City of Chino
CA

Staff Report

Adopt Resolution No. 2019-026 Accepting the Dedication and Park Improvements for Meridian Park in The Preserve for Tract Map No. 17055 and Master Site Approval 05-05 as complete.

Information

Department:Development Services DepartmentSponsors:
Category:ReportDepartment Divisions:Development Engineering

Attachments

  1. Printout
  2. Exhibit 1 Reimbursement Agreement
  3. Exhibit 2 Resolution 2019-026_final (This file has not yet been converted to a viewable format)
  4. Exhibit 3 Signed Grant Deed for Meridian Park Lots

Budget String

Revenue: Expenditure: 3408300-43640 Transfer In: Transfer Out:

Body

BACKGROUND

On September 19, 2005, the Planning Commission approved Tentative Tract Map No. 17055 and Master Site Approval 05-05 authorizing Brehm Communities/Pine Mill LLC (Brehm/Pine Mill) to develop approximately 177 single-family homes in the Preserve, generally located west of West Preserve Loop, between Bickmore and Pine Avenues.  The Preserve Conceptual Parks and Schools Plan (the Plan) indicated that a neighborhood park would be located at the northwest corner of Pine Avenue and West Preserve Loop. As a Condition of Approval, Brehm/Pine Mill was required to construct a public park within the project boundaries, consistent with the Plan. This park was larger than the required park obligation for Brehm/Pine Mill required by Title 18 of the Chino Municipal Code.

In 2010, KB Home Coastal Inc. (KB) acquired ownership of the land. As part of the acquisition, KB assumed the rights and obligations stated in the Conditions of Approval, including the obligation to dedicate park land to the City and the right to reimbursement for the dedication of park land and improvements beyond that required by Title 18 of the municipal code.  Consequently, on February 5, 2013, the City Council approved a Reimbursement Agreement with KB in the amount of $2,217,103, which amount represented the value of the dedicated park land and the estimated cost of the improvements to the park land.

The City Attorney has verified the chain of title to the property, and that KB is eligible to receive the reimbursement for the land and improvement costs as a successor in interest to Brehm/Pine Mill. Title records indicate that while the Park parcels were granted to the City on the original subdivision map, the City has never taken ownership of these parcels as they were never formally accepted by the City Council and a Grant Deed was never recorded. Therefore, staff is requesting the Council to adopt a resolution and accept the Grant Deed for the Park parcels to formalize and complete the acceptance and title transfer process.

 

ISSUES/ANALYSIS

Construction for Meridian Park was completed many years ago, but like several other developer-constructed public facilities in The Preserve, was never accepted by the City. The City has performed its final inspection, and generally has found that the park improvements are complete. However, there are several items of repair and reconfiguration that are necessary to be performed before all of the improvements meet City standards. Part of the reason for this is that the Park has been in continual use for many years, and, therefore, wear and tear of facilities has occurred. Staff is proposing that the cost of these items can be covered by the existing budget in Community Facilities District 2006-3, which was formed for the Brehm Communities/Pine Mill project.

Additionally, the area known as West Meridian Park was designed to serve dual purposes of both an open space amenity and a detention basin. Staff has found that while it was constructed according to approved plans, the open space function is compromised substantially during wet weather years, and the facility is not accessible to all potential users. Staff will work with the Preserve Master Maintenance Corporation to secure and remove the amenities at the site.

KB submitted its construction cost documentation to City staff for review and approval, which is now on-file at the City. In accordance with the project’s Conditions of Approval, the developer provided documentation that KB has entered into an agreement with the Preserve Master Maintenance Corporation for the maintenance of the park and all common landscape and utility maintenance. Upon the final acceptance of the park improvements by the City Council, the City will be obligated to reimburse KB in the amount of $2,217,103 within 30-days. It should be noted, the park improvements outlined in this report are specific to the Reimbursement Agreement with the City and KB and completely outside of the in-tract public improvements that are still pending completion, which were constructed by Brehm. Staff is working with KB to rectify the remaining punch-list items for Tract Map No. 17055, which will be brought back to the City Council at a later date for final acceptance.

As part of the land and improvement dedication/acceptance process, the Council is being asked to adopt Resolution No. 2019-026 accepting the Grant Deed from KB Home Coastal Inc. for Meridian Park and the park improvements.

 

Attachments:

Exhibit 1 - Reimbursement Agreement

Exhibit 2 - Resolution No. 2019-026

Exhibit 3 - Grant Deed

 

 

Meeting History

Jun 4, 2019 7:00 PM Video City Council Regular Meeting
draft Draft
RESULT:APPROVED [UNANIMOUS]
MOVER:Tom Haughey, Mayor Pro Tem
SECONDER:Paul Rodriguez, Council Member
AYES:Marc Lucio, Eunice M. Ulloa, Paul Rodriguez, Tom Haughey, Mark Hargrove