Those persons wishing to speak on any item included on the agenda, or on any matter within the subject matter jurisdiction of the City Council, are invited fill out and submit t o the City Clerk a “Request to Speak” form (name and address optional) which is available at the entrance to the City Council Chambers .
Additionally, members of the public may submit electronic inquiries or comments by submitting emails to [email protected]
If you require a reasonable accommodation to participate in this meeting per your rights under the Americans with Disabilities Act or for any other reason, please contact the City Clerk’s Office ( 909) 334 -3306, at least 48 hours prior to the advertised starting time of the meeting.
Any documents produced by the City and distributed to a majority of the City Council regarding any item on this agenda will be made available in the City Clerk’s Office during normal business hours at City Hall located at 13220 Central Avenue, Chi no. In addition, such documents will be posted on the City’s website at www.cityofchino.org.
CHINO CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
REGULAR MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY JUNE 6, 2023
CLOSED SESSION – 5:00 PM
OPEN SESSION – 6:00 PM
AGENDA
ROLL CALL
Mayor Eunice M. Ulloa, Mayor Pro Tem Karen C. Comstock , Council Member Curtis Burton, Council Member Christopher Flores, Council Member Marc Lucio.
CLOSED SESSION PUBLIC COMMENTS
This is the time and place for the general public to address the C ity Council about the closed session items. Ordinance No. 97 -08 (Chino Municipal Code Section 2.04.090) limits speakers to no more than five (5) minutes in which to address the Council, except as provided under Government Code 54954.3(b)(2).
CLOSED SESSION
1. CONFERENCE WITH LABOR NEGOTIATOR(S).
Pursuant to Government Code Section 54957.6:
Agency Negotiator: Geriann Kingslan, Director of Human Resources/Risk Management.
Employee Organizations: Chino City Hall Confidential Employee Association, Chino Police Professional Employees Association, San Bernardino Public Employees Association (SBPEA)/Teamsters Local Union No. 1932-Professioinal, Technical and Clerical, American Federation of State, County and Municipal Employees (AFSCME District Council 36-Local 3183), Chino Police Officers Association, Chino Police Management Association, Unrepresented Management, Unrepresented Sworn Management, Executive Management, Elected Officials.
FL
AG SALUTE
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JUNE 6, 2023 2
CEREMONIALS
Presentations
Chino Youth Boxing Foundation - Presentation to the City Council Business of the Month June 2023 - Pro Towing
REPORT OUT OF CLOSED SESSION
AGENDA ADDITIONS/REVISIONS
PUBLIC ANNOUNCEMENTS
This is the time and place for the Mayor to inform the public of all upcoming events and past occurrences of communitywide interest and concern.
PUBLIC COMMENTS
This is the time and place for the general public to address the City Council about subjects that do not appear elsewhere o n the agenda. Due to Council policy and Brown Act requirements, action will not be taken on any issues not on the Agenda. Ordinance No. 97 - 08 (Chino Municipal Code Section 2 .04.090) limits speakers to no more than five (5) minutes in which to address Council, except as provided under Government Code 54954.3(b)(2).
CONSENT CALENDAR
At this time, members of the public may present testimony as to why an item should be removed from the Consent Calendar for separate discussion. Unless a member of the public or City Council requests that an item be removed from the Consent Calendar, all items will be acted upon as a whole and by one vote. Items placed on the Consent Calendar repres ent routine expenditures and/or actions that support ongoing City operations.
1. Warrants. Approve expenses as audited and within budget for warrants 765473 to 765690, and Electronic Fund Transfers 517312E to 517400E, totaling $6,428,904.71.
2. Minutes. February 21, 2023 Regular Meeting (All Members Present).
3. Elected City Officials’ R eport Regarding Travel, Training, and Meetings . Receive and file the Elected City Officials' Report reflecting City Council business related expenses incurred by the City and forecast of future events and trainings.
4. City Council Meeting Date Changes a nd Cancellations for month of July and August 2023 . 1) Authorize staff to cancel the July 4th, August 1st, and August 15th Regular City Council meetings and 2) schedule a City Council special called City Council meeting on Wednesday, July 5th at 6 p.m. to ensure the continuation of City business.
5. Ordinance No. 2023-012 - Community Services Commission Terms (Second Reading) . Adopt Ordinance No. 2023-012, an Ordinance of the City of Chino, California to amend Chapter 2.38 (Community Services Commission) (Second Reading).
ORDINANCE 2023-012
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING CHAPTER 2.38 (CHINO COMMUNITY SERVICES COMMISSION) OF THE CHINO
MUNICIPAL CODE
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JUNE 6, 2023 3
6. Amendment to the City's Classification and Salary Schedule . Adopt Resolution No. 2023 -034 amending the City's Classification and Salary Schedule to increase the salary range for the Homeless Outreach Coordinator, Assistant Homel ess Outreach Coordinator, and Special Projects Administrator.
7. Notice of Completion - Central Plant Cooling Tower Replacement Project (IB238) . Accept the Central Plant Cooling Tower Replacement project (IB238) completed by C.E. Mechanical, Inc., Chino, CA as complete.
8. Award of Contract - Auditing Services. Award a contract to Badawi & Associates, Berkeley, CA for auditing services in the amount of $57,480, with two additional one -year options, and authorize the City Manager to execute all necessary documents on behalf of the City.
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PUBLIC HEARING
Prior to the vote of the City Council, any member of the audience will have the opportunity to address Council on any items listed under Public Hearings. Council requests, but it is not required, that you state your name and address prior to making any remarks.
9. Solid Waste, Recycling and Inland Empire Utilities Agency (IEUA) Sewer Rate Structure .
Conduct a public hearing, tabulate written protests, to set the rates for solid waste, recycling and Inland Empire Utilities Agency (IEUA) sewer services.
Staff Report by: Joslyn Blakely, Project Coordinator.
RECOMMENDATION: 1) Conduct a public hearing; 2) tabulate the written protests; 3) adopt Resolution No. 2023 -027, declaring th e results of a noticed protest proceeding and approving certain actions for rates, fe es, and charges for solid waste, recycling and IEUA sewer services; and 4) adopt Resolution No. 2023 -028 setting the rates for solid waste, recycling and IEUA sewer services.
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10. Conduct Tax Equity and Fiscal Responsibility Act (TEFRA) Hearing. Conduct a Tax Equity and Fiscal Responsibility Act (TEFRA) Hearing, adopt resolutions approving the form of associate membership agreement and the issu ance of revenue obligations for the benefit of Heights Christian Schools.
Staff Report by: Nadyne Lowry, Deputy Director of Finance.
RECOMMENDATION: 1) Conduct a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 to receive c omments relating to the issuance by the California Enterprise Development Authority ( the “Authority”) of not to exceed $36,100,000 of the Authority’s Revenue Obligations (the “Obligations”) for the benefit of Heights Christian Schools, a California nonprof it religious corporation (the “Borrower”); 2) Adopt Resolution No. 2023 -032 approving an Associate Membership Agreement between the City of Chino and the Authority; 3) Adopt Resolution No. 2023 -033 approving the issuance of the Obligations by the Authority to finance and refinance the Facilities for the benefit of the Borrower.
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11. Formation of Community Facilities District 2023 -1. Conduct a Public Hearing regarding the formation of Community Facilities District No. 2023-1 in The Preserve.
Staff Report by: Nadyne Lowry, Deputy Director of Finance.
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RECOMMENDATION: 1) Conduct a Public Hearing regarding the formation of Community Facilities District No. 20 23-1; 2) accept tax consultant’s report; 3) adopt Resolution No. 2023- 029, establishing CFD No. 2023-1, authorizing the levy of special taxes, and calling an ele ction; 4) adopt Resolution No. 2023-030, determining the necessity to incur bonded indebtedness; 5) conduct a special election with the property owners; 6) adopt Resolutio n No. 2023-031, declaring results of the special election and directing recording of the special tax lien; 7) approve the introd uction of Ordinance No. 2023-013, levying a special tax, to be read by number and title only, and waive further reading of the Ordinance; and 8) authorize the City Manager to execute all necessary documents on behalf of the City.
ORDINANCE NO. 2023-013
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2023 -1 (SAGE
CEDAR) OF THE CITY OF CHINO AUTHORIZI NG THE LEVY OF SPECIAL TAXES WITHIN
THE DISTRICT
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12. Introduction of Ordinance No. 2023 -011 - Amended and Restated Preserve Development Agreement. Introduction of Ordinan ce No. 2023 -011, approving the Amended and Restated Preserve Development Agreement by and between the City of Chino and the Chino Preserve Development Corporation, etc. and approving the Certificate of Development Agreement Compliance
Staff Report by: Fred Galante, City Attorney.
RECOMMENDATION: 1) Conduct a public hearing; 2) approve intr oduction of Ordinance No. 2023-011, approving the Amended and Restated Preserve Development Agreement by and between the City of Chino and the Chino Preserve Development Corporation, etc., to be read by number and title only, and waive further reading of the Ordinance; and 3) approve the Certificate of Development Agreement Compliance.
ORDINANCE NO. 2023-011
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA,
APPROVING THE AMENDED AND RESTATED PRESER VE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF CHI NO AND THE CHINO PRESERVE DEVELOPMENT CORPORATION, ETC. RELATED TO THE DEVELOPMENT OF APPROXIMATELY 1,157
ACRES OF REAL PROPERTY IN THE PRESERVE WITHIN THE CIT Y OF CHINO (CONTRACT NO. 2004-073)
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NEW BUSINESS
13. Final Acceptance of Public Improvements, Paym ent Reconciliation & Release Agreement, & Development Impact Fee Reimbursement – Site Approval PL16 -0719 (Scannell Properties #404, LLC) . Accept the public improvements for Site Approval PL16 -0719 as complete and approve a Payment Reconciliation and Release Agreement with Scannell Properties #404, LLC for Equipment Tax for Equipment Tax in the amount of $1,000,000 and County Dedi cations eligible for Development Impact Fe e Reimbursements, as well as all other eligible DIF reimbursements pursuant to Construction Credit and Reimbursement Agreement No. 2020-223.
Staff Report by: Fred Galante, City Attorney.
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RECOMMENDATION: 1) Appropriate from the unappropriated reserves of th e following: Storm Drain Enterprise Fund in the amount of $3,200,000; Water Enterpr ise Fund in the amount of $485,406, and the Transportation Fund in the amount of $462,300; 2) schedule corresponding year-end tran sfers from the following Development Impac t Fee Funds: The Preserve Storm Drainage Collection System Facilities in the amount of $3,200,000 The Preserve Water Source, Storage and Distribution in the amount of $485,406, and Citywide Circulation (Streets, Si gnals and Bridges) System in the amount of $462,300; 3) accept the public improvements for Site Approval PL16-0719 as complete; 4) authorize release of the performance bond and initiate the warranty bond; 5) approve a Payment Reconciliation and Release Agr eement with Scannell Properties #404, LLC ("Scannell"), a Delaware limited liability company for Scannell's Equipment Tax Comm itment in the amount of $1,000,000 and County Dedications eligible for Development Impact Fee Reimbursements, as well as all other eligible DIF reimbursements pursuant to C onstruction Credit and Reimbursement Agreement No. 2020 -223 ("Agreement"); 6) approve an immediate reimbursement in the amount of $4,147,706 to Scannell per the terms of the Agreement, thus, fulfilling the City’s o bligation to Scannell; and 7) authorize th e City Manager to execute all necessary documents on behalf of the City.
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14. Adopt Resolution No. 2023 -026: Amend Parking Restrictions for Street Sweeping . Adopt Resolution No. 2023-026, modifying parking restrictions for street sweeping purposes.
Staff Report by: Dennis Ralls, City Traffic Engineer.
RECOMMENDATION: Adopt Resolution No. 2023-026, modifying parking restrictions for street sweeping purposes.
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15. Award of Construction Contract: CDBG Alley Project (G6220). Award a construction contract to Wheeler Paving, Inc., River side, CA, in the amount of $396,135 for Project No. G6220 CDBG Alley Project East-West North of Chino Avenue between 9th Street and 13th Street Staff Report by: Michele Hindersinn, Principal Engineer.
RECOMMENDATION: 1) Appropriate $205,000 from the unappr opriated reserves of the Sanitation Fund (550) with a corresponding increase to Project No. G6220, for a revised project budget of $579,824.54; 2) award a construction cont ract in the amount of $396,135 to Wheeler Paving, Inc., Riverside, CA, for CDBG Alle y Project East-West North of Chino Avenue between 9th Street and 13th Street Project (G6220); 3) authorize expenditures of up to $ 39,614 for construction management, $19,80 7 for inspection costs, and $59,421 for construction contingency; and 4) authorize t he City Manager to execute the necessary documents on behalf of the City.
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16. Notice of Completion - SD200 Benson Avenue Storm Drain Project . Accept the SD200 - Benson Ave Storm Drain Project as complete and authorize the Dir ector of Public Works to file the Notice of Completion.
Staff Report by: Michele Hindersinn, Principal Engineer.
RECOMMENDATION: 1) Accept the Benson Avenue Storm Drain Pro ject (SD200), C.P.
Construction Inc., Santa Fe Springs, CA contract No. 2022 -063 as complete; 2) release the retention funds following the 35-day lien period; and 3) authorize the Director of Public Works to file the Notice of Completion.
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17. Appropriation of Funds: ST203 - Pine Avenue Improvements . Approve an appropriation of $650,000 from the Transportation Fund (320) with a backfill from the unappropriated reserves of the Bridges, S ignals, and Thoroughfare Preserve Developm ent Impact Fee Fund (260) and increase the project budget for the Pine Avenue Improvements Project ST203.
Staff Report by: Michele Hindersinn, Principal Engineer.
RECOMMENDATION: 1) Appropriate $650,000 from the Tr ansportation Fund (320) with a backfill from the unappropriated reserves of the Bridges, Signals, and Thoroughfare Preserve Development Impact Fee Fund (260); 2) increase the project budget for the Pine Avenue Improvements Project ST203 by $650,000 for a n ew revised project budget of $4,568,113; a nd 3) authorize the City Manager to execute the necessary documents on behalf of the City.
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MAYOR AND COUNCIL REPORTS
This is the time and place for the Mayor and Council Members to rep ort on prescheduled Council Committee Assi gnment Meetings that were held since the last Regular Council Meeting, and any other items of interest. Upon request by an individual Council Member, the City Council may choose to take action on any of the subject matters listed below.
Mayor Ulloa
18. Receive and File a Legislative Update and Consider New Legislative Position Letters .
Review of Tracked Legislation and Updates.
Staff Report by: Jack Morgan, Assistant to the City Manager.
RECOMMENDATION: Receive a report on tracked legislation and discuss official City positions as recommended by the Legislative Policy Committee on new pie ces of legislation consequential to the City of Chino.
Mayor Pro Tem Comstock
Council Member Burton
Council Member Flores
Council Member Lucio
City Manager's Report
City Attorney's Report
Police Chief's Report
Fire Chief's Report
ADJOURN
The next Regular Meeting of the City Council will be held on Tuesday, June 20, 2023 at 6:00 p.m. (Closed Session no sooner than 4:00 p.m. if necessary) in these Council Chambers.
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I, Natalie Gonzaga, City Clerk of the City of Chino, hereby dec lare that on Thursday, June 1, 2023, this agenda was posted on the south window of Chino City Hall and this agenda together with all of the agenda reports and related documents were posted on the City’ s website at www.cityofchino.org by myself or under my direction.
_______________________________________
Natalie Gonzaga, City Clerk.