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08-26-2008 CC Rpt A16 COUNCIL AGENDA STAFF REPORT cfptt r ,Qt1LY Meeting Date: August 26, 2008 t 2008 AUG I --�-- 8 AM 8: 36 1 ,.;). Public Hearing: 0 OFFICE ,`-911'="111."1 ' Discussion item: ❑f CHINO MILLS Consent item: August 19, 2008 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY MANAGER SUBJECT: BOND STATUS CHANGE FOR WATER PUMP STATION NO. 3 OF TRACT MAP 15164, AND ACCEPTANCE INTO THE CITY-MAINTAINED SYSTEM RECOMMENDATION: 1. Authorize a status change of improvement performance security to guarantee/warranty for the Water Pump Station No. 3 improvements required for Tract Map 15164. • 2. Adopt a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS ACCEPTING WATER PUMP STATION NO. 3 ON VELLANO COUNTRY CLUB DRIVE IN TRACT 15164 INTO THE CITY- MAINTAINED SYSTEM BACKGROUND/ANALYSIS: The original improvement securities for Chino Hills Land West, L.L.C. and Chino Hills Mortgage, L.L.C., 333 South Grand Avenue, 28th Floor, Los Angeles, CA 90071, were accepted on November 27, 2001. The project consists of 205 single-family detached homes, a golf course, clubhouse and amenities, a golf course maintenance building, two city parks, open space, and trails. On January 22, 2008, the City Council authorized a twelve (12) month extension of time to November 27, 2008, and seventy-five percent (75%) reduction of the faithful performance securities for Water Pump Station No. 3 required for Tract Map 15164. The construction of Water Pump Station No. 3 has been completed and, at the request of the developer, this facility has been inspected by the Engineering Department, the Public Facilities and Operations Department, and the Community Development Department and was determined to have been built in accordance with the approved plans. The facility has been tested and will be placed into public operation as of ipAGENDA DATE: August 26, 2008 Page 2 SUBJECT: BOND STATUS CHANGE FOR WATER PUMP STATION NO. 3 OF TRACT MAP 15164, AND ACCEPTANCE INTO THE CITY- MAINTAINED SYSTEM August 26, 2008. The improvements have been approved for a status change to guarantee/warranty for a period of one (1) year to August 26, 2009, to guarantee against defective work and materials. Maintenance of Water Pump Station No. 3 is funded through the Water Utilities Fund. REVIEW BY OTHERS: This item was reviewed by the City Attorney, the Community Development Director, the Public Facilities and Operations Director, and the Finance Director. FISCAL IMPACT: There is no impact to the General Fund since Water Pump Station No. 3 is funded through the Water Utilities Fund. • - -spectfully Submitted, Recommended by: 6. ° -)1 • 'tit "R.1.1.--,A.A412_4_,LS:2-7: 61€511242 00-A-A.O. Dou. N. La Belle, City Manager Raynd T. Holland, Interim City Engineer RH/YM/ps Attachment D NUMBER DRAWING NUMBER DRAWING NUMBER DRAWING NUMB R 'IiN AMENDINQ sNmfW3acTe .NEWIO{IAN®0 MAP illb M10.� , 6.RETIOOLT9 51*10154510114 • . °Nm 1-- �,.,.»»...,® - I..®IN1M1».N MO501!111110».0.5® .__ n - - - - - - ...�.5..�. •-•.-'''''...'••••••• ••................... �•- �q....�. 91rliar AMENDING MAP - 9 ,,,��4 or a�sMaTs F 500' N01IGS AND SART MAP 5¢SIM TRACT N O. 151Co 4 g 1010....11MmT T0111.ACRES. WO 44 AG. 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AL ra r v.WRAC 61NPC t5 Mar no Itt A GOPrO5RC DCVTLOPiV4T PLAN�CDr. 1 _-- _- �4 I ® �r101a5R u v.cOL AccEr1ED As Ror.c0IL AFTECTNG TMS MAP 15 OM TLL 5ITITTME'r L------- i_ 1 1 ®•m r v_v o.4•.r/rD�D Nuc 110 CAG PM RL • mum.AID SAFETY 01151011 • f 1 30;-P 6 Aitk:114k0 RESOLUTION NO. 08R- 0 R SOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS ACCEPTING WATER PUMP STATION NO. 3 ON VELLANO COUNTRY CLUB DRIVE IN TRACT 15164 INTO THE CITY-MAINTAINED SYSTEM WHEREAS, Water Pump Station No. 3 was required to be constructed as part of Tract Map No. 15164 (Vellano Country Club with an18-hole private golf course and 205 single-family detached homes); and WHEREAS, the various City departments have inspected the improvements for the water pump station and determined that the improvements were installed per plan; and WHEREAS, the Water Utilities Fund will fund the maintenance of the water booster station; and WHEREAS, it is in the public interest that the water booster station shall be maintained by the City. NOW, THEREFORE, the City Council of the City of Chino Hills, does hereby impl resolve, determine, find, and order as follows: SECTION 1. That Water Pump Station No. 3 be accepted into the City-maintained System. SECTION 2. The City Clerk shall certify as to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED, AND ADOPTED this day of August 2008. CURT HAGMAN, MAYOR ATTEST: MARY M. McDUFFEE, CITY CLERK impAPPROVED AS TO FORM: MARK D. HENSLEY, CITY ATTORNEY .1 of 2 RESOLUTION NO. 08R- O A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS ACCEPTING WATER PUMP STATION NO. 3 ON VELLANO COUNTRY CLUB DRIVE IN TRACT 15164 INTO THE CITY-MAINTAINED SYSTEM WHEREAS, Water Pump Station No. 3 was required to be constructed as part of Tract Map No. 15164 (Vellano Country Club with an18-hole private golf course and 205 single-family detached homes); and WHEREAS, the various City departments have inspected the improvements for the water pump station and determined that the improvements were installed per plan; and WHEREAS, the Water Utilities Fund will fund the maintenance of the water booster station; and WHEREAS, it is in the public interest that the water booster station shall be maintained by the City. NOW, THEREFORE, the City Council of the City of Chino Hills, does hereby • resolve, determine, find, and order as follows: SECTION 1. That Water Pump Station No. 3 be accepted into the City-maintained System. SECTION 2. The City Clerk shall certify as to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED, AND ADOPTED this day of August 2008. CURT HAGMAN, MAYOR ATTEST: MARY M. McDUFFEE, CITY CLERK rill APPROVED AS TO FORM: MARK D. HENSLEY, CITY ATTORNEY 1 of 2 • THE ATTACHED ORDINANCE NO. 218 WAS CONSIDERED BY THE CITY COUNCIL AT THEIR LAST MEETING; THE ORDINANCE IS NOW BEING PRESENTED FOR ADOPTION. • A17 1411. ORDINANCE NO. 218 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, PROVIDING FOR SEPARATE UTILITY SERVICE TO PUBLIC AGENCY PARKING STRUCTURES BY ADDING SECTION 10.34 TO CHAPTER 10 OF THE CHINO HILLS MUNICIPAL CODE The City Council of the City of Chino Hills does ordain as follows: SECTION 1: The City Council finds and declares as follows: A. In accordance with its police powers as set forth in the California Constitution, the City can enact laws that protect and/or promote public health, safety, and welfare; B. Southern California Edison Rule 16, and more specifically 16.B.2.c. and 16.C.2.c. provide that, when required by local ordinance, a separate utility meter can be installed; C. Parking lots under new construction that are owned by a public agency and are at least partially available for use by the public generally and are adjacent to public and private land uses should be separately metered and served for purposes of the provision of utility services; D. Public parking lots or structures under new construction that are owned by a public agency and are at least partially available for use by the public generally, and are adjacent to or near public and private land uses, should be separately metered and served for purposes of the provision of utility services. This separate metering will allow for the public agency to separately account for the costs of the operation of the parking lot for purposes of assessing on a cost/benefit analysis the use of the parking lot or structure. It will also provide the public agency the ability to determine, in the event the public agency desires to install parking meters on the parking spaces or otherwise impose a parking fee for use of spaces in the parking lot, the amount that should be charged to users of the parking lot. Also, in the event that the public agency desires to assess the costs of the operation of the lot on other property owners in the City, which assessment can be subject to state laws that require specific financial data as part of levying an assessment (for example Proposition 218 — Article XIIIC and p of the California Constitution), separate metering and service will facilitate the receipt of financial information necessary for this purpose; -1- E. It is in the public interest for the City Council to adopt this Ordinance. SECTION 2: Chino Hills Municipal Code ("PHMC") is hereby amended to add the following sections: 10.34 — PARKING LOT UTILITY SERVICES 10.34.010 Definitions. For purposes of this Chapter, certain words and terms are defined as follows: "Parking lot(s) " shall refer to a parcel of land on which construction will occur or is underway on or after the effective date of this Ordinance and that is used primarily for the parking of vehicles regardless of whether the parcel only provides for parking on the surface of the parcel or contains a multi-level, above and/or below ground parking structure. "Utility service" shall refer to electric, gas and communication utility services. OP10.34.020 Public Parking Lots Parking lots located on property owned or leased by a public agency, or a subdivision thereof, and that are in at least partially available for use by the public generally and are adjacent or within 1000 feet of public agency and private land uses shall be separately metered and served for utility services unless the legislative body of the public agency passes a resolution determining that a separate meter for the parking lot is not required. SECTION 3: If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 4: Each and every one of the findings and determinations in this Ordinance are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole. SECTION 5: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Chino Hills's book of original ordinances; make a note of the passage and adoption in the records of this meeting; bpand, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. -2- 10 SECTION 6: This Ordinance will become effective on the thirty-first (31st) day following its passage and adoption. PASSED AND ADOPTED this day of , 2008. Curt Hagman, Mayor ATTEST: Mary M. McDuffee, City Clerk APPROVED AS TO FORM: FpMark D. Hensley, City Attorney 1111 -3-