER 21 2006 4 unappropriated reserves of the Park Development Manager to execute all necessary documents AYES NOES YATES DUNCAN HAUGHEY ULLOA NONE ABSENT ELROD Fund and 3 authorize the City JOINT CITY COUNCIL PUBLIC FINANCING AUTHORITY NEW BUSINESS The Public 13 Financing Authority was called to order at 8 19 p m by Chairman Duncan Refinancinq of Community Facilities Districts 99 1 and 2000 1 Bonds and the Issuance of Chino Financinq Authority 2006 Refundinq Bonds Refinancing of the Facilities Districts 99 1 and 2000 1 bonds and Resolution Nos 2006 104 2006 105 FA 2006 01 issuance of the Community refunding bonds David Cain Director of Finance gave the staff report City Council Moved by Mayor Pro Tem Duncan seconded by Council Member Haughey and carried on a 4 0 1 vote to approve staff s recommendation to 1 Adopt Resolution No 2006 104 authorizing issuance of 2006 special tax refunding bonds for CFD 99 1 2 Adopt Resolution 2006 105 authorizing issuance of 2006 special tax refunding bonds for CFD 2000 1 AYES NOES YATES DUNCAN HAUGHEY ULLOA NONE ABSENT ELROD Financinq Authority Moved by Member Yates seconded by Member Haughey and carried on a 4 0 1 vote to approve staff s recommendation to adopt Resolution No FA 2006 01 approving Indenture of Trust Preliminary and Final Official Statements and Bond Purchase Agreement and authorizing execution thereof the by Manager AYES NOES YATES DUNCAN HAUGHEY ULLOA NONE ABSENT ELROD The Public Financing Authority adjourned at 8 22 p City m MAYOR AND COUNCIL REPORTS Mayor Yates Mayor Yates reported on events Yates wished everyone Member Elrod Mayor The official copy of this document is meetings a on happy he had attended since the last Council and file in the City safe Clerk Thanksgiving s Office from both meeting he and Council CHINO CITY COUNCIL FINANCING AUTHORITY NOVEMBER 21 2006 5 Mayor Pro Tern Duncan Mayor Pro Tern Duncan wished everyone Council Member Elrod a Happy Thanksgiving absent Council Member Hauqhey Council Member Haughey reported on events meetings he had attended since the last Council meeting Council Member Haughey wished everyone a Happy Thanksgiving Council Member Ulloa Council Member Ulloa congratulated Dr Hill on his accomplishments that were recognized She reported on Pastor Dave King s heart bypass surgery and wished earlier this evening a everyone Happy Thanksgiving City Attorney s Report City Manaoer s Report No No report report RECESS CITY COUNCIL TO THE REDEVELOPMENT AGENCY AGENDA The City Council recessed to the Redevelopment Agency at 8 27 p m RECONVENE THE CITY COUNCIL AND ADJOURN Council reconvened at 8 29 p m and immediately adjourned in memory of Chino long The next Regular Meeting of the City Council will be held on time resident Anne Harris at 6 30 p m if necessary in these Tuesday December 5 2006 at 7 30 p m Closed Session The City Council Chambers APPROVED AND ADOPTED THIS 5th DAY OF DECEMBER 2006 DENNIS R YATES MAYOR ATTEST LENNA J TANNER CITY CLERK Ijt 06Min11 21 These minutes are not official until The official copy of this document is on file in the City Clerk s signed Office 3 MEMORANDUM FINANCE DEPARTMENT CITY OF CHINO COUNCIL MEETING DATE TO GLEN ROJAS CITY MANAGER FROM DAVID D CAIN DIRECTOR OF FINANCE SUBJECT WARRANTS DECEMBER 5 2006 RECOMMENDATION audited and within budget for warrants and handwritten warrants 900397 through 900399 Approve expenses as 852763 through 853101 FISCAL IMPACT None City Sufficient funds have been budgeted for this item Approved Clerk DY GO EE TH EU NOES DY GO EE TH EU ABSENT DY GO EE TH EU ABSTAIN DY GO EE TH EU AYES Denied Continued Tabled COUNCIL MEETING DATE SUBJECT VVARRANTS DECEMBER 5 2006 PAGE 2 BACKGROUND Having been approved as prescribed by Government Code Section 37202 and following demand registers are herewith submitted for Council ratification the NO WARRANTS 1 852763 TO 852953 852954 TO 853101 900397 2 3 4 5 DATE FY 11 02 06 11 09 06 11 01 06 06 07 06 07 06 07 900398 11 01 06 06 07 900399 11 03 06 06 07 TOTAL Handwritten Warrant ISSUES ANALYSIS None DC RB dm 37208 AMOUNT 504 45 369 481 980 33 400 449 00 1 595 00 2 000 00 1 439 344 781 L MEMORANDUM CITY OF CHINO ADMINISTRATION DEPARTMENT COUNCIL MEETING DATE DECEMBER 5 2006 TO GLEN ROJAS CITY MANAGER FROM LENNA J SUBJECT CITY OFFICIALS TRAVEL TRAINING AND MEETING REPORT TANNER CITY CLER RECOMMENDATION Receive and file the attached City Officials Travel Training and Meeting Report FISCAL IMPACT None City Approved Clerk AYES DY GO EE TH EU TH EU NOES DY GO EE ABSENT DY GO EE TH EU ABSTAIN DY GO EE TH EU Denied Continued Tabled COUNCIL MEETING DATE DECEMBER 5 2006 SUBJECT CITY OFFICIALS TRAVEL TRAINING AND MEETING REPORT PAGE 2 BACKGROUND In accordance with Government Code Sections 43232 2 and 43232 3 implementing Assembly Bill 1234 AB 1234 effective January 1 2006 the City adopted Resolution No 2005 093 relating to the City s Business Related Expense Policy In addition to requiring local agencies to adopt a business related expense policy AB 1234 requires that City 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 I ANALYSIS In response to AB 1234 a City Officials Travel Training and Meeting Report Exhibit A has been created and will be placed on the City Council Agenda Consent Calendar as needed Exhibit A provides the required brief report on meetings that the Mayor and City Council Members have attended since the last scheduled Council regularly City Meeting held on Tuesday November 21 2006 Ijt Attachment Exhibit A CITY OFFICIALS TRAVEL TRAINING AND MEETING REPORT Event Date Meeting Purpose and Subject 11 30 06 League of CA Cities Inland Matter Empire City Official Attendees Mayor Pro Tern Duncan Division Dinner EXHIBIT A J MEMORANDUM FINANCE DEPARTMENT CITY OF CHINO COUNCIL MEETING DATE TO GLEN ROJAS CITY MANAGER FROM DAVID D CAIN DIRECTOR OF FINANCE SUBJECT AWARD OF BID DECEMBER 5 2006 CITY WORK TRUCK RECOMMENDATION Elsinore CA for Award a bid and authorize a purchase order to Lake Chevrolet Lake the City the purchase of one City work truck for a total of 74 220 36 and authorize of the on behalf City Manager to execute all necessary documents FISCAL IMPACT None Sufficient funds have been City appropriated in the fiscal year 2006 07 Approved Clerk AYES DY GO EE TH EU NOES DY GO EE TH EU GO EE TH EU GO EE TH EU ABSENT ABSTAIN DY DY Denied budget Continued Tabled COUNCIL MEETING DATE DECEMBER 5 2006 SUBJECT AWARD OF BID CITY WORK TRUCK PAGE 2 BACKGROUND In the fiscal year 2006 07 budget the City Council approved the purchase of twelve City work trucks City Council approved the purchase of ten City work trucks on September 19 2006 The two remaining work trucks are and bid specialized required separate packages This request is for the purchase of a Switch N Go work truck and is a replacement for an existing City work truck The Public Works Service Manager recommended the replacement as part of the City s ongoing vehicle replacement program Finance staff with the assistance of Public Works staff compiled a list of truck A bid notice was published on the City s prepared a bid package packages were issued to ten suppliers on October 12 2006 A bid opening was conducted on October 27 2006 with no suppliers responding to the City s invitation to bid A second bid package was released on November 2 2006 A bid notice was published on the City s Web Site and ten bid packages issued to local specifications and Web Site and bid suppliers submitting A bid a opening was conducted responsive bid package on Noyember 14 2006 with one supplier ISSUES ANAL YSIS Public Works and Finance staff reviewed the bid package and recommend City Council award a bid and authorize a purchase order to Lake Chevrolet Lake Elsinore CA for the purchase of one City work truck for a total of 74 220 36 and authorize the Manager to execute all necessary documents DDC MP8 dm City on behalf of the City r MEMORANDUM FINANCE DEPARTMENT CITY OF CHINO COUNCIL MEETING DATE DECEMBER 5 2006 TO GLEN ROJAS CITY MANAGER FROM DAVID D CAIN DIRECTOR OF FINANCE SUBJECT DECLARATION OF INTENTION TO ESTABLISH COMMUNITY t a FACILITIES DISTRICT NO 2005 1 AND INCUR BONDED INDEBTEDNESS FOR THE DISTRICT RECOMMENDATION 2 adopt Resolution No 2006 1 Approve by minute action the Acquisition Agreement Facilities District No 106 declaring the City of Chino s Intention to Establish Community No 2006 3 Resolution Taxes and adopt 2005 1 and to authorize the Levy of Special Indebtedness for the Incur Bonded 107 declaring the City of Chino s Intention to Community Facilities District No 2005 1 proposed FISCAL IMPACT None to the City City of Chino Approved Clerk AYES DY GO EE TH EU NOES DY GO EE TH EU ABSENT DY GD EE TH EU ABSTAIN DY GO EE TH EU Denied Continued Tabled COUNCIL MEETING DATE DECEMBER 5 2006 SUBJECT DECLARATION OF INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO 2005 1 AND INCUR BONDED INDEBTEDNESS FOR THE DISTRICT PAGE 2 BACKGROUND SCC College Park LLC Developer owns approximately 470 acres of land in Chino The land is located south of Edison Avenue and north of Eucalyptus Avenue bounded by Euclid Avenue on the east and Ayala Park and Chaffey College to the west The Developer is developing 288 acres with approximately 2 200 units out of which 1 870 going to be included in the proposed CFD Single family residential units are ranging in size from 1 800 square feet to 4 600 square feet and multi family units are ranging are from 1 000 square feet to 2 400 included in the proposed CFD square feet The remainder of 330 apartment units is not from the City of Chino and the Developer have discussed all the details related to the formation of a Community Facilities District with respect to property that is owned and will be developed by the Developer The formation of a Community Facilities District will help finance the required public infrastructure and related Representatives improvements development impact City fees DIF ISSUES ANALYSIS The Acquisition Agreement defines the public facilities that are eligible for acquisition by City from the Developer including a specific description estimated construction costs process for acquisition and reimbursement of costs of the facilities that are constructed by the Developer The Acquisition Agreement also defines the eligible DIFs that are due to be paid by the Developer to the City This agreement requires the approval by minute action of the City Council prior to authorizing the formation of the district A copy of the Acquisition Agreement is available for review in the Finance Department the Current Government Code provisions require the City to adopt a Resolution of Intention to establish the District and to declare its intention to incur bonded indebtedness for the proposed District The City must also set a public hearing date for no less than 30 days 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 for the affected property owners to cast their ballots The ballots are then counted and if the District is approved by the property and no more owner s On the January 1 2 3 The City adopts 16 2007 resolution public hearing determining the formation of the District will be scheduled on the following Consideration and final whether determination the public interest convenience and necessity require the issuance of bonds for the CFD Establishment of the CFD and the levy of a special tax Approval of the proposed bonds for the District of the of the CFD at levy a a proposed special tax shall be subject to approval of the qualified electors a special election The proposed voting procedure shall be by hand COUNCIL MEETING DATE DECEMBER 5 2006 COMMUNITY SUBJECT DECLARATION OF INTENTION TO ESTABLISH FOR THE BONDED INDEBTEDNESS 1 INCUR AND FACILITIES DISTRICT NO 2005 DISTRICT PAGE 3 delivered ballots to the landowners in the proposed CFD Currently the sole owner of the properties that will be included in the CFD Developer is the CFD will consist of two improvement areas Pursuant to Section 53314 9 to authorize of the Mello Roos Community Facilities Act of 1982 the City proposes of certain and or construction public bonded indebtedness for financing the acquisition to exceed the aggregate principal improvements and City development impact fees not 1 and 2 At this time it is estimated Areas both 000 000 for amount of 69 Improvement Area 1 of that there will be approximately 31 000 000 in bonds sold for Improvement and which 26 000 000 will be placed in the Improvement Fund for facilities from secured are and by The special CFD bonds reimbursement of DIFs payable District The City of taxes which are levied upon each individual property within the Chino is not obligated to pay debt service on the bonds The proposed DDC nr dm Attachments Resolution No 2006 106 Resolution No 2006 107 Exhibits A B RESOLUTION NO 2006 106 CITY OF RESOLUTION OF THE CITY COUNCIL OF THE TO INTENTION DECLARING ITS CHINO CALIFORNIA NO 2005 1 ESTABLISH COMMUNITY FACILITIES DISTRICT A OF OF THE CITY OF CHINO AND TO AUTHORIZE THE LEVY SPECIAL TAXES THEREIN of Chino the City and SCC College Park LLC with district the CFD have discussed the formation of a community facilities Developer has and the Developer the Property respect to certain property owned by Developer that such CFD be divided CFD and formation of the to such discussions requested WHEREAS of the representatives City subsequent into two 2 improvement areas and Community Facilities Act of 1982 as amended at Section 53311 et seq of the Act Chapter 2 5 of Part 1 of Division 2 of Title 5 commencing establish the CFD and to act to the California Government Code this City Council has authority and as the legislative body for the proposed CFD WHEREAS pursuant to the Mello Roos s request and now desires WHEREAS this City Council has considered the Developer the Act in order to finance the acquisition and to proceed with establishment of the CFD under certain development and other fees construction of certain public facilities and the payment of to which the City has been a party discussions burdening the Property as contemplated by the other municipal services within the CFD as and to provide for the cost of public safety and permitted by the Act NOW THEREFORE 1 This BE IT RESOLVED by the City Council of the City of Chino as follows pursuant City Council proposes to conduct proceedings to establish the CFD to the Act 1 of for the CFD is Community Facilities District No 2005 two consist of CFD shall Pursuant to Government Code Section 53350 the the City of Chino 2 1 and Each of Improvement Areas may improvement areas numbered 1 and 2 inclusive a bond election of for All be known as Zones purposes proceedings include several zones to of the bonds shall apply to each of the and for the purpose of levying special taxes for payment improvement areas as specified herein 2 The name proposed the City Clerk of the City has The City Council hereby finds and determines that is defined in Section 53317 a of the Act similar powers and duties as the Clerk as that term is hereby authorized and the Clerk herein and therefore the City Clerk or her designee directed to perform all functions of the Clerk 3 1 and 2 inclusive proposed boundaries of the CFD and Improvement Areas the map of the CFD on file with the Clerk include the entire Property and are as shown on and to which map reference is hereby which boundaries are hereby preliminarily approved to record or cause to be recorded made for further particulars The Clerk is hereby directed of the 4 The County of the County Recorder of said map of the boundaries of the CFD in the office Each Resolution of this San Bernardino within fifteen 15 days of the date of adoption times at the same or different improvement area may issue its authorized bonds Resolution No 2006 106 Page 2 5 The type of public facilities proposed to be financed by the CFD pursuant to the Act shall consist of those items listed as facilities on Exhibit A hereto and by this reference incorporated herein the Facilities 6 The City Council hereby finds and determines that the public interest will not be served by allowing the property owners in the CFD to enter into a contract in accordance with Section 53329 5 a of the Act however the City may enter into one or more contracts directly with the Developer with respect to the construction and of the Facilities the Acquisition Agreement by and between the 2006 City acquisition Developer and the including dated as of December 1 7 Except to the extent that funds are otherwise available to the CFD to pay for the Facilities and or the principal and interest as it becomes due on bonds of the CFD issued to finance the Facilities a special tax sufficient to pay the costs thereof termed Special Tax A in Exhibit B hereto secured by recordation of the continuing lien against all non exempt real property in the CFD is intended to be levied annually within the CFD from the 2006 2007 Fiscal Year until the 2046 47 Fiscal Year and collected in the same manner as ordinary ad valorem property taxes or in such other manner as this Councilor its City designee shall determine including direct billing of the affected property owners In addition the CFD shall levy a special tax termed Special Tax B in Exhibit B hereto for the purpose of funding in whole or in part new municipal services the Services as described in Exhibit A hereto within the CFD and Improvement Areas 1 and 2 thereof Special Tax B shall not be limited as to the duration of its levy within the CFD unless subsequently terminated by the governing body of the CFD The proposed rate and method of apportionment of the special tax among the parcels of real property within the CFD and the two improvement areas thereof in sufficient detail to allow each landowner within the proposed CFD and the two improvement areas thereof to estimate the maximum amount such owner will have to pay is set forth in Exhibit B attached hereto and by this reference incorporated herein In no circumstances shall the special tax levied against any parcel used for private residential purposes as defined in the Act if any be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the CFD by more than 10 percent 8 to It is the intention of this City Council acting as the legislative body for the CFD Tax A and to cause bonds of the CFD to be issued pursuant to the Act to finance in part the acquisition and construction of the Facilities and of the levy Special in whole or development impact payment fees of the City and to levy Special Tax B to finance the Services Said bonds shall be in the aggregate principal amount of not to exceed Sixty Nine Million Dollars 69 000 000 to be allocated among the two improvement areas as follows Improvement Area 1 31 000 000 and Improvement Area 2 38 000 000 shall bear interest payable semi annually or in such other manner as this City Council shall determine at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds and shall mature at a date not to exceed thirty 30 years from the date of the issuance thereof 9 The levy of said proposed Special Tax A or Special Tax B within each improvement area shall be subject to the approval of the qualified electors within each of the two improvement areas at a special election The proposed voting procedure shall be by mail or hand delivered ballot among the landowners in the two improvement areas with each owner having one vote for each acre or portion of an acre such owner owns within the applicable improvement areas Resolution No 2006 106 Page 3 10 lands owned be provided by law all forth in Exhibit B and as may otherwise or the the United States the State of California and any public entity including be omitted from the levy of the or political subdivisions thereof shall Except as set by City or any departments special tax to cover the costs 11 and expenses of the Facilities The Director of Finance of the City as the officer having charge and control of directed to study said proposed the Facilities and Services in and for the CFD is hereby and file with the Clerk a report in Facilities and Services and to make or cause to be made which a description of the Facilities and Services by type writing presenting the following a the fair and CFD and b an estimate of will be required to adequately meet the needs of the the cost of acquisition of reasonable cost of financing the Facilities and Services including in conjunction therewith lands rights of way and easements any physical facilities required the costs of bond financing and incidental expenses in connection with said financing including The the Act report shall be made a and all other related costs as provided in Section 53345 3 of for below part of the record of the public hearing provided fixes the time and The City Council as the legislative body for the CFD hereby will conduct a as the legislative body for the CFD place when and where this City Council of the CFD and consider and finally determine whether the public hearing on the establishment formation of the CFD and the levy of said public interest convenience and necessity require as 16 2007 at 7 30 P M or as soon thereafter Special Tax A and Special Tax B for January the than 60 after date shall be no longer days practicable provided however that such Avenue Chino Central 13220 Chambers the Council City adoption of this resolution at 12 California to be given by The Clerk is hereby directed to cause notice of said public hearing of said the CFD The in the area of publication publication one time in a newspaper published set for said the herein hearing 7 days before date notice shall be completed at least seven in Section 53322 et seq of the Act in the form be specified Said notice shall substantially 4 53322 to Section Notice shall also be mailed to each landowner pursuant 13 to repay the Developer Pursuant to Section 53314 9 of the Act the City proposes 14 the CFD as follows issued for the of bonds proceeds solely from the levy of Special Tax A and 2 repayment to the and in CFD forming 1 funds advanced by the Developer to pay City costs to be entered into to the Acquisition Agreement Developer for work performed pursuant between the City and the Developer to conditions to The City Council hereby reserves the right and authority subject for the bonds to allow any interested owner of property be specified in the issuance document of in full payment or partial payment of any installment within the CFD to tender to the CFD thereon which may be due or delinquent but for which Special Tax A or the interest or penalties to be secured thereby the bond to be taken at par and credit a bill has been received any bond to the date of tender given for the accrued interest thereon computed 15 16 This Resolution shall take effect upon its adoption Resolution No 2006 106 Page held on PASSED AND ADOPTED by the the 5th day of December 2006 City Council of the City of Chino at a 4 regular meeting DENNIS R YATES MAYOR ATTEST LENNA J TANNER CITY CLERK STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF CHINO I foregoing LENNA J TANNER Resolution Chino held on City Clerk of the City of Chino HEREBY DO CERTIFY that the duly adopted at a regular meeting of the City Council of the City of day of December 2006 by the following roll call vote was the 5th AYES COUNCILMEMBERS NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS LENNA J SS TANNER CITY CLERK Attachments Exhibits A and B EXHIBIT A TYPES OF PUBLIC FACILITIES TYPES OF PUBLIC FACILITIES A No 2005 1 and financed with the The types of Public Facilities that are proposed by CFD consist of backbone or bonds issued by CFD No 2005 1 proceeds of special taxes and sewer water dry utilities infrastructure needed for new development such as roadway and gutter traffic signal entry signage and storm drain street and parkway curb the City work and development impact fees that are used by and appurtenant appurtenances to construct 1 infrastructure The general description and location of the improvements Rough Grading and over excavation rough grading which is limited to eligible excavation swale Parks etc grade for eligible streets detention basins bio Site 2 are Street A Improvements Euclid Avenue Eucalyptus Avenue from Oaks Avenue to improvements in an 85 139 foot right of way including Full width street base paving curb Subgrade lights sidewalks adjust prep gutter median striping and remove utility poles and underground utility lines 1325 LF Half width street San Antonio Avenue north of Eucalyptus Avenue curb of way including subgrade prep base paving in a 55 foot manhole B to sub access ramps street right improvements and access ramps and gutter striping adjust manholes cross gutter street lights 18 feet of C Fern Avenue north of Eucalyptus Avenue 1280 LF approximately the West side on additional paving on the eastside to match existing pavement including paving D E F and curb and gutter Full St 1300 LF San Antonio Avenue south of Eucalyptus Avenue to Clemson width street improvements in a 76 foot right of way including subgrade prep sidewalks adjust manhole cross grading base paving curb and gutter striping and access ramps width street from San Antonio Avenue to Purdue Avenue Full Clemson Street base paving curb and improvements in a 76foot right of way including grading manhole cross gutter street lights and access lights gutter street gutter striping sidewalks adjust ramps Full width street Purdue Avenue From Clemson Avenue to Eucalyptus Avenue base paving curb and improvements in a 76 foot right of way including grading manhole cross gutter street lights and access sidewalks gutter striping G adjust ramps width street improvements in a A Street from Oaks Avenue to Central Avenue Full median curb and gutter 93 or 105 foot right of way including grading base paving manhole cross gutter power pole relocation street lights striping sidewalks adjust and Types access ramps Page of Public Facilities December 5 2006 EXHIBIT A 1 H B Street from Eucalyptus Avenue to Mountain A venue Full width street improvements in a 76 foot right of way including grading base paving curb and gutter striping sidewalks adjust manhole cross gutter street lights and access 1 ramps C Street J ramps E Street loop from Eucalyptus St to Mountain Avenue Full width street improvements in a 76 foot right of way including grading base paving curb and gutter striping sidewalks adjust manhole cross gutter street lights and access loop School and Park site Full width street improvements in a 56 foot right including grading base paving curb and gutter striping sidewalks adjust manhole cross gutter cross gutter street lights and access ramps Oaks Avenue from Eucalyptus traffic circle to 700 north of Edison Avenue Full width street improvements in south of Edison Avenue within a 85 foot right of way and the paving transition north ofEdison avenue including grading base paving curb and gutter median striping sidewalks adjust manhole cross gutter cross gutter po ver pole relocations streetlights and access ramps Edison Avenue Street widening improvements from Oaks Avenue to east to Cypress Channel to add an additional lane in the east bound direction multiple turning lanes right turn lanes grading base paving curb and gutter median striping sidewalks adjust manhole cross gutter cross gutter street lights and access ramps Euclid Avenue from Eucalyptus Avenue to the south project boundary Street widening improvements to add additional paving along the College Park frontage Approximately 12 wide grading base paving curb and gutter striping sidewalks adjust manhole street lights and access ramps of way K L M N Mountain Avenue from Edison Avenue to improvements and gutter O in 88 foot striping of way adjust including grading manhole base gutter paving street median curb lights and access right turn lane at A street Street widening improvements right pocket to include grading base paving curb and gutter striping sidewalks adjust manhole power pole relocation and access ramps turn a Landscaping irrigation system and plantings in City Parks Excludes community theme walls A cross Full width street ramps Central Avenue northbound for 3 right sidewalks Eucalyptus Avenue Eucalyptus Avenue within the Parkways the following rights of way and and medians from Oaks Avenue to Euclid B San Antonio Euclid Fern Avenue Mountain Clemson Purdue Oaks Avenue A C B C E Streets within the Oaks Avenue San Antonio Avenue parkways and medians south of Eucalyptus within the parkway and traffic circle Types D 3 5 E The Phase 1 Detention and Water F The Phase 2 Detention and Water G Primary Community Entry acre and 5 acre Sport Parks s at Quality basin Quality basins 1 Lot 2 Oaks and Edison and of Public Facilities Lots G H Eucalyptus I J and K and Euclid Page December 5 2006 EXHIBIT A 2 Secondary Community Entry F s at Mountain and Edison and Central and A street and Phase 1 lots for landscape purposes F C Phase 1 lots for Water Quality purposes following additional The following additional The 1 1 Q D and E Storm Drain 4 Improvements catch basins junctions Eucalyptus Avenue 18 24 Laterals street drainage for local depression Eucalyptus from Cypress Channel through Storm drain mainline Line E In A B to Purdue Avenue C D E F 4130 LF construct 18 RCP to 66 RCP structures and Clemson Avenue junction structures catch basins and local depressions outlet from the detention water quality basin Storm drain mainline Line F structure 520 LF construct 36 RCP and basin outlet basin along Clemson to 220 from the detention Storm drain mainline Line D 42 48 RCP junction If north of Eucalyptus Avenue 1023 LF construction and outlet structure structures catch basins local depressions G water quality basin 1 Phase 1 Lot Spillway outlet of the detention detention water quality basins 2 Phase 2 Lots H Spillway outlet of the I J and K H from Oaks to Cypress 72 RCP in the followirig Streets Eucalyptus C E Streets and Mountain Avenue B Channel from Edison Avenue to approx 800 Magnolia Channel City of Chino Facility for water south of the south property line includes channel lining landscaping headwalls cut off walls and roadway crossing quality treatment slope stability B street and c street for Eucalyptus Sewer Improvements A Eucalyptus B Clemson St Install 8 C Purdue Avenue G 5 Includes construction of 18 Avenue Install 8 sewer Install 8 to 12 sewer main and manholes main and manholes sewer main and manholes F main and manholes Mountain Avenue Install 8 street Install 8 sewer main and manholes and E C B G San Antonio Avenue H Construct E sewer sewer along south of Eucalyptus Install 8 sewer main and manholes main San Antonio south of Eucalyptus Install 15 sewer and manholes 1 J 12 24 sewer main Offsite Sewer from Clemson to Kimball Avenue Install and replace existing monitoring manhole and manholes Includes remove Kimball Avenue on and striping pavement sections curb and gutter IS sewer main Avenue Install 12 Offsite Sewer from c street to Kimball and replace existing asphalt monitoring manhole and manholes Includes remove on Avenue Kimball and striping curb and paving Types gutter Page of Public Facilities December 5 2006 EXHIBIT A 3 6 Water Improvements A Eucalyptus Avenue valves air vac 12 water main and 6 12 blow off elbow adapter block concrete cap irrigation water service and hot tap San Antonio Avenue south of Eucalyptus 12 water main gate valves air vac blow off elbow adapter fire hydrant assembly tees valves thrust block concrete cap irrigation water service and hot tap E C San Antonio Avenue north of Eucalyptus water main 12 water main and 8 gate valves air vac blow off elbow tees valves thrust block concrete cap irrigation adapter fire reclaimed hydrant assembly water service and hot tap D Clemson St 12 water main gate valves air vac blow off elbow adapter fire tees valves thrust block hydrant assembly concrete cap irrigation water service and hot tap E Mountain Avenue 12 vac blow off elbow water main and 8 adapter concrete hydrant water service and hot and hot tap Oaks Avenue 12 G blow off elbow cap B H water main and 12 fire adapter hydrant reclaimed water main gate valves air vac assembly tees valves thrust block concrete irrigation water C service and hot tap and street 8 water main and 6 E valves air vac blow off elbow adapter to 8 reclaimed water main gate fire hydrant assembly tees valves thrust block concrete cap irrigation water service and hot tap Water Well and Water Treatment Plant including water well pump 1 Located Phase 1 connection to domestic water main line and storm drain discharge mechanical and electrical J assembly well water transmission line well water treatment plant Located Phase 2 discharge equipment pumps line sewer Treatment tanks and discharge plant line brine includes building Purdue Avenue water lines domestic and reclaimed gate valves air vac blow off elbow adapter fire hydrant assembly tees valves thrust block concrete cap irrigation Dry fire reclaimed water main gate valves air assembly tees valves thrust block cap irrigation tap A Street 12 water main gate valves air vac blow off elbow adapter fire hydrant assembly tees valves thrust block concrete cap irrigation water service F 7 reclaimed water main gate hydrant assembly tees valves thrust fire water service and hot tap Utilities conduit risers Including trenching pullboxes vaults hand holes etc in the following streets A Eucalyptus B San Antonio Avenue north and south of Eucalyptus C Clemson Street D Purdue Avenue E Mountain Avenue F Oaks Avenue Types ofPublic Avenue Facilities Page December 5 2006 EXHIDIT A 4 G A Street H B C streets I J Euclid Avenue Traffic 8 E Edison Avenue A Signals or Traffic Signal Modifications at the and Euclid Full intersection Eucalyptus Eucalyptus D and Mountain Full intersection Edison Half intersection and Mountain Oaks and Edison Full intersection E Oaks and B C F street F A and Central G A street and Full intersection Full intersection Full Intersection Chaffey College entry streets 2 Fern Avenue Signal Modification Fee H Edison and 1 Mountain J Edison and Magnolia K Edison and Cypress L Traffic 9 Facilities A B C street Full intersection Avenue Half intersection Avenue and Signal Avenue Quarter intersection interconnect represented by the following Development Impact F G General Facilities H 1 Library Facilities Community Public Use J Parks Recreation Open Space K Horse Arena L Brine Line connection fee M fee CMP Congestion Management Program Administrative In addition to the above a City D E N Fees Equipment Law Enforcement Facilities Vehicles Vehicles Facilities Equipment Fire Protection Thoroughfares Bridges Signals Collection Storm Drainage Distribution Water Storage Collection Disposal Sewage C Following Intersections Centers fee is payable in connection with of the construction cost of certain improvements Administrative fee 12 amount of any fee that can be imposed with the improvements and 12 of the and Sewage Facilities Development exception ofParks Recreation Open Space such Fee street fee computation is gross acreage less major and secondary Acreage for purposes of the for public utilities City property schools and railroads right of way and easements environmental reports 10 Incidental expenses of improvements including design staking plan check Types and inspection fees Page of Public Facilities December 5 2006 EXHIBIT A 5 B PRIORITY OF FUNDING PUBLIC FACILITIES With the exception of the 12 reimbursement ofthe surplus special C or facilities noted the payment ofDevelopment fees may be proceeds pay you go surplus special taxes The reimbursement of the Administrative Fee and other fees or facilities noted may only be made from pay as you go made from bond 12 Administrative Fee and other fees costs of facilities and the or Impact as taxes SUBSTITUTION FACILITIES The description ofPublic Facilities is general in nature The final nature and location ofthe Public Facilities will be determined upon preparation offinal plans and specifications The final determination ofthe eligibility of improvements and Development Impact Fees for funding will be determined based on applicable CFD statutes and City policies D TYPES OF SERVICES The types of Services that are proposed by to be provided by CFD No 2005 1 and funded with the proceeds of special taxes issued by CFD No 2005 1 consist of services permitted under the Mello Roos Community Facilities Act of 1982 without limitation maintenance of including and flood and parks parkways storm protection services the open space of storm operation drainage systems and public safety within the boundaries of or Types services All ofthe services financed must be for the benefit of CFD No 2005 1 ofPublic Facilities provided Page December 5 2006 EXHIBIT A 6 FOR RATE AND METHOD OF APPORTIONlIENT COMMUNITY FACILITIES DISTRICT NO 2005 1 OF THE CITY OF CHINO IMPROVEMENT AREA NO 1 PARK COLLEGE The sets forth the Rate and following Method of Apportionment for the levy and collection of No 1 of the City of Chino Annual Special Tax A and Annual Special Tax B in Improvement Area An Annual Special Tax A CFD No 2005 1 No 2005 1 City Community Facilities District in Improvement Area No 1 of CFD No and Annual Special Tax B shall be levied on and collected the application of the Rate and Method of 2005 1 each Fiscal Year in an amount determined through real property within Improvement Area No 1 unless Apportionment described below All ofthe hereof shall be taxed for the purposes to the extent and in the exempted by law or by the provisions manner herein provided SECTION A DEFINITIONS The terms hereinafter set forth have the Acquisition Agreement between the City and SCC means the College following meanings Acquisition Agreement dated as of September Park LLC et aI as 1 2006 by and it may be amended of an Assessor s Parcel as shown on an Assessor s Parcel on the s Parcel Map the land area as shown Map or if the land area is not shown on the Assessor shown on the applicable Final Map the land area shall applicable Final Map or ifthe land area is not Acre or Acreage be calculated by means the the land area City Engineer the Mello Roos Communities Facilities Act of 1982 as amended of California Division 2 of Title 5 of the Government Code of the State Act means being Chapter 2 5 the Special necessary expenses allocable to which are incurred by the City on behalf Tax A Requirement and to the Special Tax B Requirement ofthe levy of Special Tax A of Improvement Area No 1 related to the determination ofthe amount the expenses of and Special Tax B the collection of Special Tax A and Special Tax B including the payment of a proportional amount of collecting delinquencies the administration of Bonds duties are directly related to the administration of salaries and benefits of any City employee whose in order to carry out the authorized purposes Improvement Area No 1 and costs otherwise incurred ofCFD No 2005 1 relating to Improvement Area No 1 Administrative Expenses Annual Assessor Annual Assessor City Special s any ordinary and Tax A means the Special Tax A actually levied in any Fiscal Year on any Tax B means the Special Tax B actually levied in any Fiscal Year on any Parcel Special s means Parcel December 5 2006 of Chino Community Facilities District No 2005 1 Improvement Area No 1 EXHIBIT B Page 1 Apartment Property means all Assessor Parcels of Residential s Property on which one or more Unit has been included in its own Assessor s Parcel through the recordation of a condominium map or similar instrument that creates individual lots for which building permits may be issued without further each Units Apartment are constructed In cases where an Apartment subdivision Assessor Parcel associated with an individual lot created will be classified and taxed accordingly unless a Builder Notice has been filed with the Assessor Property s Parcel associated with and taxed accordingly s Apartment Unit means a available for rental by as City an Apartment Property in which individual lot created will be classified as case each Single Family dwelling unit within a building comprised the general public not for sale to an ofattached residential units end user and under common management Approved Property means all Assessor s Parcels of Taxable Property i that are included in a Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special st Final Tax A is being levied and ii that have not been issued a building permit preceding the Fiscal Year in which the Special Tax A is being levied Assessor assigned s Parcel Assessor Assessor s by Assessor Assessor s s lot or parcel ofland designated on an Assessor s Parcel Map with Parcel Number within the boundaries ofImprovement Area No 1 Map means an official map ofthe Assessor ofthe Parcel Number Parcel Number means that number purposes of identification Assigned Annual Special Tax A means the below Backup Annual before March 1 st means a s Parcel on or Special Tax A means the County designating parcels assigned to an Assessor Special Special Tax A ofthat Tax A ofthat an s Parcel by the name name County for described in Section D described in Section E below Bonds those bonds denominated as Series 2006 Local Agency Bonds of Community Facilities District No 2005 1 ofthe City of Chino Area No 1 College Park in Improvement the original aggregate principal amount not to exceed 25 000 000 or thereof to any refunding which proceeds of Special Tax A have been pledged means Builder Notice owner means a certified ofthe Assessor stating that residential Final Map area written notice to the Finance Director ofthe s Parcels within aFinal Map at or prior to the time the Final uses other than Apartment Units City ofChino Community Facilities District Improvement Area No 1 are planned City filed by the Map to be constructed is recorded within such December 5 2006 No 2005 1 EXHIBIT B Page 2 the square footage of assessable internal living space to the other structures not used as living space as determined by reference Staff for such Assessor s Parcel and subject to verification by City Building Square Footage exclusive of garages or BSF or means building permit application Calendar Year the means period commencing January 1 of any year and ending the following December 31 CFD No 2005 1 2005 1 established Community Facilities District No means by the City under the Act City Council CFD No 2005 1 County the means or means levied and ii and Special a Tax B Legislative Body of a Parcels of Taxable Property that i are included in Tax A in which the Special to March 1 preceding the Fiscal Year sl 1 was issued on or before March preceding the Fiscal Year all Assessor s prior A or Tax B is Special being levied all Assessor s Parcels designated provided for in Section L means as the building permit Special Tax Exempt Property as st Final Map that was recorded in which the acting ofChino County of San Bernardino Developed Property is being City designee its the means Council ofthe City as being exempt from Special Tax A lot line map parcel map Map means a subdivision ofproperty by recordation Act California Government Code Section 66410 et adjustment pursuant to the Subdivision Map to California Civil Code 1352 that creates seq or recordation of a condominium plan pursuant of afinal Final individual lots for which building Fiscal Year means Improvement the on can any Assessor Maximum s on any Assessor of any year and Improvement Area No as ending the following June 1 ofCFD No 2005 1 as 30 identified on amended the Maximum Special Tax A determined in accordance with Fiscal Year be levied by CFD No 2005 1 within Improvement Area No 1 in any A means Parcel of Taxable Property Tax B determined in accordance with Fiscal Year be levied by CFD No 2005 1 within Improvement Area No 1 in any Special Section I that can means for CFD No 2005 1 Special Tax Section C that may be issued without further subdivision period commencing July 1 Area No 1 boundary map Maximum the permits or s Tax B means the Maximum Parcel of Developed Non Residential Property building permit was issued means Special Property all Assessor s Parcels of Developed for any type of non residential Property for which use Partial Prepayment Amount means the amount required to prepay for an Assessor s Parcel as described in Section H A a portion ofthe Special Tax obligation December 5 2006 City ofChino Community Facilities District No 2005 1 Improvement Area No 1 a EXHIBIT B Page 3 Prepayment Amount for an Assessor s means Parcel as the amount required to prepay the Special Tax A described in Section G obligation in full Proportionately means for Special Tax A that the ratio ofthe 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 ofthe Annual Special Tax B levy to the applicable Maximum Special Tax B is equal for all applicable Assessor s Parcels In case of Developed Property subject apportionment ofthe Annual Special Tax A under step three ofSection F Proportionately means that the quotient of a Annual Special Tax A less the Assigned Annual Special Tax A divided to the by b the Backup Annual Special applicable Assessor s Parcels Tax A less the Assigned Annual Special Tax A is equal for all Provisional Undeveloped Property means all Assessor s Parcels ofTaxable Property subject to Tax A that would otherwise be classified as Exempt Property pursuant to the provisions of Section L but cannot be classified as Exempt Property because to do so would reduce the Acreage of all Taxable Property within the applicable Zone below the required minimum Acreage set forth in Section L Special Residential Property permit means all Assessor s Parcels of Developed Property for which abuilding has been issued for purposes of one or more residential constructing dwelling units Services means services permitted under the Mello Roos Community Facilities Act of 1982 without limitation maintenance of parks parkways and open including space flood and storm services the of storm protection operation drainage systems and public safety services All ofthe services fmanced must be provided within the boundaries of or for the benefit ofCFD No 2005 1 Single Family Property means all Assessor s Parcels of Residential Apartment Property Single Family Special Tax A Improvement Unit means a means Area No dwelling unit other than an Property other than Apartment Unit any ofthe special taxes authorized to be levied on Taxable 1 by CFD No 2005 1 pursuant to the Act to fund the Property within Special Tax A Requirement Special Tax B means the special Assessor s Parcel of Developed Special service Tax A or the Requirement periodic such Fiscal Year costs on tax authorized Property means all to the amount outstanding ii Administrative to be levied in each Fiscal Year on each fund the Special Tax B Requirement required in any Fiscal Year to pay i the debt Bonds due in the Calendar Year that commences in Expenses apportioned between Special Tax B A and Special Tax 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 offunds for the fees authorized by CFD No 2005 1 and as inclusion of such amount does not cause Property as set forth in Step acquisition or construction of facilities or payment of required by the Acquisition Agreement provided that the an increase in the levy of Special Tax on Undeveloped Two ofSection F City ofChino Community Facilities District No Improvement Area No 1 less vi any amount available to pay debt service or December 5 2006 2005 1 EXHIBIT B Page 4 other periodic costs on the Bonds pursuant to any applicable fiscal agent agreement or trust agreement Special Tax B Requirement means B that amount to be subject to the Maximum Special Tax certain Services as required to meet the needs of CFD No to pay for any Fiscal Year The costs of services to be covered 2005 1 in both the current Fiscal Year and the next Fiscal Year collected in Services and ii Administrative Expenses apportioned between iii acredit for funds available to reduce the Annual Special Special Tax A and Special Tax B less Under no circumstances shall the Tax B levy if any as determined by the CFD Administrator funds for Bonds Special Tax B Requirement include shall be the direct costs for Taxable Property Property Exempt means i all Assessor s are Parcels within Improvement Area No 1 which of Taxable Property which Undeveloped Property means all Assessor s Parcels or Provisional Undeveloped Property Developed Property Approved Property Zone means the separate geographic area within Improvement Area No 1 depicted are on not not the Number 2005 of CFD 2005 1 which is Tract No 16837 recorded as Document in the following table December 14 2005 and is comprised ofthe lots shown Boundary Map 0950313 on Zone City TT No Zone 1 16837 1 Zone 2 16837 2 Zone 3 16837 3 Zone 4 16837 4 Zone 5 16837 5 Zone 6 16837 6 Zone 7 16837 8 9 10 Zone 8 16837 13 Zone 9 16837 12 7 11 December 5 2006 ofChino Community Facilities Improvement Lot District No 2005 1 Area No 1 EXHIBIT B Page 5 SECTION B CLASSIFICATION OF ASSESSOR S PARCELS Each Fiscal Year beginning with Fiscal Year 2007 08 each Assessor s Parcel within Improvement Area No 1 shall be classified as Taxable Property or Exempt 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 Approved Property Undeveloped Property and Provisional Undeveloped Property shall be classified as being within an applicable Zone If an Assessor s Parcel of Approved Property Undeveloped Property or Provisional Undeveloped Property is located within more than one Zone it shall be deemed to be entirely within the Zone in which the largest portion ofits is In located addition each Acreage Assessor s Parcel of Developed Property shall further be classified as Residential or Non Residential each Property Property Lastly Assessor s Parcel of Residential Property shall further be classified as Single Family Property or Apartment Property and the Building Square Footage of each Single Family Unit or Apartment Unit within each such Assessor s Parcel shall be determined SECTION C MAXIMUM SPECIAL TAXA 1 Developed Property The Maximum Special Tax A for each Assessor s Parcel of Residential Property or Non in Fiscal Year shall be the Property any greater of i the Assigned Annual Tax A or ii the Backup Annual Special Tax A Residential Special 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 Single Family Property Apartment Property or Non Residential Property shall be subject to an Assigned Annual Special Tax A The Assigned Annual Special Tax A to an Assessor s Parcel of applicable shall be determined pursuant to Table 1 below City of Chino Community Facilities Improvement Area No Developed Property December 5 2006 District No 2005 1 1 EXHIBIT B Page 6 TABLE 1 ASSIGNED ANNUAL SPECIAL TAX A RATES FOR DEVELOPED PROPERTY Land Use Tvpe Buildine Square Footae e Single Family Unit Less than 1 050 1 050 Single Family Unit 1 098 per Unit 1 199 1 203 per Unit per Unit Unit Single Family Unit 1 200 1 349 1 308 Single Family Unit Single Family Unit 1 350 1 499 1 414 per 1 500 1 649 1 520 per Unit Single Family Unit 1 650 1 799 1 627 per Single Family Unit 1 800 1 949 1 734 per Unit per Unit Unit Single Family Unit 1 950 2 099 1 841 Single Family Unit Single Family Unit 2 100 2 249 1 949 per Unit 2 250 2 399 2 056 per Unit per Unit Single Family Unit 2 400 2 549 2 164 Single Family Unit 2 550 2 699 2 271 per Unit 2 700 2 849 2 379 per Unit 2 850 2 999 2 486 per Unit 3 000 3 149 2 594 per Unit per Unit Single Family Unit Single Family Unit Single Family Unit Single Family Unit 3 150 3 299 2 701 Single Family Unit 3 300 3 449 2 813 per Unit Single Family Unit Single Family Unit 3 450 3 599 2 925 per 3 600 3 749 3 037 per Unit Single Family Unit Single Family Unit 3 750 3 899 3 149 per Unit 3 900 4 049 3 261 per Unit 4 050 4 199 3 375 per Unit 4 200 4 349 3 490 per Unit per Unit Unit Single Family Unit Single Family Unit Unit Single Family Unit 4 350 4 499 3 606 Single Family Unit 4 500 4 649 3 722 per Single Family Unit 4 650 4 799 3 839 per Unit Single Family Unit 4 800 4 949 3 957 per Unit Single Family Unit 4 950 5099 4 075 per Unit 5 100 5 249 4 194 per Unit 5 399 4 313 per Unit 4 434 per Unit Single Family Unit Single Family Unit 5 250 Single Family Unit 5 400 and over Less than 850 Apartment Unit 1 049 850 Apartment Unit 2 Rate Apartment Unit 1 050 or Greater Non Residential Property N A 755 per Unit 825 per Unit 905 per Unit 5 100 per Acre Provisional Undeveloped Property Approved Property Undeveloped Property and Each Fiscal Year each Assessor Provisional s Parcel of Approved Undeveloped Property shall be subject to an Assigned Annual Special Tax A December 5 2006 City ofChino Community Facilities Property Undeveloped Property and District No 2005 1 Improvement Area No 1 EXHIBIT B Page 7 The Assigned Annual Special Tax A rate for an Assessor s Parcel classified as Approved Property Undeveloped Property or Provisional Undeveloped Property shall be determined pursuant to Table 2 below Table 2 ASSIGNED ANNUAL SPECIAL TAXA RATES FOR APPROVED PROPERTY UNDEVELOPED PROPERTY AND PROVISIONAL UNDEVELOPED PROPERTY Zone TT No Lot Rate Zone 1 16837 1 Zone 2 16837 2 Zone 3 16837 3 18 114 per Acre 28 839 per Acre 21 507 per Acre Zone 4 16837 4 26 448 per Acre Zone 5 16837 5 21 044 per Acre Zone 6 16837 6 7 23 965 per Acre Zone 7 16837 8 9 10 19 841 per Zone 8 16837 13 11 640 per Acre Zone 9 16837 12 10 079 per Acre 11 Acre SECTION E BACKUP ANNUAL SPECIAL TAX A 1 Single Family Property Assessor s At the time and Apartment Property with Parcels a Final Map within and the Backup expected classified to be is recorded the Annual each as Special City shall determine Apartment Units having which Zone the Final Tax A for all Assessor Single Family Property or s Parcels classified Apartment Property with their own Map or area lies reasonably Apartment Units having their own Assessor s Parcel within such Final Map area shall be determined by multiplying the Maximum Special Tax A rate for Undeveloped Property for the applicable Zone by the total Acreage of Taxable Property excluding the Provisional Undeveloped 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 Single Family Units or Apartment Units reasonably expected to be constructed within such Final Map area Ifthe Final Map area described in the preceding paragraph lies within than one Zone the City Property excluding the Provisional Undeveloped Property Acreage if any in such Final Map area and any Acreage reasonably expected to be classified as Exempt Property if any in the portion ofthe Final Map area within each Zone and such multiply respective Acreage amounts by the Maximum Special Tax A rate for Undeveloped for each Zone The amounts determined in the Property preceding sentence shall be summed and divided by the total number of together Single Family Units or Apartment Units reasonably to be shall determine the total expected Acreage constructed within such Final City of Chino Community Facilities more of Taxable Map area December 5 2006 District No 2005 1 Improvement Area No 1 EXHIBIT B Page 8 Non Residential 2 own Assessor At the time and the a Property or Apartment Property with Apartment Units not having their Parcel s Final Map is recorded Backup Annual Special Tax the City shall determine which Zone A for all Assessor s the Final Map lies within Parcels classified or reasonably expected to Units not having Non Residential Property or Apartment Property with Apartment shall be determined by multiplying their own Assessor s Parcel within such Final Map in such Zone for the applicable Zone by the total the Maximum Special Tax A rate for Undeveloped Property the Provisional Undeveloped Property Acreage of Taxable Property in such Zone excluding and any Acreage reasonably expected to be classified as Acreage if any in such Final Map area be classified as Exempt Property one Zone the City preceding paragraph lies within more than the Provisional Undeveloped shall determine the total Acreage of Taxable Property excluding to be and any Acreage reasonably expected Acreage if any in such Final Map area If the Final Map area described in the Property the Final Map area within each Zone and Exempt Property if any in the portion of the Maximum Special Tax A rate for Undeveloped multiply such respective Acreage amounts by in the preceding sentence shall be summed Property for each Zone The amounts determined Annual Special acres for purpose of determining the Backup together and divided by the number of classified as Tax A rate per If a Final acre Map includes Assessor s Parcels which Property and Non Residential Property are classified or will be classified Non Residential Residential then the Backup Annual Special Tax A for each Assessor s shall be computed exclusive of as Residential Property Parcel which is classified or will be classified s Parcels classified to Assessor of attributable total the allocable portion Acreage as as or to be classified Property to be classified either Notwithstanding the foregoing if Assessor s Parcels which are classified recordation of alot Residential Property or Non Residential Property are subsequently changed by then the Backup line adjustment Final Map amendment new Final Map or similar instrument or as within the area that has been changed Special Tax A shall be recalculated and reapportioned would have been generated if but shall still equal the amount of Backup Annual Special Tax A that such change did not take place Annual SECTION F TAX A METHOD OF APPORTIONMENT OF THE ANNUAL SPECIAL Commencing Annual Step Fiscal Year 2007 08 and for each subsequent Fiscal Year the Tax A in accordance with the following steps City Council shall levy Special One each Parcel Assessor Special Tax A shall be levied Proportionately on ofthe applicable Assigned Annual Special of Developed Property at up to 100 A rates in Table 1 to satisfy the Special Tax A Requirement The Annual City of Chino Community Facilities District No Improvement Area No 1 s Tax December 5 2006 2005 1 EXHIBIT B Page 9 Step Two The Annual Special Tax A shall be levied Proportionately on each Assessor s Parcel of Approved Property at up to 100 ofthe applicable Assigned Annual Special Tax A rates in Table 2 to satisfy the Tax A Special Requirement Step Three 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 on each Assessor s Parcel Proportionately ofUndeveloped Property up to 100 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 Step Four If additional moneys are needed to satisfy the Special Tax A Requirement after the first two steps have been completed then the Annual Special Tax A on each Assessor s Parcel ofDeveloped whose Maximum Tax is Property the Backup Special Proportionately from the Assigned Annual Backup Annual Special Tax A as needed to satisfy Annual Special Tax A shall be increased Special Tax A up to 100 ofthe the Special Tax A Requirement Step Five If additional moneys are needed to satisfy the Special Tax A Requirement after the first three steps have been completed the Annual Special Tax A shall be levied on each Assessor s Parcel of Provisional Undeveloped Proportionately Property up to 100 of the Assigned Annual Tax A to each such Assessor s Parcel as needed to satisfy the Special Special Tax A applicable Requirement SECTION G PREPAYMENT OF ANNUAL SPECIAL TAX A The following definition applies to this Section G Outstanding Bonds means all Bonds previously issued and secured by the levy of Special Tax A 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 of Maximum prepayments Special Tax A which will remain Prepayment The Special Tax A obligation of an Assessor s Parcel of Developed Property Approved Property an Assessor s Parcel ofUndeveloped Property and an Assessor s Parcel of ProvisionatUndeveloped be in full Property may prepaid 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 An as described below ofan Assessor s Parcel intending to prepay the Special Tax A obligation shall provide the with written notice of intent to prepay and within 5 days ofreceipt ofsuch notice the City City shall notify such owner ofthe amount ofthe non refundable deposit determined to cover the cost to be incurred by Improvement Area No 1 in calculating the proper amount of aprepayment Within 15 owner City of Chino Community Facilities Improvement December 5 2006 District No 2005 1 Area No 1 EXHIBIT B Page 10 of receipt of such non refundable amount of such Assessor s Parcel days deposit the City shall notify such owner Prepayment Amount for each applicable Assessor following formula capitalized terms defined below The s of the prepayment Parcel shall be calculated according to the Payoff Amount Administrative Fee plus equals As ofthe date of prepayment the 1 Amount Prepayment Prepayment Amount shall be calculated as follows Developed Property and Provisional Tax A Undeveloped Property compute the Assigned Annual Special an Assessor s Parcel of Approved applicable to the Assessor s Parcel For it was Property compute the Assigned Annual Special Tax A as though the building permit already designated as Developed Property based upon For Assessor an Parcel s of expected to be issued for that Assessor s Parcel For an Assessor Parcel ofUndeveloped Property compute the Assigned Annual Special Tax the A as though it was already designated as Developed Property based upon s building permit issued or expected to be issued for that Assessor Parcel issued s or Developed Property Approved Property Undeveloped Property to be prepaid Undeveloped Property Annual Assigned Special Tax A compute the present value of the remaining the weighted average interest payments using a discount rate that is equal to rate on the Outstanding Bonds and the remaining term ofthe Outstanding Bonds determined by a Financial Advisor selected by the City For any of Bonds the discount rate prepayment that occurs prior to the first issuance For each Assessor s Parcel of or Provisional and the term shall be 30 years This is used in this calculation shall be 6 0 the 2 Payoff Amount Developed Property Approved Property Undeveloped Property to be prepaid Undeveloped Property divide the Assigned Annual Special Tax A computed pursuant to the first s Parcel by the paragraph in paragraph 1 ofthis Section G for such Assessor For each Assessor s Parcel of or sum of the estimated Assessor s Provisional Assigned Parcels of Taxable Annual applicable to all as reasonably determined Special Property at buildout Tax by the City 3 Bonds 4 quotient computed pursuant to paragraph 2 by the Outstanding The product shall be the Bond Redemption Amount Multiply Multiply premium the Redemption Amount by the applicable redemption on the Outstanding Bonds to be redeemed with the proceeds the Bond if any December 5 2006 City ofChino Community Facilities District Improvement Area No 1 No 2005 1 EXHIBIT B Page 11 of the Bond Redemption Amount This product IS the Premium 5 Compute the amount needed to pay interest on the Bond Redemption Amount to be redeemed with the call date for the 6 Determine Redemption proceeds Outstanding the ofthe Prepayment Amount until the earliest Bonds of interest amount earnings to be derived from the Redemption Amount plus the Redemption Premium in State and Local Government Series Treasury Obligations until the earliest call date for the Outstanding Bonds reinvestment of the Bond 7 Subtract the amount computed pursuant computed pursuant to paragraph 8 Estimate the prepayment the costs of evidence paragraph 6 from the amount 5 This difference is the Defeasance Cost fees and expenses associated with the the costs of computation ofthe Prepayment Amount administrative including redeeming Bonds the Calculate the and the costs of and prepayment Administrative Fee 9 to the recording any notices to redemption This amount is 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 ofthe prepayment or b the amount derived by subtracting the new reserve requirements in effect after 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 given Notwithstanding the foregoing the Reserve Fund Credit shall be Reserve Fund Credit shall in 10 no The Amount to Call Bonds Amount the Redemption is event be less than equal to Premium the sum zero ofthe Bond Redemption 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 bond fiscal agent agreement or escrow agreement the Administrative Fee will be transferred to the Administrative Fund or functionally equivalent fund account pursuant to the fiscal agent agreement and used to pay administrative expenses the remainder will be transferred to the Surplus or City ofChino Community Facilities December 5 2006 District No 2005 1 Improvement Area No 1 EXHIBIT B Page 12 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 a of Council shall indicate in the records ofImprovement Area No 1 that there has been prepayment with the the Special Tax A obligation and shall cause a suitable notice to be recorded in compliance ofsuch prepayment to indicate the prepayment ofthe Special 30 of Act within thirty obligation obligation ofsuch Assessor Tax A receipt days and the release of the s Special Parcel to pay such Ta A lien Special on such Assessor Tax A shall s Parcel and the cease A prepayment will be allowed unless the amount of Special Tax that may be levied on Taxable Property after such full prepayment net of Administrative Expenses on all shall be at least 1 1 times the regularly scheduled annual interest and principal payments Notwithstanding the foregoing currently Outstanding Bonds City ofChino Community Facilities Improvement no in each future Fiscal Year December 5 2006 District No 2005 1 Area No 1 EXHIBIT B Page 13 SECTION H PARTIAL PREPAYMENT OF ANNUAL SPECIAL TAXA The Special Tax A obligation of an Assessor s Parcel of Developed Property or Provisional Undeveloped Property or an Assessor s Parcel ofApproved Property or 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 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 partially prepaid The Partial Prepayment Amount shall be calculated PP The terms above have the PG X according to the following formula F following meanings PP the Partial Prepayment Amount PG the F the percent by which the owner ofthe Assessor the Special Tax A obligation Prepayment Amount calculated according to Section G s Parcel is partially prepaying With respect to any Assessor s Parcel that is partially prepaid the City Council shall indicate in the records ofImprovement Area No 1 that there has been a partial prepayment ofthe Special Tax A obligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty days ofreceipt ofsuch partial prepayment ofthe Special Tax A obligation to indicate the partial prepayment ofthe Special Tax A obligation and the partial release ofthe Special Tax A lien on such Assessor s Parcel and the obligation of such Assessor s Parcel to pay such prepaid portion ofthe Special Tax A shall cease 30 Notwithstanding the 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 shall be at least 1 1 times the Expenses regularly scheduled annual interest and principal payments on all Bonds in each future Fiscal Year currently Outstanding foregoing City ofChino Community Facilities District Improvement Area No 1 no December 5 2006 No 2005 1 EXHIBIT B Page 14 SECTION I MAXIMUM SPECIAL TAX B 1 Developed Property The Maximum Special Tax B for each Assessor each Land Use Type is shown below in Table 3 s Parcel of Developed Property for TABLE 3 Maximum Land Use Type Special Tax B for Developed Property Building Square Footage Rate 728 per Unit 1 050 1 199 797 per Unit Single Family Unit 1 200 1 349 867 per Unit Single Family Unit 1 350 1 499 937 per Single Family Unit Single Family Unit 1 500 1 649 1 007 per Unit 1 650 1 799 1 078 per Unit Single Family Unit Single Family Unit 1 800 1 949 1 150 per Unit 1 950 2 099 1 221 per Unit Single Family Unit 2 100 2 249 1 292 per Single Family Unit 2 250 2 399 1 363 per Unit Single Family Unit 2 400 2 549 1 434 per Unit per Unit Single Family Unit Single Family Unit Less than 1 050 Unit Unit Single Family Unit 2 550 2 699 1 506 Single Family Single Family Unit 2 700 2 849 1 577 per Unit Unit 2 850 2 999 1 648 per Unit per Unit Single Family Unit 3 000 3 149 1 719 Single Family Unit 3 150 3 299 1 791 per Unit Single Family Unit 3 300 1 864 per Unit per Unit Unit 449 3 Single Family Unit 3 450 3 599 1 939 Single Family Unit 3 600 3 749 2 013 per Single Family Unit 3 750 3 899 2 088 per Unit Single Family Unit Single Family Unit 3 900 4 049 2 162 per Unit 4 050 4 199 2 238 per Unit Unit 4 200 4 349 2 314 per Unit Single Family Unit 4 350 2 390 per Unit Single Family Unit Single Family Unit 4 500 4 649 4 650 4 799 2 545 per Unit Single Family Unit 4 800 4 949 2 623 per Unit per Unit Single Family 499 4 467 2 per Unit Single Family Unit 4 950 5099 2 701 Unit 5 100 5 249 2 780 per Unit Unit 5 250 5 399 2 859 per Unit 2 939 per Unit Single Family Single Family Single Family Unit 5 400 and oyer Apartment Unit Less than 850 500 per Unit Apartment Unit 850 1 049 547 per Unit 600 per Unit Apartment Unit Non Residential Property 1 050 or greater N A per Acre December 5 2006 City of Chino Community Facilities District Improvement Area No 1 3 380 No 2005 1 EXHIBIT B Page 15 2 Approved Property Undeveloped Property and Provisional Undeveloped Property No Special Provisional 3 Tax B shall be levied on Approved Property Undeveloped Property and Undeveloped Property Method of Apportionment of the Maximum Special Tax B Commencing with Fiscal Year 2007 08 and for each following Fiscal Year the City levy the Special Tax B at up to 100 ofthe applicable Maximum Special Tax B Proportionately on each Assessor s Parcel of Developed Property until the amount of Special Tax B equals the Special Tax B Requirement shall 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 Under no circumstances will the Special Tax A the Special Tax B levied against any without limitation any Assessor Parcel used as aprivate residence be increased as a consequence of delinquency or default by the owner of any Assessor s Parcel or Parcels within any other Improvement Area ofCFD 2005 No 1 ofthe City ofChino other than for delinquencies or defaults within this Improvement Area 1 Assessor s Parcel or including For that period commencing with the first Fiscal Year that any Bonds are outstanding and terminating in the first Fiscal Year when no Bonds are outstanding and for no other periods Special Tax A shall be levied on all Assessors Parcels subject to such Special Tax A Provided however if any delinquent Special Tax A attributable to Improvement Area 1 remains uncollected prior to or after all Bonds are retired Special Tax A may continue to be levied to the extent necessary to reimburse CFD No 2005 1 for uncollected Special Tax A for that Area but later not than the 2046 47 Fiscal Year Improvement Special Tax B shall be levied determined as long as it is needed to City Council meet the Special Tax at the sole discretion ofthe Requirement B as SECTION L EXEMPTIONS The City shall are owned classify Exempt Property within by irrevocably offered as Zone or as i Assessor s Parcels which restricted in use or owned by a religious they organization City of Chino Community Facilities District No Improvement applicable by by the State of other local governments including school districts ii Assessor s Parcels are places ofworship and are exempt from ad valorem property taxes because California Federal which are used the for dedication encumbered Area No 1 iii Assessor s Parcels which are owned by irrevocably offered December 5 2006 2005 1 EXHIBIT B Page 16 for dedication encumbered Parcels with public or by utility or restricted in easements use making homeowners association iv Assessor s impractical their utilization for other than the by a privately owned and are public uses or vi other types of public uses determined by no such the City Council provided for purposes of levying the Special Tax A only provided that to less than classification would reduce the sum of all Taxable Property within the applicable Zone purposes set forth in the easement encumbered by or restricted solely for the following Assessor v s Parcels which are Acres described in Table 4 Table 4 MINIMUM TAXABLE ACRES Zone TT No Lot Acres 16837 1 14 0192 16837 2 9 0725 16837 3 16837 4 10 0996 16837 5 6 8190 16837 6 16837 8 9 10 16837 12 10 5072 16837 13 14 6914 1881 9 10 7640 7 2772 8 11 4382 93 Memo Total the Special Tax A shall not Notwithstanding the above the City Council for purposes of levying the sum ofall classify an Assessor s Parcel as Exempt Property if such classification would reduce Taxable Property within the applicable Zone to less than the acreage amounts described in Table 4 would Assessor s Parcels which cannot be classified as Exempt Property because such classification than the acreage reduce the Acreage of all Taxable Property within the applicable Zone to less will be and as Table 4 will be classified Provisional in Undeveloped Property amounts subject described to Special Tax A pursuant to Step Four in Section F December 5 2006 City of Chino Community Facilities District Improvement Area No 1 No 2005 1 EXHIBIT B Page 17 SECTION M APPEALS Any property owner claiming application ofthe Special Tax A or Special Tax B is written notice of appeal with the City Council not later than twelve months the first installment ofthe Special Tax A or Tax B that is A not correct may file after having paid that the amount or a Special disputed promptly appeal and if necessary meet with the property owner consider written and oral evidence regarding the amount ofthe Special Tax A or Tax B and rule on the Special 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 ofthe property owner a cash refund shall not be made except for the last year oflevy in the case ofthe Special Tax A but an adjustment shall be made to the Annual Special Tax A or Annual Special Tax B on that Assessor s Parcel in the subsequent Fiscal Year s representative s ofCFD No 2005 1 shall review the 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 ad valorem ordinary property taxes provided however that Improvement Area No 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 same time as City of Chino Community Facilities District No Improvement Area No 1 December 5 2006 2005 1 EXHIBIT B Page 18 RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO 2005 1 OF THE CITY OF CHINO IMPROVEMENT AREA NO 2 COLLEGE PARK for the levy and collection of following sets forth the Rate and Method of Apportionment Annual Special Tax A and Annual Special Tax B in Improvement Area No 2 of the City of Chino An Annual Special Tax A City Community Facilities District No 2005 1 CFD No 2005 1 and Annual Special Tax B shall be levied on and collected in Improvement Area No 2 ofCFD No 2005 1 each Fiscal Year in an amount determined through the application ofthe Rate and Method of Area No 2 unless Apportionment described below All of the real property within Improvement to the extent and in the exempted by law or by the provisions hereof shall be taxed for the purposes manner herein provided The SECTION A DEFINITIONS following meanings The terms hereinafter set forth have the dated as of September Acquisition Agreement means the Acquisition Agreement as it be amended between the City and SCC College Park LLC et aI may Acre Map Acreage or or if the land means area Final the land is not shown if the land Map be calculated by the City Engineer applicable area or on area of an Assessor s Parcel the Assessor is not shown s on Parcel the as Map shown on an the land applicable Final Map means Assessor s Parcel shown on the area as the Mello Roos Communities Facilities Act of 1982 as amended Division 2 of Title 5 ofthe Government Code of the State ofCalifornia Act 1 2006 by and the land area shall being Chapter 2 5 and necessary expenses allocable to the Special Tax A Requirement and to the Special Tax B Requirement which are incurred by the City onbehalf Area No 2 related to the determination ofthe amount ofthe levy of Special Tax A Administrative Expenses means any ordinary oflmprovement and Special Tax B the collection of Special collecting delinquencies the administration Tax A and Special of Bonds the including the expenses of of a proportional amount of Tax B payment salaries and benefits of any City employee whose duties are directly related to the administration of Improvement Area No 2 and costs otherwise incurred in order to carry out the authorized purposes ofCFD No 2005 1 relating to Improvement Area No 2 Annual Assessor Annual Assessor Special s means the Special Tax A actually levied in any Fiscal Year on any Tax B means the Special Tax B actually levied in any Fiscal Year on any Parcel Special s Tax A Parcel City ofChino Community Facilities Improvement December 5 2006 District No 2005 1 Area No 2 EXHIBIT B Page 1 Apartment Property means all Apartment Units are constructed Assessor s Assessor s Assessor In Parcels ofResidential s where cases an Apartment Property on which one or more Unit has been included in its own Parcel through the recordation ofa condominium map or similar instrument that creates individual lots for which building permits may be issued without further subdivision each and taxed Assessor Parcel associated with accordingly s a an individual lot created will be classified Builder Notice has been filed with the Parcel associated with and taxed Property unless an as City Apartment Property in which individual lot created will be classified as each case Single Family accordingly Apartment Unit means a available for rental the by dwelling unit within abuilding comprised ofattached residential units general public not for sale to an end user and under common management Approved Property Final that all Assessor means recorded s Parcels ofTaxable to the March 1 st i that Property Map prior preceding being levied and ii that have not been issued a building permit preceding the Fiscal Year in which the Special Tax A is being levied was Tax A is Assessor assigned Assessor by s Parcel Assessor s Assessor Assessor s s included in on or means an official map ofthe Assessor ofthe a Special before March means a lot or parcel ofland designated on an Assessor s Parcel Map with Parcel Number within the boundaries of Improvement Area No 2 Parcel Map s are the Fiscal Year in which the 1st an County designating parcels Parcel Number Parcel Number means that number assigned to an Assessor s Parcel by the County for purposes of identification Assigned Annual Special Tax A means the Special Tax A ofthat name described in Section D name described in Section E below Annual Backup Special Tax A means the Special Tax A ofthat as Series 2006 Local below Bonds means those bonds denominated Facilities District No 2005 1 ofthe the original aggregate principal City of Chino Improvement amount not to exceed Agency Bonds of Community Area No 2 30 000 000 or College Park any refunding thereof in to which proceeds of Special Tax A have been pledged Builder Notice means a owner ofthe Assessor stating that residential Final Map s certified written notice to the Finance Director ofthe City filed by the Parcels within a Final uses other than Map at or prior to the time the Final Map is recorded Apartment Units are planned to be constructed within such area Building Square Footage exclusive of garages or building permit application City ofChino Community Facilities Improvement Area No or BSF means the square footage ofassessable internal living space as living space as determined by reference to the Parcel and subject to verification by City Staff other structures not used for such Assessor s December 5 2006 District No 2005 1 2 EXHIBIT B Page 2 Calendar Year means the 1 of any year and period commencing January ending the following December 31 CFD No 2005 1 means Community Facilities District No 2005 1 established by the City under the Act City Council means CFD No 2005 1 County or means City Council ofthe City of Chino acting as the Legislative Body County of San Bernardino included in Developed Property means all Assessor sstParcels ofTaxable Property that i Final Map that was recorded prior to March 1 preceding the FiscalYear in which the Special are building permit was issued on or before March Special Tax A or Special Tax B is being levied is being levied and ii in which the Exempt Property and Special Tax B a all Assessor means as Final Map means adjustment pursuant provided a of designee its the the s Parcels designated as 1 st a Tax A preceding the Fiscal Year being exempt from Special Tax A for in Section L subdivision of property by recordation ofa final map to the Subdivision parcel map or lot line Map Act California Government Code Section 66410 et plan pursuant to California Civil Code 1352 that creates seq or recordation of a condominium individual lots for which building permits may be issued without further subdivision Fiscal Year means Improvement the Section C that on Maximum on as Area No 2 ofCFD No 2005 1 as identified on amended the Maximum Special Property Tax B determined in accordance with be levied by CFD No 2005 1 within Improvement Area No 2 in any Fiscal Year can any Assessor Improvement ending the following June 30 Tax A determined in accordance with CFD No 2005 1 within Improvement Area No 2 in any Fiscal Year means Parcel ofTaxable s Special Section I that Tax A be levied by can any Assessor means for CFD No 2005 1 Special 1 of any year and period commencing July Area No 2 boundary map Maximum the s Tax B means the Maximum Parcel of Developed Non Residential Property building permit was issued means Special Property all Assessor s Parcels of for any type of non residential Developed Property for which a use Partial Prepayment Amount means the amount required to prepay aportion ofthe Special Tax A obligation for an Assessor s Parcel as described in Section H Amount means the amount required to prepay the Special Tax A obligation in full Prepayment for an Assessor s Parcel as described in Section G Tax A levy to the Proportionately means for Special Tax A that the ratio ofthe Annual Special Assessor s Parcels In the case applicable Assigned Annual Special Tax A is equal for all applicable City of Chino Community Facilities Improvement December 5 2006 District No 2005 1 Area No 2 EXHIBIT B Page 3 of Special Tax B that the ratio ofthe Annual Special Tax B levy to the applicable Maximum In case of Developed Property subject Special equal applicable to the apportionment ofthe Annual Special Tax A under step three of Section F Proportionately means that the quotient of a Annual Special Tax A less the Assigned Annual Special Tax A divided b the by Backup Annual Special Tax A less the Assigned Annual Special Tax A is equal for all applicable Assessor s Parcels means Tax B is for all Assessor Parcels s Provisional Undeveloped Property means all Assessor s Parcels ofTaxable Property subject to Tax A that would otherwise be classified as Exempt Property pursuant to the Special provisions of Section L but cannot be classified as Exempt because to do so wouldreduce the Property Acreage of all Taxable Property within the Zone below the minimum set forth in applicable required Acreage Section L Residential permit Property means all Assessor s Parcels ofDeveloped Property for which a building has been issued for purposes of constructing one or more residential dwelling units Services services permitted under the Mello Roos Community Facilities Act of 1982 without limitation maintenance of parks parkways and open space flood and storm including services the protection operation of storm drainage systems and public safety services All ofthe services financed must be provided within the boundaries of or for the benefit ofCFD No 2005 1 means Single Family Property Apartment Property Single Family Unit means means a all Assessor Parcels of Residential s dwelling unit other than an Apartment Property other than Unit Special Tax A means any ofthe special taxes authorized to be levied on Taxable Property within Improvement Area No 2 by CFD No 2005 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 Property to fund the Special Tax B Requirement Assessor s Parcel of Developed Special Tax A Requirement means the amount required in any Fiscal Year to pay i the debt 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 service B or the 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 fees authorized accumulation offunds for the by CFD No 2005 1 and inclusion of such amount does not Property other as set forth in periodic costs as acquisition or construction of facilities or payment of required by the Acquisition Agreement provided that cause an increase in the levy of Special Tax on the Undeveloped Step on Two ofSection F less vi any amount available to pay debt service or 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 ofCFD No City of Chino Community Facilities Improvement December 5 2006 District No 2005 1 Area No 2 EXHIBIT B Page 4 2005 1 in both the current Fiscal Year and the next Fiscal Year The costs ofservices to be covered shall be the direct costs for i Services and ii Administrative Expenses apportioned between funds available to reduce the Annual Special Special Tax A and Special Tax B less iii a credit for Administrator Under no circwnstances shall the Tax B levy if any as determined by the CFD Tax B Requirement include funds for Bonds Special Taxable Property Exempt Property means all Assessor s Parcels within Improvement Area No 2 which are not Taxable Property Undeveloped Property means all Assessor s Parcels of or Provisional Undeveloped Property Developed Property Approved Property which are not within Improvement AreaNo 2 depicted on the approved The tentative map nwnber 16838 and shown on the recorded boundary map for CFD No 2005 1 Zones may be amended and replaced when the recordation of master tentative map nwnber 16838 to the issuance of Bonds secured by Assessor s Parcels occurs the recordation occurs Zone means a separate geographic area prior provided within Improvement Area No 2 A Zone is designated Zone TT No Lot 12 13 20 21 23 16838 24 25 28 16838 26 27 16838 30 16838 29 16838 10 11 16838 9 16838 8 16838 5 6 7 16838 4 16838 16 17 18 14 15 16838 22 16838 31 16838 1 TT No 16838 Lot 2 and Lot 3 City ofChino Community Facilities Improvement the boundary map as one of the following s 16838 16838 on 19 are exempt from CFD 2005 1 special taxes December 5 2006 District No 2005 1 Area No 2 EXHIBIT B Page 5 SECTION B CLASSIFICATION OF ASSESSOR S PARCELS Each Fiscal Year beginning with Fiscal Year 2007 08 each Assessor s Parcel within Improvement as Taxable Property or Exempt 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 Approved Property Undeveloped Property and Provisional Undeveloped Property shall be classified as being within an applicable Zone If an Assessor s Parcel of Approved Property Undeveloped Property or Provisional Undeveloped Property is located within more than one Zone it shall be deemed to be entirely within the Zone in which the largest portion of its is located In addition each Assessor s Parcel of Acreage Developed Property shall further be classified as Residential Property or Non Residential Property Lastly each Assessor s Parcel of Residential Property shall further be classified as Single Family Property or Apartment Property and the Building Square Footage of each Single Family Unit or Apartment Unit within each such Area No 2 shall be classified Assessor s Parcel shall be determined SECTION C MAXIMUM SPECIAL TAX A 1 Developed Property The Maximum Special Tax A for each Assessor s Parcel of 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 TAXA 1 Developed Property Each F iscal Year each Assessor s Non Residential Parcel of Single Property shall be subject Assigned Annual Special Tax A applicable Family Property Apartment Property or Assigned Annual Special Tax A The to an Assessor s Parcel of Developed Property to an shall be determined pursuant to Table I below City ofChino Community Facilities District No Improvement Area No 2 December 5 2006 2005 1 EXHIBIT B Page 6 TABLEl ASSIGNED ANNUAL SPECIAL TAX A RATES FOR DEVELOPED PROPERTY Land Use Tvne Buildine Square Foota2e 1 307 per Unit Single Family Unit 1 199 1 432 per Unit Single Family Unit 1 200 1 349 1 557 per Unit Single Family Unit 1 350 1 683 per Unit 1 809 per Unit 499 1 Single Family Unit 1 500 1 649 Single Family Unit 1 650 1 799 1 936 per Unit Single Family Unit 1 800 1 949 2 063 Der Unit Der Unit Der Unit Single Family Unit 1 950 2 099 2 191 Single Family Unit 2 100 2 249 2 319 Single Family Unit 2 250 2 399 Single Family Unit Single Family Unit 2 400 2 549 2 575 per Unit 2 550 2 699 2 702 per Unit Single Family Unit Single Family Unit 2 700 2 849 2 831 per Unit 2 850 2 999 2 958 ner Unit Single Family Unit Single Family Unit 3 000 3 149 3 087 Der Unit 3 150 3 299 3 214 Der Unit Single Family Unit Single Family Unit 3 300 3 449 3 347 per Unit 3 450 3 599 per Unit Single Family Unit Single Family Unit 3 600 3 749 3 614 per Unit 3 750 3 899 3 747 per Unit Unit 3 900 4 049 3 881 per Unit Single Family Unit 4 050 4 199 4 016 per Unit Single Family Unit 4 200 4 349 4 153 per Unit per Single Family per Unit 447 2 481 3 Single Family Unit 4 350 4 499 4 291 Single Family Unit 4 500 4 649 4 429 per Unit Single Family Unit Single Family Unit 4 650 4 799 4 568 per Unit 4 800 4 949 4 709 per Unit Family Unit 4 950 5099 4 849 per Unit Single Family Unit 5 100 5 249 4 991 per Unit Single Family Unit 5 250 5 399 5 132 per Unit 5 276 per Unit Single 5 400 and Single Family Unit over Apartment Unit 850 Apartment Unit 1 050 1 049 or Greater 898 per Unit ner Unit 1 077 Der Unit 6 068 N A Non Residential ProDerty Unit 982 Less than 850 Apartment Unit 2 Rate 1 050 Single Family Less than 1 050 Unit per Acre Approved Property Undeveloped Property and Provisional Undeveloped Property Each Fiscal Year each Assessor Provisional s Parcel of Approved Undeveloped Property City of Chino Community Facilities District Improvement Area No 2 shall be subject to Property Undeveloped Property an Assigned Annual Special and Tax A December 5 2006 No 2005 1 EXHIBIT B Page 7 The Assigned Annual Special Tax A rate for an Assessor s Parcel classified as Approved Property Undeveloped Property or Provisional Undeveloped Property shall be determined pursuant to Table 2 below Table 2 ASSIGNED ANNUAL SPECIAL TAXA RATES FOR APPROVED PROPERTY UNDEVELOPED PROPERTY AND PROVISIONAL UNDEVELOPED PROPERTY Zone TT No Lot Rate 16838 12 13 20 21 23 22 469 per Acre 16838 24 25 28 27 018 16838 26 27 27 653 16838 30 29 971 16838 29 24 010 16838 10 11 20 306 16838 9 16 002 16838 8 20 719 16838 5 16838 4 16838 16 17 18 6 7 22 256 26 591 19 22 184 16838 14 15 22 605 16838 22 20 310 16838 31 29 530 16838 1 11 179 SECTION E BACKUP ANNUAL SPECIAL TAX A 1 Single Family Property and Apartment Property Assessor with Apartment Units having their own Parcels s At the time Map is recorded the City shall determine which Zone the Final Map area lies Backup Annual Special Tax A for all Assessor s Parcels classified or reasonably expected to be classified as Single Family Property or Apartment Property with Apartment Units each having their own Assessor s Parcel within such Final Map area shall be determined by multiplying the Maximum Special Tax A rate for Undeveloped Property for the applicable Zone by the total Acreage of Taxable Property excluding the Provisional Undeveloped 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 Single Family Units or Apartment Units reasonably expected to be constructed within such Final Map area a Final within and the If the Final Map area described in the preceding paragraph lies within more than one Zone the City Acreage Property excluding the Provisional Undeveloped in such Final any Map area and any Acreage reasonably expected to be shall determine the total Property Acreage if City ofChino Community Facilities Improvement Area No of Taxable December 5 2006 District No 2005 1 2 EXHIBIT B Page 8 and within each Zone Exempt Property if any in the portion of the Final Map area Tax A rate for Undeveloped multiply such respective Acreage amounts by the Maximum Special sentence shall be summed Property for each Zone The amounts determined in the preceding and divided by the total number of Single Family Units or Apartment Units reasonably classified together expected 2 as to be constructed within such Final Map Non Residential own Assessor At the time a s Property or area Apartment Property with Apartment Units not having their Parcel Final Map is recorded the City shall determine which Zone the Final Map lies within expected to be classified as Non Residential Property or Apartment Property with Apartment Units not having their own Assessor s Parcel within such Final Map in such Zone shall be determined by multiplying the total the Maximum Special Tax A rate for Undeveloped Property for the applicable Zone by Acreage of Taxable Property in such Zone excluding the Provisional Undeveloped Property to be classified as Acreage if any in such Final Map area and any Acreage reasonably expected and the Backup Annual Special Tax A for all Assessor s Parcels classified or reasonably Exempt Property City Undeveloped shall determine the total Acreage Property excluding be area and such Final if in Map any Acreage reasonably expected to Property Acreage any within each Zone and classified as Exempt Property if any in the portion of the Final Map area Tax A rate for Undeveloped multiply such respective Acreage amounts by the Maximum Special sentence shall be summed Property for each Zone The amounts determined in the preceding the Backup Annual Special together and divided by the number of acres for purpose of determining Ifthe Final Map area described in the preceding paragraph lies within more than one Zone the the Provisional of Taxable Tax A rate per acre If a Final Map includes Assessor s Parcels which are classified or will be classified as Residential Special Tax A for each Assessor s of Parcel which is classified or will be classified as Residential Property shall be computed exclusive Property and Non Residential Property the allocable as Annual s Parcels classified or to be classified Property as either foregoing ifAssessor s Parcels which are classified or to be classified ofa lot Property or Non Residential Property are subsequently changed by recordation Notwithstanding line Backup portion oftotal Acreage attributable to Assessor Non Residential Residential then the adjustment Annual Special the similar instrument then the Backup Tax A shall be recalculated and reapportioned within the area that has been changed Annual Tax A that would have been generated if the amount of Final Map but shall still equal such did not take change amendment new Final Map or Special Backup place SECTION F METHOD OF APPORTIONMENT OF THE ANNUAL SPECIAL TAX A Commencing Fiscal Year 2007 Annual Special Tax A in accordance with the City of Chino Community Facilities District Improvement Area No 2 subsequent Fiscal Year following steps 08 and for each the City Council shall levy December 5 2006 No 2005 1 EXHIBIT B Page 9 Step One The Annual Tax A shall be levied Proportionately on each Assessor Property at up to 100 ofthe applicable Assigned Annual Special ofDeveloped A rates in Table 1 to s Parcel Special satisfy the Special Tax A Tax Requirement Step Two The Annual 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 on each Assessor s Parcel of Proportionately Undeveloped Property up to 100 of the Assigned Annual Special Tax A for Undeveloped Property applicable to each such Assessor s Parcel as needed to the Special Tax A satisfy Special Tax A shall be levied Proportionately on each Assessor s Parcel ofApproved Property at up to 100 ofthe applicable Assigned Annual Special Tax A rates in Table 2 to satisfy the Special Tax A Requirement Requirement 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 whose Maximum Tax is the Special Backup Proportionately from the Assigned Annual Special Tax A up to 100 ofthe Backup Annual Special Tax A as needed to satisfy the Special Tax A Requirement Annual Step Five Special Tax A shall be increased 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 ofProvisional Undeveloped Property up to 100 ofthe 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 TAXA The following definition applies to Outstanding Bonds this Section G all Bonds previously issued and secured by the levy of Special Tax A 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 ofMaximum prepayments Special Tax A means which will remain Prepayment The Special Tax A obligation of an Assessor s Parcel ofDeveloped Property Approved Property an Assessor s Parcel of Undeveloped Property and an Assessor s Parcel ofProvisional 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 would be obligation prepaid The Prepayment Amount for an Assessor s Parcel eligible for prepayment shall be determined City ofChino Community Facilities Improvement as described below December 5 2006 District No 2005 1 Area No 2 EXHIBIT B Page 10 the An owner of an Assessor s Parcel intending to prepay the Special Tax A obligation shall provide shall of of such notice the City City with written notice ofintent to prepay and within 5 days receipt determined to cover the cost to be notify such owner ofthe amount ofthe non refundable deposit Area No 2 in calculating the proper amount of a prepayment Within 15 incurred days by Improvement of receipt of such non refundable amount ofsuch Assessor The for each following formula the City shall notify such owner of the prepayment Parcel s Prepayment Amount deposit applicable Assessor s Parcel shall be calculated according to the capitalized terms defined below Payoff Amount plus Administrative Fee equals Prepayment As ofthe date of prepayment the 1 Amount Prepayment Amount shall be calculated as follows Developed Property and Provisional Tax A Undeveloped Property compute the Assigned Annual Special of Approved applicable to the Assessor s Parcel For an Assessor s Parcel A as Tax though it was Property compute the Assigned Annual Special 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 for that Assessor s Parcel building permit issued or expected to be issued For Assessor an Parcel s of Developed Property Approved Property be Undeveloped Property or Provisional Undeveloped Property to prepaid Tax A compute the present value ofthe remaining Annual Assigned Special the interest weighted average payments using a discount rate that is equal to For each Assessor rate on Bonds s Parcel of Outstanding Bonds and the remaining term determined by a Financial Advisor selected by the prepayment that occurs prior 2 the to the first issuance ofBonds the discount rate used in this calculation shall be 6 0 the Outstanding City For any ofthe and the term shall be 30 years This is Payoff Amount Developed Property Approved Property be Undeveloped Property or Provisional Undeveloped Property to prepaid divide the Assigned Annual Special Tax A computed pursuant to the first s Parcel by the paragraph in paragraph 1 ofthis Section G for such Assessor to all sum of the estimated Assigned Annual Special Tax applicable determined Assessor s Parcels of Taxable Property at buildout as reasonably For each Assessor s Parcel of by the City 3 the Outstanding quotient computed pursuant to paragraph 2 by The product shall be the Bond Redemption Amount Multiply Bonds City of Chino Community Facilities District Improvement Area No 2 the December 5 2006 No 2005 1 EXHIBIT B Page 11 4 Multiply premium the Bond Redemption Amount by the applicable redemption Outstanding Bonds to be redeemed with the proceeds Redemption Amount This product is the Redemption if any of the Bond on the Premium 5 Compute the amount needed to pay interest to be redeemed with the call date for the 6 Determine proceeds Outstanding Bonds the ofthe on the Bond Redemption Amount Prepayment Amount until the earliest of interest earnings to be derived from the Redemption Amount plus the Redemption Premium in State and Local Government Series Treasury Obligations until the earliest call date for the Bonds Outstanding amount reinvestment of the Bond 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 prepayment the costs of evidence administrative fees and expenses associated with the the costs of computation ofthe Prepayment Amount including redeeming Bonds the and the costs of recording any notices to redemption This amount is the and the prepayment Administrative Fee 11 9 Calculate the Reserve Fund Credit the lesser of the expected applicable reserve requirements if any associated with the redemption of Outstanding Bonds as a result ofthe prepayment or b the amount derived by subtracting the new reserve requirements in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the applicable reserve funds on the prepayment date the reserve if the fund Notwithstanding foregoing requirement is satisfied by as a reduction in the a surety bond or other instrument at the time of the prepayment then no given Notwithstanding the foregoing the Reserve Fund Credit shall be Reserve Fund Credit shall in 10 no The Amount to Call Bonds Amount the Redemption Reserve Fund Credit is event be less than equal to Premium The Prepayment sum ofthe Bond Redemption and the Defeasance Cost less the the Amount to Call Bonds will be transferred to the debt service fund and used to defease 11 the zero Amount is the or sum call bonds 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 bond fiscal agent agreement City ofChino Community Facilities Improvement or escrow call bonds pursuant to the agreement the Administrative Fee or December 5 2006 District No 2005 1 Area No 2 EXHIBIT B Page 12 will be transferred to the Administrative Fund or functionally equivalent fund or account to the fiscal agent agreement and used to pay pursuant administrative expenses the remainder will be transferred to the Surplus Fiscal Taxes Fund or functionally equivalent fund or account pursuant to the agent agreement the City With respect to the Special Tax A obligation that is prepaid pursuant to this Section G a of Council shall indicate in the records ofImprovement Area No 2 that there has been prepayment with the the Special Tax A obligation and shall cause a suitable notice to be recorded in compliance ofthe Special Act within thirty 30 days of receipt ofsuch prepayment to indicate the prepayment Parcel and the s lien on such Assessor and the release of the Special Tax A Tax A obligation obligation of such Assessor s Parcel to pay such Special Tax A shall cease of Tax A Special prepayment will be allowed unless the amount of Administrative Expenses that may be levied on Taxable Property after such full prepayment net and annual interest scheduled principal payments on all shall be at least 1 1 times the regularly Notwithstanding the foregoing currently Outstanding no Bonds in each future Fiscal Year City of Chino Community Facilities District Improvement Area No 2 December 5 2006 No 2005 1 EXHIBIT B Page 13 SECTION H PARTIAL PREP AYMENT OF ANNUAL SPECIAL TAX A The Special Tax A obligation of an Assessor s Parcel of Developed Property or Provisional Undeveloped Property or an Assessor s Parcel of Approved Property or 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 that there are no delinquent Special Tax A penalties or prepaid provided interest charges outstanding with respect to such Assessor s Parcel at the time the Special Tax A obligation would be partially prepaid The Partial Prepayment Amount shall be calculated PP The terms above have the PP the Partial PG the F PG X according to the following formula F following meanings Prepayment Amount Prepayment Amount calculated according to Section G the percent by which the owner ofthe Assessor s Parcel is partially prepaying the Special Tax A obligation With respect to any Assessor s Parcel that is partially prepaid the records of Improvement Area No 2 that there has been a City Council shall indicate in the partial prepayment ofthe Special Tax A and shall cause a suitable notice be obligation to recorded in compliance with the Act within thirty 30 days ofreceipt ofsuch partial prepayment ofthe Special Tax A obligation to indicate the partial prepayment ofthe Special Tax A obligation and the partial release ofthe Special Tax A lien on such Assessor s Parcel and the obligation of such Assessor s Parcel to pay such prepaid portion ofthe Special Tax A shall Notwithstanding cease 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 ofAdministrative 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 City ofChino Community Facilities District No Improvement Area No 2 December 5 2006 2005 1 EXHIBIT B Page 14 SECTION I MAXIMUM SPECIAL TAX B 1 Developed Property The Maximum Special Tax B for each Assessor each Land Use Type is shown below in Table 3 s Parcel of Developed Property for TABLE 3 Maximum Land Use Tvoe Tax B for Developed Property Rate Building Square Footage Special Unit Less than 1 050 867 per 1 050 1 199 950 per Unit 1 200 1 349 1 033 per Unit Single Family Unit 1 350 1 499 1 116 per Unit Single Family Unit 1 500 1 649 1 200 per Unit Single Family Unit Single Family Unit 1 650 1 799 1 284 per Unit 1 800 1 949 1 370 per Unit Single Family Unit Single Family Unit 1 950 2 099 1 455 per Unit 2 100 2 249 1 539 per Unit Single Family Unit 2 250 2 399 1 624 per Unit Single Family Unit 2 400 2 549 1 709 per Unit per Unit Single Family Unit Single Family Unit Single Family Unit Single Family Unit 2 550 2 699 1 794 Family Unit 2 700 2 849 1 879 per Unit Single Family Unit 2 850 2 999 1 964 per Unit 3 000 3 149 2 048 per Unit 3 299 2 134 per Unit Single Single Family Unit Single Family Unit 3 150 Unit 3 300 Single Family Single Family per Unit 2 310 per Unit per Unit 449 3 450 3 Unit 2 221 3 599 Single Family Unit 3 600 3 749 2 398 Single Family Unit 3 750 3 899 2 488 per Unit Single Family Unit Single Family Unit 3 900 4 049 2 576 per Unit 4 050 4 199 2 667 per Unit Unit 4 200 4 349 2 757 per Unit Single Family Unit 4 350 2 848 per per Unit Single Family 499 4 Unit Single Family Unit 4 500 4 649 2 939 Single Family Unit 4 650 4 799 3 032 per Unit Single Family Unit Single Family Unit 4 800 4 949 3 125 per Unit 4 950 5099 3 218 per Unit Single Family Unit Single Family Unit 5 100 5 249 3 312 per 5 250 5 399 Single Family Unit 5 400 and oyer 406 3 3 502 Unit per Unit per Unit Apartment Unit Less than 850 596 per Unit Apartment Unit 850 1 049 652 per Unit 715 per Unit 4 028 per Acre Apartment Unit 1 050 greater N A Non Residential Property City of Chino Community Facilities District Improvement Area No 2 or December 5 2006 No 2005 1 EXHIBIT B Page 15 2 Approved Property Property Undeveloped Property and Provisional Undeveloped No Special Tax B shall be levied on Approved Property Undeveloped Property Provisional Undeveloped Property 3 and Method of Apportionment ofthe Maximum Special Tax B Commencing with Fiscal Year 2007 08 and for each following Fiscal Year the City shall levy the Special Tax B at of the applicable Maximum up to 100 Special Tax B Proportionately on each Assessor s Parcel of Developed Property until the amount of Special Tax B equals the Special Tax B Requirement SECTION J PREP AYMENT OF ANNUAL SPECIAL TAX B Tax B cannot be prepaid Special SECTION K TERM OF SPECIAL TAX A AND SPECIAL TAX B Under no circumstances will the Special Tax A or the Special Tax B levied against any including without limitation any Assessor Parcel used as a private residence be increased as a consequence of delinquency or default by the owner of any Assessor s Parcel or Parcels within any other Improvement Area ofCFD No 2005 1 ofthe City ofChino other than for delinquencies or defaults within this Improvement Area 2 Assessor For that s Parcel with the first Fiscal Year that any Bonds are outstanding and terminating in the first Fiscal Year when no Bonds are outstanding and for no other periods Special Tax A shall be levied on all Assessors Parcels to such Tax A Provided period commencing subject Special Area 2 remains Special Improvement uncollected prior to or after all Bonds are retired Special Tax A may continue to be levied to the extent necessary to reimburse CFD No 2005 1 for uncollected Special Tax A for that Area but not later than the 2046 47 Fiscal Year Improvement however if any delinquent Special Tax B shall be levied Tax A attributable to as long as it is needed to City Council meet the determined at the sole discretion of the Special Tax Requirement B as SECTION L EXEMPTIONS The City shall classify Exempt Property within the applicable Zone as i Assessor s Parcels which 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 are owned by City of Chino Community Facilities Improvement December 5 2006 District No 2005 1 Area No 2 EXHIBIT B Page 16 taxes because they are places of worship and are exempt from ad valorem property offered owned by a religious organization iii Assessor s Parcels which are owned by irrevocably iv Assessor s for dedication encumbered by or restricted in use by a homeowners association other than the Parcels with public or utility easements making impractical their utilization for v Assessor s Parcels which are privately owned and are purposes set forth in the easement other types of public uses determined by encumbered by or restricted solely for public uses or vi that no such the City Council provided for purposes of levying the Special Tax A only provided Zone to less than classification would reduce the sum of all Taxable Property within the applicable which the are used as following Acres described in Table 4 Table 4 MINIMUM TAXABLE ACRES Zone TT No Lot Acres 16838 12 13 20 21 23 6 5529 16838 24 25 28 7 8784 16838 26 27 9 9430 16838 30 10 1207 16838 29 8 3623 16838 10 11 16838 9 16838 8 5 5104 16838 5 6 7 7 9934 16838 4 9 9262 16838 16 17 18 16838 14 15 4507 2 16838 22 4758 7 16838 31 7 5805 16838 1 7 5808 10 3667 2324 8 9 2198 19 119 1940 Memo Total of levying the Special Tax A shall not Notwithstanding the above the City Council for purposes if such classification would reduce the sum of all classify an Assessor s Parcel as Exempt Property described in Table 4 Taxable Property within the applicable Zone to less than the acreage amounts such classification would Assessor s Parcels which cannot be classified as Exempt Property because than the acreage reduce the Acreage of all Taxable Property within the applicable Zone to less and will be amounts described in Table 4 will be classified as Provisional Undeveloped Property subject to Special Tax A pursuant to Step Four in Section F December 5 2006 City of Chino Community Facilities District Improvement Area No 2 No 2005 1 EXHIBIT B Page 17 SECTION M APPEALS Any property owner claiming that the amount or application ofthe 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 ofthe Special Tax A or Special Tax B that is disputed A representative s ofCFD No 2005 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 Tax B and rule on the Special appeal Ifthe representative s decision requires that the Special Tax A or Special Tax B for an Assessor s Parcel be modified or changed in favor ofthe property owner a cash refund shall not be made except for the last year oflevy in the case ofthe Special Tax A but an adjustment shall be made to the Annual Special Tax A or Annual Special Tax B on that Assessor s Parcel in the subsequent Fiscal Year s 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 ordinary ad valorem property taxes provided however that Improvement Area No 2 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 same time as City ofChino Community Facilities District No Improvement Area No 2 December 5 2006 2005 1 EXHIBIT B Page 18 RESOLUTION NO 2006 107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO CALIFORNIA DECLARING ITS INTENTION TO INCUR BONDED INDEBTEDNESS FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO 2005 1 OF THE CITY OF CHINO the City Council has this date adopted its resolution entitled A Resolution Establish of the City Council of the City of Chino California Declaring Its Intention To Authorize The Levy Of Community Facilities District No 2005 1 Of The City Of Chino And To Facilities District No 2005 1 of Special Taxes Therein stating its intention to form Community Roos the City of Chino the CFD consisting of two improvement areas pursuant to the Mello of Part 1 of 2 5 amended the Act Facilities Act of 1982 as being Chapter WHEREAS Community Division 2 of Title 5 of the California Government Code for the purpose of financing the Facilities and to provide acquisition and or construction of certain public improvements the as permitted by the for the cost of public safety and other municipal services within the CFD Act as further provided in said resolution and WHEREAS the City Council estimates the amount required for the acquisition and 58 000 000 construction of the Facilities to be the sum of Fifty Eight Million Dollars WHEREAS indebtedness Improvement NOW in order to in the aggregate Areas 1 and 2 THEREFORE finance the amount of Facilities Sixty BE IT RESOLVED by it is necessary Nine Million Dollars the City Council of the or incur bonded for 69 000 000 to City of Chino as follows boundaries of the necessary to incur bonded indebtedness within the 69 000 000 in order to to Nine Million Dollars of up Sixty proposed CFD in the amount two to allocated the be improvement areas as follows among finance the cost of the Facilities 2 38 000 000 Improvement Area 1 31 000 000 and Improvement Area 1 It is The bonded indebtedness is proposed to be incurred for the purpose of financing to be costs or the fees the cost of the Facilities including acquisition and improvement and all costs incidental to or connected with the collected for such improvements as permitted by Section 53345 3 accomplishment of said purposes and of the financing thereof 2 of the Act This City Council acting as the legislative body for the CFD intends to authorize the issuance and sale of bonds in series from time to time in the maximum aggregate principal 69 000 000 bearing interest payable semi amount of not to exceed Sixty Nine Million Dollars at a rate not to exceed annually or in such other manner as this City Council shall determine of such the maximum rate of interest as may be authorized by applicable law at the time of sale not to exceed thirty 30 years from the date of the issuance of said bonds bonds and 3 maturing or series thereof Central On January 16 2007 at 7 30 P M in the City Council Chambers 13220 conduct a the CFD shall as for Avenue Chino California this City Council legislative body determine whether consider and finally public hearing on the proposed debt issuance and will the public interest convenience and necessity require the issuance of bonds of the CFD 4 Resolution No 2006 107 Page 5 2 The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation which is circulated within the CFD boundaries The publication of said notice shall be completed at least seven 7 days before the date herein set for said public hearing Said notice shall be in the form set forth in Section 53346 of the Act Notice shall also be mailed to each landowner 6 held on This Resolution shall take effect upon its PASSED AND ADOPTED by the the 5th day of December 2006 City adoption Council of the City of Chino at a regular meeting DENNIS R YATES MAYOR ATTEST LENNA J TANNER CITY CLERK STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO SS CITY OF CHINO I foregoing LENNA J TANNER Resolution was duly Chino held on the 5th City Clerk of the City of Chino HEREBY DO CERTIFY that the adopted at a regular meeting of the City Council of the City of of December 2006 by the following roll call vote day AYES COUNCILMEMBERS NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS LENNA J TANNER CITY CLERK 1 MEMORANDUM CITY OF CHINO CHINO POLICE DEPARTMENT COUNCIL MEETING DATE December 5 2006 TO GLEN ROJAS CITY MANAGER FROM EUGENE HERNANDEZ CHIEF OF POLICE SUBJECT PURCHASE ORDER DIGITAL CLOSED CIRCUIT TV SYSTEM UPGRADE RECOMMENDATION order in the amount of 46 785 94 to HCI Inc Riverside CA to enhance the current digital closed circuit TV CCTV system located in the west parking The purchase includes 3 additional surveillance lot of City Hall and the Police Facility cameras repairs to 1 existing camera relocation of 2 existing cameras and computer Approve a purchase hardware and software upgrades to support the use of this system FISCAL IMPACT None The 46 785 94 has been appropriated into a project account and will be reimbursed through funds from the Law Enforcement Terrorism Prevention Program LETPP City grant Approved Clerk AYES OY GO EE TH EU NOES OY GO EE TH EU ABSENT OY GO EE TH ABSTAIN DY GO EE TH EU EU Denied Continued Tabled COUNCIL MEETING DATE DECEMBER 5 2006 SUBJECT PURCHASE ORDER DIGITAL CLOSED CIRCUIT TV SYSTEM UPGRADE PAGE 2 BACKGROUND Z MEMORANDUM CITY OF CHINO PUBLIC WORKS DEPARTMENT COUNCIL MEETING DATE TO GLEN ROJAS CITY MANAGER FROM PATRICK J DECEMBER 5 2006 GLOVER DIRECTOR OF PUBLIC WORKS LJ CITY ENGINEER SUBJECT 4552 RIVERSIDE DRIVE RIGHT OF WAY DEDICATION SCUP 2006 19 ROLANDO MUNOZ RECOMMENDATION of way dedication for Drive for SCUP 2006 19 Accept the right public street and utility purposes at 4552 Riverside FISCAL IMPACT None City Approved Clerk AYES DY GO EE TH EU NOES DY GO EE TH EU ABSENT DY GO EE TH EU ABSTAIN DY GO EE TH EU Denied Continued Tabled COUNCIL MEETING DATE DECEMBER 5 2006 SUBJECT RIGHT OF WAY DEDICATION 4552 RIVERSIDE DRIVE SCUP 2006 19 ROLANDO MUNOZ PAGE 2 BACKGROUND On November 6 2006 the Planning Commission approved an ABC license at an existing restaurant Cas a Del Mar at 4552 Riverside Drive As part of the approval the property owner Rolando Munoz was required to dedicate a portion of the property for public street and utility purposes Exhibit A The and property owner has executed the dedication approved by Public Works Engineering staff documents which have been reviewed ISSUES ANALYSIS The San Bernardino County Recorder s include the requirement of City Council guidelines for recording right of way dedications acceptance by either resolution or minute action PJG SY jg Attachment Exhibit A EXHIBIT A PROP QSED RIGHT OF WAY DEDICATION to the CITY of CHINO for ROADWAY and PUBLIC UTILITY PURPOSES li LOT li PDR POR 83 LOT 52 198 0 I t j IVE 4552 RIVERSIDE D wi LOT z w wi Z w J I 7 i v f I Cl I 1 I V 0 U1 0 li1 f LOT I POR POR LOT 3 7 52 I r I PROPOSED 55 RIGHT OF Y AY I t i o Iri o 198 0 40 PER o v 15 t237 I h1 OF VI A Y MAP 3022 t426 0 I k j V RIGHT TRACT RIVERSIDE CITY OF CHINO FOR PUBLIC ROAD AND UTILITY PURPOSES L I DRI INDICATES 990 S F RIGHT OF WAY DEDICATION TO I SCALE 1 40 9 MEMORANDUM CITY OF CHINO PUBLIC WORKS DEPARTMENT COUNCIL MEETING DATE DECEMBER 5 2006 TO GLEN ROJAS CITY MANAGER FROM PATRICK J GLOVER DIRECTOR OF PUBLIC WORKSI CITY ENGINEER SUBJECT FINAL PARCEL MAP NO 16784 l 1 f CHALMERS CENTRAL LLC RECOMMENDATION 1 Approve final Parcel Map the necessary documents on No 16784 and 2 behalf of the authorize the City Manager to execute City FISCAL IMPACT None City Approved Clerk AYES DY GO EE TH EU NOES DY GO EE TH EU ABSENT DY GO EE TH EU ABSTAIN DY GO EE TH EU Denied Continued Tabled COUNCIL MEETING DATE DECEMBER 5 2006 SUBJECT FINAL PARCEL MAP NO 16784 CHALMERS CENTRAL LLC PAGE 2 BACKGROUND Parcel Map No 16784 comprised of two parcels on approximately two acres located south of Anderson Street at the southwest corner of Redwood Avenue and Daniels Street is presented by Chalmers Central LLC for Council action The map substantially conforms to Tentative Parcel Map No 16784 that was conditionally approved by the Planning Commission on December 6 2004 Exhibit A ISSUES ANALYSIS The requirements made at the time of the tentative map approval have been met The public improvements for this project have been constructed therefore no subdivision improvement agreement and securities are necessary PJG CLM jg Attachment Exhibit A PARCEL MAP 16784 A EXHIBIT UJ z UJ o o 1 UJ eA cee DANIELS tf STREET lS 00 co l r 00 f 30 00 J lS 00 I I I I PARCEL 2 PARCELl l I Z 0 PARCEL 11 PARCEL 10 25 00 t 0 4 r 2S 16783 MAP PARCEL I@ ii I P ii UJ U PARCEL MAP 16784 I I I I I I L L I LEGEND PARCEL LINE RECIPROCAL INGRESS EGRESS ACCESS EASEMENT I g t Iii 5 10 MEMORANDUM CITY OF CHINO PUBLIC WORKS DEPARTMENT COUNCIL MEETING DATE TO GLEN ROJAS CITY MANAGER FROM PATRICK J DECEMBER 5 2006 GLOVER DIRECTOR OF PUBLIC WORKSI r CITY ENGINEER SUBJECT FINAL TRACT MAP r NO 17147 HEARTHSTONE MULTI ASSET ENTITY B L P RECOMMENDATION Final Tract Map No 17147 2 approve the Subdivision Improvement authorize the City Manager to execute the necessary documents on Approve Agreement and 3 behalf of the City 1 FISCAL IMPACT None Approved City Clerk AYES DY GO EE TH EU NOES DY GO EE TH EU ABSENT DY GO EE TH EU ABSTAIN DY GO EE TH EU Denied Continued Tabled COUNCIL MEETING DATE DECEMBER 5 2006 SUBJECT FINAL TRACT MAP NO 17147 ENTITY B L P HEARTHSTONE MULTI ASSET PAGE 2 BACKGROUND Tract Map No 17147 comprised of 53 parcels 47 single family homes and 98 detached condominiums within motor court areas located on approximately 20 acres is presented by Hearthstone Multi Asset Entity B L P for Council action This tract is located within The Preserve Specific Plan area A small park and recreational area are also proposed within the development The map substantially conforms to Tentatiye Tract Map No 17147 that was conditionally approved by the Planning Commission on December 19 2005 Exhibit A ISSUES ANALYSIS The requirements made at the time of the tentative Improvement Agreement and securities Subdivision and found satisfactory map approval have been met The have been submitted and reviewed to guarantee the construction of public improvements Maintenance and operation of streets motor courts common landscape areas and facilities will be the responsibilities of Hearthstone s homeowners associations Streetlight maintenance and operation will be the responsibility of the master homeowners association established by Lewis Operation Corporation park recreational PJG CLM jg Attachment Exhibit A L rL L r c 8 1 1 I LI l @ PARK SITE I PARKS DE STREET r I e 51 J I I I I 52 u L SPENCE STREET y I 49 I r I r t L I I I I I 1 I I L I I 50 I J L J I frii N6J I I I Ll I 2il 1185 4 1JfI1 I 1 L I I 1 I em i GARDEN PARK STREIT II MEMORANDUM CITY OF CHINO PUBLIC WORKS DEPARTMENT DECEMBER 5 2006 COUNCIL MEETING DATE TO GLEN ROJAS CITY MANAGER FROM PATRICK J GLOVER DIRECTOR OF PUBLIC WORKSI CITY ENGINEER SUBJECT PURCHASE ORDER PARK BENCHES J r CITY PARK TRASH RECEPTACLES AND RECOMMENDATION purchase order to Dave Bang Associates Inc Tustin CA in the amount of to purchase of City park trash receptacles 2 award a purchase order CA the of 7 000 for T Beach in amount park PlayPower L Farmington Huntington bench replacement and 3 authorize the City Manager to execute all necessary documents on behalf of the City 1 Award a 40 174 for the FISCAL IMPACT None Sufficient funds are budgeted in fiscal year 2006 07 Approved City Clerk AYES DY GD EE TH EU TH EU NOES DY GD EE ABSENT DY GD EE TH EU ABSTAIN DY GD EE TH EU budget Denied Continued Tabled COUNCIL MEETING DATE DECEMBER 5 2006 SUBJECT PURCHASE ORDER CITY PARK TRASH BENCHES RECEPTACLES AND PARK PAGE 2 BACKGROUND The City s parks have over the years had different types of trash receptacles and park benches installed Many of the older parks have wooden benches and plain 55 gallon steel drums have been used for trash receptacles At the of the budget workshop for fiscal year 2006 07 City Council discussed the appearance parks and what could be done to improve them Council approved a park appearance improvement project to provide for a uniform standard that requires replacement of trash receptacles and park benches at ten of the City s parks in the amount of 74 965 City staff inspected the park locations to determine the park benches necessary to meet the uniform standard 134 domed lids and 26 park uniform appearance in our City parks receptacles number of trash receptacles and It was determined that 176 trash benches will be needed to create a quality ISSUES ANALYSIS Staff looked at different types and styles of trash receptacles and park benches that would meet the appearance standards mentioned at the It was budget workshop determined that an expanded metal rubber coated diamond pattern trash receptacle in the color blue with a recycled plastic gray dome lid would be the receptacle of choice City staff contacted four different vendors who supply trash receptacles and park benches Because of the type and style of the trash receptacles and park benches staff was not able to find only one vendor who could supply both items that matched the specifications This required staff to select two different vendors to purchase the items KAP peo MEMORANDUM CITY OF CHINO PUBLIC WORKS DEPARTMENT DECEMBER 5 2006 COUNCIL MEETING DATE TO GLEN ROJAS FROM PATRICK J CITY MANAGER GLOVER DIRECTOR OF PUBLIC WORKSI r CITY ENGINEER SUBJECT PURCHASE ORDER GPS TRACKING SYSTEM RECOMMENDATION 430 41 Award a purchase order to SecuraCom GPS Edgewater FL in the amount of of the documents on behalf the to the and authorize execute necessary City Manager City FISCAL IMPACT None City Sufficient funds are available in the FY 2006 07 Approved Clerk AYES DY GD EE TH EU NOES DY GD EE TH EU ABSENT DY GD EE TH EU ABSTAIN DY GD EE TH EU budget Denied for this purchase Continued Tabled COUNCIL MEETING DATE DECEMBER 19 2006 SUBJECT PURCHASE ORDER GPS TRACKING SYSTEM PAGE 2 BACKGROUND The City of Chino Public Works Department has 59 vehicles assigned to its fleet service These vehicles are used by staff to perform a wide variety of functions from carrying asphalt to lifting workers high into treetops Installing GPS tracking systems on these vehicles would provide a variety of benefits such as dispatching emergency response crews to incidents in the field locating employees to secure their safety in the event of a disaster and facilitating onsite contact with the A employees during system would also help public regarding City to reduce liability workday tracking exposure in response to questions from the vehicles ISSUES ANALYSIS Staff reviewed different vehicle tracking devices that would best service by identifying the location of Public Works vehicles in the help manage calls for City at any given time The City s Police vehicles have a vehicle that is tracking system currently being used by dispatchers to locate police vehicles Staff analyzed the Police Department s system and determined that adding the Public Works vehicles to that program would compromise its efficiency SecuraCom GPS offers the most efficient and cost effective tracking system available to meet the needs of the Public Works Department The GPS tracking device requires a module and antenna at a cost of 385 per vehicle and communicates by Cingular Wireless SIM cards For an additional cost of 35 per vehicle per month the City would have unlimited access to the tracking data SecuraCom GPS will also provide a three year warranty at no additional cost to the City The City s equipment mechanics will install and maintain the tracking devices on the City vehicles and SecuraCom will train staff in the use of the system and will provide technical support 24 hours a day seven days a week PJG KAP peo jg 3 MEMORANDUM COMMUNITY SERVICES DEPARTMENT CITY OF CHINO COUNCIL MEETING DATE DECEMBER 5 2006 TO GLEN ROJAS CITY MANAGER FROM TINA SRA Y DIRECTOR OF COMMUNITY SERVICES SUBJECT AWARD OF CONTRACT j7 CHINO COMMUNITY BUILDING EXTERIOR S1 AIR REPLACEMENT RECOMMENDATION Construction Chino Hills CA as Reject the bid as submitted by New Millennium Chino CA in the amount of 58 632 responsive 2 Award a contract to Lambard Enterprises 3 appropriate for the replacement of the exterior staircase at the Chino Community Building 4 authorize Fund and 26 095 from the unappropriated reserves of the Building Management the City Manager to execute the necessary documents non 1 FISCAL IMPACT Requires an appropriation Management Fund City of 26 095 the unappropriated Approved Clerk AYES from DY GD EE TH EU TH EU NOES DY GD EE ABSENT DY GD EE TH EU ABSTAIN DY GD EE TH EU Denied reserves Continued of the Tabled Building COUNCIL MEETING DATE December 5 2006 SUBJECT Award of Contract Chino Community PAGE 2 Building Exterior Stair Replacement BACKGROUND Included in the 2006 2007 Building Management Fund budget are funds to replace the exterior staircase on the south side of the Community Building Over the years the exposure of the wooden staircase to the elements has resulted in the deterioration of the staircase to the point where the staircase is unsafe and no longer in a usable condition In addition the staircase does not meet current Americans with Disabilities Act ADA and Title 24 standards for building design building exiting requirements ISSUES ANAL YSIS In order to address these issues plans were prepared for the complete replacement of the staircase The plans call for the removal of the existing staircase and the fabrication and installation of a steel staircase In order to meet current ADA and Title 24 standards the staircase has been designed with larger treads steps and will require an intermediate landing to facilitate access for individuals with disabilities The galvanized steel staircase will also be more resistant to the elements than a wooden staircase therefore minimizing long term maintenance Upon completion the staircase will provide a safer means of entering and exiting the second floor of the Community Building while also meeting all current building design standards A Notice Inviting Bids was published in local newspapers and building trade publications for the Chino Community Building Exterior Stair Replacement Project On October 12 2006 bids were received with the following results New Millennium Construction Lambard Enterprises 39 000 58 632 Construction Inc RND Works Inc 64 000 74 900 Braughton Staff reviewed the bid submitted by the apparent low bidder New Millennium Construction Chino Hills CA During the bid review process New Millennium informed the City that they had not included any provisions for bonding the project In addition the contractor indicated that they had not bid the correct steel specification and as a result their bid did not meet the project specifications As a result staff notified New Millennium that their bid would be considered non responsive and rejected by the City New Millennium has indicated that they would not protest the City s rejection of their bid Staff then reviewed the second lowest bid as submitted by Lambard Enterprises Chino CA including references licensing bonding and insurance capabilities and found them to be acceptable As a result of the contractor s ability to meet all bidding and bonding requirements staff is recommending award of the construction contract to Lambard Enterprises Chino CA in the amount of 58 632 00 Due to the modification of the staircase plans to meet current ADA and Uniform Building Code UBC of 26 095 from the requirements an additional unappropriated improvements TS MKlay reserves of the Building Management appropriation will be required Fund to fund the I MEMORANDUM CITY OF CHINO COMMUNITY SERVICES DEPARTMENT COUNCIL MEETING DATE DECEMBER 5 2006 TO GLEN ROJAS CITY MANAGER FROM TINA SRAY DIRECTOR OF COMMUNITY SERVICES SUBJECT CENTER FOR CIVIC PARTNERSHIPS GRANT APPLICATION j RECOMMENDATION approving the submittal of an application to the Center in California Healthy for Civic Partnerships indicating the City s support for participation to execute the necessary Cities and Communities and authorize the City Manager Adopt Resolution No 2006 116 documents FISCAL IMPACT None City Approved Clerk DY GD EE TH EU NOES DY GD EE TH EU ABSENT DY GD EE TH EU ABSTAIN DY GD EE TH EU AYES Denied Continued Tabled COUNCIL MEETING DATE DECEMBER 5 2006 SUBJECT CENTER FOR CIVIC PARTNERSHIPS GRANT APPLICATION PAGE 2 BACKGROUND The Center for Civic Partnerships CCP a non profit agency funded through the State Department of Health assists communities in creating the physical social and economic conditions in which people can be healthy by providing technical assistance educational programs publications funding resources and and opportunities consultation One of the programs under the umbrella of the CCP is California Healthy Cities and Communities CHCC This program assists local leaders in developing implementing and evaluating inclusionary community driven programs policies and plans that address the environmental social and economic determinants of health CHCC advocates broad definition of health a shared vision diverse community participation reform collaborative partnerships engaging local assets and measuring progress and implementing improvements based on results a systems In September of 2004 the Healthy City of Chino the Chino Valley the Fire Board Transportation Public Health the Chino Collaborative HCC was established between Unified School District the Chino Valley Independent Chino Police Department Lewis Operating Corporation the and Land Use Collaborative the San Bernardino County Department of the United Way the Special Olympics the California Institution for Men Chaffey College the Chino Center Community Corporation various youth serving organizations community members and residents The Collaborative is working closely with CCP to establish guidelines policies and programs that will allow the City of Chino to become a healthier community The HCC has identified five areas that will be the focus of Healthy Chino Those focus areas include the following Exercise Nutrition Safe and Walkable Neighborhoods Public Education Health and Human Services As part of the commitment to improving health and wellness for residents in the HCC continues to research and pursue on going funding opportunities to meet the five identified focus areas community ISSUES ANALYSIS CCP is soliciting applications under a Request for Applications process from selected cities throughout the state that have made significant strides toward creating healthier communities The City of Chino has been identified by CCP as one of those cities and has been encouraged to apply for this grant The purpose of this grant is to address the healthy aging issues and needs of older adults 55 and over If awarded the technical support and funding provided by the CCP grant will assist the HCC in reaching its goal of improving community health by providing for community based planning and implementation efforts for healthy aging COUNCIL MEETING DATE DECEMBER 5 2006 SUBJECT CENTER FOR CIVIC PARTNERSHIPS GRANT APPLICATION PAGE 3 2004 being awarded three grants from the CCP In to promote health and wellness to community grant related residents through a marketing campaign and hosting of quarterly health to assistance provide informational workshops In 2005 the HCC was awarded 16 000 In the same year the Communities a Cities and local Program in establishing Healthy in establishing a health HCC was a recipient of a 25 000 grant to provide assistance element in the City s General Plan The HCC has been successful in the HCC was awarded a 5 000 the City s component of the CCP grant a resolution of the City Council indicating included must be support for participation in California Healthy Cities and Communities with the application As a Attachment Resolution No 2006 116 TS AS MD ay Resolution No 2006 116 Page 2 of2 State of California County ofSan City ofChino Bernardino I TANNER City LENNA J City of Chino do hereby certify that the foregoing duly adopted by City Council at a regular meeting held on the 5th day of December 2006 by the following vote Resolution Clerk of the was AYES COUNCIL MEMBERS NOES COUNCIL MEMBERS ABSENT COUNCIL MEMBERS the LENNA J TANNER City Clerk J MEMORANDUM CITY OF CHINO COMMUNITY DEVELOPMENT DEPARTMENT COUNCIL MEETING DATE TO GLEN ROJAS CITY MANAGER FROM CHUCK COE DIRECTOR OF COMMUNITY SUBJECT PROFESSIONAL SERVICES AGREEMENT DECEMBER 5 2006 DEVELOPMENTL Gtt PLANNING SERVICES RECOMMENDATION General Fund 2 increase Appropriate 52 800 from the unappropriated reserves of the a Services Community Development Department revenues by 52 800 3 approve Professional 4 authorize the City Agreement with Candida Neal Pomona CA in the amount of 98 800 and on behalf of the to all documents execute City necessary Manager 1 FISCAL IMPACT Requires appropriation from offset by a direct contribution City the unappropriated from the developer Approved Clerk AYES NOES ABSENT ABSTAIN reserves EU GD EE TH TH DY GD GD EE EE TH EU EU DY GD EE TH EU DY DY of the General Fund that Denied Continued are being Tabled COUNCIL MEETING DATE December 5 2006 SUBJECT Professional Services PAGE 2 of2 Agreement Planning Services BACKGROUND CMG Funding LLC of Beverly Hills has proposed a 993 unit residential development on 272 located within The Preserve Specific Plan area south of Chino Corona Road and west of Hellman Avenue The project area is designated AG OS N Agriculture Open Space Natural OS Open Space Natural and OS R Open Space Recreation The project will require a general and specific plan amendment environmental impact report EIR and informational reports evaluating sewer water storm drain and traffic impacts The City Council approved the contracts for these activities on February 5 Planning consultant services were also approved during this Council meeting for management of the planning and EIR processes The City Council approved a contract with Michael Brandman Associates for the Edgewater project EIR on September 19 CMG Funding is paying all the costs for the above activities aces ISSUES ANALYSIS The purpose of this report is to obtain Council approval for a professional services agreement with a planning consultant who will monitorltrack the various consultants and stakeholder agencies special interest groups that will review and comment on the environmental work We recommending Candida Neal of Pomona California to assume project management responsibility for the EIR work The Contract amount is 98 800 Forty six thousand dollars 46 000 of the total contract amount is being funded from previously programmed monies for the Edgewater project CMG Funding has agreed to cover the cost of the contract are A senior level planning consultant is needed to manage the EIR the entitlement process The consultant will minimize impacts portion on of the planning project through by working staff directly for the City and Senior Planner Candida Neal is familiar with the scope of work for the Edgewater EIR She has also worked as the City Planner for the City of Pomona and is currently the contract City Planner for the City of Upland She has over 20 years of experience with environmental issues that may arise with a large scale development such as Edgewater and can be relied upon to insure that the EIR process meets state law and that the document is legally defensible being produced BA ro lip MEMORANDUM CITY OF CHINO ADMINISTRATION DEPARTMENT COUNCIL MEETING DATE TO GLEN ROJAS CITY MANAGER FROM PATRICK GRIFFIN ASSISTANT CITY MANAGER SUBJECT PURCHASE ORDER December 5 2006 RESERVATION FACILITY AND CLASS REGISTRATION SYSTEM RECOMMENDATION Issue a purchase order in the amount of 145 010 to Affiliated Computer implementation and Texas for Dallas purchase and class maintenance of the The Active Network facility reservation to execute all system and authorize the City Manager the Services registration necessary documents on behalf of the City FISCAL IMPACT None The requested amount is contained in the Central Services budget i Approved City Clerk Denied Continued Tabled I I AYES DY GD EE TH EU NOES DY GD EE TH EU GD EE TH EU GD EE TH EU ABSENT ABSTAIN DY DY COUNCIL MEETING DATE DECEMBER 5 2006 SUBJECT PURCHASE ORDER FACILITY RESERVATION AND CLASS REGISTRATION SYSTEM PAGE 2 BACKGROUND Several years ago the Community Services Department implemented RecWare software which is a program used for class and recreation activities and reservations of City facilities While RecWare has met the requirements of the department there are features that are desired but not available RecWare has since merged with another company The new company known as The Active Network has announced RecWare will no longer be enhanced after December 31 2006 ISSUES ANALYSIS Community Services staff members wanted to obtain a system that would automate reports that the Senior Center staff prepare manually The reporting requirements for the Senior Center could not be met with RecWare attendance While preliminary research was being completed it was learned that RecWare and a competitor had merged and the new company is known as The Active Network RecWare and CLASS were the two most commonly used software programs for City recreation programs This project will replace the core RecWare modules with the The Active Network class registration and facility reservation applications In addition a membership module will allow cards with photo ID to be issued to Point of sale services using a participants touch screen monitor will be implemented The Active Network applications have additional features that are desirable Although project replaces the core modules only the additional capabilities will be reviewed and prioritized after the initial core modules are in place These features include Brochure Link which automates the creation of the Community Services quarterly class announcements for publication Interactive Voice Response IVR class registration which would allow participants to register for classes 24 7 and the ability for participants to register for classes on the City s web page without incurring additional charges the scope of this The City s information technology provider Affiliated Computer Services ACS has provided pricing for a comprehensive installation that includes procurement of necessary software installation training and on going maintenance The City Attorney has reviewed and approved the agreement with ACS and funding for this project is contained in the current operating budget If MEMORANDUM FINANCE DEPARTMENT CITY OF CHINO COUNCIL MEETING DATE TO GLEN ROJAS CITY MANAGER FROM DAVID D CAIN SUBJECT CITY OF CHINO USER FEES DECEMBER 5 2006 DIRECTOR OF FINANCE RECOMMENDATION Continue the public hearing to the December 19 2006 City Council meeting FISCAL IMPACT None City Approved Clerk DY GD EE TH EU NOES DY GD EE TH EU ABSENT DY GD EE TH EU ABSTAIN DY GO EE TH EU AYES Denied Continued Tabled COUNCIL MEETING DATE DECEMBER 5 2006 SUBJECT CITY OF CHINO USER FEES PAGE 2 BACKGROUND City staff continues to work toward effective January 1 2007 establishing user fees for City provided services to be ISSUES ANALYSIS In anticipation of completion of the User Fees Schedule for 2007 a public hearing was setting the date of December 5 2006 for the public hearing At this time the fee proposal continues to be refined in order to determine the necessary changes to the noticed proposed fees staff anticipates that the document will be completed shortly and staff is continuance to the December 19 2006 City Council meeting date City DC nr dm requesting a I MEMORANDUM CITY OF CHINO COMMUNITY DEVELOPMENT DEPARTMENT COUNCIL MEETING DATE DECEMBER 5 2006 TO GLEN ROJAS CITY MANAGER FROM CHUCK COE DIRECTOR OF COMMUNITY SUBJECT INTRODUCTION OF ORDINANCE NOS 2006 19 2006 20 AND 2006 MAJESTIC 21 ZONE ORDINANCE AMENDMENT NO 2006 01 16 NO AND PLAN AMENDMENT SPECTRUM SPECIFIC DEVELOPMENTC Gtv AMENDMENT TO TITLE 5 OF THE CHINO MUNICIPAL CODE RECOMMENDATION 1 Conduct Declaration Public a Hearing 2 adopt Resolution No 2006 109 adopting a Negative 2006 19 amending Title 20 of conditionally permitted use in No approve the Introduction of Ordinance establishments as a the Municipal Code to add massage 2006 the General Commercial CG zone 4 approve the Introduction of Ordinance No 20 amending the Majestic Spectrum Specific Plan to add massage establishments as a conditionally permitted use in the Regional Commercial RC and Regional Mall RM 3 designations 5 continue the Introduction of Ordinance No 2006 21 amending Title 5 of the Municipal Code modifying business license requirements for Massage therapists businesses to the December 19 City Council Meeting and 6 request all ordinances to be read by number and title only and waive further reading of said land use ordinances FISCAL IMPACT None City Approved Clerk AYES OY GO EE TH EU NOES OY GO EE TH EU ABSENT DY GD EE TH EU ABSTAIN DY GD EE TH EU Denied Continued Tabled COUNCIL MEETING DATE December 5 2006 SUBJECT INTRODUCTION OF ORDINANCE NOS 2006 19 2006 20 AND 2006 21 ZONE ORDINANCE AMENDMENT NO 2006 01 MAJESTIC SPECTRUM SPECIFIC PLAN AMENDMENT NO 16 AND AMENDMENT TO TITLE 5 OF THE CHINO MUNICIPAL CODE PAGE20f3 BACKGROUND The amendments being proposed to accommodate a massage franchise that wants tenant space in the Spectrum Town Center shopping area located at the southwest corner of Edison and Pipeline Avenues The franchise name is Massage Envy Massage Envy is a nationwide franchise that provides affordable therapeutic massages to the public The franchise is an outgrowth of the public s recognition of the benefit of massage therapy and the fact that massage is considered a mainstream health and relaxation activity Mr Greg Sieger a prospective franchisee for Massage Envy is the applicant to lease are a The proposed amendments to the General Commercial CG zoning district and the Regional Commercial RC and Regional Mall RM land use designations within the Majestic Spectrum Specific Plan area will permit massage uses with the approval of a Special Conditional Use Permit In conjunction with Mr Sieger s request the City is initiating amendments to Title 5 Business Licenses and Regulations of the Municipal Code to business and Staff is massage establishments from a classification as an adult oriented strengthen the massage business and therapist licensing requirements remove requesting that the Municipal Code modifications be continued to the December 19th City Council meeting to aIow additional time for the City Attorney to review the proposed code provisions A description of the municipal code amendments is included below to assist the City Council in their action on the zoning land use portion of this request Copies of the zoning and Land use modifications Ordinance Nos 2006 19 20 are attached for the City Council s review On November 20 2006 the Planning Commission unanimously recommended approval of the amendments ISSUES ANALYSIS The proposed zoning and land use modifications will allow massage establishments City s Majestic Spectrum Specific Plan and General Commercial zoning districts Staff has proposed to combine certain existing and proposed Municipal Code provisions to strengthen the massage application licensing and operational requirements in a manner that will significantly reduce the potential for questionable massage activities uses These provisions include more stringent educational for requirements massage therapists from 200 to 500 hours of training classes creation of a background checklist for massage therapists a provision that gives the Police Department authority to temporarily suspend massage activities if they suspect illegal activity and a requirement that business owners report the sale of the business or change in ownership within the COUNCIL MEETING DATE December 5 2006 SUBJECT INTRODUCTION OF ORDINANCE NOS 2006 19 2006 20 AND 2006 21 ZONE ORDINANCE AMENDMENT NO 2006 01 MAJESTIC SPECTRUM SPECIFIC PLAN AMENDMENT NO 16 AND AMENDMENT TO TITLE 5 OF THE CHINO MUNICIPAL CODE PAGE 3 of 3 staff surveyed several cities where They include Claremont Lake Forrest In addition to the above ordinance refinements similar massage ordinances are in effect as a Rancho Cucamonga and Chino Hills These cities have had positive experiences The result of implementing similar massage requirements and land use provisions Police Department Business License Division and the City Attorney s office have in the research and closely coordinated with Community Development staff the changing public development of the ordinance amendments The revisions reflect while several of about the layers of health benefits providing attitude massage therapy safeguards to ensure that business owners and therapists are qualified massage use practitioners The City Council is only acting on the zoning and specific plan land noted above The related operational provisions provisions as part of this report Ordinance 2006 21 will be heard at the December 19th City Council Meeting WM ro Attachments Resolution No 2006 109 Ordinance No 2006 19 Ordinance No 2006 20 2006 109 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO CALIFORNIA ADOPTING A NEGATIVE DECLARATION FOR ZONING ORDINANCE AMENDMENT NO 2006 01 AND MAJESTIC SPECIFIC PLAN AMENDMENT NO 16 amendment to Title 20 of the Chino Municipal Code has been proposed to amend Chapters 20 02 and 20 09 of the Zoning Ordinance of the City of Chino to add massage establishments as a conditionally permitted use within the General Commercial CG zone and WHEREAS an WHEREAS an amendment to the Majestic Spectrum Specific Plan has been proposed to add massage establishments as a conditionally permitted use in the Regional Commercial RC and Regional Mall RM land use designations and WHEREAS the Chino Planning Division has completed its study of the ordinance amendment and Majestic Spectrum Specific Plan Amendment and WHEREAS the Planning Commission reviewed and held a public hearing zone ordinance amendment and Majestic Spectrum Specific Plan Amendment 2006 and has recommended the City Council approve the amendments and proposed on on the zone proposed November 20 provisions of the California Government Code and Chino Municipal Code related to the proposed zone ordinance amendment and Majestic Spectrum Specific Plan Amendment have been complied with including noticed public hearings and WHEREAS all the City Council has completed its study of the amendment and Majestic Spectrum Specific Plan Amendment and WHEREAS WHEREAS following said public hearings following findings of fact the City Council proposed zone has considered ordinance and clearly established the 1 Majestic Spectrum Specific Plan Amendment to add massage establishment conditionally permitted use in the General Commercial CG zone and Regional Commercial RC and Regional Mall RM land use designations of the Majestic Spectrum Specific Plan are consistent with the goals and policies of the General Plan in that the zone and land use designations permit commercial The proposed zone ordinance amendment and as a uses amendment and Majestic Spectrum Amendment is reasonable and beneficial and in the interest of good because of the need to provide for a wide range of commercial uses 2 The proposed zone 3 The proposed zone Amendment will not ordinance Plan amendment and Majestic Spectrum Specific no on as adverse the environment impact significant result of this project nor will the proposed changes to the code ordinance have Specific Plan zoning practice a development will occur as a enable development of property beyond current allowances Resolution No 2006 109 Page NOW THEREFORE BE IT RESOLVED Negative Declaration for Zoning Specific Plan Amendment NO 16 the City Council Ordinance Amendment No APPROVED AND ADOPTED THIS 5th of the City 2006 01 and 2 of 2 of Chino adopts a Majestic Spectrum DAY OF DECEMBER 2006 DENNIS R YATES MAYOR ATTEST LENNA J TANNER CITY CLERK State of California County of San Bernardino City of Chino I S Lenna J Tanner City Clerk of the City of Chino do hereby certify the foregoing Resolution duly adopted by the Chino City Council at a regular meeting held on the 5th day of December 2006 by the following votes was AYES COUNCIL MEMBERS NOES COUNCIL MEMBERS ABSENT COUNCIL MEMBERS LENNA J TANNER CITY CLERK ORDINANCE NO 2006 19 AN ORDINANCE OF THE CHINO CITY COUNCIL OF THE CITY OF CHINO CALIFORNIA AMENDING THE CHINO MUNICIPAL TO ADD CODE TITLE 20 OF THE MUNICIPAL CODE CONDITIONALLY ESTABLISHMENTS AS A MASSAGE CG USE IN THE GENERAL COMMERCIAL PERMITTED ZONE ZONING ORDINANCE AMENDMENT NO 2006 01 The Chino Council ordains hereby individual firm on or 20 02 means fifteen 15 or more The definition for Section 2 to read as follows added hereby MASSAGE TECHNICIAN of the floor Massage area is used for such activities carried Technician in Section 20 02 010 of or Section 3 The definition for added to read as Massage in Chapter Section 20 02 010 of in the on Chapter any person who performs massage in exchange for not that person has a valid permit from the City means value whatsoever whether 20 02 is anything 20 02 is of any hereby follows stroking kneading rubbing body with the hands or with or or with or without mechanical or electrical aid of any appliance supplementary aids such apparatus cream ointment or other similar preparations oil alcohol liniment antiseptic powder rubbing MASSAGE or any method of pressure on or friction against of the human the external parts vibrating or stimulating means tapping pounding as Chapter permits massage where establishment the follows any establishment having a fixed place of business where any association partnership corporation or combination of individuals engages in conducts to be engaged in conducted or carried on massages or health treatments involving MASSAGE ESTABLlSHMENT carries as The definition for Massage Establishment in Section 20 02 010 of added to read as follows Section 1 is City commonly used in this practice Commercial Land Use Matrix of Section 20 09 030 of Chapter Table 20 09 1 Section 4 20 09 is hereby amended as follows Massage Establishments are permitted in the CG zoning district Agricultural Uses Activities Facilities Agriculture Commercial Row Row Commodities Animal Field Tree Field Tree Nursery Crops Cultivation Nursery Crop and Animal Product Sales Stands for A A A I I I C C C Hospitals Veterinary Clinics 20 09 040 8 2 Facilities Caretaker Quarters C Congreqate Care Facilities C Housing Projects Temporary Recreational Vehicle Housinq Facilities PIC 20 09 040 8 3 C 20 09 050 0 3 20 09 040 8 6 C Emergencv Shelters Transitional 20 09 040 8 1 Produced On Site Residential Uses Activities Senior S S C S 20 09 040 4 8 20 09 050 0 8 Living Units A A A 20 09 040 8 5 C 20 09 040 8 7 Ordinance No 2006 19 Page Commercial Uses Activities Administration 2 of 7 Facilities ManaQement Executive Offices P P P Business Offices P P P P P P P P P C A C C A A Clerical includes tvping pools word processina and other similar services Telecommute Centers Communication Communications Facilities includes wireless transmission relay receivina stations and facilities Maior Communications Facilities Minor Communications Facilities Radio Television Broadcastina Studios Retail Trade Apparel Accessory Stores accessories shoe stores such as etc 050 D 9 20 09 050 D 9 C as P P hardware stores lumber stores paint glass electrical supplv stores P tile etc Drinkina Places Eatina Alcoholic Beveraae Sales For On Premise Consumption Catering C EatinQ Places includes restaurants convenience P specialtv foods C 9 20 09 040 B 8 P Banauet Facilities P C NiQhtclubs Bars Cocktail Lounaes Outdoor Seatina Areas In Conjunction With A Bona Fide Eatina Place Food Beveraae Stores C I I Alcoholic Beveraae Sales For Off Premise Consumption Bakeries C C P P Brew On Premises Facilities Candy Nut Confectionery Stores P P P P Convenience Markets Mini Markets P P Dairv Products Stores P P Grocery Stores Suoermarkets C P Meat Fish P P Produce Markets Furniture Home Furnishing Stores such as drapery upholstery stores stores furniture household appliance stores etc General Merchandise Soecialty Items floor 20 09 20 09 050 D 1 0 clothing stores specialty apparel Building Materials Garden Supplies such other building materials nurseries garden wallpaper stores plumbina heating Transmission Facilities 9 9 9 20 09 040 89 9 20 09 040 B 1 0 92O 09 040 B 11 92O 09 040 B 12 92O 09 040 B 13 P wall covering Antique or Curio Shoos P P Art Galleries P P Beauty SuoolY Stores P P Books P P P P MaQazines Stores includes newsstands Camera Photoaraohic Suoolv Stores Mail Order Houses CataloQ Comouters Comouter Eauioment P Software Stores P Department Stores P DruQ Stores Pharmacies Electronic Eauioment Stores home and business Florists P Gift Craft Souvenir P Guns P P P Noveltv Stores Ammunition P P C Hobby Toy Game Stores Jewelrv Stores Luaaaae P P Leather Goods Stores P P P P Mobile Home Dealers New Office Supply Open Air Sales Stationery Stores Display eauipment rental Open Sales Display Activities Temporary includes special temporary sales holiday or seasonal sales rummage sales car washes Pets and C 920 09 A A 92O 09 040 B 15 P P excluding 040 B 14 sales Air events Pawn P Permanent Activities anv other similar outdoor event Shoo Pet Suoolv Stores Records Tapes Video Stores Soorting Goods Bicycle Shoos P P P Ordinance No 2006 19 Page Swimmina Pools 3 of 7 P Equipment Swan Meets P ThriftSecond Hand Stores P Varietv Stores P 20 09 050 0 10 Services Business Services Accountina P Bookkeeping Advertisina Aaencies Engineering Plannina Architecture Commercial Photoqraphy Art P P Draftina Services Graphic Desian Services Computer Services includes data processing facilities management systems design information retrieval systems maintenance and P P P Public Relations AQencies P P P P P P P reoair P Collection Services Credit Reportina P P Custodial Services Decoratina Deliverv P P Desiqn Studios P Services Detective Armored Car P Security Services Eauipment Rental Sales Liaht Eauipment Eauinment Rental Sales Heavv Equipment P 20 09 040 8 17 Mail Services Supplv Photocoovina Duplicating Photo Enaravina Photofinishina Laboratories Printina Services P P P P P P P P P P Private includes pre schools colleges and universities and other accredited leamina facilities Fulfillment includes facilities for Schools for Personal Enrichment J etc subiects such as art music dance C C C P P Tutorial Services individual instruction onlv P P P Tutorial Services arouo instruction P P Vocational Schools includes facilities offering instruction to prepare one for a soecific trade occuoation or Drofession C C Court Secretarial Reportina Services Fabrication Teleohone Answerina Services Public elementary schools secondary Finance Insurance Banks P P Sian Paintina Educational Services Educational Institutions 20 09 040 8 16 P P Temp Services Emplovment Aaencies P schools Real Estate Services Loans Savings Credit Unions Other Depository P P P P P P P P P P P P P P P P P P P P P P P Institutions Escrow Services Holdina Insurance Non Investment Manaaement Services Investment Aaents Brokers Depository Institutions includes personal and business credit institutions mortaaae bankers and brokers and loan brokers Real Estate Aaents Brokers Title Services Health Services P Ambulance Service Health Care Offices Clinics includes medical dental acupuncture chiropractic physical therapy and other similar clinics and other related health and suooort Hospitals includes medical Laboratories Medical Medical Hosoital DSychiatric and therapeutic offices facilities soecialWhosoitals Supplies Theraov e a kidney dialvsis centers Leaal Services Lodaina Places Bed Hotels P P P P P P P P C Skilled Nursina Care Facilities Soecialtv Outpatient Clinics C P Prosthetics Optometrists Phvsical C P Dental BreakfasUBoardina Houses Motels Soortina Recreational Camos P and C P P P P P C C S S 20 09 040 8 18 20 09 040 B 19 Ordinance No 2006 19 Page Trailer Parks Campsites Membership Organizations includes business professional labor civic social political and religious organizations and associations other than C C 4 of 7 C churches Motion Picture Production Motor Vehicle Distribution Services Services Parts Accessories Body Paint Shops Gasoline Fuel P P C Sales P seNice stations P S 20 09 040 20 09 050 Vans Boats Automobiles Light Trucks Repair Garages Motorcycles Repair Garaaes Buses Sales Rental Automobiles Sales Rental Buses Leasina Light Trucks Vans Boats Trucks 4 0 P S 20 S 20 09 050 0 5 C S 20 09 050 0 1 C S 20 09 050 0 1 Trucks Leasing Motorcycles B 20 09 050 0 5 Towina Service P Upholstery Shops Washing Cleaning Detailing includes full service Washing Cleaning Automobiles Light Trucks Vans C self service facilities Buses Detailing Trucks includes full service self service facilities Weigh Stations Personal Services Barber Beauty Shop P P P Upholstery Cleaning Carpet Currency Exchanae check cashinq Fortunetelling Funeral Service Mortuaries Laundromat C Crematories operated coin Laundry Dry Cleaning Services Linen Supply P P P P P P Locksmith Massage Establishment Pet P P Grooming Picture P Framing Recording Studios Shoe Repair P P Photoaraphic Studios P P Shoeshine Parlors Tailors Dress Makers Tattooina Body Piercina P P P P I Body Art S 20 09 040 B 21 P Taxidermy Ticket Agencies Trayel Agencies Recreation Amusement Entertainment P P P P P P Services Adult Oriented Businesses Amusement Devices 3 or less qames of skill or science P Amusement Park Arcades 4 or more aames of skill or science C C Athletic Fields Athletic P C Health Clubs Gyms Physical Training Facilities C C C C Billiards Clubs Pool Halls C Bowling Alleys Cyber cafe C Dance C Music Clubs Halls Golf Courses Regulation Courses Golf Courses Miniature Courses Golf Drivina Ranaes Liye Entertainment Pistol Skeet Rifle Skating Rinks more 20 09 040 822 S 20 09 040 B 25 S 20 09 040 B 24 20 09 040 B 23 C C C Live Entertainment less than 1 000 SF in S S area than 1 000 SF in area C C C P C C Archery Ranges C Ordinance No 2006 19 Page Sports Recreation Centers Tennis Swimminc Clubs Theaters Auditoriums orivate and commercial facilities 5 of 7 C C Stadiums C Similar Facilities Social Services Day Care Facilities Facilities for 8 or Less small familv day care home Facilities for 9 to 14 lame family day care home Facilities for 15 child or more day care facility Employer Provided On Site Residential Care Facilities Facilities for 6 or Less includes facilities licensed andor controlled by the California DeDartrnent of Social Services Facilities for 7 or More includes facilities licensed andlor controlled by the California Department of Social Services C C C C C C C Group Homes and Facilities includes group residential facilities not licensed and or controlled by the California Department of Social G 20 09 040 8 26 C S 20 09 040 8 27 C S 20 S 20 09 040 829 09 040 8 28 Services Individual other Family Services includes counseling family planning and P P P similar services Storace Outdoor Storaae PublidMini Public of Vehicles Eauioment Quasi Public Uses Activities Cemeteries C Materials includes RV storage facilities Storage Facilities Mausoleums Charitable Institutions Services Conservation Areas wildlife natural habitats and sanctuaries Facilities Correctional Institutions Picnic Fairgrounds Libraries Museums C C C C C C C C Grounds Art Galleries Zooloaical Gardens Botanical C C C Parkinc Lots Required Facilities in conjunction permitted For Fee with a permitted or conditionally or as a Primarv Use of Prooerty Public Parks Public Recreational Centers Facilities Public Safety Facilities Transportation Terminals P P C C C P P P C C P P C C C Eauioment Utility Stations Worshio P use Places 8uildinas C C C C C C C of C Reoional Scale Worship Facility Community Scale Worshio Storefront Worship Facility Seatina caoacity less than 50 without daycare facilities Seatina caoacity less than 50 with daycare facilities P P P A A A Seatina caoacitv of 50 to 100 A A A Seatina caoacity C C C more Industrial Uses Activities Hazardous than 100 Facilities Materials I I Use generation processing production treatment storage emission or discharge of hazardous materials excepting explosive or extremely hazardous substances radioactive material and quantities exceeding the exempt amounts per control area or outdoor area as specified in the I Uniform Fire Code latest edition Exolosive or extremely hazardous substances and radioactive material C C C S 20 09 040 8 30 exempt amounts per control C C C S 20 09 040 B 30 I I I Any quantity exceeding area as the area or outdoor specified in the Uniform Fire Code latest edition Hazardous Waste Hazardous Waste Facilities Hazardous Waste Generators Any use involving the generation of any quantity of hazardous wastes excepting the generation of carcinogens or reproductive toxicants explosive or extremely hazardous substances infectious substances or radioactive waste material Ordinance No 2006 19 6 of 7 Page Any use involving the generation reproductive toxicants explosive infectious substances or of or any quantity of carcinogens extremely hazardous substances C C C S 20 09 040 B 31 A A A S S 20 09 040 B 32 A radioactive waste material Household Hazardous Waste Collection Center Recycling Facilities Heavy ProcessinQ Facility Laroe Collection Facilitv LiQht ProcessinQ Facility Material Recoverv Facility MRF Reverse Vending Machines Small Collection Other Uses Facility Activities 20 09 040 B 33 Facilities Structures Accessorv Buildinas Other Incentives Density Bonuses P p P C C C 20 09 040 B 34 Common Interest Subdivisions P P P 20 09 040 B 35 Conversion of Automobile Service Stations P P P 20 Conversion of Residential Structures Orive Thru Facilities C C C 20 09 050 0 6 I I 20 09 C C C Mobile Factorv Built BuildinQs Manufactured Structures 09 050 0 7 050 0 2 Move On Buildings Structures excludes mobile manufactured and factory built buildinas and structures and temDorary buildings Prefabricated Metal Sheet Metal Sided Metal Clad Buildings Structures excludes aircraft hanaars SiQns Temporary Buildings excludes construction trailers or job shacks Temporary Facilities includes facilities such as equipment and materials storage lots for construction projects temporary parking facilities storage containers P P C C A A A Title 16 20 09 040 B 36 S 20 09 040 B 37 etc Section 5 The City this ordinance and shall of general circulation Government Code ADOPTED THIS 19TH Clerk of the cause printed the and City published MAYOR Clerk By LENNA J within said DAY OF DECEMBER 2006 DENNIS R YATES City of Chino shall certify to the passage and adoption of be published in the Chino Champion a newspaper same to By ATTEST P C TANNER CITY CLERK City in accordance with provisions of the Ordinance No 2006 19 Page STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO 7 of 7 S CITY OF CHINO I Lenna J Tanner City Clerk of the City of Chino do hereby certify that the of Chino was duly adopted by said City Council at a regular City 19th day of December 2006 by of the the following AYES COUNCILMEMBERS NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS By LENNA J TANNER CITY CLERK vote foregoing Ordinance meeting held on the ORDINANCE NO 2006 20 AN ORDINANCE OF THE CHINO CITY COUNCIL OF THE CITY OF CHINO CALIFORNIA AMENDING THE MAJESTIC SPECTRUM SPECIFIC PLAN TO ADD MASSAGE ESTABLISHMENTS AS A CONDITIONALLY PERMITTED USE IN THE REGIONAL COMMERCIAL RC AND REGIONAL MALL RM LAND USE DESIGNATIONS MAJESTIC SPECTRUM SPECIFC PLAN AMENDMENT NO The Chino City Council ordains Section 1 as The definition for added to read as follows MASSAGE ESTABLlSHMENT individual carries firm on or follows Massage means association permits to 16 Establishment in Section D of Chapter 3 is hereby any establishment having a fixed place of business where any or combination of individuals engages in conducts carried on massages or health treatments involving of the floor area is used for such activities carried on in the partnership corporation be engaged in conducted or massage where fifteen establishment 15 or more Section 2 Table 5 of Chapter 3 is hereby amended as conditionally permitted in the Regional Commercial RC designations are follows and Massage Establishments Regional Mall RM land use Table 5 LAND USE MATRIX Key p Permitted Use C Requires Special Conditional T Transitional Area Uses Site Use Permit See Section 3 3 3 for Development Standards Description See Applicable Requires Special Standards in Chapter 4 Section 4 Requires Special Site Development Standards contained in Chapter 4 Permitted Uses in Pipeline North CM Zone those uses which solely permitted within 200 feet of the N E corner of Pipeline Avenue and Edison Avenue are further designated 1 Prohibited Uses in Pipeline North CM Zone are REGIONAL USE TYPE Admin Office Ag Uses Interim MALL REGIONAL LIGHT COMMERCIAL OVERLAY COMMERCIAL INDUSTRIAL MANUFACTURING P P P P P P P C C C Animal Care Animal Sales P P P C Arcades Amusement Centers within the reqional mall Auto Light Minor Ancillary Repair P Truck Repair Auto C C P P P C Light Truck C 1 Ordinance No 2006 20 Page 2 of 4 REGIONAL USE TYPE MALL REGIONAL LIGHT COMMERCIAL OVERLAY COMMERCIAL INDUSTRIAL MANUFACTURING Auto Rental General C Auto Rental Ancillary P Auto Service Station C C Banks Savinqs P P Building Contractor Loans C C P C P 1 s OfficelYard C Maintenance Service Building Commercial pT P CT P P Maintenance Services Building Industrial Sales Building Supplies Business Supply P P P P P Retail Services Business P Support Services P P P Caterinq Services P P P Cocktail Lounqes C C C P P P P P P P P P P Commercial Recreation Entertainment Conference Facilities Convenience Sales Conference Service C C P Convention Facilities Convenience Sales Service Cultural Facilities C Custom Mfq Custom Mfq C Convention Commercial C P C C C pT P P C C P P C C C C P P Fast Food P P Restaurant P P C P P C P P P P P P Day Care P Eating Establishments With Alcoholic Beverage Sales Convenience Foods Specialty Foods C 1 C C 1 Financial Insurance Real Est Svcs Food Beverage Sales General Retail Sales P P P Health Fitness Clubs C C C P P Spas HotelMotel Hotel Motels Small Laundry Services Light Mfg C P C C P P C pT P C Storage Dist Heavy C C Very Light Mfg Light C P P General Mfq Wholesale C C Wholesale Storage Dist Hazardous Materials P C Refer to Definition 1 Ordinance No 2006 20 Page 3 of 4 REGIONAL MALL REGIONAL LIGHT COMMERCIAL OVERLAY COMMERCIAL INDUSTRIAL MANUFACTURING Services C C Medical Services P USE TYPE Massage Establishment Medical Services Inpatient P P C C Mini marts P P P Nurseries P P P C C Off Sale Establishments Liquor Outdoor Sales Storage Building Supplies C C Persona I Services P P Professional Services P P Sales Public Assembly Public Assembly C C P P P C C C C CI C C P P P P Places of Worship Public Storage Repair Services Research pi Development C Small Scale Goods Finishing P P Social Club C C Entertainment C C C Sales P P P Commercial P P Theaters P P C C Sports Special Special P Recreation Events Non Vehicle Washing Cleaning ADOPTED THIS 19TH DAY OF DECEMBER 2006 By DENNIS R YATES MAYOR ATTEST City Clerk By LENNA J 1 C TANNER CITY CLERK P P C 1 Ordinance No 2006 20 Page 4 of 4 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF CHINO S City of Chino do hereby certify that the foregoing Ordinance of the City of Chino was duly adopted by said City Council at a regular meeting held on the 19th day of December 2006 by the following vote I Lenna J Tanner City Clerk of the AYES COUNCILMEMBERS NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS By LENNA J TANNER CITY CLERK q MEMORANDUM CITY OF CHINO COMMUNITY DEVELOPMENT DEPARTMENT COUNCIL MEETING DATE DECEMBER 5 2006 TO GLEN ROJAS CITY MANAGER FROM CHUCK COE DIRECTOR OF COMMUNITY DEVELOPMENT SUBJECT AGRICULTURAL CONTRACT CANCELLATION NO C v 29 RECOMMENDATION Conduct a public hearing and adopt Resolution No 2006 110 approving Certification of Final Cancellation of Land Conservation Act Contract No 69 131 and removing the 29 69 acre site from the Chino Agricultural Preserve FISCAL IMPACT None City Clerk Approved AYES DY GO EE TH EU NOES DY GD EE TH EU ABSENT DY GO EE TH EU ABSTAIN DY GO EE TH EU Denied Continued Tabled COUNCIL MEETING DATE SUBJECT Agricultural December 5 2006 Contract Cancellation No 29 PAGE 2 BACKGROUND On October 3 2006 the City Council approved Resolution No 2006 084 approving the tentative cancellation of Williamson Act Land Conservation Contract No 69 131 subject to satisfying certain conditions and contingencies as follows 1 of the cancellation fee required by Section 51283 the San Bernardino County Assessor to be 267 250 2 The Payment the as applicant shall obtain all necessary approvals and permits 4 51283 project as required in Government Code Section determined by to commence In order to approve the Final Cancellation of the Land Conservation Contract the City Council must find that the conditions and contingencies described in the Tentative Cancellation of the Land Conservation Contract have been satisfied ISSUES IANALYSIS On November 15 2006 the the 2006 cancellation fee in full to the San Bernardino County Treasurer on November 15 For the purposes of Section 4 of the Government Code the city has determined 51283 that there are no outstanding permits necessary to commence the project All of the conditions and City confirmed that the Fullmer Cattle contingencies required in the Certificate of Tentative Cancellation have been satisfied EXHIBITS Exhibit A Exhibit B MK ro Company paid Resolution No 2006 110 Certificate of Final Cancellation RESOLUTION NO 2006 110 A RESOLUTION OF THE CALIFORNIA CITY COUNCIL OF THE CITY OF CHINO CERTIFYING THE FINAL CANCELLATION OF WILLIAMSON ACT LAND CONSERVATION CONTRACT NO 69 131 ASSESSOR PARCEL NUMBERS 1057 181 16 1057 181 17 AND 1057 181 18 AND REMOVAL OF THE 29 69 ACRE SITE FROM THE CHINO AGRICULTURAL PRESERVE CANCELLATION NO WHEREAS the uses for as long AGRICULTURAL CONTRACT 29 Council of the City of Chino has gone on record in support of agricultural the landowner desires and in support of conversion to urban uses when the City as landowner desires and WHEREAS from the landowner that all conditions and contingencies for Final Cancellation of Williamson Act Land Conservation Contract No 69 131 that are specified in the Certificate of Tentative Cancellation for said on November 15 2006 the contract have been satisfied City received correspondence and WHEREAS the City has reviewed the correspondence from the landowner to cancel the Williamson Act Land Conservation Contract and remove the land from the Chino Agricultural Preserve and WHEREAS on public hearing September 18 2006 the City of Chino Planning Commission conducted a adopted Resolution No 2006 15 recommending that the City Council and approve the tentative cancellation of Williamson Act Land Conservation Contract No 69 131 Agricultural Contract Cancellation No 29 and remove the land from the Chino Agricultural Preserve and WHEREAS 2006 the City Council of the City of Chino conducted a public on October 3 hearing on the tentative cancellation of Williamson Act Land Conservation Contract No 69 131 Agricultural Contract Cancellation No 29 a notice of which was published and distributed according to law and WHEREAS the City Council has completed its study of the application finding that the proposed cancellation is consistent with the Williamson Act as indicated in Resolution No 2006 084 adopted on October 3 2006 tentatively approving cancellation of Williamson Act Land Conservation Contract No 69 131 and WHEREAS the City Council has considered the final cancellation accepted testimony from the applicant City staff and the public and WHEREAS the at a public hearing and has confirmed that all conditions and contingencies for final cancellation of Williamson Act Land Conservation Contract No 69 131 that are specified in the Certificate of Tentative Cancellation for said contract have been satisfied including confirmation City Council from the San Bernardino County Treasurer Tax Collector that the cancellation fee of 267 250 has been paid and all permits necessary to commence the project have been obtained Resolution No 2006 110 Page 2 of 2 NOW THEREFORE BE IT RESOLVED the City Council of the City of Chino does hereby approve and adopt this Resolution for Agricultural Contract Cancellation No 29 thereby granting approval of final cancellation of Williamson Act Land Conservation Contract No 69 131 for Assessor Parcel Numbers 1057 181 16 1057 181 17 and 1057 181 18 and removing the 29 69 acre site from the Chino Agricultural APPROVED AND ADOPTED THIS 5th Preserve DAY OF DECEMBER 2006 DENNIS R YATES MAYOR ATTEST LENNA J TANNER CITY CLERK State of California County of San City of Chino I Lenna J Bernardino City Clerk duly adopted by the City 2006 by the following vote was Tanner 9 of the City of Chino do hereby certify the Council at a regular meeting held on the AYES COUNCILMEMBERS NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS LENNA J TANNER CITY CLERK foregoing 5th day of Resolution December Recording requested by City of Chino When recorded return to City Attn of Chino Lenna Tanner City Clerk 13220 Central Avenue Chino CA 91710 CERTIFICATE OF FINAL CANCELLATION OF WILLIAMSON ACT LAND CONSERVATION CONTRACT 69 131 FULLMER of In accordance with Article 5 Chapter 7 Division 1 of Title 5 beginning with Section 51280 of the City of Chino has the Government Code of the State of California the City Council hereinafter referred to as the Cattle of a the Fullmer Company petition by granted final approval Land Contract described Conservation landowner for cancellation of the following Land Conservation Contract No 69 131 For Assessor Parcel Nos 1057 181 16 1057 181 17 1057 181 18 totaling 29 69 acres LEGAL DESCRIPTION See Attached a Certificate of Tentative On October 3 2006 the City Council of the City of Chino approved The petition for Cancellation for Williamson Act Land Conservation Contract No 69 131 alternative use of land cancellation was accompanied by a proposal for a specific that the On November 15 2006 the City of Chino received written notice from the landowner Tentative Cancellation for Land conditions and contingencies set forth in the Certificate of of Chino has The City Council of the City Conservation Contract No 69 131 were satisfied determined that they are satisfied and by its Mayor executes a Certificate of Final Cancellation for Land Conservation Contract No 69 131 contingencies that have by the Mayor of the City of The conditions and Final Cancellation A been satisfied in order to execute Chino are as follows a Certificate of The cancellation fee determined in accordance with Government Code Section 51283 to be in the amount of 267 250 shall be paid in full provided however that should a Certificate of Cancellation not be issued within one year from the date of the recording ofihele rilafive Certificate 6f Cancellation saTdcancema1jorr fee shaWbe re com puted as 4 51283 of the date of notice described in subdivision b of Government Code Section or the date the landowner requests a recomputation provided that the City Council concurs that all conditions and The cancellation fee was paid contingencies contained herein have been satisfied County Treasurer on November to the San Bernardino 15 2006 B permits to commence the project 51283 4 For the purposes of Section has determined that there are no outstanding applicant shall obtain all necessary approvals required in Government Code Section The as and 4 of the Government Code the city 51283 permits necessary to commence the project APPROVED AND ADOPTED THIS 5th DAY OF DECEMBER 2006 DENNIS R YATES MAYOR ATTEST LENNA J TANNER CITY CLERK STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF CHINO ss Lenna J Tanner City Clerk of the City of Chino do hereby certify that at a regular meeting of the City Council of the City of Chino held on the 5th day of December 2006 the foregoing Certificate of Final Cancellation was passed and adopted by the following vote to wit I AYES COUNCILMEMBERS NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS IN WITNESS HEREOF I have hereunto set my hand and affixed the official seal of the Chino this day of December 2006 Date By LENNA J TANNER CITY CLERK CITY OF CHINO City of EXHIBIT ONE PARCEL A PARCEL 1 That portion of the Southeast quarter one San Bernardino Base and Meridian in the the official Plat thereof descnoes as ofl l fractl io Section 33 CountY Jollows Township 2 South Range 1 We accordiilg to of San Bernardino state of California 35 feet Westerly ofand piu 208 Beginniilg at the intersection of a line 1 aJlel with With the North line of said SoUtheaSt the East 1iI1e of said Sou east quarter one thence South 00 46 3 A West parallel with the East line ofsaid quartet one Southeast North 89 0 a quarter orie 43 876 feet more or hiss Wesblldpassing through apoint in the 13 30 Southeast distance of to a line west lille of bearing ajd said pointbeing 1 784 83 feet North 10 11 10 East ofthe quartei one SoUthwest corner ofsmd Soritheast quarter one thence North 890 13 30 West feet 68 more or less to a pomt on the West line ofsaid a distance of 150 11 10 East ofllie Southeast one uaijet said point being 1784 83 feet North Southwest corner ofthe S6ptbeast om quarter thence North 10 11 10 East along the West lmeofllie Southeast one i1arter a distance of870 06 feet O I 1ess or more South 890 2 i Northwest rnei Of the said Soutp east quarter one theNortb line ofsaid Southeast along quaItet one feet more or 1ess to the oint of p beginning 1e tiTf thence 10 East distance of 47 1501 a EXCEPTING HEREFRO a one third interest in the Easterly 30 00 feet of the Westerly 28 1 00 feet ofthe Boutherly 30 feet ofilie Northerly 233 feet of said Southeast quarter one of Section 33 ALSO EXCEPTING lHEREFROM that portion described Beginning aLapointon the rorth line of said Southeast of said Southeast feet West of the East line West 200 00 feet to pornt thence North 0 Nerth he1ice 4 Southeast quarter one Southeast quarter one a 46 30 EaSt 200 OO feet qu one r as follows 35 1858 qmirter one thence South 00 46 30 89028 10 West 200 00 feet to a pe int in the point NOrth said thence South 890 281 10 East along the North line ofsaid 200 00 feet to the point ofbeginning Ta t of ine PARCEL 2 pUrposes over e Northe ly 50 feet of the 120 35 feet ofthe southeast Section 33 Easterly quarter one offractlopal 2 7 San Bernardino ToWnship South Range West Meridian in the County of San Bernardino State of California accoiding to the official Plat thereof exdusive Anon ease erttfor road PARCEL 3 That portion ofthe Southeast quarter one offractional Section 33 10 ToWnship 2 South Range 7 West San Bernardino Meridian according to the Official Plat thereof described as follows Beginnlng at a point on the North line of said Southeast quarter cine 1858 35 thence South 00 46 30 quarter one feet West ofthe East line ofsaid Southeast West 200 00 feet to a point thence North 89028 10 West 200 feet to a pornt thence North 0046 30 East 20Q 00 feet to apoint in the North line of said Southeast quarter one Southeast quarter one along the North line to the point ofbeginning thence South 89028 1011 EaSt 200 Feet of said PARCEL 4 of fractional section 33 Townsbip 2 A one third interest in that portion ofthe Southeast quarter one Base and Meridi in the CollDty of San Bernar4Uio State of South Range 7 West San Bernardino California according to the official plat tliereof described as follows Easterly 30 6ftbe Westerly i8 ofthe Southerly 30 ofthe Northerly quartef of Section 33 WeIIsite 30 Square feet more or les The 233 of said SoutheaSt Accessor s Parcel Nwnbers 1057 181 16 0 000 and 1057 181 17 0 000 and 1057 18i Commonly known as 8551 Hereford Drive Chino CA 91710 11 one 8 0 000 20 MEMORANDUM REDEVELOPMENT DEPARTMENT CITY OF CHINO COUNCIL MEETING DATE DECEMBER 5 2006 CITY MANAGER TO GLEN ROJAS FROM EARL NELSON DIRECTOR OF REDEVELOPMENT SUBJECT ACQUISITION OF REAL PROPERTY J1 13150 SEVENTH ST RECOMMENDATION Conduct the public hearing 2 adopt Resolution Nos 2006 111 and RDA 2006 06 approving the expenditure of redevelopment funds for real property acquisition for 1 expansion of public facilities located in the City of Chino and benefiting the Merged Chino Redevelopment Project Area 3 approve a Purchase and Sale Agreement between the Redevelopment Agency and Renee J Monje an unmarried woman to Seventh Street in the City of Chino 4 acquire the real property located at 13150 727 000 from unappropriated bond reserves and 5 authorize the appropriate Executive Director to open escrow and execute all necessary documents the Agency to process the transaction on behalf of FISCAL IMPACT Requires appropriation Redevelopment Agency Approved Denied of Continued 727 000 from unappropriated Tabled AYES DY GD EE TH EU NOES DY GD EE TH EU ABSENT DY GD EE TH EU ABSTAIN DY GD EE TH EU City Clerk bond reserves of the COUNCIL MEETING DATE DECEMBER 5 2006 SUBJECT ACQUISITION OF REAL PROPERTY 13150 SEVENTH ST PAGE 2 BACKGROUND the Redevelopment Agency actively seeks to eliminate blighting influences within In redevelopment project area including the funding of various public improvements the past the Agency has assisted in funding a variety of public improvements including public parking lots traffic signals bus shelters and storm drains The The real property under consideration improved with 1887 and was a to historic Victorian house originally known as the purchase contains This structure Moyse Building 5 280 square feet and is built by Richard Gird in was Later it became known as the On May 5 1888 Chino first schoolteacher began teaching a Gray Building Chino s first Thanksgiving was classroom of five children in one of the rooms upstairs it is with the U S Department of the also held there that same year Today registered Interior National Register of Historic Places s ISSUES ANALYSIS The property is located in downtown Chino adjacent to the Chaffey College ITC The two story building contains approximately 3 042 square feet of leasable space month 1 300 Chino of Commerce for per Valley Chamber ground floor is leased to the The City will be purchasing the property subject to the existing leasehold The second floor will be unoccupied at the close of escrow and available to lease for office use The The property was listed for sale earlier this year at a price of 750 000 which was later reduced to 724 000 As part of staff analysis the firm of Freeman and Associates was retained to conduct a valuation analysis of the property The appraiser determined the value range and is the purchase price amount of 724 000 is within the fair market by the Seller Staff met with the owner s representative Sue DeBoer The and mutually agreed on terms and conditions for the purchase of the property time staff details of the purchase were reviewed with Council in closed session at such was directed to proceed in finalizing the purchase documents amount offered executed by purchase and sale agreement has been prepared by legal counsel and with the City and Seller the Seller The agreement provides for a 30 day escrow period sharing the cost of escrow fees estimated not to exceed 3 000 each A paid by the City to the Seller is all inclusive of Seller s interest in the Property and any rights or obligations which exist or may arise out of the acquisition of the Property for public purposes Additionally the purchase and sale agreement includes a warranty by the Seller that to the best of Seller s knowledge The no 724 000 compensation to be environmental contaminants exist on the site Safety Code Section 33679 the Redevelopment Agency Board and City Council are required to hold a public hearing prior to committing all or part of the Redevelopment Agency tax increment funds for the purpose of paying the value of the land for any publicly owned building In addition Agency and Council In accordance with Health and COUNCIL MEETING DATE DECEMBER 5 2006 SUBJECT ACQUISITION OF REAL PROPERTY 13150 SEVENTH ST PAGE 3 the Agency funding the cost to findings and determinations prior to These findings and acquire real property for future Public Facility Improvements must make certain determinations a are are of benefit to Facility Improvements to be funded by the Agency is dependent upon the the Project Area in that redevelopment of the Project Area facilities including publicly provision of adequate infrastructure and community That the Public owned facilities b Facility Improvements are City monies are dedicated available to the community for the following reasons to the operation of critical police fire and other necessary expenditures including ii the only practical means of paying for the other capital improvement projects iii without Agency funding for the Public Improvements is to use Agency funding or would be delayed Public Improvements the Project would be unable to proceed all to the detriment of the redevelopment of the Project Area or reduced That no other reasonable means of financing the Public i in the elimination of blighting Agency s funding identified herein will assist is a conditions in the Project Area in that deficient Public Facility Improvements financial assistance blighting condition addressed by the Agency s c That the d That the is consistent with the Agency s adopted Agency s funding identified herein Implementation Plan and that addressing inadequate Public Facility Improvements This is a priority identified in the Implementation would benefit the Project Area Plan Agency s funding for the Public Facility Improvements effectuate the purposes of the Redevelopment Plan e That the f That the is necessary to to be used for the Public Agency s finding for the acquisition of the property Area because the property is the Project Facility Improvements will primarily benefit Area located in the Downtown Central Business District Redevelopment Project of 727 000 toward It is recommended that the Agency Board authorize the expenditure located in the City and real property acquisition costs for Public Facility Improvements benefiting AC the Merged Project Area RESOLUTION NO 2006 111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO CALIFORNIA APPROVING AN AGREEMENT FOR THE PURCHASE AND SALE OF REAL PROPERTY AND THE EXPENDITURE OF REDEVELOPMENT FUNDS OF ACQUISITION REAL PROPERTY TO BE CITY OF CHINO PUBLIC FACILITIES LOCATED IN THE AND THE BENEFITING FOR THE USED FOR MERGED CHINO REDEVELOPMENT PROJECT AREA WHEREAS adopted 743 the on or 1981 about No 2 the Redevelopment about May City Plan for the Central 24 1972 as amended by of Chino Council City No politic 93 29 and on or Agency Safety Redevelopment Agency Code S WHEREAS the about December 28 Ordinance No Seller 33000 et seq Agency ofthe City of Chino a 2000 06 with on or Project Area and public body corporate and has been negotiating Agreement in which property and improvements 13150 Seventh Street Chino California and more attached as Exhibit A to the Agreement and Agency that certain the will sell real WHEREAS 1993 redevelopment agency performing redevelopment functions within City pursuant to the California Community Redevelopment Law Sale and Escrow Instructions Monje December 27 and Ordinance No is the the territorial limits of the Health on approved City Redevelopment Project by Ordinance No 81 27 by June 20 2000 which merged the Central City Redevelopment Project to create the Merged Chino Redevelopment Project Area Project Area by Ordinance WHEREAS the and Council of the City the Agreement for Agency will buy thereon particularly the Purchase and and Renee 1 Property described in the located at legal description desires to assist in the costs of Seven Hundred Twenty Four acquisition of the Property for the construction and use as a public facility and or other community facility to be owned by the City at a location within and the Project Area boundaries hereinafter the Public Facility Thousand Dollars WHEREAS Council 724 000 00 for the to make certain WHEREAS evidence concerning Safety Code Section 33445 requires the Agency and City findings prior to Agency funding ofthe cost ofthe Public Facility and Health and the the Agency and City Council have proposed Agency funding and considered all the information and required of the Agency and City Council to be taken precedent to of the Agency funding have been taken in accordance with applicable WHEREAS all action review and consideration law NOW THEREFORE OF CHINO AS FOLLOWS 698 062212 0001 718789 01 al1 16 06 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY Section 1 That the above recitals Section 2 That the true and correct and incorporated City Council does hereby find and determine That the a are acquisition of the Property by Agency are ofbenefit to the Project dependent upon the provision of adequate public safety police fire and other community facilities follows to be used for the Public Area in that funded as herein redevelopment Facility ofthe infrastructure and facilities and Area is Project including public financing the acquisition of the Property community for the following reasons i City monies are dedicated to critical police fire and other necessary expenditures other capital improvement projects ii the only practical means of paying for the including Property to be used for the Public Facility is to use Agency funding iii without Agency funding for the Property to be used for the Public Facility the Project would be unable to proceed or would be delayed or reduced all to the detriment ofthe redevelopment ofthe Project Area b That other reasonable no to be used for the Public Facilities That the c of blighting Agency conditions in the condition addressed by the Project Agency s are funding s means of available to the identified herein will assist in the elimination Area in that deficient public facilities is a blighting financial assistance funding identified herein is consistent with Agency s adopted Implementation Plan in that addressing inadequate public facilities in and benefiting the Project Area is a priority identified in the Implementation Plan Public Facility d That the Agency e That the Agency funding is necessary to effectuate s acquisition of the Property to be used the purposes ofthe Redevelopment Plan for for the Agency funding for the acquisition ofthe Property to be used the Public Facilities will primarily benefit the Project Area because of the location in Downtown Central Business District Redevelopment Proj ect Area That the f Section 3 The City Council consents to the Agency s restriction for the required pursuant Safety Code Section 33445 g that the Public Facilities shall not include the construction or rehabilitation of a building that is or will be used as City Hall to Health and Section 4 Council The Agency s funding independent judgment exempt s CEQA pursuant to of the from of the acquisition the California Property is in the City Environmental Quality Act Title 14 ofthe California Code of Regulations Sections 15060 c 2 and project for purpose of CEQA is the acquisition of the Property only and will not result in any significant adverse impact to the environment and neither the City nor the Agency has specified any particular project to be proposed for the Property which if and 15061 b when 3 in that the proposed in Section 5 its authorization the future will be The City subject to compliance with CEQA Council consents to the purposes ofthis Resolution 698 718789 0001 062212 01 all 16 06 Agency s approval ofthe Agreement and to its Executive Director to take such other and further actions to effectuate the 2 APPROVED and ADOPTED this 5th day ofDecember 2006 Dennis Yates Mayor ATTEST Lerma J Tanner City Clerk STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ss CITY OF CHINO City Clerk of the City of Chino California do hereby certify that the foregoing Resolution of the City was duly adopted by said City at a regular meeting held on the I Lerma J Tanner 5th day ofDecember 2006 by the following vote AYES COUNCILMEMBERS NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS ABSTAINED COUNCILMEMBERS City Clerk 698 718789 01 0001 062212 011 16 06 3 RESOLUTION NO RDA 2006 06 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHINO CALIFORNIA APPROVING AN AGREEMENT FOR THE PURCHASE AND SALE OF REAL PROPERTY MTI REDEVELOPMENT THE FUNDS EXPENDITURE FOR THE OF ACQUISITION OF REAL PROPERTY TO BE USED FOR PUBLIC FACILITIES LOCATED IN THE CITY OF CHINO AND BENEFITING THE MERGED CHINO REDEVELOPMENT PROJECT AREA WHEREAS adopted 743 the on or 1981 the City No 2 to create the 93 29 on by Ordinance No the Central Code S WHEREAS the 33000 et seq 2000 06 with on or Project Area and and has been Agency Sale and Escrow Instructions Monje and No about December 28 Redevelopment Agency of the City of Chino a public body corporate redevelopment agency performing redevelopment functions within the City pursuant to the California Community Redevelopment Law the territorial limits of Safety 1993 on or and is the Agency politic December 27 81 27 merged City Redevelopment Project Merged Chino Redevelopment Project Area Project Area WHEREAS the Health of Chino Redevelopment Plan for the Central May 24 1972 as amended by Ordinance No about June 20 2000 which and City Council approved City Redevelopment Project by Ordinance City about Ordinance No by Council of the the negotiating Agreement that certain in which the Agreement for Agency will buy Purchase and and Renee J will sell real property and improvements thereon the Property located at 13150 Chino California and more particularly described in the legal description Seventh Street attached as Exhibit A WHEREAS Thousand Dollars other to the Agency Public WHEREAS acquisition by the City Safety findings prior use as a Twenty Four public facility or location inside the to Code Section 33445 Agency funding the Project Area requires the of the cost ofthe Agency and City Public Facility and considered all the information and Agency and City Council to be taken precedent to Agency funding have been taken in accordance with applicable required review and consideration of the a for and Facility WHEREAS all action Property at Agency and City Council have concerning the proposed Agency funding and WHEREAS evidence ofthe to be owned Health and Council to make certain and desires to assist in the costs of Seven Hundred 724 000 00 for the community facility hereinafter the Agreement of the law NOW THEREFORE BE IT RESOLVED BY THE REDEVELOPMENT AGENCY OF THE CITY OF CHINO AS FOLLOvVS 698 062212 0001 71887101 all 22 06 Section 1 That the above recitals Section 2 That the Agency does are true and correct and incorporated hereby find and determine as herein follows acquisition ofthe Property to be used for the Public Facility and funded by Agency are ofbenefit to the Project Area in that redevelopment ofthe Project Area is facilities including public dependent upon the provision of adequate public infrastructure and That the a safety and other community facilities acquisition of the for the following Property to be used for the Public Facility are available to the community other i City monies are dedicated to critical police fire and necessary expenditures reasons means of ii the other only practical paying for the including capital improvement projects iii without use Agency Agency funding Property to be used for the Public Facility is to would be unable to the to be used for the Public for the Facility Project Property funding of the detriment ofthe redevelopment Project proceed or would be delayed or reduced all to the b That no other reasonable means of the financing Area Agency s funding identified herein will of blighting conditions in the Project Area in that deficient public condition addressed by the Agency s financial assistance c That the assist in the elimination facilities is a blighting funding identified herein is consistent with Agency s facilities in and benefiting the adopted Implementation Plan in that addressing inadequate public Plan Project Area is a priority identified in the Implementation Public Facility d That the Agency e That the Agency funding for Facility That the will Agency funding primarily benefit the for the Project Downtown Central Business District Redevelopment Section 3 Pursuant to Health and shall not include the construction or Property to be used Redevelopment Plan acquisition is necessary to effectuate the purposes ofthe f the Public s Safety ofthe acquisition Property to be used for Property is located in the ofthe Area because the Proj ect for the Area Code Section 33445 g rehabilitation of a building that is or the Public will be used Facility as City Hall Agency s funding of the acquisition of the Property is in the Act Agency s independent judgment exempt from the California Environmental Quality 2 and CEQA pursuant to Title 14 ofthe California Code of Regulations Sections 15060 c the the of in that the project for purpose of CEQA is Property only 15061 b 3 acquisition and will not result in any significant adverse impact to the environment and neither the City nor the Agency has specified any particular project to be proposed for the Property which if and when proposed in the future will be subject to compliance with CEQA Section 4 The is approves the Agreement and the Executive Director to and to such documents authorized and directed to take such other and further actions sign Section 5 The Agency effectuate the purposes ofthis Resolution 698 062212 0001 71887101 011 22 06 2 APPROVED and ADOPTED this 5th day ofDecember Earl Elrod 2006 Chairperson ATTEST Lenna J Tanner Secretary STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ss CITY OF CHINO City Clerk of the City ofChino California do hereby certify that the held on the foregoing Resolution of the City was duly adopted by said City at a regular meeting 5th day ofDecember 2006 by the following vote I Lenna J Tanner AYES COUNCILMEMBERS NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS ABSTAINED COUNCILMEMBERS City 062212 0001 71887101 a11122 698 06 3 Clerk L MEMORANDUM CITY OF CHINO COMMUNITY SERVICES DEPARTMENT COUNCIL MEETING DATE TO GLEN ROJAS CITY MANAGER FROM TINA SRAY COMMUNITY SERVICES DIRECTOR SUBJECT JOINT USE AGREEMENT BUILDING DECEMBER 5 2006 JJ PRESERVE K 8 SCHOOL MULTI PURPOSE RECOMMENDATION Approve a Joint Use Agreement with the Chino Valley Unified School District for the use of the Multi Purpose Building at the Preserve K 8 School and authorize the City Manager to execute all necessary documents FISCAL IMPACT Anticipated maintenance and custodial costs will be included in the City Clerk Approved AYES DY GD EE TH EU NOES DY GD EE TH EU ABSENT DY GD EE TH EU ABSTAIN DY GD EE TH EU Denied City s FY 2007 08 Continued Tabled budget COUNCIL MEETING DATE DECEMBER 5 2006 SUBJECT JOINT USE AGREEMENT PRESERVE K 8 SCHOOL MULTI PURPOSE BUILDING PAGE 2 BACKGROUND process for the Preserve included the development of a number of public facilities future residents of the Preserve the During this process the Chino Valley Unified a need for 8th grade K 8 school site The City School District identified the kindergarten and the identified the need for a gymnasium County expressed a need for a new library The The to planning serve agencies subsequently met with Lewis Operating Corp LOG and agreed to develop a single facility that would meet the facility requirements of each agency The K 8 school would be designed to include a multi purpose gymnasium and library facility providing the agencies the opportunity to share maintenance and operating costs within the joint use building three At this time the City also requested the development of two dedicated recreation rooms within The additional classrooms would provide the City dedicated programming the new facility to offer school and other classes during the time the school is in session And finally space pre LOC agreed to as specified in The Preserve Specific Plan and Development Agreement develop an acre eight park site adjacent to the school campus for the contribution of one million dollars in Preserve the design and construction of a multi purpose building located on the K 8 school site The facility would include a joint use library and gymnasium a kitchen music room and locker rooms for the exclusive use of the District and two activity rooms and offices for exclusive use by the City Development Agreement calls Development Impact Funds toward The ISSUES ANALYSIS Originally presented at the October 17 back to staff in order to address the term of the maintenance of the facility Subsequent to re reached between visiting those issues with the the City and the District with City Council sent agreement and the the proposed agreement District s commitment of joint following key points use the meeting District the a finalized The initial term of the agreement will be for 30 years with agreement for an additional 30 years an agreement option has been to renew the The District agrees to provide a level of maintenance to ensure a safe and clean facility The City will have exclusive use of the gymnasium on school days starting 30 minutes after school is out until 10 pm school days The has exclusive It also will have use on weekends holidays and non of the two activity rooms portion of the park that includes ball fields to The developer Lewis Operating Company agreed to the District during school hours construct a fence to provide security for the students and staff The City will pay 35 of the custodial costs for the multi purpose building minus the kitchen areas and will share the maintenance costs of the joint use areas with the The City City use will allow exclusive use of a small District The City will participate in an impound replacement account that will fund the gym floor and cover maintenance and partnership community This TS PM ay is a unique one that truly brings the two agencies together for the benefit of the 2 MEMORANDUM CITY OF CHINO COMMUNITY SERVICES DEPARTMENT COUNCIL MEETING DATE DECEMBER 5 2006 TO GLEN ROJAS CITY MANAGER EXECUTIVE DIRECTOR FROM TINA SRAY DIRECTOR OF COMMUNITY SERVICES SUBJECT AWARD OF CONTRACT J Il 47 AYALA PARK EXPANSION PHASE A DEVELOPMENT RECOMMENDATION 1 Award 489 12 a contract to Los Angeles Engineering Inc Rosemead CA in the amount of 723 for the construction of the Ayala Park Expansion Phase A Development 2 appropriate 555 046 from the unappropriated reserves of the Redevelopment Agency Fund 3 appropriate 465 600 from the unappropriated reserves of the Park Development Fund and 4 authorize the City Manager to execute all necessary documents FISCAL IMPACT Requires an appropriation of 555 046 from the unappropriated reserves of an and Redevelopment Agency Fund 465 600 from appropriation of reserves of the Park unappropriated Development Fund City Clerk Approved AYES DY GD EE TH EU NOES DY GD EE TH EU ABSENT DY GD EE TH EU ABSTAIN DY GD EE TH EU j Denied Continued Tabled the the COUNCIL MEETING DATE December 5 2006 Award of Contract SUBJECT Ayala Park Expansion Phase A Development PAGE 2 BACKGROUND in the FY 2006 07 Park Development Fund and Redevelopment Agency budgets are funds to construct the first phase of the Ayala Park Expansion Project In January 2004 140 acres of surplus State Department of Corrections property located to the south and east of the existing Ayala Park site was deeded to the City as part of the sale of State property to SunCal Companies for the development of College Park Approximately 70 acres of the site are currently developed and include four softball Included a skate park Of the restroom concession facility 2 parking lots Ayala Golf Center and the YMCA included in the first 65 acres will be phase of the remaining 70 acres approximately be while 5 will utilized by Chaffey College for the project approximately acres fields two baseball fields expansion ChaffeylCity Culinary Arts and all with Community soccer overlays field a Center which will include a banquet facility ISSUES ANALYSIS development of the park will concentrate on the initial development of the site including grading installation of site utilities and the development of the majority of the Construction operations will include mass grading of planned soccer fields approximately 65 acres of park land installation of potable and reclaimed water service Site development will also include sewer storm drain and electrical service to the site the construction of the lighted synthetic turf football soccer stadium and five soccer fields vehicle access road and parking lot restroom building security lighting and site s landscaping A portion of the concession building that will house the park electrical of constructed the first switch gear will also be development during phase Phase A of development will include the construction of the remaining four soccer fields two additional restroom buildings maintenance building and completion of the concession building installation of athletic lighting on all soccer fields construction of an additional parking lot play area basketball courts tennis courts rose garden and Subsequent phases development of the land within the SCE easement During the preparation of the construction documents the plans and bid documents were designed in order to provide a series of base bid and additive bid items for the prospective contractors to bid Once the bids were received the City would have the opportunity to review the bids submitted and award the base bid and any combination of This would allow the City the additive bid items that fit within the project budget in construction contract amount of the maximum flexibility awarding Notices inviting bids were recently published publications for the project On Tuesday the following Base Bid results in local newspapers and November 14 2006 bids were trade received with building Los Angeles Engineering Inc Riverside Construction Company Inc 11 001 559 57 Griffith 47 785 479 11 11 954 563 39 Company Vance Corporation Park West Landscape Mallcraft Inc Inc 11 080 787 03 12 002 117 37 13 774 633 53 COUNCIL MEETING DATE December 5 2006 Award of Contract SUBJECT Ayala Park Expansion Phase A Development PAGE 3 During the review of the Bid Proposals a number of Additive Bid Items were added to project in order to complete the development of the park s ten soccer fields The proposed Additive Bid Items include the construction of soccer fields 7 10 the the installation of aluminum bleachers at the tournament footballlsoccer field and the construction of the southwest parking lot The inclusion of these Additive Bid Items with the Base Bid Items will provide for the construction of the four remaining soccer fields including goals concrete walkways and security lighting the construction of approximately 444 additional parking stalls to support the additional soccer fields and A summary of the revised bid provide spectator seating for the tournament field amounts including Base Bid and the proposed Additive Bid Items is 489 12 Los Angeles Engineering Inc Riverside Construction Company Inc Griffith as follows 723 00 12 503 369 03 27 13 441 130 Company 13 567 733 39 Vance Corporation Park West Landscape Inc Mallcraft Inc A summary of the current provided 13 649 646 67 17 balance is project provided as 451 349 81 follows 723 00 Contract Award 489 12 Contingency 550 078 00 710 845 00 Architecture and Engineering Fees Inspections and Additional Development Costs 320 000 00 Total Construction Cost 14 070 646 00 Balance 13 050 000 00 Current Project Total Additional Funds 1 020 646 00 Required apparent low bidder staff reviewed the bid proposal submitted by Los Angeles Engineering Inc Rosemead CA including their bid form references licensing bonding and insurance and found them to be acceptable As a result of the contractor s ability to meet all bidding and bonding requirements staff is recommending award of the construction contract to Los Angeles Engineering Inc Rosemead CA in the amount of As 489 12 723 00 park site as proposed including the Base Bid and Additive Bid Items additional appropriation of 555 046 from the unappropriated reserves of the Redevelopment Agency Fund and an appropriation of 465 600 from the unappropriated There are adequate monies in both reserves of the Park Development Fund is required of these Funds to offset the proposed development costs In order to construct the an TS MKJay I III I I COUNCIL MEETING DATE DECEMBER 5 2006 SUBJECT HABITAT FOR HUMANITY AFFORDABLE HOUSING PROJECTS PAGE 2 OF 2 BACKGROUND Redevelopment Agency of the City of Chino with the development of affordable profit homes on undeveloped or under developed residentially zoned parcels in the single family To date eight projects have been completed including three Habitat for Chino downtown area Humanity homes Eight additional projects including a new Habitat for Humanity home are currently underway Over the past five years have been assisting for the City and of Chino and non profit developers Pomona Valley Habitat for Humanity is currently in escrow to purchase two residential parcels located at 13071 and 13079 10th Street for a cost of 470 000 plus closing costs It is Habitat for Humanity s intent to develop two new single family homes for sale to low income families at an affordable housing cost ISSUES ANALYSIS project will represent the 11th and 12th Habitat for Humanity homes in Chino and the Redevelopment Under the OPA the City of Chino hereinafter referred to as City will referred to as provide an amount not to Agency Agency of the City of Chino hereinafter 569 000 for payment of the following pre development and development costs exceed 470 000 2 closing costs estimated at 5 000 3 demolition and site 1 property acquisition 10 000 4 payment of all development fees and permits including but clearance expenses 60 000 fees and building and public works permits estimated at to school not limited at issuance estimated a condition of for off site as permit 5 payment all improvements required be the 130 000 in cost the will funded of City Community 24 000 The total project jointly by 439 000 in Redevelopment Development Block Grant funds and the Redevelopment Agency Low and Moderate Income Housing Fund monies If approved this By providing for the development of two affordable single family homes on unimproved parcels in the City s downtown district this project will address several goals and objectives stated within the City s Infill Housing Development Program Policy and Housing Element As required under California Community Redevelopment Law affordability covenants requiring that the home be sold to a very low income household at an affordable housing cost will be recorded on the property s title Said covenants will remain in effect for a period of forty five 45 years and will apply to all owners of the property during that period Tucker has prepared an Owner Participation Agreement counsel for the Agency Rutan terms conditions for the development of the project The OPA sets forth the and OPA which s and s investments identifies the goals and objectives in entering the City Agency quantifies the s into the agreement outlines obligations and provides a Schedule of Developer must be Performance under which these obligations completed Finally the OPA provides the Legal covenants that will be recorded maintenance and future occupancy of the legal CC ro against the property single family homes to ensure the afford ability Z REDEVELOPMENT AGENCY REGULAR MEETING CITY HALL COUNCIL CHAMBERS NOVEMBER 21 2006 7 30 P M OPEN SESSION MINUTES Vice Chair Haughey called the Redevelopment Agency to order at 8 27 p m He noted that Chairman Elrod was absent Consent Calendar all Members Regular meeting November 7 2006 present 1 Minutes 2 Redevelopment Aaencv Sillina Statements Approve payment of expenses incurred by the City of Chino on behalf of the Redevelopment Agency Member Duncan seconded by Member Ulloa 4 0 1 vote to approve Consent Calendar Items 1 and 2 as Moved by AYES YATES DUNCAN HAUGHEY ULLOA NOES ABSENT NONE and carried on a presented ELROD Public Communications There were no requests to speak Adiourn The meeting was adjourned at 8 29 p APPROVED AND ADOPTED THIS m 5th DAY OF December 2006 GLEN ROJAS EXECUTIVE DIRECTOR ATTEST LENNAJ TANNER SECRETARY Ijt 06RDA11 21M These minutes are not official until The official copy of this document is on file in the City Clerk s signed Office