Chino — 2023-06-06

1. CONFERENCE WITH LABOR NEGOTIATOR(S).\nPursuant to Government Code Section 54957.6:\nAgency Negotiator: Geriann Kingslan, Director of Human Resources/Risk Management.\nEmployee Organizations: Chino City Hall Confidential Employee Association, Chino Police\nProfessional Employees Association, San Bernardino Public Employees Association\n(SBPEA)/Teamsters Local Union No. 1932-Professioinal, Technical and Clerical, American\nFederation of State, County and Municipal Employees (AFSCME District Council 36-Local\n3183), Chino Police Officers Association, Chino Police Management Association,\nUnrepresented Management, Unrepresented Sworn Management, Executive Management,\nElected Officials.

1. Warrants. Approve expenses as audited and within budget for warrants 765473 to 765690, and\nElectronic Fund Transfers 517312E to 517400E, totaling $6,428,904.71.

10. Conduct Tax Equity and Fiscal Responsibility Act (TEFRA) Hearing. Conduct a Tax Equity and\nFiscal Responsibility Act (TEFRA) Hearing, adopt resolutions approving the form of associate\nmembership agreement and the issuance of revenue obligations for the benefit of Heights\nChristian Schools.\nStaff Report by: Nadyne Lowry, Deputy Director of Finance.\nRECOMMENDATION: 1) Conduct a public hearing as required by Section 147(f) of the Internal\nRevenue Code of 1986 to receive comments relating to the issuance by the California\nEnterprise Development Authority (the “Authority”) of not to exceed $36,100,000 of the\nAuthority’s Revenue Obligations (the “Obligations”) for the benefit of Heights Christian Schools,\na California nonprofit religious corporation (the “Borrower”); 2) Adopt Resolution No. 2023-032\napproving an Associate Membership Agreement between the City of Chino and the Authority; 3)\nAdopt Resolution No. 2023-033 approving the issuance of the Obligations by the Authority to\nfinance and refinance the Facilities for the benefit of the Borrower.\nM _____ S _____ RC _____

11. Formation of Community Facilities District 2023-1. Conduct a Public Hearing regarding the\nformation of Community Facilities District No. 2023-1 in The Preserve.\nStaff Report by: Nadyne Lowry, Deputy Director of Finance.\nJUNE 6, 2023 4\nRECOMMENDATION: 1) Conduct a Public Hearing regarding the formation of Community\nFacilities District No. 2023-1; 2) accept tax consultant’s report; 3) adopt Resolution No. 2023-\n029, establishing CFD No. 2023-1, authorizing the levy of special taxes, and calling an election;\n4) adopt Resolution No. 2023-030, determining the necessity to incur bonded indebtedness; 5)\nconduct a special election with the property owners; 6) adopt Resolution No. 2023-031,\ndeclaring results of the special election and directing recording of the special tax lien; 7)\napprove the introduction of Ordinance No. 2023-013, levying a special tax, to be read by\nnumber and title only, and waive further reading of the Ordinance; and 8) authorize the City\nManager to execute all necessary documents on behalf of the City.\nORDINANCE NO. 2023-013\nORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, ACTING IN ITS CAPACITY\nAS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2023-1 (SAGE\nCEDAR) OF THE CITY OF CHINO AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN\nTHE DISTRICT\nM _____ S _____ RC _____

12. Introduction of Ordinance No. 2023-011 - Amended and Restated Preserve Development\nAgreement. Introduction of Ordinance No. 2023-011, approving the Amended and Restated\nPreserve Development Agreement by and between the City of Chino and the Chino Preserve\nDevelopment Corporation, etc. and approving the Certificate of Development Agreement\nCompliance\nStaff Report by: Fred Galante, City Attorney.\nRECOMMENDATION: 1) Conduct a public hearing; 2) approve introduction of Ordinance No.\n2023-011, approving the Amended and Restated Preserve Development Agreement by and\nbetween the City of Chino and the Chino Preserve Development Corporation, etc., to be read by\nnumber and title only, and waive further reading of the Ordinance; and 3) approve the Certificate\nof Development Agreement Compliance.\nORDINANCE NO. 2023-011\nAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA,\nAPPROVING THE AMENDED AND RESTATED PRESERVE DEVELOPMENT AGREEMENT\nBY AND BETWEEN THE CITY OF CHINO AND THE CHINO PRESERVE DEVELOPMENT\nCORPORATION, ETC. RELATED TO THE DEVELOPMENT OF APPROXIMATELY 1,157\nACRES OF REAL PROPERTY IN THE PRESERVE WITHIN THE CITY OF CHINO\n(CONTRACT NO. 2004-073)\nM _____ S _____ RC _____\nNEW BUSINESS

13. Final Acceptance of Public Improvements, Payment Reconciliation & Release Agreement, &\nDevelopment Impact Fee Reimbursement – Site Approval PL16-0719 (Scannell Properties\n#404, LLC). Accept the public improvements for Site Approval PL16-0719 as complete and\napprove a Payment Reconciliation and Release Agreement with Scannell Properties #404, LLC\nfor Equipment Tax for Equipment Tax in the amount of $1,000,000 and County Dedications\neligible for Development Impact Fee Reimbursements, as well as all other eligible DIF\nreimbursements pursuant to Construction Credit and Reimbursement Agreement No. 2020-223.\nStaff Report by: Fred Galante, City Attorney.\nJUNE 6, 2023 5\nRECOMMENDATION: 1) Appropriate from the unappropriated reserves of the following: Storm\nDrain Enterprise Fund in the amount of $3,200,000; Water Enterprise Fund in the amount of\n$485,406, and the Transportation Fund in the amount of $462,300; 2) schedule corresponding\nyear-end transfers from the following Development Impact Fee Funds: The Preserve Storm\nDrainage Collection System Facilities in the amount of $3,200,000 The Preserve Water Source,\nStorage and Distribution in the amount of $485,406, and Citywide Circulation (Streets, Signals\nand Bridges) System in the amount of $462,300; 3) accept the public improvements for Site\nApproval PL16-0719 as complete; 4) authorize release of the performance bond and initiate the\nwarranty bond; 5) approve a Payment Reconciliation and Release Agreement with Scannell\nProperties #404, LLC ("Scannell"), a Delaware limited liability company for Scannell's\nEquipment Tax Commitment in the amount of $1,000,000 and County Dedications eligible for\nDevelopment Impact Fee Reimbursements, as well as all other eligible DIF reimbursements\npursuant to Construction Credit and Reimbursement Agreement No. 2020-223 ("Agreement");\n6) approve an immediate reimbursement in the amount of $4,147,706 to Scannell per the terms\nof the Agreement, thus, fulfilling the City’s obligation to Scannell; and 7) authorize the City\nManager to execute all necessary documents on behalf of the City.\nM _____ S _____ RC _____

14. Adopt Resolution No. 2023-026: Amend Parking Restrictions for Street Sweeping. Adopt\nResolution No. 2023-026, modifying parking restrictions for street sweeping purposes.\nStaff Report by: Dennis Ralls, City Traffic Engineer.\nRECOMMENDATION: Adopt Resolution No. 2023-026, modifying parking restrictions for street\nsweeping purposes.\nM _____ S _____ RC _____

15. Award of Construction Contract: CDBG Alley Project (G6220). Award a construction contract to\nWheeler Paving, Inc., Riverside, CA, in the amount of $396,135 for Project No. G6220 CDBG\nAlley Project East-West North of Chino Avenue between 9th Street and 13th Street\nStaff Report by: Michele Hindersinn, Principal Engineer.\nRECOMMENDATION: 1) Appropriate $205,000 from the unappropriated reserves of the\nSanitation Fund (550) with a corresponding increase to Project No. G6220, for a revised project\nbudget of $579,824.54; 2) award a construction contract in the amount of $396,135 to Wheeler\nPaving, Inc., Riverside, CA, for CDBG Alley Project East-West North of Chino Avenue between\n9th Street and 13th Street Project (G6220); 3) authorize expenditures of up to $39,614 for\nconstruction management, $19,807 for inspection costs, and $59,421 for construction\ncontingency; and 4) authorize the City Manager to execute the necessary documents on behalf\nof the City.\nM _____ S _____ RC _____

16. Notice of Completion - SD200 Benson Avenue Storm Drain Project. Accept the SD200 -\nBenson Ave Storm Drain Project as complete and authorize the Director of Public Works to file\nthe Notice of Completion.\nStaff Report by: Michele Hindersinn, Principal Engineer.\nRECOMMENDATION: 1) Accept the Benson Avenue Storm Drain Project (SD200), C.P.\nConstruction Inc., Santa Fe Springs, CA contract No. 2022-063 as complete; 2) release the\nretention funds following the 35-day lien period; and 3) authorize the Director of Public Works to\nfile the Notice of Completion.\nJUNE 6, 2023 6\nM _____ S _____ RC _____

17. Appropriation of Funds: ST203 - Pine Avenue Improvements. Approve an appropriation of\n$650,000 from the Transportation Fund (320) with a backfill from the unappropriated reserves of\nthe Bridges, Signals, and Thoroughfare Preserve Development Impact Fee Fund (260) and\nincrease the project budget for the Pine Avenue Improvements Project ST203.\nStaff Report by: Michele Hindersinn, Principal Engineer.\nRECOMMENDATION: 1) Appropriate $650,000 from the Transportation Fund (320) with a\nbackfill from the unappropriated reserves of the Bridges, Signals, and Thoroughfare Preserve\nDevelopment Impact Fee Fund (260); 2) increase the project budget for the Pine Avenue\nImprovements Project ST203 by $650,000 for a new revised project budget of $4,568,113; and\n3) authorize the City Manager to execute the necessary documents on behalf of the City.\nM _____ S _____ RC _____

18. Receive and File a Legislative Update and Consider New Legislative Position Letters.\nReview of Tracked Legislation and Updates.\nStaff Report by: Jack Morgan, Assistant to the City Manager.\nRECOMMENDATION: Receive a report on tracked legislation and discuss official City\npositions as recommended by the Legislative Policy Committee on new pieces of legislation\nconsequential to the City of Chino.\nMayor Pro Tem Comstock\nCouncil Member Burton\nCouncil Member Flores\nCouncil Member Lucio\nCity Manager's Report\nCity Attorney's Report\nPolice Chief's Report\nFire Chief's Report

3. Elected City Officials’ Report Regarding Travel, Training, and Meetings. Receive and file the\nElected City Officials' Report reflecting City Council business related expenses incurred by the\nCity and forecast of future events and trainings.

4. City Council Meeting Date Changes and Cancellations for month of July and August 2023. 1)\nAuthorize staff to cancel the July 4th, August 1st, and August 15th Regular City Council\nmeetings and 2) schedule a City Council special called City Council meeting on Wednesday,\nJuly 5th at 6 p.m. to ensure the continuation of City business.

5. Ordinance No. 2023-012 - Community Services Commission Terms (Second Reading). Adopt\nOrdinance No. 2023-012, an Ordinance of the City of Chino, California to amend Chapter 2.38\n(Community Services Commission) (Second Reading).\nORDINANCE 2023-012\nAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA,\nAMENDING CHAPTER 2.38 (CHINO COMMUNITY SERVICES COMMISSION) OF THE CHINO\nMUNICIPAL CODE\nJUNE 6, 2023 3

6. Amendment to the City's Classification and Salary Schedule. Adopt Resolution No. 2023-034\namending the City's Classification and Salary Schedule to increase the salary range for the\nHomeless Outreach Coordinator, Assistant Homeless Outreach Coordinator, and Special\nProjects Administrator.

7. Notice of Completion - Central Plant Cooling Tower Replacement Project (IB238). Accept the\nCentral Plant Cooling Tower Replacement project (IB238) completed by C.E. Mechanical, Inc.,\nChino, CA as complete.

8. Award of Contract - Auditing Services. Award a contract to Badawi & Associates, Berkeley, CA\nfor auditing services in the amount of $57,480, with two additional one-year options, and\nauthorize the City Manager to execute all necessary documents on behalf of the City.\nM _____ S _____ RC _____

9. Solid Waste, Recycling and Inland Empire Utilities Agency (IEUA) Sewer Rate Structure.\nConduct a public hearing, tabulate written protests, to set the rates for solid waste, recycling and\nInland Empire Utilities Agency (IEUA) sewer services.\nStaff Report by: Joslyn Blakely, Project Coordinator.\nRECOMMENDATION: 1) Conduct a public hearing; 2) tabulate the written protests; 3) adopt\nResolution No. 2023-027, declaring the results of a noticed protest proceeding and approving\ncertain actions for rates, fees, and charges for solid waste, recycling and IEUA sewer services;\nand 4) adopt Resolution No. 2023-028 setting the rates for solid waste, recycling and IEUA\nsewer services.\nM _____ S _____ RC _____