TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, DIRECTOR OF PUBLIC WORKS
SUBJECT
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Final Acceptance - Site Approval 2007-07 (RVSA, LLC).
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RECOMMENDATION
1) Accept public improvements as complete for Site Approval 2007-07 and Special Conditional Use Permit 2007-12; 2) authorize the release of the performance bond and initiate the warranty bond; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.
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FISCAL IMPACT
There are sufficient funds included in the City’s Operating Budget to support the ongoing maintenance activities related to the public improvements being accepted.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES
The recommendation detailed above will further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image
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BACKGROUND
In 2018, the Planning Commission re-approved Site Approval 2007-07 and Special Conditional Use Permit 2007-12 to construct a 313-space RV storage facility and a 384 square-foot RV storage leasing office on 7.19 acres of land in the Edison Easement land use designation of the East Chino Specific Plan area (“Project”). The Project is generally located on the northwest corner of Edison and Mountain Avenues (Exhibit A).
The City Council originally certified the Project’s Final Environmental Impact Report and approved the General Plan Amendment and East Chino Specific Plan Amendment in 2015. Shortly thereafter, third-party petitioners filed a legal dispute in California Superior Court challenging the City Council’s decision to certify the Final Environmental Impact Report and its approval of the General Plan Amendment and East Chino Specific Plan Amendment for the Project. Based upon the Court’s ruling, all previous approvals by the Planning Commission and City Council associated with the Project were determined to be invalid until such time the environmental deficiencies could be resolved.
While the Environmental Impact Report and legislative items were being challenged, RVSA, LLC (the “Applicant”) decided to proceed with the Project. Upon the Planning Commission’s re-approval of the Project on February 21, 2018, the City Council certified the Project’s Final Environmental Impact Report (as amended) and approved the General Plan Amendment and East Chino Specific Plan Amendment on March 18, 2018.
The Conditions of Approval for this Project required the Applicant to complete certain public improvements along the project’s frontage, which include, but are not limited to, curb and gutter, driveway approach, sidewalk, storm drain lateral, domestic water lateral, recycled water lateral, sewer lateral, and street light relocation. The public improvements necessitated the execution of a Public Improvement Agreement and the posting of securities that were approved by the City Council on December 5, 2018 (Exhibit B).
Construction of the public improvements began in January 2019. During construction, the Applicant discovered that work performed by the contractor was substandard in some instances and needed to be re-constructed and that subcontractors were not being paid. As a result, the Applicant re-bid the work and acquired a new prime contractor to complete the public improvements, resulting in construction delays.
The public improvements were completed by the end of October 2019. Then in January 2020, City staff issued a punch list describing all remaining items to be completed by the Applicant before closing out the project. At that point, the Applicant worked on completing punch list items for an extended time. In addition, there was a delay in reassigning the project after the City experienced staff turnover, which led to minimal communication between the City and the Applicant for an extended period.
The project was reassigned to a new staff member early last year and an updated punch list was immediately issued to the Applicant. Since then, staff has been working with the Applicant to address all remaining items, which include the submittal of documents such as as-built drawings and a sidewalk easement. In addition, there were field related items they needed to address including repair and cleanup work associated with the parkway landscape.
The City of Chino Infrastructure/Streets Committee received an explanation regarding the delays in completing this project at a regular committee meeting held on January 31, 2024, during which time staff had indicated that the project would be considered for acceptance by the City Council at an upcoming meeting.
ISSUES/ANALYSIS
The public improvements described above are being accepted by the City of Chino as complete and have been constructed to the satisfaction of the City Engineer. Exhibit C, titled “Infrastructure Exhibit”, shows the public improvements being accepted.
All public improvements that were part of the condition of the Project were fully funded by the Applicant/Developer.
Security for a one-year warranty period has been submitted to the City. Under the warranty bond obligation, the developer will correct any defects found within one year of the City Council’s acceptance of the Project. Also, upon completion and final acceptance, the public improvements shall become the sole exclusive property of the City to operate and maintain. The following maintenance obligations will commence following acceptance of the public improvements:
Domestic Water Lateral: By the property owner
Recycled Water Lateral: By the property owner
Storm Drain Lateral: By the property owner
Public Street Sweeping: By the City
Public Streetlights: By the City
Landscaping: By the property owner
Attachment: Exhibit A - Project Location Map
Exhibit B - Fully Executed Public Improvement Agreement & Bonds
Exhibit C - Infrastructure Exhibit