TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, DIRECTOR OF PUBLIC WORKS
SUBJECT
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Approval of Settlement Agreement with K. Hovnanian for Required Accessibility and Public Works Improvements.
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RECOMMENDATION
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It is recommended that the City Council consider and approve the settlement agreement between the City of Chino and K. Hovnanian for required improvements in the City of Chino per the Americans with Disabilities Act, California Law, the Chino Municipal Code and applicable Subdivision Improvement Agreement.
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FISCAL IMPACT
The payment by K. Hovnanian to the City totaling $33,597.50 covers the attorneys' fees and costs awarded to the City by the Court for defending the complaint filed by K. Hovnanian challenging the City's requirements for K. Hovnanian to perform improvements to those public facilities that are the subject of the settlement agreement.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES
The recommendation detailed above further the City's values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
* Positive City Image
* Responsible Long-Range Planning
* Effective Technology
Revenue:
Expenditure:
Transfer In:
Transfer Out:
BACKGROUND
The City Attorneys' office and City staff have been engaged in settlement negotiations with K. Hovnanian's Sonata at the Reserve, LLC ("Developer") in connection with Tract Map No. 18778 in the City of Chino that have accessible elements under the Americans with Disabilities Act and California law as well as public works improvements required per the Chino Municipal Code. Tract Map No. 18778 is located south of Bickmore Avenue and north of the Southern California Edison easement, between Rincon Meadows Avenue and Mill Creek Avenue as shown in Exhibit A. The disputes focus on prior City approvals for construction of the above Tract and per the October 29, 2014, Subdivision Improvement Agre...
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