Agenda packet — Chino City Council, October 3, 2023 (part 1 of 5)

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 to 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, Chino. 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

CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY OCTOBER 3, 2023

REGULAR MEETING
AGENDA
OPEN SESSION – 6:00 PM
_________________________________________________________________________________

ROLL CALL
Mayor Eunice M. Ulloa, Mayor Pro Tem Karen C. Comstock, Council Member Curtis Burton, Council Member Christopher Flores, Council Member Marc Lucio.

FLAG SALUTE

CEREMONIALS
Proclamations
Domestic Violence Awareness Month. Proclaim October 2023 as Domestic Violence Awareness Month.

Community Planning Month. Proclaim October 2023 as Community Planning Month.

Presentations
St. Margaret Mary's Catholic Church 75th Anniversary. Recognition of the 75th Anniversary of St. Margaret Mary's Catholic Church.

Chino Youth Boxing Foundation's Saturday Night Fights Boxers. Recognition of Chino Youth Boxing Foundation’s Saturday Night Fights Boxers.

Business of the Month - October 2023. Award of Business of the Month for October 2023 to All Star Cleaners.
1 CHINO CITY COUNCIL
OCTOBER 3, 2023 2
Mayor's Home Beautification Award. Award of Mayor’s Home Beautification Award for October 2023.

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 on 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 represent routine expenditures and/or actions that support ongoing City operations.

1. Warrants. Approve expenses as audited and within budget for warrants 767214 to 767460, and Electronic Fund Transfers 517942E to 518040E, totaling $6,365,541.71.

2. Minutes. Regular Meeting Minutes for September 19, 2023 (Council Member Flores Absent-Excused).

3. Receive and file the Elected City Officials’ Report reflecting City Council business related expenses incurred by the City. Elected City Officials’ Report Regarding Travel, Training, and Meetings.

4. Award of Contract - Courts Construction Company, Inc. - City Hall Interior Improvements Project (PF210). Award a construction contract in the amount of $54,865 with Courts Construction Company, Inc. for the City Hall Finance, Human Resources, and Information Technology Offices Interior Improvement Project (PF210), including authorized expenditures of up to $5,486 for construction contingencies, for a not-to-exceed contract amount of $60,351.

5. Award of Contract - Mariposa Landscape, Inc. Award a construction contract in the amount of $56,499.20, including authorization for expenditures of up to $5,649.00 for construction contingencies for a not-to-exceed construction contract amount of $62,148.20 to Mariposa Landscapes, Inc. for the Community Garden Park Irrigation and Turf Replacement Project (IB238).

6. Award of Contract - Police Department SMARDT Chiller #2 Repair. Award a construction contract in the amount of $47,435, including $4,743 for construction contingencies, for a not-to-exceed construction contract amount of $52,178 to Allison Mechanical, Inc., Redlands, CA for the Police Department SMARDT Chiller #2 repair.

7. Vendor Cap Increase - C.E. Mechanical, Inc. Approve a vendor cap increase of $40,000 with C.E. Mechanical, Inc. for a total not-to-exceed amount of $90,000, for preventative maintenance and on-call services for Citywide heating, ventilating, and air-conditioning (HVAC) services.
2 CHINO CITY COUNCIL
OCTOBER 3, 2023 3

8. Master Contracts - Chino Valley Unified School District. Approve the Master Contracts with the Chino Valley Unified School District for the ASES (RAAP/SOAR), TYKES, and Homeless Innovation Program (HIP) programs.

9. The Preserve Sewer Main Improvements Annual Reconciliation of Sewer Credits Fiscal Year 2022-23 (Chino Preserve Development Corporation). Approve The Preserve Sewer Main Improvements Annual Reconciliation of Sewer Credits Fiscal Year 2022-23 (Chino Preserve Development Corporation).

10. Falloncrest Development Agreement Certificate of Agreement Compliance. Accept the Annual Monitoring Report and approve issuance of the Certificate of Agreement Compliance for the Falloncrest Development Agreement.

11. Contract Amendment and Vendor Cap Increase - Koff & Associates, an Arthur J. Gallagher Company. Approve a contract amendment to extend contract terms and increase contract 2022-078 by $84,545, for a total contract amount of $161,930, for the Citywide study services by Koff & Associates, an Arthur J. Gallagher Company.

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.

12. Philadelphia Street Industrial Development Project Appeal and East End Annexation. Conduct a public hearing, adopt Resolution No. 2023-056, approve the introduction of Ordinance No. 2023-019, adopt Resolution No. 2023-057, and adopt Resolution No. 2023-058 regarding the Philadelphia Street Industrial Development Project Appeal and East End Annexation.

Staff Report By: Kim Le, Associate Planner
RECOMMENDATION: 1) Conduct a public hearing; 2) adopt Resolution No. 2023-056, adopting a Mitigated Negative Declaration for the Annexation/Prezone (PL20-0003), Site Approval (PL20-0004) and Tentative Parcel Map No. 20174 (PL20-0005) for the Philadelphia Street Industrial Development Project and East End Annexation; 3) approve the introduction of Ordinance No. 2023-019, approving PL20-0003 (Prezone/Annexation), in conjunction with the proposed annexation of the East End Annexation area, to be read by number and title only, and waive further reading of the Ordinance; 4) adopt Resolution No. 2023-057, requesting that the Local Agency Formation Commission (LAFCO) initiate annexation proceedings for PL20-0003 (Prezone/Annexation); and 5) adopt Resolution No. 2023-058 denying the appeal of the Planning Commission’s action approving PL20-0004 (Site Approval) and PL20-0005 (Tentative Parcel Map No. 20174).

ORDINANCE 2023-019 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, PREZONING 52.32 ACRES OF LAND TO LIGHT INDUSTRIAL (M1) AND 4.55 ACRES OF LAND TO GENERAL INDUSTRIAL (M2) FOR PARCELS

GENERALLY LOCATED SOUTH OF FRANCIS AVENUE, WEST OF EAST END AVENUE,

NORTH OF PHILADELPHIA STREET, AND A SMALL PORTION SOUTH OF PHILADELPHIA STREET (APNS: 1013-261-17, 1013-271-01, -10, -11, -06, -13, -14, 1013-521-04, -05, -11, -14, -15, -16, -18, 1013-531-04, -07, 1016-011-02, -03, -05, -06, -08, -09, -10, & -15) WITHIN THE CITY OF CHINO SPHERE OF INFLUENCE AND IN CONNECTION WITH (PREZONE/ANNEXATION PL20-0003) AND AMENDING ORDINANCE NO. 2010-06.
3 CHINO CITY COUNCIL
OCTOBER 3, 2023 4

NEW BUSINESS

13. Adoption of Resolution 2023-059 - Transportation Development Grant (TDA) Article 3 Transit Stop Access Improvement Grant. Adopt Resolution 2023-059 accepting the Transportation Development Act (TDA) Article 3 Transit Stop Access Improvement Program Grant.

Staff Report By: Mussette Ayala, Management Analyst
RECOMMENDATION: 1) Adopt Resolution 2023-059 accepting the Transportation Development Act (TDA) Article 3 Fiscal Year 2013-2014 Transit Stop Access Improvement Program Grant funding in the amount of $127,648 from the San Bernardino County Transportation Authority (SBCTA); 2) authorize staff to submit a claim form and request for reimbursement; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.

14. Adopt Amendments to Memorandums of Understanding. Adjustment in compensation and terms and conditions of employment for affected members of the City of Chino.

Staff Report By: Debbie Pacheco, Deputy Director of Human Resources/Risk Management RECOMMENDATION: (1) Adopt Resolution No. 2023-060 approving Amendment No. 1 to Memorandums of Understanding with the: Chino Police Professional Employee’s Association (CPPEA); American Federation of State, County and Municipal Employees (AFSCME); Chino City Hall Confidential Employee Association (CCHCEA); Teamsters Local 1932 Professional, Technical, and Clerical Unit (Teamsters), and amendments to the compensation and terms and conditions of employment referenced for all other members of the City of Chino; (2) adopt Resolution No. 2023-061 approving Amendment No. 2 to Memorandums of Understanding with the Chino Police Officer’s Association (CPOA); Chino Police Management Association (CPMA); Unrepresented Sworn Management, and amendments to the compensation and terms and conditions of employment referenced; and (3) appropriate $1,014,298 from the unappropriated reserves of the General Fund and other funds. Sufficient reserves are available for this purpose.

MAYOR AND COUNCIL REPORTS
This is the time and place for the Mayor and Council Members to report on prescheduled Council Committee Assignment 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
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
4 CHINO CITY COUNCIL
OCTOBER 3, 2023 5

ADJOURN
The next Regular Meeting of the City Council will be held on Tuesday, October 17, 2023 at 6:00 p.m. (Closed Session no earlier than 4:00 p.m. if necessary) in these Council Chambers.

I, Natalie Gonzaga, City Clerk of the City of Chino, hereby declare that on Wednesday, September 27, 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.
5 MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT
CITY COUNCIL MEETING DATE: OCTOBER 3, 2023
TO: LINDA REICH, CITY MANAGER
FROM: SILVIA AVALOS, DIRECTOR OF COMMUNITY SERVICES, PARKS &

RECREATION

SUBJECT
..titl e
Proclaim October 2023, as Domestic Violence Awareness Month. ..end ..body
6 7

MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT
CITY COUNCIL MEETING DATE: OCTOBER 3, 2023
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: WARREN MORELION, AICP, INTERIM DIRECTOR OF DEVELOPMENT SERVICES

SUBJECT
..titl e
Proclaim October 2023 as Community Planning Month.
..end
..body
8 9

MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: OCTOBER 3, 2023
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: LINDA REICH, CITY MANAGER

SUBJECT
..titl e
Recognition of the 75th Anniversary of St. Margaret Mary's Catholic Church. ..end
..body
10 MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT
CITY COUNCIL MEETING DATE: OCTOBER 3, 2023
TO: LINDA REICH, CITY MANAGER
FROM: SILVIA AVALOS, DIRECTOR OF COMMUNITY SERVICES, PARKS &

RECREATION

SUBJECT
..titl e
Recognition of Chino Youth Boxing Foundation’s Saturday Night Fights Boxers. ..end
..body
11 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: OCTOBER 3, 2023
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: LINDA REICH, CITY MANAGER

SUBJECT
..titl e
Award of Business of the Month for October 2023 to All Star Cleaners. ..end
..body
12 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: OCTOBER 3, 2023
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: EUNICE M. ULLOA, MAYOR

SUBJECT
..titl e
Award of Mayor’s Home Beautification Award for October 2023. ..end
..body
13 MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT
CITY COUNCIL MEETING DATE: OCTOBER 3, 2023
TO: LINDA REICH, CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE

SUBJECT
..titl e
Warrants
..end

RECOMMENDATION
Approve expenses as audited and within budget for warrants 767214 to 767460, and Electronic Fund Transfers 517942E to 518040E, totaling $6,365,541.71. ..body

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 22-23 and 23-24 Operating Budgets.

Transfer In: Transfer Out:
14 CITY COUNCIL MEETING DATE: OCTOBER 3, 2023
TITLE: WARRANTS.

PAGE: 2

BACKGROUND
As prescribed by Government Code Sections 37202 and 37208, the following demand registers are herewith submitted for Council ratification:

NO. WARRANTS DATE FY AMOUNT

1. 767214 – 767319 8/31/23 23-24 $178,658.89

2. 767320 – 767328 8/31/23 22-23 $336,149.59

3. 767329 9/7/23 22-23 $2,507,640.26

4. 767330 9/7/23 23-24 $5,895.42

5. 767331 – 767460 9/14/23 23-24 $1,362,275.36

6. 517942E – 517947E 9/1/23 22-23 $24,134.96

7. 517948E – 517985E 9/1/23 23-24 $1,779,736.34

8. 517986E – 518040E 9/14/23 23-24 $171,050.89
E: Electronic Fund Transfer
TOTAL $6,365,541.71

ISSUES/ANALYSIS
See attached exhibit for detailed information on warrants exceeding $50,000.

RB:hm
Attachment
15 Council Meeting 10/3/23

CITY OF CHINO
A/P Warrant Register Over $50,000
Check
Number
Check Date Vendor Name Description Amount
767321 08/31/2023 CHINO VALLEY UNIFIED SCHOOL DISTRICT CHINO HIGH SCHOOL - CITY SHARE $294,745.15 517953 09/01/2023 BUREAU VERITAS TECHNICAL ASSESMENTS
LLC
ADA TRANSITION PLAN $118,796.02
517956 CHINO VALLEY INDEPENDENT FIRE DISTRICT FIRE PROTECTION SERVICES $1,286,142.86 517966 MYERS & SONS HIWAY SAFETY, INC PW STREET SAFETY SUPPLIES $80,439.81 517969 MICON CONSTRUCTION, INC. OLD SCHOOL HOUSE MUSEUM BARN &

SITE IMPROVEMENTS
$129,403.77
767329 09/07/2023 LS COLLEGE PARK LLC EDISON AVE IMPROVEMENTS $2,507,640.26 767382 09/14/2023 WARREN ANDERSON FORD ONE 2022 FORD F-350 FLEET VEHICLE $89,189.04 767395 IDC CONSULTING ENGINEERS, INC. ON CALL PROJECT MANAGEMENT

SERVICES
$51,529.25
767439 SO CAL EDISON CO SERVICE PERIOD: 07/31-08/28 $357,457.66 767441 SOUTHERN CALIFORNIA LANDSCAPE, INC. RE-SODDING OF SPORTS FIELD-AYALA PK $329,804.83 767453 US BANK CORPORATE PAYMENT SYSTEM PURCHASING CARD PAYMENT-7/24/23 $50,715.77

11 TOTAL $5,295,864.42
16 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: OCTOBER 3, 2023
TO: LINDA REICH, CITY MANAGER
FROM: NATALIE GONZAGA, CITY CLERK

SUBJECT
..titl e
Regular Meeting Minutes for September 19, 2023 (Council Member Flores Absent-Excused). ..end
..body
17 CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

REGULAR MEETING - CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, SEPTEMBER 19, 2023

MINUTES
CLOSED SESSION – 4:30 PM
OPEN SESSION – 6:00 PM
_________________________________________________________________________________

CALL TO ORDER
The September 19, 2023, Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 4:30 pm by Mayor Eunice M. Ulloa in the Council Chambers.

ROLL CALL
PRESENT: Mayor Eunice M. Ulloa, Mayor Pro Tem Karen C. Comstock, Council Member Curtis Burton, and Council Member Marc Lucio
ABSENT: Council Member Christopher Flores

CLOSED SESSION PUBLIC COMMENTS
There were no requests to speak.

CLOSED SESSION
City Attorney Fred Galante read into the record the item listed on the Closed Session agenda.

1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Paragraph (4) of Subdivision (d) of Government Code Section 54956.9.

Number of Cases: One

3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9 Number of Potential Cases: One

4. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency Negotiator: Geriann Kingslan, Director of Human Resources/Risk Management. 18 CHINO CITY COUNCIL
SEPTEMBER 19, 2023 2
Employee Organizations: Chino Police Officers Association, Chino Police Management Association, Unrepresented Sworn Management, and Elected Officials.

The City Council recessed to Closed Session at 4:32 p.m. and concluded at 5:57 p.m. The City Council reconvened the meeting at 6:02 p.m.

FLAG SALUTE
Council Member Lucio led the assembly in reciting the Pledge of Allegiance.

CEREMONIALS
Chino National Little League - Junior League, California District 23, All-Star Champions.

Recognition of the Chino National Little League - Junior League, California District 23, All-Star Champions.

Mayor Ulloa presented certificates of recognition to the Chino National Little League - Junior League, California District 23, All-Star Champions Head Coach Tyrone Scott, Assistant Coaches Vince Alamillo and Robert Gonzalez, Team Mom Allison Turner-Scott, and players Anthony Arriola, Adam Chavez, Curtis Cheng, Carson Cisneroz, Sergio Gonzalez, Rabi Llerenas, Anthony Mejia, Daniel Orona, Alejandro Palacios, Bryan Scott, Joshua Solorio, Cory Wilson.

Assemblymember Freddie Rodriguez' City of Chino Veteran and Women of the Year.

Recognition of Assemblymember Freddie Rodriguez’ City of Chino Veteran of the Year awardee Ken Willett and Woman of the Year awardee Renay S. Mehta.

Mayor Ulloa honored Assemblymember Freddie Rodriguez Veteran of the Year Ken Willett and Woman of the Year Renay S. Mehta.

Waste Management Retirement. Recognition of Waste Management Senior Driver Artemio Tovar for his 44 years of service in Chino.

Mayor Ulloa presented a certification of recognition to Artemio Tovar for his 44 years as a Waste Management Senior Driver in Chino. Glenda Chavez, Public Sector Manager with Waste Management thanked Mr. Tovar for his many years of service.

PRESENTATIONS
Inland Valley Humane Society Annual Report. Presentation from the Inland Valley Humane Society (IVHS).

Nikole Bresciani, President and CEO of the Inland Valley Humane Society (IVHS) provided a presentation on the programs and services offered to residents and provided an annual report.

She explained the Trap, Neuter, Vaccinate, Release (TNVR) program is no longer available and detailed future plans.

Sara Hernandez, resident, spoke in favor of TNVR and the great need for these services.

Donna Marchesi, resident, encouraged residents to join the group to help trap feral cats.

PUBLIC COMMENTS
Pastor Chris May, Calvary Chapel Chino Valley, provided the invocation.

Melissa Compani, Field Representative for Curt Hagman Fourth District Supervisor's Office, provided announcements and an update on upcoming events. 19 CHINO CITY COUNCIL
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Zeb Welborn, President of the Chino Valley Chamber of Commerce provided an update on recent accomplishments to generate employment opportunities in the Chino Valley area; and successful roundtable meetings to discuss new goals for the upcoming year.

REPORT OUT OF CLOSED SESSION
City Attorney Fred Galante reported on closed session as follows:

1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Paragraph (4) of Subdivision (d) of Government Code Section 54956.9.Number of Cases: One
Motion by Mayor Pro Tem Comstock, seconded by Council Member Lucio, to authorize the City Attorney's Office to initiate legal action by joining with the City of Ontario's complaint against the Inland Empire Utilities Agency (IEUA) to enforce IEUA's obligation to negotiate an extension or new regional sewerage service agreement in good faith and terminate the tolling agreement between the parties as necessary. The carried by the following vote:

AYES: ULLOA, COMSTOCK, BURTON, AND LUCIO
NOES: NONE.

ABSENT: FLORES

2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Harvey Allen II v. Chino Police Department, et al. (San Bernardino County Superior Court Case No. CIVDS2004426)
The City Council received an update, provided direction, and no further reportable action was taken.

3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9 Number of Potential Cases: One
The City Council received an update, and no further reportable action was taken.

4. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency Negotiator: Geriann Kingslan, Director of Human Resources/Risk Management.

Employee Organizations: Chino Police Officers Association, Chino Police Management Association, Unrepresented Sworn Management, and Elected Officials The City Council provided direction, and no further reportable action was taken.

AGENDA ADDITIONS/REVISIONS
City Manager Linda Reich reported there were no additions or revisions to the agenda. 20 CHINO CITY COUNCIL
SEPTEMBER 19, 2023 4

INFORMATION
Legislative Update. Receive and File the Legislative Update.

Mayor Ulloa announced the legislative update available in the agenda packet.

PUBLIC ANNOUNCEMENTS
Mayor Ulloa issued a reminder about the following scheduled community events:

The Compost & Mulch Giveaway will occur on Saturday, September 30 at the Public Works Services Yard located at 5050 Schaefer Avenue, between 8:00 a.m. and 12:00 p.m. For more information, please contact our Green Chino team at 909-334-3472.

The City's and Waste Management Free Residential Community Clean-Up Day, will take place on October 14 from 8:00 a.m. to 1:00 p.m. at 13793 Redwood Street. For more information, please call 800-423-9986.

The Halloween Spooktacular will take place on Tuesday, October 31 at Ruben S. Ayala Park, specifically Fields 11, 12, and 13, from 4:00 p.m. to 9:00 p.m. For additional information please visit the City's website at, www.cityofchino.org/Halloween, or follow the City's social media for updates.

CONSENT CALENDAR

1. Warrants. Approve expenses as audited and within budget for warrants 766908 to 767213, and Electronic Fund Transfers 517821E to 517941E, totaling $8,859,835.60.

2. Minutes. Regular Meeting Minutes for September 5, 2023 (Council Member Flores Absent-Excused).

3. Elected City Officials’ Report Regarding Travel, Training, and Meetings. Elected City Officials’ Report reflecting City Council business related expenses incurred by the City.

4. Preserve Sewer Lift Station, Force Main, and Gravity Line Annual Reconciliation of Sewer Credits Fiscal Year 2022-23 (Chino Development Corporation). Approval of Preserve Sewer Lift Station, Force Main, and Gravity Line Annual Reconciliation of Sewer Credits Fiscal Year 2022-23 (Chino Development Corporation).

5. Covenant Agreement to Annex for Sanitary Sewer. Adopt Resolution 2023-055 conditionally approving a Covenant Agreement to Annex for Sanitary Sewer Service, approve a deviation from the City of Chino’s existing policy for sewer connection in exchange for sewer infrastructure that is above and beyond what is normally required as part of the development project within the Sphere of Influence, and request approval from the San Bernardino Local Agency Formation Commission for sanitary sewer service for the Sri Sairam Mandir Temple Project located at 12594 Roswell Avenue.

6. Consolidated Annual Performance and Evaluation Report. Receive and file the 2022-2023 Consolidated Annual Performance and Evaluation Report (CAPER).

7. KG Investment LLC - Subdivision Improvement Agreement Parcel Map No. 20207. Approve the Subdivision Improvement Agreement and securities with KG Investments LLC for Parcel Map No. 20207 located at 13515 Monte Vista Avenue.

8. Adoption of Ordinance No. 2023-018 regarding City of Chino Designated Holidays. Adoption of Ordinance No. 2023-018 Amending Chapter 2.52 of the Chino Municipal Code pertaining to Holidays (Second Reading).
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9. Contract Approval - Human Services Programs for Residents of Chino Hills. Approval a contract for Human Services Programs for Residents of Chino Hills in the amount of $192,522.48 for the provision of Human Services programs for Fiscal Year 2023-24.

10. Notice of Completion - ADA Improvements and Madison Street Gap Closure Project. Accept the ADA Improvements and Madison Street Gap Closure Project (MS202 & ST223), completed by EBS General Engineering, Inc., as complete.

11. Federal Asset Forfeiture - D.A.R.E. Program Supplies. Approve appropriation of $11,500 from Federal Asset Forfeiture Funds for the purchase of D.A.R.E. Program supplies.

Motion by Council Member Burton, seconded by Council Member Lucio, to approve the Consent Calendar items 1 through 11 as presented. The motion carried by the following vote:

AYES: ULLOA, COMSTOCK, BURTON, AND LUCIO
NOES: NONE.

ABSENT: FLORES

NEW BUSINESS

12. Chino On Ice Winter Wonderland Experience. Approve a contract with Seaside Ice, LLC., dba Ice-America, for the construction, operation and maintenance of a portable outdoor ice-skating rink and associated equipment.

Staff Report By: Silvia Avalos, Director of Community Services, Parks & Recreation and Jackie Melendez, Assistant City Manager
RECOMMENDATION: 1) Approve a contract with Seaside Ice, LLC., dba Ice-America, in the amount of $446,801 for the construction, operation and maintenance of a portable outdoor ice-skating rink and associated equipment such as lighting and audio-visual effects, 2) approve a cost recovery structure for the program, and 3) authorize the City Manager to execute all necessary documents on behalf of the City.

Silvia Avalos, Director of Community Services, Parks & Recreation, introduced a video to illustrate the ice skating rink program used by other communities.

Jackie Melendez, Assistant City Manager, provided a report on the proposed ice skating rink, which would be placed at the Chino Civic Center southeast parking lot for five weeks starting in the month of December. Assistant City Manager Melendez provided information regarding staff's strategic plans to address the cost recovery, including corporate sponsorship programs and marketing efforts.

Mayor Pro Tem Comstock spoke in support of the proposed ice skating rink and acknowledged staff's efforts to seek unique programs that would be enjoyed by members of the community.

She inquired regarding the program cost, sponsorship fees, and revenue generating mechanisms and recommended that if approved staff evaluate the cost and offset revenue amount for the program.

City Manager Reich reported the offset revenue amount is approximately $35,000.

Council Member Burton stated that although the proposed ice skating rink program sounds like a great community program, he expressed concerns with the program cost and the staff's ability to secure the sponsorships within the current time frame. 22 CHINO CITY COUNCIL
SEPTEMBER 19, 2023 6
Mayor Ulloa shared concerns regarding the project cost and the importance of reserving the City's budget for current city infrastructure improvement projects and wished she could justify support for what could be an excellent offering for the community. She recommended a formal request for proposal process be a requirement for future similar submittals despite it not being a requirement for this particular contract.

Council Member Lucio spoke in favor of community events that bring services and activities to local and neighboring communities, and noted the ice skating rink has the potential to help enhance the Chino downtown business community. He encouraged staff to increase community marketing efforts to help showcase all the amenities Chino has to offer. Council Member Lucio also expressed concern with the program cost, but stated that he has confidence that staff will make this event a success and looks forward to seeing this event grow every year.

Motion by Council Member Lucio, seconded by Mayor Pro Tem Comstock.

THE MOTION FAILED BY THE FOLLOWING VOTE:

AYES: COMSTOCK, AND LUCIO
NOES: ULLOA, AND BURTON
ABSENT: FLORES

13. Update on Parking Enforcement for Street Sweeping Purposes. Provide an update on parking enforcement for street sweeping purposes and receive City Council input and direction.

Staff Report By: Dennis Ralls, City Traffic Engineer
RECOMMENDATION: 1) Receive an update on parking enforcement for street sweeping purposes; and 2) provide input and direction to staff.

Dennis Ralls, City Traffic Engineer presented a report on the item. He shared the street sweeping will be phased out with no-parking on street sweeping days on one side of the street per street sweeping day. This will allow residents the option to park on the opposite side of the street and will allow street sweeping to continue at twice a month, with each visit per month allowing for one side to be swept without cars.This was tested in a particular neighborhood and has been successful, with the enforcement starting on September 22, 2023.

Council Member Lucio stated staff's efforts have helped to resolve resident's concerns and believes that this will also help resolve the parking problems in both the College Park and The Preserve communities.

Council Member Burton stated he has received positive comments from residents and believes if staff continues to inform the residents of the street sweeping program he believes it will be a success.

Mayor Pro Tem Comstock thanked staff for addressing the concerns that Council addressed and noted that this will bring many benefits including to help stop debris from falling into the drainage and removal of abandoned vehicles.

Mayor Ulloa inquired if the program will be implemented to the entire community. City Traffic Engineer Ralls stated the program will be completed in phases to the entire community and staff plans to report back to the Council with an update on the progress and for direction when 23 CHINO CITY COUNCIL
SEPTEMBER 19, 2023 7
required.

This item was to receive and file. No vote was required.

MAYOR AND COUNCIL REPORTS
Mayor Ulloa
Mayor Ulloa reported on the meetings and events attended since the last meeting that included Omnitrans and San Bernardino County Transportation Authority (SBCTA) Board of Directors meetings; Inland Empire Utilities Agency meeting regarding the outstanding contract; Special Chino Desalter Authority Board of Directors meeting; Inland Empire Utilities Agency's Sewage Policy Committee; meeting with Consultant Andrew Hill and City Staff regarding the City's General Plan Update; September 12th Workshop; Mayor's Prayer Breakfast; Legislative Policy Committee meeting; Omnitrans Administration and Finance Committee meeting; SBCTA Metro Valley Committee meeting; the Chino Cares Emergency Preparedness Fair; and a special tour of the new Stater Bros Market at The Preserve.

Mayor Pro Tem Comstock
Mayor Pro Tem Comstock reported on the meetings and events attended since the last meeting that included the Measure G Chino School Bond Oversight Committee meeting; Chino Valley Real Estate Professionals Group meeting; City Council Workshop; Infrastructure Streets Committee meeting; Legislative Policy Committee meeting; Chino Valley Fire District Board Meeting; meeting with Eren O'Leery from Lewis Homes regarding new development and transportation topics; Annual Milk Can between Don Lugo and Chino High School; City Manager meeting; General Plan Update meeting; and Closed Session.

Council Member Burton
Council Member Burton took a moment to let the audience know he recently had surgery to remove melanoma on his leg and took this opportunity to advocate for awareness; reported on the meetings and events attended since the last meeting that included a Housing Committee meeting; City Manager meeting; City Council Workshop; General Plan Update meeting with Consultant Andrew Hill; Milk Can Football Game with Don Lugo and Chino High Schools; City Manager meeting; special tour of teh new Stater Bros Market at The Preserve; and Closed Session.

Council Member Flores
Council Member Flores was absent (excused).

Council Member Lucio
Council Member Lucio reported on the meetings and events attended since the last meeting that included a City Council Workshop; General Plan Update meeting with Consultant Andrew Hill; Infrastructure Streets Committee meeting; meeting with Eren O'Leery from Lewis Communities; City Manager meeting; and a special tour of the new Stater Bros Market at The Preserve.

City Manager's Report
City Manager Reich introduced new City of Chino Public Works Director Hye Jin Lee. Ms. Lee introduced herself to the City Council.

City Attorney's Report
24 CHINO CITY COUNCIL
SEPTEMBER 19, 2023 8
City Attorney Fred Galante had no report.

Police Chief's Report
Police Chief Mensen reported the new Young Adult Leadership Advisory Committee is accepting applications; provided an update on the recent attacks on Chino Police Officers and thanked the City Council for their support; extended prayers to the Los Angeles County Sheriff's Department for the tragic murder of Sheriff Deputy Ryan Clinkunboomer who was tragically murdered in the City of Palmdale on September 16th.

Mayor Ulloa inquired if it would be possible to bring back the senior patrol program to encourage participation from the senior community. Police Chief Mensen provided an update on similar programs that are being considered.

Fire Chief's Report
Fire Chief Dave Williams announced the upcoming State of the Fire District Luncheon and encouraged everyone to participate; he spoke in favor of youth activities and football games; and expressed attention should be given to our youth's commitment in the games they play in our communities.

ADJOURN
The meeting adjourned at 8:22 p.m. The next Regular Meeting of the City Council will be held on Tuesday, October 3, 2023 at 6:00 p.m. (Closed Session no earlier than 4:00 p.m. if necessary) in these Council Chambers.

APPROVED AND ADOPTED THIS 3RD DAY OF OCTOBER 2023.
________________________________
EUNICE M. ULLOA, MAYOR
________________________________

NATALIE GONZAGA, CITY CLERK
**************************************************
(These minutes are not official until signed.)
25 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: OCTOBER 3, 2023
TO: LINDA REICH, CITY MANAGER
FROM: NATALIE GONZAGA, CITY CLERK

SUBJECT
..titl e
Elected City Officials’ Report Regarding Travel, Training, and Meetings. ..end

RECOMMENDATION
Receive and file the Elected City Officials’ Report reflecting City Council business related expenses incurred by the City.
..body

FISCAL IMPACT
Sufficient funding is available in the adopted Fiscal Year 2023-24 Operating Budget.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Public Service Excellence through Internal and External Partnerships Revenue: Expenditure: 1002000-43320
Transfer In: Transfer Out:
26 CITY COUNCIL MEETING DATE: OCTOBER 3, 2023
TITLE: RECEIVE AND FILE THE ELECTED CITY OFFICIALS’ REPORT REFLECTING CITY COUNCIL BUSINESS RELATED EXPENSES INCURRED BY THE CITY.

PAGE: 2

BACKGROUND
In accordance with Government Code Sections 53232.2 and 53232.3, implementing Assembly Bill (AB) 1234 on January 1, 2006, the City adopted Resolution No. 2005-093 establishing a Business-Related Expense Policy. On December 6, 2016, the City approved Resolution No. 2016-075 adopting the latest revisions to this policy. In addition to requiring local agencies to adopt a business-related expense policy, AB 1234 requires that Elected Officials provide a brief report on meetings attended at the expense of the local agency at the next regular meeting of the legislative body.

ISSUES/ANALYSIS
In response to AB 1234, a report regarding Elected City Officials’ Travel, Training, and Meetings (Exhibit A) was created and is placed on the City Council Agenda Consent Calendar, as needed. The documents that pertain to the items listed on Exhibit A are available for public inspection at the City Clerk’s office located in City Hall at 13220 Central Avenue, Chino, CA. 27 Event Date Meeting Purpose and
Subject Matter
Location City Official Attendees
September 20-22,
2023
League of California
Cities Annual
Conference & Expo
Sacramento,
CA
Mayor Pro Tem Comstock
Council Member Lucio
28 MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT
CITY COUNCIL MEETING DATE: OCTOBER 3, 2023
TO: LINDA REICH, CITY MANAGER
FROM: SILVIA AVALOS, DIRECTOR OF COMMUNITY SERVICES, PARKS &

RECREATION

SUBJECT
..titl e
Award a construction contract in the amount of $54,865 with Courts Construction Company, Inc. for the City Hall Finance, Human Resources, and Information Technology Offices Interior Improvement Project (PF210), including authorized expenditures of up to $5,486 for construction contingencies, for a not-to-exceed contract amount of $60,351. ..end

RECOMMENDATION
1) Award a construction contract in the amount of $54,865.00 to Courts Construction Company, Inc., Glendora, CA for the City Hall Finance, Human Resources, and Information Technology Offices Interior Improvement Project (PF210); 2) authorize expenditures of up to $5,486.00 for construction contingencies for a not-to-exceed contract amount of $60,351.00; and 3) authorize the City Manager to execute all necessary documents on behalf of the City. ..body

FISCAL IMPACT
Sufficient funds are available in the Fiscal Year 2023-24 Building Management Fund Budget.

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:
 Responsible Long-Range Planning
Revenue: Click or tap here to enter text. Expenditure: 6508310-48030-PF210 Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 29 CITY COUNCIL MEETING DATE: OCTOBER 3, 2023
TITLE: AWARD OF CONTRACT - COURTS CONSTRUCTION COMPANY, INC. - CITY HALL INTERIOR IMPROVEMENTS PROJECT (PF210).

PAGE: 2

BACKGROUND
The Fiscal Year 2023-24 Building Management Fund provides funding for the City Hall Improvements project (PF210). As part of this project, offices will be created for the Information Technology, Finance, and Human Resources departments. The Information Technology deployment room will be converted into two offices to accommodate two new positions. Also, Finance and Human Resources have new positions in need of office space. To provide the needed office space, a Director’s office will be converted into two offices and an open workstation will be converted into a private office.

ISSUES/ANALYSIS
Staff is recommending City Council authorize a construction contract in the amount of $54,865.00 to Courts Construction Company, Inc., Glendora, CA to construct four additional private offices in City Hall. In addition to the contract amount, staff is requesting authorization to spend up to $5,486.00 for construction contingencies for unanticipated work, bringing the total potential construction contract to $60,351.00.

Company Name Total Bid Amount
1 Courts Construction Company, Inc. $54,865
2 New Millennium Construction Services $73,700
3 Corner Keystone Construction Corporation Non-Responsive Attachment: Courts Construction Company, Inc. - Agreement and Proposal 30 01225.0006/515653.2
Contract No.:

Approved:

AGREEMENT
“CITY HALL INTERIOR IMPROVEMENTS PROJECT”
THIS AGREEMENT is made and entered into this 3
rd day of October 2023, by and
between THE CITY OF CHINO, a municipal corporation, hereinafter called “City”, and COURTS CONSTRUCTION COMPANY INC., hereinafter called “Contractor”.

WITNESSETH, that the parties hereto mutually agree as follows:

ARTICLE I: For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by City, Contractor agrees to perform and complete all of the work for the project entitled “CITY HALL INTERIOR IMPROVEMTNS PROJECT” in a good and workmanlike manner in accordance with all plans and specifications therefor, to furnish at Contractor’s sole cost and expense all tools, equipment, labor, and materials necessary therefor, except such materials and equipment as are expressly stipulated to be furnished by City, and to do everything required by the Contract Documents.

ARTICLE II: Contractor shall be responsible for furnishing all labor, materials, equipment, tools, and services, furnishing and removing all plants, temporary structures, tools, and equipment, and doing everything required by this Agreement and by the Contract Documents. Contractor shall also be responsible for all losses and damages arising out of the performance of the Work, from the action of the elements, or from any unforeseen difficulties that may arise during the prosecution of the Work until its acceptance by City; for all risks of every description associated with the Work; and for all expenses resulting from the suspension or discontinuance of the Work.

City shall pay Contractor, and Contractor shall receive, for completing the Work in accordance with the requirements of the Contract Documents and in full compensation therefor, the price named in the Bid Proposal. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive a total contract amount of Fifty-Four Thousand Eight Hundred Sixty-Five Dollars and No Cents ($54,865.00) for completion of the contract work.

ARTICLE III: The City hereby employs said Contractor to perform the work according to the terms of this Agreement for the above-mentioned price(s), and agrees to pay the same at the time, in the manner, and upon the conditions stipulated in the Contract Documents; and the said parties for themselves, their heirs, executors, administrators, successors and assignees, do hereby agree to the full performance of the covenants herein contained.

ARTICLE IV: Contractor shall begin work within five (5) calendar days after receiving a Notice to Proceed from the City and the work shall be completed within forty-five (45) working days from the date on which the work was started. If the work is not completed within said time period, liquidated damages shall apply.

ARTICLE V: The Notice Inviting Bids, the Summary of Work, the Instructions to Bidders, the Bid Documents, the Required Post-Bid Documents, the General Provisions, the Special Provisions, the Technical Specifications, and all other drawing, plans, or specifications for the Work (collectively, “Contract Documents”) are hereby incorporated into and made part of this 31 01225.0006/515653.2
Agreement.

ARTICLE VI: Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

ARTICLE VII: No officer or employee of the City shall have any financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is interested, in violation of any State statute or regulation.

Similarly, Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

ARTICLE VIII: This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S.

District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.

ARTICLE IX: Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

ARTICLE X: No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which 32 01225.0006/515653.2
may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

ARTICLE XI: The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

ARTICLE XII: In the course of its work under this Agreement, the Contractor, its agents and employees shall be bound by and comply with all applicable federal, state and local laws and requirements.

ARTICLE XIII: The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE]
33 01225.0006/515653.2
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed on the day and year first above written.

Approved as to Form: Approved as to Content:

City Attorney Silvia Avalos, Director of Community
Services, Parks & Recreation

CONTRACTOR
Dated: By:
(Signature)
Name:
(Please Type or Print Name)
(Signature must be notarized) Title:
(Please Type or Print Title)

CITY OF CHINO
Dated:

Linda Reich, City Manager
ATTEST:

Natalie Gonzaga, City Clerk
Date
34 449 W. Foothill Blvd Suite 204 Glendora, CA 91741 PH / 626.914.1432 FX / 626.914.1435

August 29, 2023
City of Chino ± City Hall
Projects: 1. IT Offices ± Split large office into (2); Modify door openings

2. HR Office ± Split large office into (2); Add door/glass opening

3. HR Office (Jason) ± Close in office; Add door/glass opening
I. Remodel (3) office spaces per August 23, 2023 job walk including prevailing wages including:

1. IT Offices
¶[¶

x Mask/Protect existing surfaces
x Remove existing double storefront doors DQG

¶[¶GRRUIUDPH
UH-LQVWDOO¶
door at opening where double storefront doors removed; fill in/repair both RSHQLQJVDVUHTXLUHG
FXWLQIUDPHQHZ¶[¶GRRURSHQLQJWRQHZO\FUHDWHG office
x &RQVWUXFWQHZSDUWLWLRQZDOO
DSSUR[¶[
¶
ZLWK¥OLJKW-gauge steel studs
below exist T-bar ceiling and brace to deck above; install ¥GU\ZDOOERWKVLGH± finish to approx. match existing wall texture
x Split existing supply and return registers and add supply/return to newly created office *(no new VAV dampers/controls; will add manual dampers for minor adjustments.
x ,QVWDOO

QHZ¶[¶GURSLQ7EDUOLJKWIL[WXUH
VXSSOLHGE\&LW\

WLHLQWR
existing light circuit *(no new switching); reconfigure existing light locations as required
x Paint all walls affected by construction; finish (1) door x Supply/install electric strike at relocated entry door; tie into existing card reader; supply and install commercial lockset at new office door x Install carpet tiles and vinyl base *(supplied by City)

2. HR Office
¶[¶

x Mask/Protect existing surfaces
x Construct new partition wall (approx. 11¶[
¶
ZLWK¥OLJKW-gauge steel studs
(where previous wall removed)
LQVWDOO¥GU\ZDOOERWKVLGH± finish to approx.
match existing wall texture
x &XWLQIUDPHQHZ
¶[¶IRUGRRUZindow/window; supply/install to approx. match existing including commercial passage hardware; repair drywall ± as required
x Add (2) 110v outlets to existing circuit and (2) future data drops; add (1) additional 2 x 4 drop-in fixture (supplied by City), and separate lighting for 2nd office including separate switching control
x Paint walls affected by construction; finish new doors and rails to approximately match existing
x Add vinyl base at new wall areas affected by construction 35 449 W. Foothill Blvd Suite 204 Glendora, CA 91741 PH / 626.914.1432 FX / 626.914.1435

3. HR Office (Jason)
¶[¶

x Mask/Protect existing surfaces
x &RQVWUXFWQHZSDUWLWLRQZDOO
DSSUR[¶[
¶
ZLWK¥OLJKW-gauge steel studs
below exist T-bar ceiling and brace to deck above
x Cut in/frame new 6¶[¶IRUGRRUZLQGRZ
VXSSO\LQVWDOOWRDSSUR[PDWFK
existing including commercial passage hardware; repair drywall ± as required x Separate light from general room lighting and add switch with occupancy sensor x Paint new walls and existing walls affected by construction; finish (1) new door and rail
x Install vinyl base at new wall
TOTAL COST: $ 54,865.00
Exclusions:
x Permit/Approval Fees
x Flooring and vinyl base materials
x Drop in light fixtures
x Paint materials
x Modification to Fire Sprinkler/Alarm systems
x Modifications to VAV dampers/controls
x Assumes normal work hours
x Scope not specifically identified in this Proposal
36 MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT
CITY COUNCIL MEETING DATE: OCTOBER 3, 2023
TO: LINDA REICH, CITY MANAGER
FROM: SILVIA AVALOS, DIRECTOR OF COMMUNITY SERVICES, PARKS &

RECREATION

SUBJECT
..titl e
Award a construction contract in the amount of $56,499.20, including authorization for expenditures of up to $5,649.00 for construction contingencies for a not-to-exceed construction contract amount of $62,148.20 to Mariposa Landscapes, Inc. for the Community Garden Park Irrigation and Turf Replacement Project (IB238).
..end

RECOMMENDATION
1) Award a construction contract in the amount of $56,499.20 to Mariposa Landscapes, Inc., Irwindale, CA for the Community Garden Park Irrigation and Turf Replacement project (IB238), 2) authorize expenditures of up to $5,649.00 for construction contingencies for a not-to-exceed construction contract amount of $62,148.20; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.
..body

FISCAL IMPACT
Sufficient funds are available in the Fiscal Year 2023-24 Building Management Fund Budget.

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
 Commitment to Our Community
Revenue: Click or tap here to enter text. Expenditure: 65083101-48020-IB238 Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 37 CITY COUNCIL MEETING DATE: OCTOBER 3, 2023
TITLE: AWARD OF CONTRACT - MARIPOSA LANDSCAPE, INC.

PAGE: 2

BACKGROUND
The Fiscal Year 2023-24 Building Management Fund provides funding for the Community Garden Park Irrigation & Turf Replacement project (IB238). Constructed in 2016, the Community Garden Park currently has a sub-surface drip irrigation system and existing turf that have both reached the end of their efficiency lifespan and now need to be replaced.

The project scope of work for the Community Garden Park Irrigation and Turf Replacement will include removal of all existing turf and sub-surface drip irrigation system throughout the turf area. Additionally, the scope of work will also include the installation of a new overhead lowvolume spray system and new sod (low water-use hybrid fescue). The new irrigation and turf will enhance the image of the park and increase maintenance efficiency.

ISSUES/ANALYSIS
Staff is recommending that City Council authorize a construction contract in the amount of $56,499.20 to Mariposa Landscapes, Inc., Irwindale, CA for the purchase and installation of new irrigation and turf for the Community Garden Park Irrigation & Turf Replacement project. In addition to the contract amount, staff is requesting authorization to spend up to $5,649.00 for construction contingencies for unanticipated work, bringing the total potential construction contract to $62,148.00.

Company Name Total Bid Amount
1 Mariposa Landscapes, Inc. $56,499.20
2 RCB and Sons, Inc. $105,150.00
3 CLS Landscape Management, Inc. Declined to bid
Attachment: Mariposa Landscapes, Inc. - Agreement and Proposal 38 01225.0006/515653.2
Contract No.:

Approved:

AGREEMENT
“COMMUNITY GARDEN IRRIGATION & TURF REPLACEMENT”
THIS AGREEMENT is made and entered into this 3
rd day of October, 2023 by and
between THE CITY OF CHINO, a municipal corporation, hereinafter called “City”, and MARIPOSA LANDSCAPES INC., hereinafter called “Contractor”.

WITNESSETH, that the parties hereto mutually agree as follows:

ARTICLE I: For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by City, Contractor agrees to perform and complete all of the work for the project entitled “COMMUNITY GARDEN IRRIGATION & TURF REPLACEMENT” in a good and workmanlike manner in accordance with all plans and specifications therefor, to furnish at Contractor’s sole cost and expense all tools, equipment, labor, and materials necessary therefor, except such materials and equipment as are expressly stipulated to be furnished by City, and to do everything required by the Contract Documents.

City shall pay Contractor, and Contractor shall receive, for completing the Work in accordance with the requirements of the Contract Documents and in full compensation therefor, the price named in the Bid Proposal. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive a total contract amount of Fifty-Six Thousand Four Hundred Ninety-Nine Dollars and Twenty Cents ($56,499.20) for completion of the contract work.

ARTICLE IV: Contractor shall begin work within five (5) calendar days after receiving a Notice to Proceed from the City and the work shall be completed within ninety (90) working days from the date on which the work was started. If the work is not completed within said time period, liquidated damages shall apply.

Similarly, Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.

ARTICLE X: No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which 40 01225.0006/515653.2
may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

ARTICLE XII: In the course of its work under this Agreement, the Contractor, its agents and employees shall be bound by and comply with all applicable federal, state and local laws and requirements.

ARTICLE XIII: The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE]
41 01225.0006/515653.2
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed on the day and year first above written.

Approved as to Form: Approved as to Content:

City Attorney Silvia Avalos, Director of Community
Services, Park & Recreation

CONTRACTOR
Dated: By:
(Signature)
Name:
(Please Type or Print Name)
(Signature must be notarized) Title:
(Please Type or Print Title)

CITY OF CHINO
Dated:

Linda Reich, City Manager
ATTEST:

Natalie Gonzaga, City Clerk
Date
42 BID SCHEDULE
BIDDER’S NAME:

By submitting this bid, we offer to furnish all necessary labor, tools, materials, and equipment to complete all Work mentioned in the scope, in full compliance with all documents, including plans, specifications, attachments and exhibits pertaining to Community Garden Park Irrigation & Turf Replacement Project, at the prices listed below.

The basis of comparison to determine the low bid is the Total Bid Price.

BID SCHEDULE
Description Unit of
Measure
Total Bid
Amount in
Figures
Total Bid Amount in
Words
Contractor shall provide all labor, any
additional materials, and equipment in
accordance with the Community
Garden Park Irrigation & Turf
Replacement Project.

Lump
Sum
$
We understand that these quantities are estimates only and are given solely for the purpose of facilitating the comparison of Bids, and that the Contractor’s compensation will be computed on the basis of the actual quantities in the completed Work.
56,499.20
Fifty Six Thousand
Four Hundred Ninety
Nine Dollars and
Twenty Cents.

Mariposa Landscapes, Inc
43 BID SCHEDULE
BIDDER’S NAME: Bg £5 ¢ $9“; Inc.

By submitting this bid, we offer to furnish ail necessary iabor, tools, materials, and equipment to complete ali Work mentioned in the scope. in fuli compiiance with all documents, including plans, specmcalions, attachments and exhibits pertaining to Community Garden Park Irrigation & Turf Replacement Project, at the prices listed below.

The basis of comparison to determine the low bid is the Total Bid Price.

We understand that these quantities are estimates only and are given solely for the purpose of facilitating the comparison of Bids, and that the Contractors compensation will be computed on the basis of the actual quantities in the completed Work.

Roomomai mM"
RCB & SONS, INC.
11 997 Magnolia Avenue
Riverside, California 92503
(951) 689-6377 Fax (951) 689-4069
CAT? '5‘tct%t$ 2w statuses
(he Loooooccst. 2w. ctuwS
Erik t5owncxtdr I?m3[dw4<
Cm‘e. \o e rebel/ed sowstod‘m
BID SCHEDUhE r r
Description Unit of Total Bid ‘ Total Bid Amount in
Measure Amount in Words
Figures
Contractor shall provide all labor, any
additional materials, and equipment in
accordance with the Community
Garden Park irrigation & Turf
Replacement Project.

Lump
Sum
$
QO
0’ \o) 4) t \O
ONEWyn
Hum
3&M‘r
DKE‘D
Qvu. 4l“: hW‘Kd
6Uonl$
44 MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT
CITY COUNCIL MEETING DATE: OCTOBER 3, 2023
TO: LINDA REICH, CITY MANAGER
FROM: SILVIA AVALOS, DIRECTOR OF COMMUNITY SERVICES, PARKS &

RECREATION

SUBJECT
..titl e
Award a construction contract in the amount of $47,435, including $4,743 for construction contingencies, for a not-to-exceed construction contract amount of $52,178 to Allison Mechanical, Inc., Redlands, CA for the Police Department SMARDT Chiller #2 repair. ..end

RECOMMENDATION
1) Award a construction contract in the amount of $47,435 to Allison Mechanical, Inc., Redlands, CA for the Police Department SMARDT Chiller #2 repair; 2) authorize expenditures of up to $4,743 for construction contingencies for a not-to-exceed construction contract amount of $52,178; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.
..body

FISCAL IMPACT
Sufficient funds are included in the Fiscal Year 2023-24 Building Management Budget.

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
 Superior Customer Service
 Responsible Long-Range Planning
 Public Service Excellence through Internal and External Partnerships Revenue: Click or tap here to enter text. Expenditure: 6508310-48090 Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 45 CITY COUNCIL MEETING DATE: OCTOBER 3, 2023
TITLE: AWARD OF CONTRACT - POLICE DEPARTMENT SMARDT CHILLER #2 REPAIR.

PAGE: 2

BACKGROUND
The Fiscal Year 2023-24 Building Management Fund provides funding for preventative maintenance and on-call repair services for the Police Department’s heating, ventilation, and air conditioning (HVAC) infrastructure. Allison Mechanical, Inc. secured an agreement for the Police Facility HVAC and Automation Preventative Maintenance Services through a Request for Proposal in FY 2020-21. Allison Mechanical, Inc. is an approved contractor that possesses the knowledge, certifications, experience, and expertise to complete all aspects of the maintenance and repair of the Police Department’s HVAC system.

During the past few years, the existing SMARDT chillers have experienced several significant mechanical failures, likely due to their age (11/+ years). Currently, both chillers are unable to operate beyond 50% of their rated capacity due to failed components. To address this issue, Allison Mechanical is recommending the replacement of one of the two compressors on Chiller #2. The project scope of work includes the removal of the inoperable compressor, installation of a new compressor, and performing start and operational load testing to verify proper operation.

In regard to Chiller #1, Allison Mechanical, Inc. under a separate previously approved agreement, has ordered the parts necessary to repair Chiller #1. As of the writing of this staff report, the availability of those parts is estimated to be 3-6 months out.

ISSUES/ANALYSIS
Staff is recommending that City Council authorize a construction contract in the amount of $47,435 to Allison Mechanical, Inc., Redlands, CA for the Police Department SMARDT Chiller #2 repair. In addition to the contract amount, staff is requesting to spend up to $4,743 for construction contingencies for unanticipated work, bringing the total potential construction contract to $52,178.

Attachment: Allison Mechanical, Inc. - Agreement
46 01225.0006/515653.2
Contract No.:

Approved:

AGREEMENT
POLICE DEPARTMENT SMARDT CHILLER #2 REPAIR
THIS AGREEMENT is made and entered into this 3
rd day of October, 2023 by and
between THE CITY OF CHINO, a municipal corporation, hereinafter called “City”, and ALLISON MECHANICAL, INC., hereinafter called “Contractor”.

WITNESSETH, that the parties hereto mutually agree as follows:

ARTICLE I: For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by City, Contractor agrees to perform and complete all of the work for the project entitled “POLICE DEPARTMENT SMARDT CHILLER #2 REPAIR” in a good and workmanlike manner in accordance with all plans and specifications therefor, to furnish at Contractor’s sole cost and expense all tools, equipment, labor, and materials necessary therefor, except such materials and equipment as are expressly stipulated to be furnished by City, and to do everything required by the Contract Documents.

City shall pay Contractor, and Contractor shall receive, for completing the Work in accordance with the requirements of the Contract Documents and in full compensation therefor, the price named in the Bid Proposal. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive a total contract amount of Forty-Seven Thousand Four Hundred ThirtyFive Dollars and No Cents ($47,435.00) for completion of the contract work.

Similarly, Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.

ARTICLE X: No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which 48 01225.0006/515653.2
may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

ARTICLE XII: In the course of its work under this Agreement, the Contractor, its agents and employees shall be bound by and comply with all applicable federal, state and local laws and requirements.

ARTICLE XIII: The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE]
49 01225.0006/515653.2
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed on the day and year first above written.

Approved as to Form: Approved as to Content:

City Attorney Silvia Avalos, Director of Community
Services, Parks & Recreation

CONTRACTOR
Dated: By:
(Signature)
Name:
(Please Type or Print Name)
(Signature must be notarized) Title:
(Please Type or Print Title)

CITY OF CHINO
Dated:

Linda Reich, City Manager
ATTEST:

Natalie Gonzaga, City Clerk
Date
50 OFFICE:
1968 Essex Ct.

Redlands, CA 92373-8008
(909) 478-5633 FAX (909) 478-5637
Bill To: Job Name:

Bill to Address: Job Address:

Contact Name:

SCOPE OF WORK:

Prepared in duplicate this Tuesday, June 20, 2023 Accepted For Buyer:

Prepared for ALLISON MECHANICAL, INC. By:

By: Pete Paluzzi, Regional Account Manager
Name/PO#:

Accepted For Contractor:

By: Date of Acceptance:

Chino, CA 91710
NOTICE: THIS PROPOSAL IS CONTINGENT ON A LACK OF IMPACT BY THE CORONAVIRUS NATIONAL EMERGENCY.

Given the existence of the coronavirus pandemic, Allison Mechanical, Inc. will use its best efforts to staff and supply this project to be meet the scheduled completion date. However, Allison Mechanical, Inc. reserves its right to seek an excusable extension of time if Allison Mechanical, Inc. or its subcontractors and suppliers are unable to maintain planned crew sizes due to the illness, supply shortages or governmental restraints on business, travel and/or assembly. To the extent that the project is suspended pursuant to the terms of the proposed Allison Mechanical, Inc., we intend to seek additional costs associated with the suspension.

On a recent service visit our technician found Compressor-2 in chiller-2 was covered in condensation, no power to the compressor board, deficient transformer, power inverter, soft start board and the motor cooling valve is leaking by causing the compressor to accumulate condensation on the housing and blown fuses and should be replaced.

Our proposed scope of work is as follows:

1.Secure power and lock/tag out for safety.

2.Remove deficient compressor.

3.Install new compressor and connect all related electrical wiring.

4.Restore power and make all necessary adjustments.

5.Perform start and test to verify proper operations.

Notes:
*All work is to be performed during normal business hours. *Anything not listed in the above scope will require a separate proposal.

CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS STATE LICENSE BOARD. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR OF THE BOARD WHOSE ADDRESS IS: 3132 BRADSHAW ROAD, SACRAMENTO, CA. MAILING ADDRESS: P.O. BOX 26000, SACRAMENTO, CA.

BID CONTRACT No. 2023062063
Your signed acceptance of this agreement within 30 days from June 20, 2023, shall, upon acceptance of the Seller, constitute a Contract to perform the work described above, including all terms and conditions contained herein. Seller shall be defined to mean Allison Mechanical, Inc. or it’s assigns. Buyer shall be defined to mean the Owner/Agents, Builder, Architect, lessees, or any person acting on behalf of any of the foregoing.

The total price of this work is $47,435.00 including all taxes. Terms of payment, unless modified are: $0.00 down payment and the balance due upon receipt of invoice.

Allison Mechanical, Inc. extends manufacturer's standard warranties on all new equipment, misuse or abuse excepted, for a period not to exceed one year from date of first beneficial use, which shall be defined as the Start-up date. Allison Mechanical, Inc. guaranties all repaired material, parts and labor for a period of 90 days from the date of first beneficial use. There are no warranties, expressed or implied, other than the above unless so noted herein
Chino Police Department
Replace Compressor-2 in Chiller-2
City of Chino
Dennis Ellis
5450 Guardian Way
This work or price does not include detection, abatement, encapsulation, or removal of asbestos or products, materials or equipment containing asbestos.
13220 Central Avenue
Chino, CA 91710
51 General Terms and Conditions

1. All work shall be performed during normal working hours unless otherwise stated herein.

2. Allison Mechanical, Inc. agrees to maintain in full force and effect a Workmen’s Compensation insurance policy and a Comprehensive Liability Insurance policy in substantial amount to protect all parties to this agreement, furnishing certificates of insurance, if required by Buyer.

3. Buyer shall prepare the premises to permit free movement and erection of materials, providing necessary openings, supports, cutting , patching , necessary public utility and steam services, and pay all fees in accordance with codes and ordinances unless otherwise indicated in this Bid Contract.

4. In the event that the Seller encounters any asbestos product or material in the course of performing its work, the Seller shall have the right to immediately discontinue its work and remove its employees from the project, or that portion of the project wherein such product or materials were encountered, until such time as any hazards connected therewith are abated, encapsulated or removed and/or it is determined that no hazard exists; further, Seller shall receive an extension of time to complete its work and compensation for delays encountered and compensation for any change in the sequence or method of its work occasioned as a consequence of said encounter.

5. Allison Mechanical, Inc., extends manufacturer’s standard warranties on all new equipment, misuse or abuse excepted for a period not to exceed one year from date of first beneficial use, which shall be defined as the Start-up Date.

Allison Mechanical, Inc. guarantees all repaired materials, parts and labor for a period of 30 days from the date of first beneficial use. There are no warranties, expressed or implied, other than the above unless so noted herein.

Seller shall not be liable for any consequential damages including, but not limited to, liquidated damages, loss of rent, interest expense, extended overhead or any other delay damages of any kind, nature or description. It is expressly understood and agreed that the only liability of Seller is to replace defective workmanship or material as herein above set forth.

6. Allison Mechanical, Inc. agrees that for a period of thirty days following the initial operation of the installation, it will replace any refrigerant loss caused by defects in the equipment, material, parts, or workmanship furnished under this contract. Replacement of refrigerant due to failure or defects other than items furnished by Seller is not included as part of this agreement.

7. Allison Mechanical, Inc. shall not be liable for the corrosive or erosive action of liquids and/or gases upon the equipment specified and no part of such equipment shall be deemed defective by reason of its failure to resist physical or chemical action of such elements or items upon such equipment.

8. This agreement shall not be binding until duly accepted by an authorized officer of Allison Mechanical, Inc. No person has authority to make or claim any representation, warranty, term, promise, or condition, expressed or implied statutory or otherwise, which is not expressed herein. This agreement constitutes the entire agreement between the parties and supersedes and revokes any previous agreement, written or oral, with respect to the labor and equipment covered hereby and may not be amended or modified except in writing executed by the parties hereto.

9. Under no circumstances shall the liability of Seller arising out of the sale or erection of the equipment hereunder, or arising out of its use, whether on warranties or otherwise, in any case exceed the lesser of the following: (a) Cost of correcting defects in the equipment or workmanship; or (b) the difference in value between the installation as installed and the cost of the original installation thereof, if installed strictly as in the contract documents set forth and in no event shall any claims be made by either party against the other for consequential damages.

10. The Seller shall not be bound by any plans and specifications or conditions, existing or otherwise, that have not been presented to or delivered to it for the purpose of submitting this bid, nor shall the Seller be bound by any city ordinances, State laws or other governmental regulations not in effect at the time of submitting this bid, or which had become obsolete and which no longer was enforced by such public body enacting the same.

11. The Seller shall be excused for any delay in completion of this Bid Contract caused by acts of God, including, but not limited to, wind, rain, flood, storm, landslide, subsidence and earthquake; acts of neglect of owner or architect or by any employee or agent of either; acts of neglect of separate contractors employed by owner; acts of public utilities or governmental or public bodies or their agents; material shortages; labor trouble, labor slowdowns, strikes, union activity causing a reduction in productivity; fire; casualty; delay in transportation; changes ordered in the work; failure of Buyer to make payments to Seller as required under this Bid contract, or other causes beyond the reasonable control of Seller, any of which shall automatically entitle Seller to reasonable or necessary extensions of the completion date of the work and to an equitable adjustment of the contract price to compensate Seller for all costs and expenses of additional labor, service, equipment or material and extended overhead resulting from any such delay.

If any of the materials specified are not readily available, the Seller may substitute equally efficient materials or fixtures of generally similar character in lieu of the equipment, materials, or fixtures specified, and it shall allow any differential between the original cost of the materials specified and the materials furnished.

In the event of inability to obtain labor at union scale or without paying a premium above such scale, Seller may delay performance until same shall be obtainable without premium payment or at the option of the Buyer the latter may require the use of materials or labor requiring the payment of such excess cost, but upon condition that the Buyer shall pay such excess.

12. No additional work will be performed unless it is authorized in writing by the Buyer. If the Buyer refuses to sign a written work authorization or change order for the extra work, Seller reserves the right to refuse to perform the extra work.

13. Should either party hereto bring suit in court to enforce the terms hereof, any judgment awarded shall include court costs and reasonable attorney’s fees to the successful party.

14. Seller assumes no responsibility for the design on those jobs where Seller prepares working or shop drawings from designs furnished by other. Seller assumes no responsibility whatsoever for design or operative end result under any contract unless there is affirmatively stated on the obverse side of this Bid Contract, a direct undertaking on Seller’s part to do so.

15. Seller may suspend further performance under this Bid Contract upon three days written notice to the Buyer in the event the Buyer is in breach of this Bid Contract for breach other than non-payment. Notice need not be given if work is suspended due to non-payment or due to the failure of the Buyer to pay for change orders as provided herein. In the event Seller elects to suspend performance, Seller shall be entitled to remobilization costs, including profit and overhead, upon the Buyer bringing payments current or issuing proper change orders for extra work. Such costs will equal actual losses sustained by Seller in terminating and restarting work.

16. This contract is entered into upon the understanding that in the prosecution of any work herein specified, Seller will be allowed sufficient time for performance of said work on the basis of a normal eight-hour day, and in the event that Buyer or any subcontractor, require Seller to perform such labor on an overtime basis, then such additional expense of every kind and character as Seller may be required to incur on account of said overtime labor, shall constitute an additional charge herein.

17. It is agreed that Buyer is to provide without cost to Seller: proper hoisting conveyances and scaffolding (including the use of engineer) at times so as to not delay Seller’s part of the work, unless otherwise indicated in this proposal.

18. Any loss or damage to Seller’s work, material or equipment occurring at the site of the project occasioned by fire, flood, windstorm, riot or civil commotion shall be protected by Builder’s Risk, insurance procured by the contractor or owner without cost to Seller and Seller shall receive a proportionate share of the amount of any payment loss under any such policy or policies according as Seller’s interest may appear.

19. Notwithstanding any provision in the plans, specifications, contract between prime contractor and owner, general conditions, or any contract documents executed by and between contractor and owner having to do with the subject now stated, Seller shall not be liable for the cost of correcting defects occasioned by the acts or omissions of employees of other subcontractors, the prime contractor, owner or any segregated contractor, to work performed by Seller. Before Seller proceeds with any corrective work to repair such damage, the prime contractor or other person contracting with the Seller in this Bid Contract, shall give Seller an unqualified instructions to proceed with the work upon their responsibility to compensate Seller therefore as an extra.

20. The Seller expressly reserves the right to assign all or any portion of its rights and/or duties under the Bid Contract with or without notice to the Buyer herein.

21. In the event of a conflict between the terms and conditions of this Bid Contract and terms and conditions stated in the plans and specifications, or any other contract document, including the prime contract between owner and prime contractor, the terms and conditions of the Bid Contract shall govern.

22. If, in Seller’s opinion, Buyer’s credit becomes impaired, Seller may, at its option, suspend work and deliveries under this contract until it has received full settlement or security for services rendered and is satisfied as to Buyer’s credit for further shipments. If Buyer fails or refuses to make such payment or give such security, then the full amount due under this contract at such time, for labor and material and/or equipment furnished shall immediately become due and payable and Seller shall have the right and the option to terminate this agreement. In the event that a suspension of this contract is required because of Buyer’s doubtful credit, an extension of time fixed for the performance of this contract equal to the time of such suspension, shall automatically occur. If legal action is filed to effect collection of any sums due hereunder. Seller shall be entitled to reasonable attorney fees in addition to all other damages found to be due hereunder. 52 MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT
CITY COUNCIL MEETING DATE: OCTOBER 3, 2023
TO: LINDA REICH, CITY MANAGER
FROM: SILVIA AVALOS, DIRECTOR OF COMMUNITY SERVICES, PARKS &

RECREATION

SUBJECT
..titl e
Approve a vendor cap increase of $40,000 with C.E. Mechanical, Inc. for a total not-to-exceed amount of $90,000, for preventative maintenance and on-call services for Citywide heating, ventilating, and air-conditioning (HVAC) services.
..end

RECOMMENDATION
1) Approve a vendor cap increase with C.E. Mechanical, Inc., Chino, CA in the amount of $40,000 for a total not-to-exceed amount of $90,000; and 2) authorize the City Manager to execute all necessary documents on behalf of the City.
..body

FISCAL IMPACT
Sufficient funds are available in the Fiscal Year 2023-24 Building Management Fund budget.

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:
 Financial Stability
 Responsible Long-Range Planning
Revenue: Click or tap here to enter text. Expenditure: 6508310-43585 Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 53 CITY COUNCIL MEETING DATE: OCTOBER 3, 2023
TITLE: VENDOR CAP INCREASE - C.E. MECHANICAL, INC.

PAGE: 2

BACKGROUND
The Fiscal Year 2023-24 Building Management Fund budget provides funding for preventative maintenance and on-call services for Citywide heating, ventilating, and air-conditioning (HVAC) services necessary to accomplish all aspects of the maintenance, installation, and repair services. C.E. Mechanical, Inc., is an approved contractor that possesses the knowledge, certifications, and expertise to complete all aspects for maintenance, installation, and repair services. Multiple repair services have occurred this fiscal year, including a new condenser and compressor for the Chino Experience Teen Center, leak repair at the Carolyn Owens Community Center, and compressor replacement at Public Works Service Center Administration building. Staff is currently requesting additional repairs at Public Works Service Center Administration building and for unanticipated repairs throughout the remainder of the fiscal year.

ISSUES/ANALYSIS
C.E. Mechanical, Inc. has a vendor cap of $50,000 and year-to-date staff has expended 80% of the vendor cap. The requested increase of $40,000 is for heating, ventilating, and airconditioning (HVAC) services at City facilities. If approved, this will bring the total vendor cap for C.E. Mechanical, Inc. to $90,000. City Council authorization is required as the combined total of purchase orders will exceed $50,000 authorized to one vendor. 54 MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT
CITY COUNCIL MEETING DATE: OCTOBER 3, 2023
TO: LINDA REICH, CITY MANAGER
FROM: SILVIA AVALOS, DIRECTOR OF COMMUNITY SERVICES, PARKS &

RECREATION

SUBJECT
..titl e
Approve the Master Contracts with the Chino Valley Unified School District for the ASES (RAAP/SOAR), TYKES, and Homeless Innovation Program (HIP) programs. ..end

RECOMMENDATION
1) Approve the Master Contracts with the Chino Valley Unified School District for the amounts of $1,276,209 for ASES (RAAP/SOAR) (Exhibit 1); $81,000 for TYKES (Exhibit 2); $25,000 for Homeless Innovation Program (HIP) (Exhibit 3); 2) create a new project for HIP 3) increase the revenue and expense budgets of the HIP project by $25,000, and 4) authorize the City Manager to execute all necessary documents on behalf of the City. ..body

FISCAL IMPACT
Increase the revenue and expense budgets of the HIP project #G8240 by $25,000. There is no increase to the year-end transfer from the General Fund.

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
 Superior Customer Service
 Public Service Excellence through Internal and External Partnerships Revenue: 33081208-59500-G8240($25,000) Expenditure: 33081208-40000-G8240 ($25,000) Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 55 CITY COUNCIL MEETING DATE: OCTOBER 3, 2023
TITLE: MASTER CONTRACTS - CHINO VALLEY UNIFIED SCHOOL DISTRICT.

PAGE: 2

BACKGROUND
For several years, the City of Chino has partnered with the Chino Valley Unified School District (District). Through this partnership, the City and District work together to provide a variety of programs and services benefiting youth in the community. These programs include counseling, case management, resource centers, intervention and prevention programming, after school programs, and programs for parents of preschool children.

ISSUES/ANALYSIS
In order to facilitate efficient coordination and implementation of services, the District enters into a contract with the City to provide the services outlined in the Master Contracts (Exhibits 1-3).

Once services are rendered, the City bills the District and the District reimburses the City for those services. Each of the grants have been included and approved in the Fiscal Year 2023- 2024 budget, except for the Homeless Innovative Program (HIP), which is funding for the HOPE Family Resource Center Coordinator and Case Managers to attend conferences and trainings, and also present their resource center model at conferences.

The Master Contracts were approved at the Chino Valley Unified School District Board of Education meetings on July 20 and August 17, 2023. The HIP grant is new and will require an establishment of a project number and an appropriation of $25,000 to both expense and revenue.

Attachments: Master Contracts - Exhibits 1-3
56 EXHIBIT 1
CNS—23244 10
CITY CONTRACT NO.:

APPROVED:

UNWIED SCHOOL DISTRXCT
5130 Riverside Drive, China, CA 91710
(909) 628—1201
J Name of Department/Site
‘ Submitting Contract: Health Services/ASES
‘1 Name of Contact Person: KATHY CASINO, DIRECTOR, PURCHASING

AGREEMENT FOR CONSULTANT SERVICES/MASTER CONTRACT
This Agreement Is made between the CHINO VALLEY UNIFIED SCHOOL DISTRICT, ("DISTRICT") and City of Chino (“CONSULTANT”)
(REcrrALS)
WHEREAS, CONSULTANT is especially skilled, trained, experienced, and competent to render the services and advice described in Section I hereof; and WHEREAS, DISTRICI' requires the services described in Section 1 hereof and DISTRICT is unable to obtain them from existing personnel; and
NOW, THEREFORE, DISTRICI' AND CONSULTANT mutually agree as follows:

1. Services to be Provided by CONSULTANT:
a. CONSULTANT will render the services to DISTRICT that are described as:
staffing for grant funded after school programs.
b. CONSULTANT will commence work under this Agreement on or about 7/1/2023 and wili diligently prosecute the work thereafter. CONSULTANT will complete the work not Iater than 6/30/2024. Upon a showing of good and sufficient cause by CONSULTANT, DISTRICT may, in its sole discretion, grant such extension of time as it may deem advisable. However, DISTRICT shall not pay CONSULTANT any additional compensation if such an extension is granted, unless CONSULTANT performs additional services, the compensation for which shall be determined by the DISTRICT and CONSULTANT in writing.
c. CONSULTANT will perform said services in his or her own way and as an independent contractor in the pursuit of his or her independent calling and not as an employee of DISTRICT. He or she shall be under the control of the DISTRICT as to the result to be accomplished and not as to the means or manner by which such result is to be accomplished.
57 CNS-23244 10
CONSULTANT’S Representations:

CONSULTANT represents that he or she has the skills, experience, and knowledge necessary to perform the services agreed to be performed under this Agreement; and CONSULTANT understands the DISTRICT has relied upon the representations of CONSULTANT that he or she has the skills, experience, and knowledge to perform the services required by this Agreement in a competent manner. CONSULTANT understands the scope of the services required to be performed under this Agreement. CONSULTANT warrants that he or she will faithfully and diligently perform the services hereunder.

CONSULTANT shall employ, as a minimum, generally accepted standards of practices employed by persons engaged in providing similar services in existence at the time of the performance of the obligations hereunder.
. Compensation to CONSULTANT:
a. Consultant will provide services for the amount of: $1,276,209.00. b. No additional compensation will be granted unless agreed to in writing by DISTRICT. c. Funding Source: ASES Grant
d. DISTRICT will not withhold Federal or State income tax deductions from payments made to CONSULTANT under this Agreement but will provide CONSULTANT with a statement of earnings at the conclusion of each calendar year.
e. For services rendered, the CONSULTANT must submit to the DISTRICT a detailed request for payment with an itemized invoice, describing services provide, with the signature of site principal or manager, noting work or service was completed. . Duration of Agreement:

The term of this Agreement shall commence on 7/1/2023 and terminate on 6/30/2024.

Subject to terms and conditions stated in #10.
. DISTRICT to Provide Information:

DISTRICT will prepare and furnish to CONSULTANT upon his or her request such information as is reasonably necessary to the performance of CONSULTANT’S work under this Agreement.
. Ownership of Materials:

Any and all documents, or materials prepared or caused to be prepared by CONSULTANT pursuant to this Agreement shall be the joint property of the DISTRICT and CONSULTANT upon payment by the DISTRICT. All said documents and materials shall be delivered to and become the joint property of the DISTRICT and CONSULTANT. 58 CllS-2324-1 1 O

7. General Provisions:
a. CONSULTANT shall comply with all Federal, State and local laws and ordinances applicable to such work. CONSULTANT shall provide workers‘ compensation insurance or self-insure for his or her services. Evidence of insurance (General Liability, Professional Liability, Auto and Workers’ Comp) shall be provided to DISTRICT upon execution of this Agreement.
b. If CONSULTANT is an individual, for services rendered, he or she must submit to the DISTRICT a completed IRS W9 form that must include CONSULTANT’S signature, social security number or tax identification number; and state whether or not CONSULTANT is a retired member of the State Teachers Retirement System of the State of California. c. This Agreement may be amended by the mutual written consent of the parties.

8. Assignment:

This Agreement may not be assigned without the written consent of the DISTRICT.

9. Indemnification:

In contemplation of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement as defined by Section 895 of said Code., each of the Parties hereto, pursuant to the authorization contained in Section 895.4 and 895.6 of said Code, will assume the full liability imposed upon it, or any of its ofdcers, agents, or employees, by law for injury caused by a negligent or wrongful act of omission occurring in the performance of this Agreement to the same extent that such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above-stated purpose, each Party indemnifies and hold harmless the other Party of any loss, cost, or expense that may be imposed upon such other Party solely by virtue of said Section 895.2. The parties agree to indemnify, defend, and hold harmless each other against any and all liability, expense and claims arising from their respective negligent or wrongful acts and omissions. The provisions of the Section shall survive the termination of this Agreement.

10.Termination:
a. If DISTRICT determines, in its sole discretion, that CONSULTANT’S services have been or become unsatisfactory, DISTRICT may terminate this Agreement and the CONSULTANT’S services hereunder. Further, DISTRICT may suspend the performance of the work under this Agreement for a hxed or indehnite period. b. As an alternative to a unilateral termination under subsection (a) thereof, the DISTRICT may issue to CONSULTANT a written notice of any deficiency or delay in the performances or the services hereunder. In that event, CONSULTANT shall cure any such dehciency within the period specified in said notice. If CONSULTANT fails to cure the deficiency within the specihed period, DISTRICT may terminate this Agreement. c. If the CONSULTANT terminates this Agreement for unsatisfactory performance, the DISTRICT shall only pay CONSULTANT for those services satisfactorily rendered through 3 59
CllS-2324-1 1 O
the termination date as determined by the DISTRICT, in its sole discretion. If the DISTRICT suspends the performance of CONSULTANT services under this Agreement, the DISTRICT shali only pay CONSULTANT for those services satisfactoriiy rendered through the suspension date by the CONSULTANT as determined by the DISTRICT, in its sole discretion.
d. Either party may terminate this Agreement by providing thirty (30) days written notice to the other party.

11. Counterparts:

This agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

12. Severability:

In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portion of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprived either party ofthe basic beneht of their bargain or renders this Agreement meaningless.

13. Notice:

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, hrst—class mail, in the case of the DISTRICT, to the Purchasing Director, Chino Valley Unihed School District , 5130 Riverside Drive, Chino, CA 91710 and in the case of the CONSULTANT to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated by the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
[SIGNATURES ON THE FOLLOWING PAGE]
60 CllS-2334-110
In WITNESS WHEREOF, the parties have executed this Agreement in Chino, California on the day and year as follows:

Chino Valley Unihed School District
Ximw
City of Chino
13220 Central Ave.

Chino, CA 91 710
Ph: 909-334-3487
Email: [email protected]
Kathy Casino Purchasing Director
Date: JQZ? / /7/ 4M3
Attest:

By:

Natalie Gonzaga, City Clerk
Date:

Authorized Si nature Silvia Avalos, irector of Community Services, Parks & Recreation
Print Name / Title
Date
Approved as to Form:

ALESHIRE & WYNDER, LLP
Authorized Signature
Dr. Linda Reich, City Manager
Print Name / Title
cannot co n
reium this coniracl before prmitling serV’iccS may result in noiiapayneni for said services.

C1 T31) and school sire ASBQRS‘B’S parliieliz’ terms are NET 30:

By:

Fred Galante, City Attorney
Date: Date
Board Approved: 6/15/2023
NOTICE
Purchase orders are required for all purchases’serVices. CV’USD desires to pay all invoices promptly, honeven services cannot be rendered d invoices 61 PO#
Agreement for Contractor/Consultant Services
Scope of Work for City of Chino
The City of Chino will:

Page 1 ends

District-City Standardized Scope of Work revised 6-6-2023 Program Name/ Department ELOP/ASES—After School Program/Health Services Timeline July 1, 2023, thru June 30, 2024
Contracting Service(s) Grant Funded After School Programs Total Project Amount $ 1,276,209.00

1. The City of Chino will provide a Community Services Coordinator (Coordinator) who will be responsible for daily onsite supervision of subcontracted staff. The Coordinator will use a systematic process for training and supervising Community Services staff assigned as Counselor ll, Specialist, and Leaders to the After School Programs. The Coordinator will collaborate with the District ASES Grant Manager (ASM) to provide monthly training, for Community Services Specialists and Leaders as well as monthly planning meetings with Specialists. Training will be developed to train staffto use intrinsic qualities; orient staffto After School Program goals and grant assurances; assimilate staff to working within the school environment and prepare staff for the potential challenges that may be encountered Participate in the design and review of program surveys for the staff, students, and parents. Assist in the distribution of the results and development of program improvement plans as needed.

2. The City of Chino will recruit and employ Community Services Specialists to provide services to students at After School sites. Community Services Specialists will work under the direct supervision of the Coordinator, See attachment for specmc roles and responsibilities.

Community Services Specialists must fulfill health and fingerprint clearance requirements, pass the District instructional Aide Test, obtain CPR certification, and obtain an Activity Supervisor Clearance Certificate within the frst six months of employment.

The Community Service Specialists will complete the Chino Valley Unmed School District (CVUSD) Medication Administration annual training led by a Credentialed School Nurse to include clearance to receive, administer, and log medication. The Specialists will be required to receive and store medication in a locked cabinet/container. The Specialist will follow up with CVUSD Nurses upon the receival of any medication to confirm the proper documentation is present prior to administering any medication. A CVUSD Nurse will meet with Specialists to go over individualized care plans. The care plans will include any necessary medication and will be in place before the student begins the program. The Specialists will assist with portioning out the proper dosage of medication and logging out the date and time it was administered in the designated log. Administration can include assistance with medication tablets, capsules, inhalers, Epi Pens, ointments, and eye/ear drops as needed. 3,
The Community Services Specialist will be responsible for the planning and programming of the After School program to ensure the inclusion of an educational and literacy component designed to provide tutoring and/or homework assistance in the following core content subject areas: language arts, mathematics, history, science, and computer training. After School will include an educational enrichment component such as hne arts, recreation, physical ftness, and prevention activities organized by the Specialist. Specialists will implement “hands on” interactive student activities, plan monthly activity calendars, and lesson plans. After School 62 PO#

Page 2 of 4 ends

District-City Standardized Scope of Work re vised 6—6—2023 activities will focus on “disguised" learning in exciting, hands-on experiences. After School components may include, but not be limited to the following:
> Nutrition and health enrichment activities that include hands-on food preparation and nutrition lessons, > Computer lab time to strengthen computer skills. > SPARK recreation activities > Arts and Crafts to develop motor skills and creativity, > A daily reading component. > Academic games such as spelling bees, jeopardy, and quizzes. > Participation in planting and caring for a garden, if available, at the After School site. > Positive reinforcement techniques to strengthen character development. 3-
The City of Chino will recruit and employ Community Services Leaders to provide services to students at After School sites. Community Services Leaders will work under the direct supervision of the Community Services Specialists and the Coordinator. See attachment for specific roles and responsibilities. Community Services Leaders must fulfill health and fingerprint clearance reqUIrements, attend the CVUSD Nurse training, pass the District instructional Aide Test, obtain CPR certmcation, and obtain an Activity Supervisor Clearance Certificate before working in After School programs.

4. Responsibilities of All ASES Community Services Staff All staff members will be responsible for the following:

1. Maintain a minimum availability of four of five program days, regularly. . Sign in at the school each day when they arrive.

3. Maintain daily notes to track successes and progress ofthe program, and students, and provide attendance reports. include ASM, Coordinator, and/or Community Services Counselor ll in all communications related to serious behavior problems. A behavior plan meeting will be held before expulsion based on behavior, to include parents, City Specialist, ASM, Coordinator, Principal, and/or Community Services Counselor ll, 4. For attendance, ensure that the early release policy is followed by ensuring that any sign—out before 6:00 p.m. is indicated with an early release reason,

5. Maintain a clean, orderly, and welcoming After School environment each day.

6. Collaborate with other After School Community Services Specialists to develop monthly calendars and daily lesson plans. Community Services Specialists will assist Leaders to develop daily lesson plans of activities.

7. Participate in state and district evaluation process on biannual basis.

8. Attend local, regional, and/or state trainings and conferences for professional development as scheduled.

9. Participate in program planning through a collaborative process with parents, youth, and representatives of school sites, government agencies, local law enforcement and community organizations, Plan a site event for “Lights On After School” in October and an event for the end ofthe year parent involvement night.

10. Provide supplies and a nutrition lesson each week on early release day at each site.

Staff will be responsible for developing the lesson plan and leading students in hands on nutrition learning.

5. The City of Chino will recruit and employ a Community Services Counselor ll to provide onsite consultation and resource support on student behavior to After School program staffs. See attachment for specinc roles and responsibilities. Community Services Counselor ll will assist with an observation of student behavior, attend parent meetings on behavior issues, participate in the development of behavior action plans, and will provide guidance to After 63 PO#
Projected Numbers:

Approximately 600 children will receive After School after school homework assistance and enrichment services from City of Chino Community Services staff in 2023-2024, Additional Notes:

The City of Chino will commence contract services to After School Program beginning July 1, 2023 and ending June 30, 2024. After School will operate on any school day that students attend, and instruction takes place, After School will begin immediately upon the end of the regular school day and will operate until 6:00 p.m. A daily student-to—staff ratio of no more than 20:1 and 10:1 for TK and Kindergarten participants will be provided at all times. The student—to—staff ratio will be monitored and adjusted in collaboration with the Coordinator and CVUSD ASM.

Staff, training, onsite behavioral consultation by Counselor ii, and onsite Coordinator supervision for After School programs will be provided at Cortez, Anna Borba, Dickson, Marshall, Walnut, and RAAP at Ramona Jr: High.

Community Services Coordinator rate not to exceed $40.24/hr.

Community Services Specialist rate not to exceed $30.26/hr.

Community Services Leader rate not to exceed $23.97/hr.

Community Services Counselor ll rate not to exceed $36.58/hr.

Community Services Counselor ill rate not to exceed $78.84/hr.

Budget: Salaries/Personnel — July 2023 to June 2024

Page 3 of 4 ends

District-City Standardized Scope of Work revised 6-6-2023 School staff for managing ongoing student behavior, including staff trainingi Community Services Counselor ll will collaborate with CVUSD Behavioral Health Center staff for signihcant behavioral health concerns.

6. The City of Chino will recruit and employ a Community Services Counselor Ill to provide clinical supervision as a resource support for the Community Services Counselor ll. 7-
The City of Chino will provide staff for Transitional Kindergarten (TK) through Junior High from conclusion of school until 6:00 p:m. at the following sites: Anna Borba, Cortez, Dickson, Marshall, Walnut, and Ramona Junior High.

8. CVUSD will provide a minimum of three (3) classrooms or appropriate equivalent space for programming. CVUSD will provide nutritional services'lunch'and snacks to_all participants during their time in the program year—round. CVUSD Will prowde daily custodial serVices and emergency custodial assistance if required,
64 PO#

Page 4 of 4 ends

District-City Standardized Scope of Work revised 6—6-2023 Position Title Description of Services to be provided Rate Not To Exceed
Total Cost Not to
Exceed
Coordinator Working with all ELOP/ASES programs and staff. $ 40,24 $ 80,862.21 Fun-Time
Specialist
Oversee daily programs at Anna Borba, Cortez, Dickson,
Marshall, and Walnut. Hours include site, prep, and
training time for the entire year. $ 30.26 $ 408,025.80 Part-Time
Specialist
Oversee daily programs at After School Sites and cover as need. Hours include site, prep, and training time for the entire year. $ 30.26 $163,850.15
Leader
Working daily operations at all After School Sites
program, keeping ratio at 20:1 and 10:1 for TK and
Kindergarten includes training hours for the entire year. $ 23.97 $589,1 12.54 Counsebr H
Consulting with staff & parents at program sites Re:
student behavior/needs. $ 36.58 $ 9,218.16
Counselor ill Oversee caseload of Counselor ll and provide support. $ 75.81 $ 2,838.24 Staffing Not to Exceed: $ 1,253,907.10
ltem(s) Description of Items Cost Not To Exceed
Supplies Instructional supplies for all 9 sites. $ 4,000.00 CeH Phones
Phone service at $45.99 per month x 1O months x 4 phones and $49.99 per month x 10 months x 2 phones. $ 2,839.40 Mileage Reimbursement, as necessaw. $ 900.00
Credentialing California Teacher Credentialing registration costs. $102.50 per employee x 25 new employees (estimate). $ 2,562.50
Field Trip RAAP educational field trip. $ 2,000.00
Training Outside training/contractors. $ 4,000.00
Uniform Staff uniform (shirts and/or jackets). $ 6,000.00 Services & Supplies Not to Exceed: $ 22,301 .90
Salaries/Personnel $ 1,253,907.10
Services and Supplies $ 22,301.90
Total Program Cost Not to Exceed $ 1,275,209.00
65 EXHIBIT 2 Gus-2324416
.§§icl‘&po CITY CONTRACT NO.:

APPROVED:

UNIFIED SCHOOL DISTRICT
5130 Rwerslde Dnve, Chmo, CA 91710
(909) 6284201
‘ Name of Department/Site
1 Submitting Contract: Health Services
Name of Contact Person: KATHY CASINO, DIRECTOR, PURCHASING

AGREEMENT FOR CONSULTANT SERVICES/MASTER CONTRACT
This Agreement is made between the CHINO VALLEY UNIFIED SCHOOL DISTRICT, ("DISTRICT") and City of Chino (“CONSULTANT”)
(RECITALS)
WHEREAS, CONSULTANT is especially skilled, trained, experienced, and competent to render the services and advice described in Section I hereof; and WHEREAS, DISTRICT requires the services described in Section 1 hereof and DISTRICT is unable to obtain them from existing personnel; and
NOW, THEREFORE, DISTRICT AND CONSULTANT mutually agree as follows:

1. Services to be Provided by CONSULTANT:
a. CONSULTANT will render the services to DISTRICT that are described as:

Nurturing Families classes and case management support for children and families. b. CONSULTANT will commence work under this Agreement on or about 7/1/2023 and will diligently prosecute the work thereafter. CONSULTANT will complete the work not later than 6/30/2024. Upon a showing of good and sufficient cause by CONSULTANT, DISTRICT may, in its sole discretion, grant such extension of time as it may deem advisable. However, DISTRICT shall not pay CONSULTANT any additional compensation if such an extension is granted, unless CONSULTANT performs additional services, the compensation for which shall be determined by the DISTRICT and CONSULTANT in writing.
c. CONSULTANT will perform said services in his or her own way and as an independent contractor in the pursuit of his or her independent calling and not as an employee of DISTRICT. He or she shall be under the control of the DISTRICT as to the result to be accomplished and not as to the means or manner by which such result is to be accomplished.
§g%
66 CHS-2324—1 16
CONSULTANT'S Representations:

CONSULTANT shall employ, as a minimum, generally accepted standards of practices employed by persons engaged in providing similar services in existence at the time of the performance of the obligations hereunder.
. Compensation to CONSULTANT:
a. Consultant will provide services for the amount of: $81,000.00 b. No additional compensation will be granted unless agreed to in writing by DISTRICT. c. Funding Source: First 5 SB
d. DISTRICT will not withhold Federal or State income tax deductions from payments made to CONSULTANT under this Agreement but will provide CONSULTANT with a statement of earnings at the conclusion of each calendar year.
e. For services rendered, the CONSULTANT must submit to the DISTRICT a detailed request for payment with an itemized invoice, describing services provide, with the signature of site principal or manager, noting work or service was completed. . Duration of Agreement:

The term of this Agreement shall commence on 7/1/2023 and terminate on 6/30/2024.

Subject to terms and conditions stated in #10.
. DISTRICT to Provide Information:

7. General Provisions:
a. CONSULTANT shaH comply with all Federal, State and local laws and ordinances applicable to such work. CONSULTANT shall provide workers' compensation insurance or self-insure for his or her services. Evidence of insurance (General Liability, Professional Liability, Auto and Workers’ Comp) shall be provided to DISTRICT upon execution of this Agreement.
b. If CONSULTANT is an individual, for services rendered, he or she must submit to the DISTRICT a completed IRS W9 form that must include CONSULTANT’S signature, social security number or tax identmcation number; and state whether or not CONSULTANT is a retired member of the State Teachers Retirement System of the State of California. c. This Agreement may be amended by the mutual written consent of the parties.

8. Assignment:

This Agreement may not be assigned without the written consent of the DISTRICT.

9. Indemnification:

In contemplation of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement as defined by Section 895 of said Code., each of the Parties hereto, pursuant to the authorization contained in Section 895.4 and 895.6 of said Code, will assume the full liability imposed upon it, or any of its officers, agents, or employees, by law for injury caused by a negligent or wrongful act of omission occurring in the performance of this Agreement to the same extent that such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above—stated purpose, each Party indemnmes and hold harmless the other Party of any loss, cost, or expense that may be imposed upon such other Party solely by virtue of said Section 895.2. The parties agree to indemnify, defend, and hold harmless each other against any and all liability, expense and claims arising from their respective negligent 0r wrongful acts and omissions. The provisions of the Section shall survive the termination of this Agreement.

10.Termination:
a. If DISTRICT determines, in its sole discretion, that CONSULTANT’S services have been or become unsatisfactory, DISTRICT may terminate this Agreement and the CONSULTANT’S services hereunder. Further, DISTRICT may suspend the performance of the work under this Agreement for a fixed or indennite period. b. As an alternative to a unilateral termination under subsection (a) thereof, the DISTRICT may issue to CONSULTANT a written notice of any deficiency or delay in the performances or the services hereunder. In that event, CONSULTANT shall cure any such denciency within the period specified in said notice. If CONSULTANT fails to cure the deficiency within the specmed period, DISTRICT may terminate this Agreement. c. If the CONSULTANT terminates this Agreement for unsatisfactory performance, the DISI'RICT shall only pay CONSULTANT for those services satisfactorily rendered through 3 68
CHS-2324-1 16
the termination date as determined by the DISTRICT, in its sole discretion. If the DISTRICT suspends the performance of CONSULTANT services under this Agreement, the DISTRICT shaii only pay CONSULTANT for those services satisfactorily rendered through the suspension date by the CONSULTANT as determined by the DISTRICT”, in its sole discretion.
d. Either party may terminate this Agreement by providing thirty (30) days written notice to the other party.

11. Counterparts:

This agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

12. Severability:

In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portion of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprived either party of the basic beneht of their bargain or renders this Agreement meaningless.

13. Notice:

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, hrst-class mail, in the case of the DISTRICT, to the Purchasing Director, Chino Valley Unified School District , 5130 Riverside Drive, Chino, CA 91710 and in the case of the CONSULTANT to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated by the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
[SIGNATURES ON THE FOLLOWING PAGE]
69 CNS—23244 16
In WITNESS WHEREOF the parties have executed this Agreement in Chino, California on the day and year as follows; Chino Valley Unified School District City of Chino
13220 Central Ave.

Chino, CA 91710
/ t Ph: 909-334-3487 ’ Email: [email protected] i Kath Casino Purc asing Director
Date: o? i, 520513
Authorized Signature
Silvia Avalos, Director of Community
all invoices promptly, howerer. serVices cannot be rendered. and invoices cannot be paid until vendor signs and returns this contract, Failure to sign and return this contract before providing services may result in non-payment for said services
C l
'l 'SD mill school site A SB/USB 's payme'm terms are NE T 30‘ Services, Parks & Recreation Attest: Print Name / Title By:

Natalie Gonzaga, City Clerk Date
Date:

Authorized Signature
Approved as to Form:

ALESHIRE & WYNDER, LLP
Drt Linda Reich, City Manager
Print Name / Title
By:

Fred Galante, City Attorney
Date: Date
Board Approved: 8/17/2023
NOTICE
Purchase orders are required for all purchases services. C'VUSD desires to pay 70 Agreement for Contractor/Consultant Services
Scope of Work for City of Chino
The City of Chino will:

Projected Numbers:

1. Parenting sessions and case management services to be provided for 65 Child enrichment services to be provided for 50-70 children throughout the program year.
parents/caregivers/families throughout the year.

2. Additional notes:

Funding for the Nurturing Family TYKES contract is based on reimbursement from First 5 San Bernardino; as such, the City of Chino will submit monthly invoices to CVUSD no later than the 10th of each subsequent month.

CVUSD will only reimburse for hours worked specihcally toward the Chino Valley TYKES Parenting Program’s Scope of Work.

Page 1 of 2 ends

District-City Standardized Scope of Work 2023/24
Program Name/ Department TYKES Nurturing Families/Health Servicea Timeline July 1, 2023 — June 30, 2024 Contracting Service(s) Parenting Education/Case Management Total Project Amount $ 81,000 Scope of Work is subject to change as conditions and budget require. Changes wiii be made and submitted for approval.

1. Provide two part-time fluent bilingual (Spanish-speaking) Case Managers I and II to conduct Nurturing Families Program (NFP) sessions remotely or at the HOPE Family Resource Center (hub), school-based resource centers, and City facilities. Additionally, two-three leaders will be hired to provide childcare for parents attending site-based 16-week course. A Community Services Coordinator will provide oversight to City staff.

2. Support the program’s goals to successfully serve 65 unduplicated clients through parent education and case management throughout the program year 2023/24 in alignment with First 5 San Bernardino’s Strategic Goals and Outcomes.

3. Plan and conduct outreach to support families with children 0-5 within the Chino Valley. Staff will submit quarterly, and annual reports as required.

4. Ensure Parent Facilitators (Case Managers) attend county and program training as needed/required. Childcare staff will work under the supervision of the Child Development Specialist/Instructional Aide.

5. Ensure Supervisor meets with District program staff on a quarterly basis

6. Ensure staff is trained, certihed in NFP curriculum, and up to date regarding available community-based resources, including but not limited to food certificates/food bank, emergency supplies, and clothing banks, rental assistance, domestic violence support, childcare resources, and other related support servuces. 71 Unspent Case Management funds can be used toward Services & Supplies.

Unspent Services & Supplies funds can be moved to Case Manager line item.

Budget: Salary/Perscnnel
Budget Salaries
Budget Services/Supplies
Project Total

Page 2 of 2 ends

Distn‘ct—Ciry Standardized Scope of Work 2023/24
$ 80,000
$ 1,000
$ 81,000
(Title Description of Services to be rate hrs # of # of Total Provided not to per wks staff
exceed wk
1 Case Will facilitate parenting classes and
Manager provide case management to
II program families; will oversee data $36.58 30— 45— 1-2 $66,000 collection/reporting; assess needs of 38 50 families and children, assist in
locating/obtaining resources,
provide follow—up, monitor, &
evaluate progress. 2 Case Will facilitate parenting classes and Manager provide case management to $32.79 15- 32- 1 $10,000 I program families; assess needs of 20 34 families and children, assist in
locating/obtaining resources,
provide follow-up, monitor, &
evaluate progress.
3 Leader(s) Will assist child development teacher
and/or and aide with childcare/enrichment $23.97- 3-8 16 1—4 $4,000 Specialist at various school/service sites. $30.26 Standard benefits (22%) included l $ 80,000 1 Operating Equipment Program supplies, snacks, light meals, and books, for parenting and child
enrichment classes
l $1,000
2 Mileage Site visits, training, home visits, etc. $0
3 Printing/Binding City-issued business cards $0
4 Training/Meetings Children’s Network, Strategies, and other appropriate training $0
$1,000
72 EXHIBIT 3 CNS-2324414
CITY CONTRACT NO.:

APPROVED:

UNLFIED SCHOOL DISTRICT
5130 Rlverslde Drive, Chmo, CA 91710
(909) 628-1201
I Name of Department/Site I Submitting Contract: Health Services Name of Contact Person: KATHY CASINO, DIRECTOR, PURCHASING

1. Services to be Provided by CONSULTANT:
a. CONSULTANT will render the services to DISTRICT that are described as:

Homeless Innovative Program (HIP) outreach and dissemination of the HIP toolkit, team travel for conferences and training. b. CONSULTANT will commence work under this Agreement on or about 7/1/2023 and will diligently prosecute the work thereafter. CONSULTANT will complete the work not later than 6/30/2024. Upon a showing of good and sufficient cause by CONSULTANT, DISTRICT may, in its sole discretion, grant such extension of time as it may deem advisable. However, DISTRICT shall not pay CONSULTANT any additional compensation if such an extension is granted, unless CONSULTANT performs additional services, the compensation for which shall be determined by the DISTRICT and CONSULTANT in writing.
c. CONSULTANT will perform said services in his or her own way and as an independent contractor in the pursuit of his or her independent calling and not as an employee of DISTRICT. He or she shall be under the control of the DISTRICT as to the result to be accomplished and not as to the means or manner by which such result is to be accomplished.
73 CHS—2324—114
CONSULTANT’S Representations:

Funding Source: CDE Grant
d. DISTRICT will not withhold Federal or State income tax deductions from payments made to CONSULTANT under this Agreement but will provide CONSULTANT with a statement of earnings at the conclusion of each calendar year.
. For services rendered, the CONSULTANT must submit to the DISTRICI' a detailed request for payment with an itemized invoice, describing services provide, with the signature of site principal or manager, noting work or service was completed. . Duration of Agreement:

The term of this Agreement shall commence on 7/1/2023 and terminate on 6/30/2024.

Subject to terms and conditions stated in #10.
. DISTRICT to Provide Information:

7. General Provisions:
a. CONSULTANT shall comply with all Federal, State and local laws and ordinances applicable to such work. CONSULTANT shall provide workers‘ compensation insurance or self-insure for his or her services. Evidence of insurance (General Liability, Professional Liability, Auto and Workers’ Comp) shall be provided to DISTRICT upon execution of this Agreement.
b. If CONSULTANT is an individual, for services rendered, he or she must submit to the DISTRICT a completed IRS W9 form that must include CONSULTANT’S signature, social security number or tax identihcation number; and state whether or not CONSULTANT is a retired member of the State Teachers Retirement System of the State of California. c. This Agreement may be amended by the mutual written consent of the parties.

8. Assignment:

This Agreement may not be assigned without the written consent of the DISTRICT.

9. Indemnification:

In contemplation of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement as dehned by Section 895 of said Code., each of the Parties hereto, pursuant to the authorization contained in Section 895.4 and 895.6 of said Code, will assume the full liability imposed upon it, or any of its ofhcers, agents, or employees, by law for injury caused by a negligent or wrongful act of omission occurring in the performance of this Agreement to the same extent that such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above-stated purpose, each Party indemnihes and hold harmless the other Party of any loss, cost, or expense that may be imposed upon such other Party solely by virtue of said Section 895.2. The parties agree to indemnify, defend, and hold harmless each other against any and all liability, expense and claims arising from their respective negligent or wrongful acts and omissions. The provisions of the Section shall survive the termination of this Agreement.

10.Termination:
a. If DISTRICT determines, in its sole discretion, that CONSULTANT’S services have been or become unsatisfactory, DISTRICT may terminate this Agreement and the CONSULTANT’S services hereunder. Further, DISTRICT may suspend the performance of the work under this Agreement for a hxed or indefinite period. b. As an alternative to a unilateral termination under subsection (a) thereof, the DISTRICT may issue to CONSULTANT a written notice of any deficiency or delay in the performances or the services hereunder. In that event, CONSULTANT shall cure any such deficiency within the period specified in said notice. If CONSULTANT fails to cure the dehciency within the specified period, DISTRICT may terminate this Agreement. c. If the CONSULTANT terminates this Agreement for unsatisfactory performance, the DISTRICT shall only pay CONSULTANT for those services satisfactorily rendered through 3 75
CNS-23244 14
the termination date as determined by the DISTRICT, in its sole discretion. If the DISTRICT suspends the performance of CONSULTANT services under this Agreement, the DISTRICT shall only pay CONSULTANT for those services satisfactorily rendered through the suspension date by the CONSULTANT as determined by the DISTRICT, in its sole discretion.
d. Either party may terminate this Agreement by providing thirty (30) days written notice to the other party.

11. Counterparts:

This agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

12. Severability:

In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portion of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprived either party of the basic beneht of their bargain or renders this Agreement meaningless.

13. Notice:

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, hrst—class mail, in the case of the DISTRICT, to the Purchasing Director, Chino Valley Unified School District , 5130 Riverside Drive, Chino, CA 91710 and in the case of the CONSULTANT to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated by the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
[SIGNATURES ON THE FOLLOWING PAGE]
76 CHS-2324—1 14
In WITNESS WHEREOF, the parties have executed this Agreement in Chino, California on the day and year as follows:

Chino Valley Unified School District
%WW
Kathy Casino Purchasing Director
Date: o? I, 6? 0°23
Attest:

By:

Natalie Gonzaga, City Clerk
Date:

City of Chino
13220 Central Ave
Chino, CA 91710
Ph: 909—334-3487
Email: [email protected]
Authorized Signature
Silvia Avalos, Director of Community
Services, Parks & Recreation
Print Name / Title
Approved as to Form:

ALESHIRE & WYNDER, LLP
By:

Fred Galante, City Attorney
Date:

Date
Authorized Signature
Dr. Linda Reich, City Manager
Print Name / Title
Board Approved: 8/17/2023
Date
NOTICE
Purchase orders are required for all purchases»services, CV'USD desires 10 pay all imoices promptly however: services cannot be rendered, and imoices cannot be paid until xendor signs and returns this contracL Failure to sign and retum this contract before providing services may result in non-payment for said seryices.

C [1’30 11ml s‘clzaol site i-ISB/USB ’s [Jayme/it terms m‘e NET 3/}. 77 Agreement for Contractor/Consultant Services
Scope of Work for City of Chino
The City of Chino will:

1. Provide Outreach Specialist or Leader t0 attend City & community events. Collect

2. and update existing community resources in support of the HIP Toolkit. l Community Services Coordinator will provide oversight to City staff.

Projected Numbers:

Participate in 25 to 40 community and/or school events to promote HIP; will provide a calendar of events to district staff each quarter.

Additional notes:

Unspent Case Management funds can be used toward Services & Supplies.

Unspent Services & Supplies funds can be moved to Case Manager line item.

Budget: Salary/Personnel
Provide opportunities for outreach and the promotion of the HIP Toolkit among other LEAs, iocal municipalities, community famiiies, and partners.

Services & Supplies

Page 1 of 1 ends

District-City Standardized Scope of Work 2023/24
Program Name/ Department HIP or Homeless Innovative Program Timeline July 1, 2023 — June 30, 2024
Contracting Service(s) Outreach, Operational Expenses & Training LTotal Project Amount $ 25,000
Scope of Work is subject to change as conditions and budget require. Changes will be made and submitted for approval. ‘ Title Description of Services to be Rate not to hrs # of # of Provided exceed per wks staff Total
wk
1 Specialist Community Outreach
or Leader Standard benefits (22%) $30.26 10 4O 1-2 $13,000 included 1 Operating Equipment Program supplies, snacks, light meals, $1,000 and books, for parenting and child enrichment classes
2 Training/Meetings Travel to NAEHCY and state
conferences as part of the HIP team $11,000
l $12,000
Budget Salaries $ 13,000
Budget Services/Supplies s 12,000
Project Total $ 25,000
78 City of Chino FY 2023-24
Vendor Fee Schedule
EXHIBIT "B"
Title
2023-24 NTE
Hourly Rate
Community Services Supervisor $52.00
Community $ervices Coordinator $40.24
Counselor ll $36.58
Counselor lll $78.84
Case Manager l $32.79
Case Manager Il $36.58
Community Services Leader $23.97
Community Services Specialist $30.26
79 MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT
CITY COUNCIL MEETING DATE: OCTOBER 3, 2023
TO: LINDA REICH, CITY MANAGER
FROM: WARREN MORELION, AICP, DEVELOPMENT SERVICES DIRECTOR

SUBJECT
Approval of The Preserve Sewer Main Improvements Annual Reconciliation of Sewer Credits Fiscal Year 2022-23 (Chino Preserve Development Corporation). ..titl e
..end

RECOMMENDATION
1) Authorize Sewer Development Impact Fee (“DIF”) credits in the amount of $364,282 issued to Chino Preserve Development Corporation (“CPDC”) for properties in The Preserve south of Pine Avenue; 2) apply the Sewer DIF credits to the balance owed to CPDC per the terms of the Construction Credit/Reimbursement Agreement for various Sewer Main Improvements in The Preserve, bringing forward the remaining balance owed to CPDC in the amount of $12,802,615; and 3) authorize the City Manager to execute all necessary documents on behalf of the City. ..body

FISCAL IMPACT
There is no direct fiscal impact. Staff will continue to monitor the fund balance in The Preserve Sewer Development Impact Fee program and will make progress payments to the developer (when funds are available) until the terms of the agreement are fulfilled. Each progress payment requires an appropriation of funds and, therefore, each payment will be brought back to the City Council for approval.

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:
 Financial Stability
 Responsible Long-Range Planning
Revenue: Click or tap here to enter text. Expenditure:

Transfer In: Transfer Out: Click or tap here to enter text. 80 CITY COUNCIL MEETING DATE: OCTOBER 3, 2023
TITLE: THE PRESERVE SEWER MAIN IMPROVEMENTS ANNUAL RECONCILIATION OF SEWER CREDITS FISCAL YEAR 2022-23 (CHINO PRESERVE DEVELOPMENT CORPORATION).

PAGE: 2

BACKGROUND
In 2004, the City of Chino entered into a Development Agreement (“DA”) with three entities of the Lewis Management Corporation known as Chino Development Corporation, Chino Preserve Development Corporation, and Chino Holding Company, LLC (collectively referred to as “Lewis”). The DA was entered into to help guide the orderly development of The Preserve, which was envisioned as a master-planned residential and commercial community.

Additionally, the DA sets the terms and conditions of development on property owned by Lewis and established the rights and obligations of the developer and the City during development.

The Preserve DA, as amended, in conjunction with the conditions of approval for Tracts 16419, 16419-1, 16420, 16420-1, 16797, 17057, 17571, 17572, and 19994, required Lewis to design and construct various sewer improvements as a condition to development of The Preserve, as depicted on Exhibit A.

Lewis completed all work required in connection with the design and construction of the sewer main improvements according to the specifications of the City and under the inspection and to the satisfaction of the City Engineer. The sewer main improvements south of Pine Avenue were formally accepted by the City Council on May 17, 2022.

The sewer main improvements are master-planned and are included in the City’s Preserve Sewer Development Impact Fee (“DIF”) program. The DIF Ordinance provides that if, as a condition of approval of a development project, a developer constructs a public facility identified in the DIF Nexus and Calculation Report, for which a DIF is imposed, the developer shall be eligible to receive reimbursement and a fee credit toward the DIF imposed on the development project for the same type of public facility so constructed and shall be entitled to credit for eligible costs of constructing the public facilities.

On September 20, 2022, the City Council approved a Credit/Reimbursement Agreement (“Agreement”) between the City and Lewis for the sewer main improvements, attached as Exhibit B, titled Original Credit and Reimbursement Agreement No. 2023-1330.

ISSUES/ANALYSIS
Pursuant to the terms of the Agreement, Lewis will receive sewer development impact fee credit and/or be reimbursed for the actual validated costs. The City Engineer reviewed the final accepted/approved "as-built" plans, specifications and supporting documentation and determined that a total of $13,166,897 is eligible for DIF credit and/or reimbursement.

Per the terms of the Agreement, the City is required to reconcile the sewer DIF credits issued to Lewis for its residential and commercial developments and monitor the sewer DIFs collected from developers in The Preserve on an annual basis, which is outlined in Exhibit C, titled Payment and Reconciliation Summary. Lewis received sewer DIF credit in the amount of $364,282 for Fiscal Year 2022-23 for development projects south of Pine Avenue.

It should be noted, the Agreement adheres to the first-in/first-out provision of the DIF Ordinance (i.e., Section 3.45.130.A7). Reimbursement to Lewis for the sewer main improvements shall have priority and be first in line over all other sewer facilities and improvements, excepting the prior Lewis agreement for the Sewer Lift Station project. As stated above, the credits issued for Fiscal Year 2022-23 are for developments south of Pine Avenue. The sewer main improvements under the current Agreement serve these developments; therefore, Lewis 81 CITY COUNCIL MEETING DATE: OCTOBER 3, 2023
TITLE: THE PRESERVE SEWER MAIN IMPROVEMENTS ANNUAL RECONCILIATION OF SEWER CREDITS FISCAL YEAR 2022-23 (CHINO PRESERVE DEVELOPMENT CORPORATION).

PAGE: 3
requested that the City apply the sewer credits for Fiscal Year 2022-23 to the sewer main improvements Agreement versus the prior agreement for the Sewer Lift Station project.

As a result, staff deducted the sewer DIF credits issued to Lewis from the validated costs, bringing forward a new balance owed in the future to the developer in the amount of $12,802,615, which is summarized below.

Validated Costs $ 13,166,897
Fiscal Year 2022-23 Credits $ (364,282)
Balance Forward $ 12,802,615
It should be further noted, there is no cash reimbursement owed to Lewis currently due to the limited available fund balance in The Preserve Sewer DIF Fund in The Preserve.

Construction of master-planned sewer improvements are part of the City’s long range planning efforts to ensure the orderly development of The Preserve Specific Plan area. In addition, the City’s goal of sustaining financial stability and integrity in the implementation of the DIF program would be achieved through the continued efforts to fulfill the terms of the Agreement.

Therefore, it is Staff’s recommendation to the City Council to authorize the credits issued to the Developer in The Preserve in the amount of $364,282 bringing forward a new balance owed to the developer in the amount of $12,802,615.

Attachments: Exhibit A – Sewer Main Improvements Locations Exhibit B – Original Credit and Reimbursement Agreement No. 2023-133 Exhibit C – Payment and Credit Reconciliation Summary
82 83
84 85
86 87
88 89
90 91
92 93
94 95
96 97
98 99
Validated Costs $ 13,166,897.00
(FY 2023) No Cash Payment $ -
(FY 2023) Audited Credits - 93 Units $ (364,282.00)
Balance Forward Subtotal $ 12,802,615.00
Exhibit C
Credit/Reimbursement Reconciliation
100
Project Builder Tract Total Units Total BPs Issued Sewer Collection Facilities Credits
Affordable Apartments Western National 17571 250 250 $ (162,750.00) Agave Centex 17515 104 104 $ (73,632.00)
Amelia (stark) Cal Atlantic 17574 110 110 $ (93,280.00) Ariatta KB 17612 42 42 $ (36,708.00)
Candlewood Pardee 17266 64 64 $ (58,854.00)
Cantata KB 17611 21 21 $ (18,354.00)
Canterburry Grove I Centex 16522 48 48 $ (39,955.00)
Canterburry Grove II Centex 17610 48 48 $ (42,612.00)
Citrus Commons Centex 17514 118 118 $ (70,682.00)
Laurel Lane William Lyon 18890 70 70 $ (68,880.00)
Enchanted Forest Shea 17150 55 55 $ (47,996.00)
Evergreen KB 17357 58 58 $ (42,964.00)
Garden Glen I Lennar 16520 51 51 $ (41,463.00)
Garden Glen II Lennar 17613 51 51 $ (45,084.00)
Olive Grove Lennar 19946 30 30 $ (25,440.00)
Pineberry Richmond American 18479 68 68 $ (94,611.00)
Pineberry Richmond American 19953 10 10 $ (14,460.00)
Harvest Lot 11 - Vineyard Richmond American 19935 73 73 $ (102,372.00) Harvest Lot 2 - Heirloom Richmond American 19947 42 42 $ (35,616.00) Harvest Lot 3 - Olive Grove Lennar 19948 27 27 $ (22,896.00) Harvest Lot 4 - Sunrise Harvest Woodside Homes 19936 56 56 $ (55,104.00) Harvest Lot 5 - Autumn Field Lennar 19949 82 82 $ (69,536.00) Harvest Lot 6 - Heirloom Richmond American 19950 62 62 $ (61,008.00) Harvest Lot 8 - Olive Grove II Lennar 19952 57 57 $ (72,333.00) Harvest Lots 7 & 9 - Summerfield Lennar 19951 93 93 $ (118,017.00) Hidden Hollow Standard Pacific 17148 81 81 $ (74,131.00) Homecoming- Ph 1 LMC 16420-1 152 152 $ (70,680.00)
Homecoming- Ph 2 LMC 16420-1 189 189 $ (87,885.00)
Homecoming- Ph 3 LMC 16420-1 458 458 $ (232,206.00)
Homecoming- Ph 4 LMC 19980 454 454 $ (237,442.00)
Iris Shea 16523 61 61 $ (50,737.00)
Lot 11 - Morning Sun Lennar 20231 106 106 $ (116,918.00) Lot 11 - Verbena William Lyon 20232 70 70 $ (77,210.00) Lot 14/15 - Hazel TriPointe 20102 133 133 $ (138,194.00) Lot 14/15 - Ivy TriPointe 20102-1 134 134 $ (142,132.00) Lynbrook KB 18693 114 114 $ (95,970.00)
Mulberry - Casita Brookfield 17390 63 63 $ (46,340.00)
Mulberry - Cottage Brookfield 17390 63 63 $ (46,557.00) PA-2/8/9 Bungalow - Delia TriPointe 20171 123 123 $ (135,669.00) PA-3 Liberty - Gardenside Richmond American 20170 80 80 $ (115,680.00) PA-4 - Monarch Pulte 20172 76 76 $ (109,896.00)
PA-5 Liberty - Gardenside Richmond American 20270 36 36 $ (52,056.00) Palisades Woodside Homes 17635 79 79 $ (75,287.00)
Parklin PA2&3 Richmond American 20168 68 65 $ (93,990.00) Secret Garden John Laing 16519 84 84 $ (69,876.00)
Shady Lane Standard Pacific 17149 60 60 $ (53,927.00)
Sonata K. Hov. 18778 65 65 $ (61,945.00)
Ten Bloom Rd K. Hov. 16521 69 69 $ (57,417.00)
Tetherwind Shea 17616 162 162 $ (119,718.00)
Greenway at The Preserve Century Communities 20165 79 79 $ (114,234.00) Driftstone (Block 4) KB 20166 69 69 $ (99,774.00)
Voyage PA1 Lennar 20167 60 59 $ (85,314.00)
Zinnia Beazer 20173 149 5 $ (13,965.00)
Homecoming Ph 5 - T. Homes/Dup LOC 20236 184 184 $ (202,952.00) Block 4 (TBD) LOC 20248 56 44 $ (160,952.00)
Block 4 (TBD) LOC 20249 56 36 $ (131,688.00)
5323 5143 $ (4,685,349.00)
$ (2,211.44)
Commercial-New Bldg. Car Wash $ (4,502.08)
Commerical-7/11 & Gas $ (2,754.40)
Commercial-Jiffy Lube $ (3,573.68)
$ (67,857.00)
Subtotal Previous Years $ (80,898.60)
$ (46,109.00)
$ (127,007.60)
$ (4,812,356.60)
$ (3,885,058.16)
$ (927,298.44)
$ (563,016.44)
$ (364,282.00)
Total Residential
Total Commercial
Previous Credits Issued 4,673 Units & Commercial
*FY 2023 Total Credits Issued s/o Pine Avenue 93 Units & Commercial Sewer Collection Facilities- DIF Credits Used as of July 29, 2023 Recreation Center
Misc. Town Center
FY 2023 Stater Bros.

Total Credits Issued to Date
Sewer Credit Adjustment Previous Years 377 Units
FY 2023 Credit True-Up Amount
FY 2023 Credit Reconciliation Breakdown
101

MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT
CITY COUNCIL MEETING DATE: OCTOBER 3, 2023
TO: LINDA REICH, CITY MANAGER
FROM: WARREN MORELION, AICP, DIRECTOR OF DEVELOPMENT SERVICES

SUBJECT
..titl e
Accept the Annual Monitoring Report and approve issuance of the Certificate of Agreement Compliance for the Falloncrest Development Agreement.
..end

RECOMMENDATION
Authorize the City Manager, or their designee, to issue a Certificate of Agreement Compliance for the Falloncrest Development Agreement.
..body

FISCAL IMPACT
There is no fiscal impact.

Transfer In: Click or tap here to enter text. Transfer Out:
102
CITY COUNCIL MEETING DATE: OCTOBER 3, 2023
TITLE: FALLONCREST DEVELOPMENT AGREEMENT CERTIFICATE OF AGREEMENT COMPLIANCE.

PAGE: 2

BACKGROUND
On July 6, 2021, Loyola Properties and the Pietersma Family Trust, referred to as Falloncrest, (Developers) entered into a Developmental Agreement (DA) with the City. The DA was executed to vest certain land use entitlements so that the Developers could improve/develop the property generally located on Pine Avenue bounded by West and East Preserve Loop Roads. In total, the property in question is approximately 100 acres, and at the time of the DA’s approval, operated as a dairy.

At full buildout, the Falloncrest at the Preserve Master Plan will facilitate the development of up to 1,139 residential units and 155,194 square feet of commercial uses.

ISSUES/ANALYSIS
The DA has been in place for a little over two years, and pursuant to Article 12, the DA calls for an annual review of DA terms and conditions, along with the production of an Annual Monitoring Report (AMR). The AMR is intended to demonstrate the Developers’ compliance with specific DA terms. These conditions encourage the development’s progress to the City’s benefit. All applicable terms and conditions are identified in the AMR, which is attached as Exhibit B to this report.

In June 2023, the Developers submitted the AMR and requested a Certificate of Agreement Compliance (CAC) to affirm that they are progressing to meet all applicable DA obligations. The CAC memorializes and acknowledges the Developers’ continuous efforts from August 5, 2022 to August 5, 2023. Staff has reviewed the AMR in conjunction with the DA and believes a CAC can be issued to the Developers for the identified time period. Therefore, it is recommended that the City Council authorize the City Manager to issue the second CAC for the Falloncrest Development Agreement.

Attachment: Exhibit A: Certificate of Agreement Compliance Exhibit B: Annual Monitoring Report.
103
Certificate of Compliance 2022 1

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

CITY OF CHINO
PO BOX 667
CHINO, CA 91708-0667
ATTN: DEVELOPMENT SERVICES

DEPARTMENT
Fee Exempt – Government Code 6103 SPACE ABOVE THIS LINE FOR RECORDER’S USE

CERTIFICATE OF AGREEMENT COMPLIANCE

FALLONCREST DEVELOPMENT AGREEMENT/ANNUAL MONITORING REPORT 2022-2023
WHEREAS, the City of Chino (“City”) and Loyola Properties 1, L.P. a California Limited Partnership and Ronald C. Pietersma and Kristine B. Pietersma, Trustees of the Pietersma Family Trust (collectively, “Owner” of the property) entered into the FALLONCREST DEVELOPMENT AGREEMENT (the “Agreement”) on July 6, 2021, effective on August 5, 2021; as Contract No. 2022-141; and
WHEREAS, the City Council of the City of Chino approved the Agreement by adoption of Ordinance No. 2021-009 on July 6, 2021;
WHEREAS, the City Clerk of the City of Chino recorded a copy of the Agreement with the County Recorder of San Bernardino County as Document No. 2021-0440320, pursuant to Government Code Section 65868.5; and
WHEREAS, the Owner submitted a request in June 2023 for a Certificate of Agreement Compliance related to the Annual Monitoring Report for the years 2022-2023 pursuant to Article 12.4 of the Agreement; and
WHEREAS, at the October 3, 2023 City Council meeting, the City Manager submitted a report to the City Council containing City staff’s analysis of such annual monitoring report, setting forth the evidence of good faith compliance with the terms of the Agreement; and WHEREAS, at the October 3, 2023 City Council meeting, the City Council reviewed the annual monitoring report and authorized staff to execute a Certificate of Agreement Compliance for the Falloncrest Development Agreement covering the years 2022-2023 NOW THEREFORE, the City Council of the City of Chino hereby finds, determines, and declares as follows:
104
Certificate of Compliance 2022 2
SECTION 1.

A. The Owners are in good faith compliance with the Agreement; and B. The Owners have sold and closed several tracts to homebuilders (KB – TTM 19979/ TTM 20399 & TriPointe Homes (TPH) – TTM 20312-1) and copies of the Agreement were provided to homebuilders, and any related rights and obligations have been assigned.

C. The City recognizes that regarding Section 2.6.1 of the Agreement, sales of parcels to homebuilders is progressing according to the phasing plan, along with the development of the Public and Private parks as outlined in Section 2.8 of the Agreement.

D. Although the development of all phases has not yet occurred as mentioned in Section 2.4 of the Agreement, the City acknowledges that 10 more years remain for this obligation to be met.

E. That Phase 1 of the Water District Improvement Financing was paid by TPH on July 21, 2022 prior to the first anniversary of the effective date completing this obligation.

F. Based on the information known or made known to the City Council of the City of Chino after the most recent Annual Review, the Agreement remains in effect; and the Owner is not in default; and
G. The date of next the Annual Review is anticipated to be in September 2024.

SECTION 2.

A. Any Owner may record this Certificate with the County Recorder.

B. Whether or not this Certificate is relied upon by an Owner or an assignee of transferee of an Owner, the City shall not be bound by such a Certificate if a default existed at the time of the Annual Review but was concealed from or otherwise not known to the City Council of the City of Chino.

CITY OF CHINO
By:

Warren Morelion, AICP
Interim Director of Development Services
ATTEST:

By:

Natalie Gonzaga, City Clerk
105

FALLONCREST DEVELOPMENT AGREEMENT

ANNUAL MONITORING REPORT
JUNE 2023
In accordance with section 12.1 of the “Development Agreement by and between City of Chino and Loyola Properties 1, L.P. a California Limited Partnership and Ronald C. Pietersma and Kristine B.

Pietersma, Trustees of the Pietersma Family Trust, dated February 15, 1992” known as the “FallonCrest DA”, this document shall meet the compliance requirement and Owner requests a Certificate of Agreement Compliance in accordance with Section 12.4.

General Information:
• Recording Number: 2021-0440320
• Effective Date: August 5, 2021 (30 days after 2nd reading at City Council (July 7, 2021) • Term: 20th Anniversary of the effective Date = August 5, 2041 Current Status of Site & remaining Entitlements:
• Currently, and consistent with the DA update last year, Owner has sold and closed several tracts to homebuilders (KB – TTM 19979/TTM 20399 & TriPointe Homes (TPH) – TTM 20312-1). The majority of the site is vacant and the dairy operations are winding down, in anticipation of future sales of the TTM 20312-2 & -3 Tracts. Copies of the Development Agreement were provided to homebuilders and any related rights/obligations have been assigned. o KB has completed grading and its improvements to E. Preserve Loop, Bickmore and Pine are underway. The Tentative “B” map (TTM 20399) has been approved. o TPH also has an approved Tentative “B” Map (TTM 20446). o TTM 20312-2 is currently being marketed for sale/development. When a sale is completed and development of the -2 parcel begins, it will result in the closure of dairy operations.
o Owner obtained approval of the “FallonCrest” Design Guidelines from the City Planning Commission on October 17, 2022. These guidelines were distributed to KB and TPH, and are included in all marketing packages for future potential buyers.

Development Agreement Obligations:
• Section 2.4 – Development of all phases has not yet occurred, however, 10 more years still remain for this obligation to be met.
• Section 2.6.1 – Phasing Plan – Sales of parcels to homebuilders is progressing according to the phasing plan.
• Section 2.7 – Water Supply – Phase 1 “Water DIF” will be paid by TPH on or prior to the first anniversary of the effective date. This payment was made by TPH on July 21, 2022, completing this obligation.
• Section 2.8 – Public & Private Parks – TPH has included the 0.4 acre park within their approved B Map, and constructing approximately 7 acres of the 10.7 acre park in accordance with the Park 106
phasing plan. The balance of the 10.7 acre park shall be constructed with phase 3 (TTM 20312- 3) as required by the DA.
• Section 2.9 – SCE Easement Improvements – TPH will be constructing the portion of the SCE easement within their tract (TTM 20312-1) and will be seeking fee credit per this section.

Remaining sections will be constructed by phase per the phasing plan. • Section 2.10 – Affordable Housing – all builders should be paying affordable housing fees per section 2.10.3, while Owner plans and designs a potential location for the 82 affordable housing units within Phase 3 (TTM 20312-3). Owner is currently working with Jamboree Housing and has been coordinating with City staff the funding, design and location of the potential 82 units. • Section 2.11 – Pine Improvements – Owner has entered into a Pine Ave DIF Pre-Payment agreement and has paid to the City the approx. $1.8M owed and the $30k maintenance obligation. Owner has coordinated with staff to assign portions of the DIF credits for the approx. $1.8M DIF pre-payment to Homebuilders.
• Section 2.12 & 2.13 – Maintenance HOA’s – Each homebuilder will form their own HOA and enter the PMMC.
• Section 2.14 – CFD – Each homebuilder will form their own CFD and in some cases, may cooperate with each other.
• Section 3.4 – Right of Way and Improvements – Per the development agreement phasing plan, right of way will be dedicated and improvements will be constructed by each individual homebuilder.
o Section 3.4.3 – Traffic Fair Share Payment – All Traffic Fair Share payments (City of Chino and other Cities identified in the Traffic Study) have been made to the City of Chino. • Section 12.4 – Certificate of Agreement Compliance – Owner hereby requests from City a Certificate of Agreement Compliance, based on this document. 107

MEMORANDUM

CITY OF CHINO

HUMAN RESOURCES DEPARTMENT
CITY COUNCIL MEETING DATE: OCTOBER 3, 2023
TO: LINDA REICH, CITY MANAGER
FROM: GERIANN KINGSLAN, DIRECTOR OF HUMAN RESOURCES

SUBJECT
..titl e
Approve a contract amendment to extend contract terms and increase contract 2022-078 by $84,545, for a total contract amount of $161,930, for the Citywide study services by Koff & Associates, an Arthur J. Gallagher Company.
..end

RECOMMENDATION
Approve a (1) contract amendment for an extension of term for contract 2022-274 for services provided for the Public Works Department’s Utility System Operations; (2) contract amendment for an extension of term and an increase in the amount of $84,545 for a total contract amount of $161,930 for contract 2022-278 for services provided for the Citywide study; and (3) authorize the City Manager to execute all necessary documents on behalf of the City. ..end
..body

FISCAL IMPACT
Sufficient funds exist in the Fiscal Year 2023-24 Operating Budget.

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
 Public Service Excellence through Internal and External Partnerships Revenue: Click or tap here to enter text. Expenditure: 6405020-43650 Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 108
CITY COUNCIL MEETING DATE: OCTOBER 3, 2023
TITLE: CONTRACT AMENDMENT AND VENDOR CAP INCREASE - KOFF & ASSOCIATES, AN ARTHUR J. GALLAGHER COMPANY.

PAGE: 2

BACKGROUND
A Professional Services Agreement (Agreement No.2022-274) was originally created in order to complete a classification, compensation, and organizational assessment for the Public Works Department’s Utility System Operations. Thereafter, staff was directed to expand the scope of the project to encompass all positions Citywide.

A separate Professional Services Agreement (Agreement No. 2022-278) was executed in order to expand the scope of the project. Unfortunately, the agreement was written to include only 10 position classifications rather than the Citywide study City Council directed.

ISSUES/ANALYSIS
The Citywide contract was written to include a nominal fraction of the total job classifications in our organization (10 vs. 128). As a result, a contract amendment is needed in order to pay for the scope of work involved in a study of this magnitude that encompasses over 400 employees.

The process of conducting a Citywide Classification and Compensation Study is time intensive and is a multi-layered undertaking requiring completion of lengthy, detailed questionnaires, interviews, job analysis, review by supervisors, department directors and interactive discussions with Human Resources staff, union representatives and employees in an effort to form a consensus on language of job descriptions, job titles and job classifications fit for compensation comparison, and attention to the effect of time passing has on the validity of the data collected.

The consultant has provided compensation study results for all sworn classifications (7 total) on two occasions thus far, once in December, 2022 and again in August, 2023 in order to assist the City in meeting the obligations contained in the Amendment to the Memorandums of Understanding (MOU) with the employee associations to maintain the most current comprehensive benefit information for comparison purposes. Staff will request an update on study results again in August 2024 as a result of negotiated terms with sworn employee associations.

There are 29 job classifications included in the Public Works study. The consultant has completed, and the employees have had the opportunity to review the results obtained through the study. Staff is confident this portion of the study will be completed by the close of this calendar year.

The remainder of the job classifications (92 total) are in various stages of completion. All employees have completed a Position Description Questionnaire, and many interviews have been conducted using the funds on the existing Citywide contract. However, in order to complete the remainder of the interviews and prepare the results for various stages of review and input, an increase to the total number of job classifications is required.

Therefore, staff is requesting contract amendments be approved in order to extend the term of both contracts as well as increase the total contract amount by $84,545 to right-size the total number of job classifications studied in order to complete this important project as directed.

Attachment:

Contract Amendment No. 1 (Agreement No.2022-274) – Public Works Department’s Utility System Operation
Contract Amendment No. 1 (Agreement No.2022-278) – Citywide Study 109
CITY COUNCIL MEETING DATE: OCTOBER 3, 2023
TITLE: CONTRACT AMENDMENT AND VENDOR CAP INCREASE - KOFF & ASSOCIATES, AN ARTHUR J. GALLAGHER COMPANY.

PAGE: 3
110
01225.0001/863605.1
AMENDMENT NO. 1

TO AGREEMENT FOR SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR SERVICES (“Amendment”) by and between the CITY OF CHINO, a California municipal corporation (“City”) and KOFF & ASSOCIATES, a Division of Gallagher Benefit Services, Inc. (“Consultant”) is effective as of the 1st day of July 2023.

RECITALS
A. City and Consultant entered into that certain Agreement for Contractual Services dated February 1, 2022 (“Agreement”) whereby Consultant agreed to provide consulting services.

B. City and Consultant now desire to amend the Agreement to extend the Term.

TERMS

1. Contract Changes. The Agreement is amended as provided herein. (b) Section 3.4, Term, is hereby revised to extend the completion of the services to be no later than December 31, 2024.

2. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement.

3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.

Consultant represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

City represents and warrants to Consultant that, as of the date of this Amendment, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment. 111
01225.0001/863605.1

5. Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE]
112
01225.0001/863605.1
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first-above written.

CITY:

CITY OF CHINO, a municipal corporation
Linda Reich, City Manager
ATTEST:

Natalie Gonzaga, City Clerk
APPROVED AS TO CONTENT:
_____________________________
Geriann Kingslan Department Director
CONSULTANT:

KOFF & ASSOCIATES, a Division of Gallagher
Benefit Services, Inc.

By:

Name: Georg S. Krammer
Title: Managing Director
By:

Name: Catherine B. Kaneko
Title: Managing Director
Address: 2835 Seventh St
Berkeley, CA 94710
113
01225.0001/863605.1
AMENDMENT NO. 1

RECITALS
A. City and Consultant entered into that certain Agreement for Contractual Services dated March 16, 2022 (“Agreement”) whereby Consultant agreed to provide consulting services.

B. City and Consultant now desire to amend the Agreement to increase Contract Sum and extend the Term.

TERMS

1. Contract Changes. The Agreement is amended as provided herein. (a) Section 2.1 is amended to increase the contract amount by Eighty-Four Thousand Five Hundred Forty-Five Dollars ($84,545). Add Exhibit C-2 Additional Scope of Work and Fee Proposal.
(b) Section 3.4, Term, is hereby revised to extend the completion of the services to be no later than December 31, 2024.

City represents and warrants to Consultant that, as of the date of this Amendment, Consultant is not in default of any material term of the Agreement and that there have been no 114
01225.0001/863605.1
events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

5. Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE]
115
01225.0001/863605.1
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first-above written.

CITY:

CITY OF CHINO, a municipal corporation
Linda Reich, City Manager
ATTEST:

Natalie Gonzaga, City Clerk
APPROVED AS TO CONTENT:
_____________________________
Geriann Kingslan Department Director
CONSULTANT:

KOFF & ASSOCIATES, a Division of Gallagher
Benefit Services, Inc.

By:

Name: Georg S. Krammer
Title: Managing Director
By:

Name: Catherine B. Kaneko
Title: Managing Director
Address: 2835 Seventh St
Berkeley, CA 94710
116
September 18, 2023
Classification and Compensation
Study – Additional Scope of Work
City of Chino

KOFF & ASSOCIATES, A GALLAGHER COMPANY
GEORG S. KRAMMER
Managing Director, Compensation and Rewards Consulting
2835 Seventh Street
Berkeley, CA 94710
www.KoffAssociates.com
[email protected]
Tel: 510.658.5633
Fax: 510.652.5633
EXHIBIT C -2
117
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com September 18, 2023
Ms. Geriann Kingslan
Director of Human Resources
City of Chino
13220 Central Avenue
Chino, CA 91710
Dear Ms. Kingslan:

Thank you for the opportunity to respond to your Request for Proposals for additional Classification and Compensation Services for the City of Chino (“City”). Enclosed is K&A’s scope of work and additional cost to add additional Citywide positions to the classification and compensation study and to conduct an update of the entire compensation market survey (i.e., all previous benchmarks and comparators), base salaries only, no benefits.

Please call if you have any questions or wish additional information. We look forward to the opportunity provide professional services to the City of Chino.

Sincerely,
Georg S. Krammer
Managing Director, Compensation and Rewards Consulting
118
Classification and Compensation Study – Additional Scope of Work City of Chino
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com

TABLE OF CONTENTS
Fee Proposal 1
Signature Page
119
Classification and Compensation Study – Additional Scope of Work City of Chino
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 1 FEE PROPOSAL
For purposes of this cost proposal, we are assuming that all meetings and presentations will be conducted virtually/remotely and no onsite travel to City offices will occur. Should the City desire onsite meetings, we will be happy to provide our per diem cost for onsite meetings based on travel time and market rate travel cost at the time.

Deliverables
Phase 1: Classification Study
Approximately 51 Clasifications, 78 Employees Hours
A. Collection and Review of PDQs
Assumes up to 78 PDQs 30
B.

Interviews with Employees, Supervisors, and Management
Assumes approximately 78 interviews plus additional interviews with supervisors and managers, as appropriate
70 C. Classification Concept & Preliminary Allocation 40 D. Draft Class Description Development
Assumes up to 51 class descriptions will be developed 130 E. Facilitation of Draft Class Description Review and Employee Feedback Process 25 F. Classification Plan and Draft of Interim Report and Final Report 12 Anticipated hours for additional unscheduled meetings and phone calls 8 Total Professional Hours – Classification 315
Combined professional and clerical composite rate for all project team members: $185/Hour
$58,275
Deliver
ables PHASE II: Compensation Study Update Hours
A. List of Comparator Agencies, Benchmark Classifications (assuming the same 11 comparator agencies and )
1 B.

Data from Comparators and Preliminary Analysis of Data
Assumes 87 benchmarks; 12 comparators; base salaries only, no benefits; plus a separate survey for the Clinical Specialist using the Counties of Los Angeles, Orange, Riverside, San Bernardino, San Diego, Tri-City Mental Health Authority and ERI private sector data)
105
C. Draft Compensation Findings/Additional Analysis/Study Project Team Meetings 20
Anticipated hours for additional unscheduled meetings and phone calls 16 Total Professional Hours – Compensation 142
Combined professional and clerical composite rate for all project team members: $165/Hour
$26,270
Expenses are included in the composite hourly rate: N/A Expenses include but are not limited to duplicating documents, binding reports, phone, supplies, postage, parking, meals, etc.

TOTAL PROJECT COST NOT TO EXCEED: $84,545
*Additional consulting will be honored at composite rate ($185/hr) 120
Classification and Compensation Study – Additional Scope of Work City of Chino
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com Signature Page
Koff & Associates intends to adhere to all the provisions described above.

This proposal is valid for 120 days.

Respectfully submitted,
By: KOFF & ASSOCIATES
State of California

Georg S. Krammer September 18, 2023
Managing Director, Compensation and Rewards Consulting
121

MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT
CITY COUNCIL MEETING DATE: OCTOBER 3, 2023
TO: LINDA REICH, CITY MANAGER
FROM: WARREN MORELION, AICP, DIRECTOR OF DEVELOPMENT SERVICES

SUBJECT
..titl e
Conduct a public hearing, adopt Resolution No. 2023-056, approve the introduction of Ordinance No. 2023-019, adopt Resolution No. 2023-057, and adopt Resolution No. 2023-058 regarding the Philadelphia Street Industrial Development Project Appeal and East End Annexation.
..end

RECOMMENDATION
..recommendation
1) Conduct a public hearing; 2) adopt Resolution No. 2023-056, adopting a Mitigated Negative Declaration for the Annexation/Prezone (PL20-0003), Site Approval (PL20-0004) and Tentative Parcel Map No. 20174 (PL20-0005) for the Philadelphia Street Industrial Development Project and East End Annexation; 3) approve the introduction of Ordinance No. 2023-019, approving PL20-0003 (Prezone/Annexation), in conjunction with the proposed annexation of the East End Annexation area, to be read by number and title only, and waive further reading of the Ordinance; 4) adopt Resolution No. 2023-057, requesting that the Local Agency Formation Commission (LAFCO) initiate annexation proceedings for PL20-0003 (Prezone/Annexation); and 5) adopt Resolution No. 2023-058 denying the appeal of the Planning Commission’s action approving PL20-0004 (Site Approval) and PL20-0005 (Tentative Parcel Map No. 20174). ..body

FISCAL IMPACT
The annexation would result in an average annual net deficit to the City’s budget of approximately $2,200 per year as outlined in the East End Annexation Plan for Service and Fiscal Impact Analysis.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendations 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:
 Responsible Long-Range Planning
Revenue: Expenditure:

Transfer In: Transfer Out:
122
CITY COUNCIL MEETING DATE: OCTOBER 3, 2023
TITLE: PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT PROJECT APPEAL AND EAST END ANNEXATION.

PAGE: 2

BACKGROUND
In January 2020, the applicant, Golden Management Services, Inc. submitted applications to the City to subdivide 3.59 acres of land into three parcels and to construct three industrial buildings at the northwest corner of East End Avenue and Philadelphia Street (Philadelphia Street Industrial Development Project) with the desire to connect to the City’s sewer system. The project site is currently located within the unincorporated San Bernardino County (County) area of the City of Chino Sphere of Influence (SOI). Connection to the City’s sewer system would require annexation of the property into the City of Chino to receive sewer services to serve the industrial project. The Local Agency Formation Commission (LAFCO) of San Bernardino is tasked with processing annexations between the County and the City and has determined the logical boundary for the East End Annexation to include properties generally located south of Francis Avenue, west of East End Avenue, north of Philadelphia Street, and a small portion south of Philadelphia Street.

On April 5, 2023, a neighborhood meeting was held in Council Chambers, where staff and the applicant provided information about the annexation process and the proposed Philadelphia Street Industrial Development Project. Approximately 22 people attended the meeting. In general, the public was concerned about the existing and proposed truck traffic that would be generated from the Philadelphia Street Industrial Development Project, the existing truck storage facilities in the area and the recently proposed CarMax auto auction project application filed with the County. Additional comments and concerns were raised regarding noise, pollution, operation of non-permitted outdoor sales of food and commercial goods, the need for public improvements and the final design of the railroad crossing to the south just north of County Road.

In response to the truck traffic concerns raised at the neighborhood meeting, a supplemental traffic study was completed by Linscott Law & Greenspan Engineers for the Philadelphia Street Industrial Development Project on June 20, 2023. The updated study included traffic impacts of the recently proposed CarMax project at the southwest corner of East End and Francis Avenues and conducted new traffic counts within the East End Annexation area including an updated truck traffic analysis. The study resulted in the same conclusion as the original traffic analysis in that the project will not cause significant traffic impacts.

The Planning Commission held a duly noticed public hearing on July 19, 2023. Prior to the public hearing, staff received three letters in response to the public notice. Two of the letters received were from residents within or near the project area, expressing concerns about the existing road conditions along East End Avenue (Attachment A). The third letter received was from Supporters Alliance for Environmental Responsibility (“SAFER”) represented by Lozeau Drury LLP (Attachment B), stating the Mitigated Negative Declaration (MND) fails to adequately analyze and fully mitigate the project’s environmental impacts under the California Environmental Quality Act (CEQA) and requested that an Environmental Impact Report (EIR) be prepared for the project, and further stating that the adoption of the Planning Commission Resolution No. PC2023-023, prior to City Council’s review and adoption of the MND, would violate CEQA. The applicant’s environmental consultant, LSA Associates provided a letter in response to SAFER’s letter, stating the MND is sufficient in satisfying the requirements of CEQA and an EIR is not required (Attachment C).

Seven people spoke at the public hearing. In general, the people who spoke had concerns about the existing truck traffic and the additional traffic that would be generated from the Philadelphia Street Industrial Development Project. Additional comments and concerns were 123
CITY COUNCIL MEETING DATE: OCTOBER 3, 2023
TITLE: PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT PROJECT APPEAL AND EAST END ANNEXATION.

PAGE: 3
also raised regarding noise and pollution from large trucks, the operation of non-permitted uses, including street vending, and the need for repairs and improvements to neighboring streets.

The Planning Commission had questions and concerns regarding the coordination of roadway improvements in the area, if the project was considered an island annexation, the proposed CarMax auto auction project filed with the County, and concerns that were raised at the neighborhood meeting. Following the public hearing, the Planning Commission voted in favor of the project by a 4-3 vote, conditionally approving the Philadelphia Street Industrial Development Project [PL20-0004 (Site Approval) and PL20-0005 (Tentative Parcel Map No. 20174)] and recommending that the City Council adopt a MND and approve PL20-0003 (Prezone/Annexation). The approvals for the Site Approval (SA) and Tentative Parcel Map (TPM) are contingent on the adoption of the MND and approval of the prezone by the City Council, and the annexation process being finalized through LAFCO.

On July 27, 2023, the City received an appeal application (Attachment D) from SAFER appealing the Planning Commission’s action to adopt Planning Commission Resolution No.

PC2023-023, conditionally approving PL20-0004 (Site Approval) and PL20-0005 (Tentative Parcel Map No. 20174).

ISSUES/ANALYSIS
The City Council’s primary role associated with the proposed project is to take an action on the legislative items of the project that include the prezone/annexation and associated MND, and to consider the appeal of the Planning Commission’s action approving PL20-0004 (Site Approval) and PL20-0005 (Tentative Parcel Map No. 20174). The staff report, plans/exhibits, and associated information from the Planning Commission meeting are included as Attachment E to give the City Council a better understanding of the details of the industrial development approved by the Planning Commission that is associated with the proposed prezone/annexation and appeal, and the public comments received regarding the project.

Prezone/Annexation
The East End Annexation area is 56.87 acres in size and is comprised of Industrial-zoned parcels. Existing land uses in the annexation area include outdoor storage (vehicles, equipment, materials), a single-family residence, Scott Brothers Dairy, and vacant land. The current County zoning designation for the annexation area is primarily Commercial Industrial (IC), with two parcels zoned as RS-20M (Single Residential – 20,000 square feet minimum), and one parcel zoned Regional Industrial (IR) (Attachment F – San Bernardino County Zoning). The properties to the east of the annexation area are primarily single-family residences. The property for the Philadelphia Street Industrial Development Project is currently vacant with a County zoning designation of RS-20M.

The proposed prezone and annexation is intended to transfer the East End Annexation area from the County to the City of Chino and establish M1 (Light Industrial) and M2 (General Industrial) zoning for these properties (Attachment G – Proposed Prezone Map). This proposed prezoning is consistent with the City of Chino General Plan Map land use designations. The M1 zoning allows for a variety of industrial uses, lighter in nature (manufacturing, warehousing, and storage) that produce relatively limited volumes of traffic, noise, odors, or pollutants. New buildings in the M1 zone are restricted in size to 50,000 square feet or less, unless approved with a Special Conditional Use Permit. The M2 zoning district is the City’s heaviest industrial zone and allows for a broad range of manufacturing, warehousing and storage industrial uses. 124
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TITLE: PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT PROJECT APPEAL AND EAST END ANNEXATION.

PAGE: 4
The proposed prezoning of the East End Annexation area will only apply if the City Council approves the prezone application, asks LAFCO to initiate annexation proceedings, and if LAFCO approves the annexation request and records the certificate of completion for the annexation. In addition, the Site Approval and Tentative Parcel Map would not be approved until the final recordation of the certificate of completion for the annexation by LAFCO when the area is fully annexed into the City.

Plan for Service and Fiscal Impact Analysis
A plan for service and fiscal impact analysis (PFS/FIA) (Attachment H), as required by LAFCO, has been prepared for the proposed East End Annexation. The PFS/FIA analyzes costs associated with the City taking over servicing this area in relation to the anticipated revenue from property taxes, development impact fees, vehicle license fees, sales tax, and other revenue sources. The analysis considers two property tax share scenarios where the City receives half its property tax share of 5.4% and its full property tax share of 10.8% of the one percent property tax collected from property owners in the County. The two tax share scenarios were analyzed because at this time the City estimates it will only receive half (5.4%) of the property tax share for annexed properties that do not fit the “island” annexation provisions as outlined by LAFCO. The County retains the other half (5.4%) of the full share. In the future, the City will continue to negotiate with the County to obtain the full tax share (10.8%) but at this time, it is uncertain if obtaining the full share will take place. Based upon the presumed revenues and expenditures, the annexation would result in an annual deficit of $2,200 per year under the half property tax share (5.4%) scenario and a surplus of $22,600 per year if the City can negotiate the full tax share (10.8%).

Appeal
On July 27, 2023, the City received an appeal application from SAFER appealing the Planning Commission’s action to adopt Planning Commission Resolution No. PC2023-023, conditionally approving PL20-0004 (Site Approval) and PL20-0005 (Tentative Parcel Map No. 20174). The appeal application included the same letter that was provided to the Planning Commission prior to the hearing, stating the exact issues that were raised at Planning Commission, namely, that the MND fails to adequately analyze and fully mitigate the project’s environmental impacts under the California Environmental Quality Act (CEQA), that an EIR should be prepared, and that the adoption of Planning Commission Resolution No. PC2023-023 prior to City Council’s review and adoption of the MND violated CEQA. Staff and the applicant’s environmental consultant, LSA Associates, believe that an MND is sufficient to address the potential environmental impacts of this project and that an EIR is not needed. LSA Associates’ letter responding to SAFER’s comments is attached to this report (Attachment I). Furthermore, although the appeal states that the “MND fails to adequately analyze and fully mitigate the Project’s environmental impacts,” it fails to provide even a single example of an issue that is not fully analyzed or an impact that is not fully mitigated. In addition, the environmental consultant with LSA will be available at the City Council hearing to address the environmental concerns.

As to the timing of the adoption of the MND, staff and the City Attorney’s office believe it is most appropriate to have the City Council adopt the MND, since the City Council is the final decision maker on the prezone and the decision to request the initiation of an annexation. The Planning Commission resolutions approving the Site Approval and Tentative Parcel Map were intentionally drafted to make it clear that they were conditioned on the Council’s approval of the prezone and MND – in other words, if the Council does not approve the prezone and MND, the Site Approval and Tentative Parcel Map would be denied. Consequently, the Planning 125
CITY COUNCIL MEETING DATE: OCTOBER 3, 2023
TITLE: PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT PROJECT APPEAL AND EAST END ANNEXATION.

PAGE: 5
Commission’s approval of the Site Approval and Tentative Parcel Map was not final and did not bind the City to the project, since the project still required further action by the Council (and LAFCO) before the approvals would become final.

For these reasons, staff recommends denying the appeal and upholding the Planning Commission’s approval of the Site Approval and Tentative Parcel Map.

PUBLIC NOTICING
A 10-day notice was mailed to all property owners within an expanded radius beyond the 300-foot radius of the project site and to all interested parties that attended the neighborhood meeting or that requested a notice. In addition, a notice was published in the Chino Champion on September 23, 2023, and the City sent information out on the City’s social media platforms.

A freestanding sign was also posted on the Philadelphia Street Industrial Development project site at the northwest corner of East End Avenue and Philadelphia Street identifying the project, hearing date and time. In response to the public notice, no comments have been received. The notice exceeds legal noticing requirements.

ENVIRONMENTAL REVIEW
An MND has been prepared for this project by LSA Associates, Inc. (dated June 2023) that was circulated for a 20-day review period from June 28, 2023 to July 18, 2023. The MND identified potentially significant environmental impacts to Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Noise, and Tribal Cultural Resources, which could occur as a result of the proposed project. However, mitigation measures have been identified that reduce impacts to less than significant levels. In accordance with state environmental law, the Mitigation Monitoring Reporting Program (MMRP) identifies each environmental mitigation measure, the time in which it will be implemented and the responsible party for monitoring its implementation.

Attachments:

Attachment A – Letters from Residents
Attachment B – SAFER Letter
Attachment C – LSA Response to SAFER Letter (PC)
Attachment D – Appeal Application
Attachment E – PC Report and Plans
Attachment F – San Bernardino County Zoning
Attachment G – Proposed Prezone Map
Attachment H – Fiscal Impact Analysis
Attachment I – LSA Response to SAFER Appeal
Resolution 2023-056
Ordinance 2023-019
Resolution 2023-057
Resolution 2023-058
Link to Environmental Documents: https://www.cityofchino.org/591/EnvironmentalDocuments 126
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Via Email
July 18, 2023
Kevin Cisneroz, Chairperson
Jimmy Alexandris, Vice Chairperson
Brandon Blanchard, Commissioner
Joanna Chavez, Commissioner
Lissa Fraga, Commissioner
Steve Lewis, Commissioner
Lawrence Vieira, Commissioner
Chino Planning Commission
13220 Central Avenue
Chino, CA 91710
[email protected]
Kim Le, Associate Planner
City of Chino
Development Services Department
13220 Central Avenue
Chino, California 91710
(909) 334-3253
[email protected]
Re: Comment on Mitigated Negative Declaration
Philadelphia Street Industrial Development and East End Annexation Project (PL20-0003, PL20-0004, PL20-0005)
July 19, 2023 Planning Commission Agenda Item 4
Dear Chairperson Cisneroz, Honorable Commissioners, and Planner Le:

This comment is submitted on behalf of Supporters Alliance For Environmental Responsibility (“SAFER”) regarding the Philadelphia Street Industrial Development and East End Annexation Project (PL20-0003, PL20-0004, PL20-0005) and the related Initial Study and Mitigated Negative Declaration (“MND”) (“Project”).

Based on our initial review, the MND fails to adequately analyze and fully mitigate the Project’s environmental impacts under the California Environmental Quality Act (“CEQA”). SAFER requests that an environmental impact report (“EIR”) be prepared for the Project rather than an MND to ensure that potentially significant impacts of this Project are fully disclosed, analyzed, and mitigated. SAFER requests that the Planning Commission refrain from any consideration of the Project until an EIR is prepared as required by CEQA.

In addition, adoption of Planning Commission Resolution No. PC2023-023 prior to the City Council’s review and adoption of the MND would violate CEQA. An agency may not approve a project until after it considers a proposed mitigated negative declaration together with any comments received during the public review process. (14 C.C.R. § 15074(b); Pub. Res. Code § 21091(f); Citizens for Responsible Government v. City of Albany 133
Comment on Mitigated Negative Declaration
Philadelphia Street Industrial Development and East End Annexation Project July 18, 2023

Page 2 of 2 ends

(1997) 56 Cal.App.4th 1199.) Even though additional approvals may be required, CEQA review is required prior to the first agency approval of a project, when the agency commits itself to a definite course of action. (Save Tara v. City of West Hollywood (2008) 45 Cal. 4th 116, 137-138)
Resolution PC2023-023 would approve PL20-0004 (Site Approval) and a PL20-0005 (Tentative Parcel Map No. 20174). Site approval and approval of the tentative map are actions that significantly further the Project in a manner that forecloses mitigation measures that would ordinarily be part of CEQA review for the Project. (See, 14 CCR 15004(b)(2)(B); Save Tara v. City of W. Hollywood, 45 Cal. 4th 116, 138, 194 P.3d 344, 360 (2008), as modified (Dec. 10, 2008).)
In contrast to its approval of the Site Plan and Tentative Map, the Planning Commission will act merely as an advisory agency when reviewing the MND. The Commission will only make a recommendation to the Chino City Council on whether it should adopt an MND for the Project. (See Planning Commission Resolution No. PC2023- 021.) Members of the public will then have the opportunity to comment on the adequacy of the MND at the City Council meeting, and the CEQA requires the City Council consider any public comments made.

Since the MND will not be adopted, if at all, until a forthcoming City Council meeting, the Planning Commission cannot approve any portion of the Project at its July 19, 2023 meeting, prior to the City Council’s adoption of the MND.

SAFER reserves the right to supplement this comment throughout the administrative process. Galante Vineyards v. Monterey Peninsula Water Management Dist., 60 Cal. App. 4th 1109, 1121 (1997).

Sincerely,
Rebecca Davis
Lozeau Drury LLP
134
Via Email
July 18, 2023
Kevin Cisneroz, Chairperson
Jimmy Alexandris, Vice Chairperson
Brandon Blanchard, Commissioner
Joanna Chavez, Commissioner
Lissa Fraga, Commissioner
Steve Lewis, Commissioner
Lawrence Vieira, Commissioner
Chino Planning Commission
13220 Central Avenue
Chino, CA 91710
[email protected]
Kim Le, Associate Planner
City of Chino
Development Services Department
13220 Central Avenue
Chino, California 91710
(909) 334-3253
[email protected]
Re: Comment on Mitigated Negative Declaration
Philadelphia Street Industrial Development and East End Annexation Project (PL20-0003, PL20-0004, PL20-0005)
July 19, 2023 Planning Commission Agenda Item 4
Dear Chairperson Cisneroz, Honorable Commissioners, and Planner Le:

In addition, adoption of Planning Commission Resolution No. PC2023-023 prior to the City Council’s review and adoption of the MND would violate CEQA. An agency may not approve a project until after it considers a proposed mitigated negative declaration together with any comments received during the public review process. (14 C.C.R. § 15074(b); Pub. Res. Code § 21091(f); Citizens for Responsible Government v. City of Albany Comment Letter A
A-1
A-2
A-3
135
Comment on Mitigated Negative Declaration
Philadelphia Street Industrial Development and East End Annexation Project July 18, 2023

Page 2 of 2 ends

SAFER reserves the right to supplement this comment throughout the administrative process. Galante Vineyards v. Monterey Peninsula Water Management Dist., 60 Cal. App. 4th 1109, 1121 (1997).

Sincerely,
Rebecca Davis
Lozeau Drury LLP
A-3
A-4
A-5
A-6
A-7
136
Appendix K
Responses to Comments
Initial Study/Mitigated Negative Declaration
Philadelphia Street Industrial Development Site
and East End Annexation Project
Chino, San Bernardino County, California
Prezone and Annexation (PL 20-0003)
Site Approval and Design Review (PL 20-0004)
Tentative Parcel Map No. 20174 (PL 20-0005)
Lead Agency:

City of Chino
13220 Central Avenue
Chino, California 91710
July 2023
137
7/19/23 (C:\Users\3043\Downloads\Appendix K_IS-MND_Philadelphia Industrial Development East End Annexation_Public Comment Matrix.docx) 2 The primary objective and purpose of the Initial Study/Mitigated Negative Declaration (IS/MND) public review process is to obtain comments on the adequacy of the analysis of environmental impacts, the mitigation measures presented, and other analyses contained in the Initial Study prepared by the City of Chino (City). The California Environmental Quality Act (CEQA) requires that the City decision makers consider the comments received during the public review of the IS/MND prior to carrying out or approving the project (CEQA Guidelines Section 15074[b]). Comments that do not directly relate to the analysis in the Initial Study (i.e., are outside the scope of this document) or that do not include facts, reasonable assumptions predicated upon facts, and/or expert opinion supported by facts are not given specific responses; however, all comments are included in this section so that the decision makers may know the opinions of the commenter(s).

The Philadelphia Street Industrial Development Site and East End Annexation Project IS/MND was circulated for public and agency review for a 20-day period from June 28 to July 18, 2023. The comments received regarding the project and the responses to comments are included in this document. The comment letters are listed below.
• Lozeau Drury LLP (Comment Letter A dated July 18, 2023) In order to provide the City of Chino Planning Commission and City Council with additional information upon which to base their decision whether to approve or deny the proposed project, the City has responded to the comments received by these entities. Each comment letter is labeled alphabetically with each individual comment identified by a number. The responses are provided following each letter. All written comments along with the City’s responses are attached and have been made a part of the public record.

Neither the comments nor the following responses to comments constitute “significant new information” (State CEQA Guidelines Section 15073.5) that would require recirculation of the IS/MND or the preparation of an Environmental Impact Report. 138
C:\Users\3043\Downloads\Appendix K_IS-MND_Philadelphia Industrial Development East End Annexation_Public Comment Matrix.docx (07/19/23) 3 Philadelphia Street Industrial Development Site and East End Annexation Project July 2023 Initial Study/Mitigated Negative Declaration
Response to Public Comments
Comment
Letter
Comment
Number Comment Response
A
A-1
This comment is submitted on behalf of Supporters
Alliance for Environmental Responsibility (“SAFER”)
regarding the Philadelphia Street Industrial Development and East End Annexation Project (PL20-0003, PL20-0004,
PL20-0005) and the related Initial Study and Mitigated
Negative Declaration (“MND”) (“Project”).

The City of Chino acknowledges receipt of a
comment letter dated July 18, 2023 submitted on
behalf of Supporters Alliance for Environmental
Responsibility (“SAFER”) regarding the Philadelphia
Street Industrial Development and East End
Annexation Project (PL20-0003, PL20-0004, PL20-
0005) and the related Initial Study and Mitigated
Negative Declaration (“MND”) (“Project”). Neither
this comment nor the response constitutes new
information requiring recirculation of the Initial
Study/Mitigated Negative Declaration (IS/MND).

No change in the text of the IS/MND is required.

A-2
Based on our initial review, the MND fails to adequately analyze and fully mitigate the Project’s environmental
impacts under the California Environmental Quality Act
(“CEQA”). SAFER requests that an environmental impact
report (“EIR”) be prepared for the Project rather than an MND to ensure that potentially significant impacts of this Project are fully disclosed, analyzed, and mitigated. SAFER requests that the Planning Commission refrain from any
consideration of the Project until an EIR is prepared as required by CEQA.

The commenter’s opinion that the MND fails to
adequately analyze and fully mitigate the Project’s
environmental impacts under the California
Environmental Quality Act (“CEQA”) and that an
Environmental Impact Report (EIR) should be
prepared for the project to ensure that potentially
significant impacts of the project are fully
disclosed, analyzed, and mitigated is noted.

However, this comment does not identify any
specific environmental effect or provide any
substantial evidence pursuant to State CEQA
Guidelines Section 15384 that new significant
environmental issues or impacts that were not
already addressed in the IS/MND would occur.

Neither this comment nor the response
constitutes new information requiring
139
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Response to Public Comments
Comment
Letter
Comment
Number Comment Response
recirculation of the IS/MND. No change in the text
of the IS/MND is required.

A-3
In addition, adoption of Planning Commission Resolution No. PC2023-023 prior to the City Council’s review and
adoption of the MND would violate CEQA. An agency may
not approve a project until after it considers a proposed mitigated negative declaration together with any
comments received during the public review process. (14 C.C.R. § 15074(b); Pub. Res. Code § 21091(f); Citizens for Responsible Government v. City of Albany (1997) 56
Cal.App.4th 1199.) Even though additional approvals may be required, CEQA review is required prior to the first agency approval of a project, when the agency commits
itself to a definite course of action. (Save Tara v. City of West Hollywood (2008) 45 Cal. 4th 116, 137-138).

The commenter’s opinion that adoption of
Planning Commission Resolution No. PC2023-023
prior to the City Council’s review and adoption of
the MND would violate CEQA is noted. Land use
entitlements in the City are typically approved by
the planning commission. However, the final
approving body for the Prezone and Annexation
(PL 20-0003) will be the Chino City Council.

Accordingly, the Chino Planning Commission acts
as a recommending body that would review the
proposed project, including the IS/MND,
supporting technical environmental studies, and
public comments received during the public review
period, and recommend either that the Prezone
and Annexation (PL 20-0003) and supporting CEQA
documents be heard by the City Council for
approval, be denied and not herd by the City
Council, or the planning commission may request a
continuance for additional information to be
considered prior to making a recommendation.

Adoption of Planning Commission Resolution No.

PC2023-023 would be contingent on City Council
approval of Prezone and Annexation (PL 20-0003)
and supporting CEQA documents.

The Philadelphia Street Industrial Development
Site and East End Annexation Project IS/MND that
was circulated for public and agency review for a
140
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Response to Public Comments
Comment
Letter
Comment
Number Comment Response
20-day period from June 28 to July 18, 2023
constitutes the requisite CEQA review prior to the
first agency recommendation or approval of the
project.

A-4
Resolution PC2023-023 would approve PL20-0004 (Site
Approval) and a PL20-0005 (Tentative Parcel Map No.
20174). Site approval and approval of the tentative map are actions that significantly further the Project in a manner that forecloses mitigation measures that would
ordinarily be part of CEQA review for the Project. (See, 14 CCR 15004(b)(2)(B); Save Tara v. City of W. Hollywood, 45 Cal. 4th 116, 138, 194 P.3d 344, 360 (2008), as modified (Dec. 10, 2008).)
The commenter’s opinion that site approval and
approval of the tentative map are actions that
significantly further the Project in a manner that
forecloses mitigation measures that would
ordinarily be part of CEQA review for the Project is
noted. However, the Philadelphia Street Industrial
Development Site and East End Annexation Project
IS/MND that was circulated for public and agency
review for a 20-day period from June 28 to July 18,
2023 included as Appendix J a Mitigation
Monitoring and Reporting Program (MMRP)
prepared for use in implementing mitigation for
the proposed Prezone and Annexation (PL 20-
0003), Site Approval (PL 20-0004), and Tentative
Parcel Map No. 20174 (PL 20-0005).
141
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Response to Public Comments
Comment
Letter
Comment
Number Comment Response
Land use entitlements in the City are typically
approved by the planning commission. However, t
the final approving body for the Prezone and
Annexation (PL 20-0003) will be the Chino City
Council. Accordingly, the Chino Planning
Commission acts as a recommending body that
would review the proposed project, including the
IS/MND, supporting technical environmental
studies, and public comments received during the
public review period, and recommend either that
the Prezone and Annexation (PL 20-0003) and
supporting CEQA documents be heard by the City
Council for approval, be denied and not herd by
the City Council, or the planning commission may
request a continuance for additional information
to be considered prior to making a
recommendation. Adoption of Planning
Commission Resolution No. PC2023-023 would be
contingent on City Council approval of Prezone
and Annexation (PL 20-0003) and supporting CEQA
documents.

The Philadelphia Street Industrial Development
Site and East End Annexation Project IS/MND that
was circulated for public and agency review for a
20-day period from June 28 to July 18, 2023, which
includes the MMRP, constitutes the requisite
CEQA review prior to the first agency
recommendation or approval of the project.

This comment does not identify any specific
environmental effect or provide any substantial
142
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Response to Public Comments
Comment
Letter
Comment
Number Comment Response
evidence pursuant to State CEQA Guidelines
Section 15384 that new significant environmental
issues or impacts that were not already addressed
in the IS/MND would occur. Neither this comment
nor the response constitutes new information
requiring recirculation of the IS/MND. No change
in the text of the IS/MND is required.

A-5
In contrast to its approval of the Site Plan and Tentative Map, the Planning Commission will act merely as an
advisory agency when reviewing the MND. The
Commission will only make a recommendation to the
Chino City Council on whether it should adopt an MND for the Project. (See Planning Commission Resolution No.

PC2023-021.) Members of the public will then have the
opportunity to comment on the adequacy of the MND at
the City Council meeting, and the CEQA requires the City Council consider any public comments made.

The commenter’s opinion that the Planning
Commission will act merely as an advisory agency
when reviewing the MND and will only make a
recommendation to the Chino City Council on
whether it should adopt an MND for the Project is
noted.

Land use entitlements in the City are typically
approved by the planning commission. However,
the final approving body for the Prezone and
Annexation (PL 20-0003) will be the Chino City
Council. Accordingly, the Chino Planning
Commission acts as a recommending body that
would review the proposed project, including the
IS/MND, supporting technical environmental
studies, and public comments received during the
public review period, and recommend either that
the Prezone and Annexation (PL 20-0003) and
supporting CEQA documents be heard by the City
Council for approval, be denied and not herd by
the City Council, or the planning commission may
request a continuance for additional information
to be considered prior to making a
143
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Response to Public Comments
Comment
Letter
Comment
Number Comment Response
recommendation. Adoption of Planning
Commission Resolution No. PC2023-023 would be
contingent on City Council approval of Prezone
and Annexation (PL 20-0003) and supporting CEQA
documents.

A-6
Since the MND will not be adopted, if at all, until a
forthcoming City Council meeting, the Planning
Commission cannot approve any portion of the Project at its July 19, 2023 meeting, prior to the City Council’s
adoption of the MND.

The commenter’s assertion that the Planning
Commission cannot approve any portion of the
Project at its July 19, 2023 meeting, prior to the
City Council’s adoption of the MND is noted.

Adoption of Planning Commission Resolution No.

PC2023-023 would be contingent on City Council
144
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Response to Public Comments
Comment
Letter
Comment
Number Comment Response
approval of Prezone and Annexation (PL 20-0003)
and supporting CEQA documents.

This comment does not identify any specific
environmental effect or provide any substantial
evidence pursuant to State CEQA Guidelines
Section 15384 that new significant environmental
issues or impacts that were not already addressed
in the IS/MND would occur. Neither this comment
nor the response constitutes new information
requiring recirculation of the IS/MND. No change
in the text of the IS/MND is required.
145
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Response to Public Comments
Comment
Letter
Comment
Number Comment Response
A-7
SAFER reserves the right to supplement this comment
throughout the administrative process. Galante Vineyards v. Monterey Peninsula Water Management Dist. 60 Cal.

App. 4th 1109, 1121 (1997).

The City of Chino acknowledges that the
commenter reserves the right to further
supplement this comment throughout the
administrative process.

This comment does not question the content or
conclusions of the IS/MND or identify any new
significant environmental issues or impacts that
were not already addressed in the IS/MND.

Neither this comment nor the response
constitutes new information requiring
recirculation of the IS/MND. No change in the text
of the IS/MND is required.
146
147
148
149
150

MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT
PLANNING COMMISSION MEETING DATE: JULY 19, 2023
..titl e PL20-0003 (Prezone/Annexation), PL20-0004 (Site Approval) and PL20-0005 (Tentative Parcel Map No. 20174)
..end LOCATION MAP
151
152
PLANNING COMMISSION MEETING DATE: JULY 19, 2023
SUBJECT: PL20-0003 (PREZONE/ANNEXATION), PL20-0004 (SITE APPROVAL) AND PL20-0005 (TENTATIVE PARCEL MAP NO. 20174)
PAGE: 2
PROJECT NO.: PL20-0003 (Prezone/Annexation), PL20-0004 (Site Approval) and PL20-0005 (Tentative Parcel Map No. 20174)
APPLICANT: Golden Management Services, Inc.

REQUEST:

PL20-0003 (Prezone/Annexation) A recommendation to the City Council regarding a request to prezone approximately 56.87 acres of land (East End Annexation) from unincorporated San Bernardino County zoning designations of Regional Industrial (IR), Community Industrial (IC), and RS-20M (Single Residential 20,000 square feet Industrial (M2) consistent wit
annexation of the East End Annexation site.

PL20-0004 (Site Approval) A request to construct three industrial buildings, totaling 63,900 square feet (Philadelphia Street Industrial Development Project).

PL20-0005 (Tentative Parcel Map No. 20174) A request to subdivide 3.95 gross acres of land into three parcels for the future development of three industrial buildings (Philadelphia Street Industrial Development Project).

LOCATION: The East End Annexation site is generally located south of Francis Avenue, west of East End Avenue, north of Philadelphia Street, and a small portion south of Philadelphia Street. APNs: 1013-261-17, 1013-271-01, -10, -11, -06, -13, -14, 1013-521-04, -05, -11, -14, - 15, -16, -18, 1013-531-04, -07, 1016-011-02, -03, -05, -06, -08, -09, -10, & -15, including the public right of way (to centerline) of public streets abutting the above listed parcels. The Philadelphia Street Industrial Project is located at the northwest corner of East End Avenue and Philadelphia Street (APN: 1013-521-04).

RECOMMENDATION
..recommendation 1) Adopt Planning Commission Resolution No. PC2023-021, recommending that the City Council adopt a Mitigated Negative Declaration (MND) for the Philadelphia Street Industrial Development Project and East End Annexation; 2) Adopt Planning Commission Resolution PC2023-022, recommending the City Council approve PL20-0003 (Prezone/Annexation) in conjunction with the proposed annexation of the East End Avenue Annexation site, based on the findings listed in Planning Commission Resolution No. PC2023-022; and 3) Adopt Planning Commission Resolution No. PC2023-023, conditionally approving PL20-0004 (Site Approval) and PL20-0005 (Tentative Parcel Map No. 20174), based upon the findings and subject to the departmental conditions of approval.
..body BACKGROUND
The applicant, Golden Management Services, Inc. submitted applications to the City to subdivide 3.59-acres of land into three parcels to construct three industrial buildings at the northwest corner of East End Avenue and Philadelphia Street (Philadelphia Street Industrial Development The project site is
currently located in unincorporated San Bernardino County (County), within the City of Chino Sphere of Influence (SOI).
the property into the City of Chino to receive sewer services for the construction of the project.

The Local Agency Formation Commission (LAFCO) of San Bernardino is tasked with processing annexations between the County and the City and has determined the logical boundary for the East End Annexation to include the properties generally located south of 153
PLANNING COMMISSION MEETING DATE: JULY 19, 2023
SUBJECT: PL20-0003 (PREZONE/ANNEXATION), PL20-0004 (SITE APPROVAL) AND PL20-0005 (TENTATIVE PARCEL MAP NO. 20174)
PAGE: 3
Francis Avenue, west of East End Avenue, north of Philadelphia Street, and a small portion south of Philadelphia Street.

ISSUES/ANALYSIS
As an introductory note, the Planning Commission is being asked to make a recommendation to the City Council regarding the prezoning of the annexation area, and to approve the land use entitlements (Site Approval and Tentative Parcel Map) for the proposed Philadelphia Street Industrial Development Project. The Planning Commission is not being asked to make a recommendation regarding the decision to initiate annexation proceedings as this decision is solely within the purview of the City Council. However, this staff report includes information about the proposed annexation for context.

East End Annexation
Prezone/Annexation
The East End Annexation area is a total of 56.87 acres in size and is comprised of industrial zoned parcels. Existing uses on the parcels include vacant property, outdoor storage (vehicles, equipment, materials), a single-family residence, Scott Brothers Dairy, and various agricultural purposes. The current County zoning designation for the annexation area is mostly Commercial Industrial (IC) with two parcels zoned as RS-20M (Single Residential 20,000 square feet minimum), and one parcel zoned Regional Industrial (IR) (Exhibit A San Bernardino County Zoning). The properties to the south of the annexation area are generally developed with industrial buildings/uses. The properties to the east are primarily single-family residences. The property proposed for development is currently vacant with a County zoning designation of RS-20M.

Land Use
The proposed prezone and annexation is intended to transfer the East End Annexation area from the County to the City of Chino and establish M1 (Light Industrial) and M2 (General Industrial) zoning for the properties (Exhibit B Proposed Prezone Map). This proposed prezoning is consistent with the City of Chino General Plan Map land use designations. The M1 zoning allows for a variety of industrial uses (manufacturing, warehousing, and storage) that produce relatively limited volumes of traffic, noise, odors, or pollutants. New buildings in the M1 zone are restricted in size to 50,000 square feet or less, unless approved with a Special Conditional Use Permit. The M2 zoning di allows
for a board range of manufacturing, warehousing and storage industrial uses.

The proposed prezoning of the East End Annexation area will only apply if the City Council approves the prezone application and when LAFCO records the certificate of completion for the annexation. In addition, the Site Approval and Tentative Parcel Map are contingent on the final recordation of the certificate of completion for the annexation by LAFCO.

Plan for Service and Fiscal Impact Analysis
A plan for service and fiscal impact analysis (PFS/FIA) (Exhibit C), as required by LAFCO, has been prepared for the proposed East End Annexation. The PFS/FIA analyzes costs associated with the City taking over servicing this area in relation to the anticipated revenue from property taxes, development impacts fees, vehicles license fees, sales tax, and other revenue sources.

The analysis considers two property tax share scenarios where the City receives half property tax share of 5.4% and full property tax share of 10.8% of the one percent property tax collected from property owners in the County. The two tax share scenarios were analyzed because at this 154
PLANNING COMMISSION MEETING DATE: JULY 19, 2023
SUBJECT: PL20-0003 (PREZONE/ANNEXATION), PL20-0004 (SITE APPROVAL) AND PL20-0005 (TENTATIVE PARCEL MAP NO. 20174)
PAGE: 4
time the City estimates it will only receive half (5.4%) of the property tax share for annexed properties . The County
retains the other half (5.4%) of the full share. In the future, the City will try and negotiate with the County to obtain the full tax share (10.8%), but is uncertain if obtaining the full share will happen. Based upon the presumed revenues and expenditures, the annexation would result in an annual deficit of $2,200 per year under the half property tax share (5.4%) scenario and a surplus of $22,600 per year if the City can negotiate the full tax share (10.8%).

Philadelphia Street Industrial Development Project
Site Approval and Tentative Parcel Map
Site Design
The proposed Philadelphia Street Industrial Development Project is comprised of three industrial buildings, totaling 63,900 square feet. Buildings 1 and 2 front onto East End Avenue, with loading facilities located to the rear of the building within a secured private yard area. Each building includes two dock high loading doors. Building 3 is located at the northwest corner of East End Avenue and Philadelphia Street, with one dock high loading door located to the rear of the building. The City has worked with the applicant in designing the three industrial buildings so the scale and mass is compatible with the adjacent residential properties to the east, across East End Avenue. In addition, a 35-foot street side setback is provided for each building from East End Avenue and Philadelphia Street. Each private yard area is screened from public view by a 9-foot-high concrete tilt-up wall with metal gate, designed to match the architectural style of the building.

Access is provided to Building 1 from a single driveway off East End Avenue. The driveway is designed to accommodate both vehicular and truck traffic. Buildings 2 and 3 share a driveway off East End Avenue and a second driveway off Philadelphia Street with each driveway designed to accommodate both automobile and truck traffic. A reciprocal access agreement will be required for the shared driveway access for Buildings 2 and 3. Parking for each building is located adjacent to the office area as well as within the secured yard area, with each building meeting the minimum parking requirements.

Project statistics are as follows:

Item Proposed
Project Area - 3.59 acres
No. Lots - 3
Lot Area - Parcel 1 61,766 square feet
Parcel 2 45,650 square feet
Parcel 3 48,874 square feet
No. of Buildings - 3
Building Area - Building 1 26,700 square feet
Building 2 20,700 square feet
Building 3 16,500 square feet
Lot Coverage - Parcel 1 40%
Parcel 2 42%
155
PLANNING COMMISSION MEETING DATE: JULY 19, 2023
SUBJECT: PL20-0003 (PREZONE/ANNEXATION), PL20-0004 (SITE APPROVAL) AND PL20-0005 (TENTATIVE PARCEL MAP NO. 20174)
PAGE: 5
Item Proposed
Parcel 3 31.7%
Landscape Coverage - Parcel 1 13.6%
Parcel 2 15.7%
Parcel 3 27.1%
Parking (proposed/required)- Building 1 44 proposed/38 required Building 2 30 proposed/30 required
Building 3 23 proposed/23 required
Landscaping
The project has an overall landscape coverage of 18.4%, which exceeds the minimum landscape coverage requirement of 10% in the M1 zoning district. Drought tolerant landscape design is provided throughout the development that is comprised of trees, shrubs and groundcover. Landscaping is primarily concentrated along street frontages and around the office areas. In addition, outdoor employee break areas are provided for each building along East End Avenue frontage that include tables, seating, enhanced paving and a shade structure.

Architecture
The proposed industrial development is designed with a contemporary architectural style consistent with new industrial development in the City. The buildings incorporate concrete tilt-up walls with a smooth painted finish that includes varying shades of gray. Horizontal and vertical reveals enhance the building elevations. Reflective glass set in clear anodized aluminum frames are concentrated at the street facing corners of each building and at the driveway entrances.

Four-foot offsets in the building walls are incorporated at the office area to further break up the massing of the buildings. Breaks in the roofline are also provided, primarily where the insets and offsets occur. Roof top equipment will be fully screened by the parapets.

Tentative Parcel Map No. 20174
A tentative parcel map is proposed to create individual lots for each industrial building. Lots will range in size from 45,650 square feet to 61,766 square feet. Each lot exceeds the minimum lot size of 20,000 square feet for the M1 zoning district. To ensure the buildings will maintain a uniform appearance and all common access points, shared parking, and maintenance areas are maintained, Covenants, Codes and Restrictions (CC&Rs) will be required to be prepared and recorded with the final map.

Neighborhood Meeting
A neighborhood meeting was held on April 5, 2023, where staff and the applicant shared information about the annexation process and the proposed Philadelphia Street Industrial Development Project. Approximately 22 people attended the meeting. In general, the public was concerned about the existing and proposed truck traffic that would be generated from the Philadelphia Street Industrial Development Project, the existing truck storage facilities in the area and the recently proposed CarMax auto auction project application filed with the County.

Additional comments and concerns were raised regarding noise, pollution, operation of nonpermitted outdoor sales of food and commercial goods, the need for public improvements and the final design of the railroad crossing to the south just north of County Road. 156
PLANNING COMMISSION MEETING DATE: JULY 19, 2023
SUBJECT: PL20-0003 (PREZONE/ANNEXATION), PL20-0004 (SITE APPROVAL) AND PL20-0005 (TENTATIVE PARCEL MAP NO. 20174)
PAGE: 6
Staff answered the majority
was informed
which include a new traffic signal, sidewalk improvements, roadway widening, curb ramps, crosswalks, signage, striping, storm drains and undergrounding of utilities.

A traffic analysis was prepared by Linscott Law & Greenspan Engineers for the Philadelphia Street Industrial P
In response to the truck traffic concerns raised at the neighborhood meeting, the study was updated on June 20, 2023, to analyze the traffic impacts with the recently proposed project (i.e. CarMax) and to conduct new traffic counts within the East End Annexation area that was not known at the time when the original traffic analysis was conducted. The study resulted in the same conclusion as the original traffic analysis in that the project will not cause significant impacts.

PUBLIC NOTICING
A 20-day notice was mailed to all property owners within an expanded radius beyond the 300-foot radius of the project site and to all interested parties that attended the neighborhood meeting or that requested a notice. In addition, a notice was published in the Chino Champion on June ial media platforms. A
freestanding sign was also posted on the Philadelphia Street Industrial Development Project site at the northwest corner of East End Avenue and Philadelphia Street identifying the project and hearing date and time. In response to the public notice, no comments have been received. The notice exceeds legal noticing requirements.

ENVIRONMENTAL REVIEW
A Mitigated Negative Declaration (MND) has been prepared for this project by LSA Associates, Inc. (dated June 2023) that was circulated for a 20-day review period from June 28, 2023 to July 18, 2023. A link to the MND was provided to the Planning Commission electronically on July 12, 2023 to provide additional time for review. The MND identified potentially significant environmental impacts to Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Noise, and Tribal Cultural Resources, which could occur as a result of the proposed project. However, mitigation measures have been identified that reduce impacts to less than significant levels. In accordance with state environmental law, the Mitigation Monitoring Reporting Program (MMRP) identifies each environmental mitigation measure, the time in which it will be implemented and the responsible party for monitoring its lanning Commission Resolution No. PC2023-023).

The Planning Commission is being asked to make a recommendation to City Council regarding the adoption of the MND. An approval of the tentative parcel map and site approval would be contingent on approval of the MND by the City Council.

Attachments:

San Bernardino County Zoning Map
Proposed Prezone Map
Plan for Service and Fiscal Impact Analysis
San Bernardino County Zoning (Exhibit A to Staff Report), Proposed Prezone Map (Exhibit B to Staff Report), Fiscal Impact Analysis (Exhibit C to Staff Report), Reso PC2023-021 (MND), 157
PLANNING COMMISSION MEETING DATE: JULY 19, 2023
SUBJECT: PL20-0003 (PREZONE/ANNEXATION), PL20-0004 (SITE APPROVAL) AND PL20-0005 (TENTATIVE PARCEL MAP NO. 20174)
PAGE: 7
Exhibit A to PC2023-021 (Annexation Map & Legal), Exhibit B to PC2023-021 (Proposed Prezone Map), Exhibit C to PC 2023-021 (MND), Reso PC2023-022 (Prezone), Exhibit A to PC2023-022 (Annexation Map & Legal), Exhibit B to PC2023-022 (Proposed Prezone Map), PC Reso PC2023-023 (SA TPM), Exhibit A to PC2023-023 (Annexation Map & Legal), COA COVER SHEET, PLNG COAs East End Annexation, MMRP (Attach to PLNG COAs as Attachment A), Eng COAs - TM 20174 COAs_230706, FIRE COAs, 2019-067-00 Philadelphia Industrial Center Entitlement Package 2023-03-17
158
¯ LEGEND
Proposed Development
Proposed Annexation
Current City Boundary
Zoning Designations
Single-Family Residential (RS-20M)
Commercial Industrial (IC)
Regional Industrial (IR)

SAN BERNARDINO COUNTY ZONING
Date: 4/5/2023

FRANCIS AVE

PHILADELPHIA ST
159
¯ LEGEND
Proposed Development
Proposed Annexation
Current City Boundary
Zoning Designations
Light Industrial (M1)
General Industrial (M2)

PROPOSED PREZONE
Date: 6/21/2023

FRANCIS AVE

PHILADELPHIA ST
M1
M2
160
CHINO EEAA AND PSIC ANNEXATION: PLAN FOR

SERVICE AND FISCAL ANALYSIS
Prepared for:

Golden Management Services Inc.

October 20, 2022
SUBMITTED BY:

T H E N A T E L S O N D A L E G R O U P , I N C .

Y O R B A L I N D A , C A • w w w . n a t e l s o n d a l e . c o m O : 7 1 4 . 6 9 2 . 9 5 9 6 • F : 7 1 4 . 6 9 2 . 9 5 9 7 Approved by Rob on 1/13/23 (see email)
161

CONTENTS
Executive Summary ............................................................................................................................................ 1 Property Tax Scenarios Considered in this Analysis ....................................................................................... 1 Summary Conclusion ...................................................................................................................................... 2 Chapter 1: Introduction ...................................................................................................................................... 4 Purpose of the study ...................................................................................................................................... 4 Organization of the Report ............................................................................................................................. 7 Chapter 2: Project Description ........................................................................................................................... 8 Planned Improvements .................................................................................................................................. 8 Assessed Valuation and Property Tax .......................................................................................................... 10 Chapter 3: Public Facilities/Services Before and After Annexation .................................................................. 12 Chapter 4: City of Chino Fiscal Analysis Assumptions ...................................................................................... 14 Baseline Population and Employment ......................................................................................................... 14 City Revenue Data ........................................................................................................................................ 16 City Cost Data ............................................................................................................................................... 17 Chapter 5: Fiscal Impacts of Annexation Area .................................................................................................. 19 Chapter 6: Project One-Time Fees and Charges ............................................................................................... 23 Appendix A: Supporting Fiscal Documentation ................................................................................................ 24 162

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1 Executive Summary
This report presents the plan for service and fiscal analysis of the proposed annexation of the East End Annexation Area (EEAA), including the 3.2-acre Philadelphia Street Industrial Center (PSIC) development, into the City of Chino. Whereas a specific development project is currently proposed for the PSIC, potential development within other portions of the EEAA is unknown at this time. However, since the City will require annexation of the overall EEAA as a single “project” for LAFCo purposes, this analysis evaluates the potential fiscal impacts of the specific land uses proposed for the PSIC and an assumed land use mix for the balance of the EEAA. In this regard, the analysis does not assume full buildout of the EEAA but considers estimated development within the 5-year forecast horizon required for LAFCo fiscal studies. Chapter 2 details the study’s land use assumptions.

In keeping with the LAFCo guidelines for reports of this type, the cost and revenue categories included reflect those associated with municipal revenues and functions that would be absorbed by the City upon annexation of the Project. For the City’s budget, this includes the categories listed below.

General Fund and Relevant Other Accounts, Annual Recurring Revenues Property Taxes
VLF-Property Tax in Lieu
Property Transfer Tax
Off-Site Retail Sales and Use Tax
Proposition 172 Half Cent Sales Tax
Measure I 2010-2040 Half Cent Sales Tax
Franchise Fees
Transfers In: State Gas Tax
Transfers In: From Other City Funds
General Fund and Relevant Other Accounts, Annual Recurring Costs General Government
Police Protection
Community Services
Community Development
Public Works: Street Maintenance
Public Works: Other Costs
Property Tax Scenarios Considered in this Analysis
Consistent with the City’s current discussions with LAFCo, this analysis considers two scenarios regarding the share of the 1% property tax levy that would accrue to the City’s General Fund:
“Half Share” Property Tax Scenario – assumes 5.4% of the 1% property tax levy accrues to City’s General Fund
“Full Share” Property Tax Scenario – assumes 10.8% of the 1% property tax levy accrues to City’s General Fund
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2 Summary Conclusion
A summation of the annexation area’s projected annual recurring revenues and costs, for the categories listed above, is shown on Table E-1 below. Based on the conservative revenue assumptions used in this analysis (as described further below), the annexation area would:

Generate a small fiscal deficit ($2,200 per year) to the City under the “half share” property tax scenario; and
Generate a fiscal surplus of $22,600 per year under the “full share” property tax scenario.

Under more favorable revenue assumptions (see discussion of potential sales tax revenues below), the annexation area would potentially generate a significantly larger annual surplus for the City (even under the “half share” property tax scenario). TABLE E-1. SUMMARY OF ANNUAL FISCAL IMPACTS AT BUILDOUT Annual Impact at Buildout
Property Tax Scenario
Half Share Full Share
Total Recurring Revenues $46,842 $71,665
Total Recurring Costs $49,024 $49,024
Annual Recurring Surplus/Deficit -$2,183 $22,641
Source: Table 5-3a and Table 5-3b.

Whereas most revenue sources associated with the project are reasonably predictable based on standard development assumptions, one key revenue item – sales tax – can vary widely for industrial buildings based on the specific tenant type(s) occupying the space. Some industrial businesses generate substantial sales tax revenue (due to “point of sale” business activities) while some industrial tenants generate little or no sales tax. Based on available data, The Natelson Dale Group, Inc. (TNDG) estimates that existing industrial space in the combined Chino/Chino Hills area generates average taxable sales of $32.20 per square foot of building area.1 Given that specific tenants are not currently known for the PSIC or the overall EEAA, it is reasonable to expect that the tenant mix (and therefore the level of sales tax generation) for project would mirror the overall makeup of Chino’s industrial market. However, in order to remain analytically conservative (per direction from City staff), the fiscal analysis assumes that no sales tax revenue would be generated by the proposed project.

Based on estimated industrial sales tax generation in other Inland Empire cities, TNDG believes that it is highly likely that the proposed project would generate significant taxable sales. TNDG estimates industrial 1 This factor was derived from two sources: 1) total taxable sales during Calendar Year 2021 in the “All Other Outlets” (i.e., non-retail) sales category as reported by the California Department of Tax and Fee Administration and 2) total square feet of industrial buildings in Chino/Chino Hills as reported by Kidder Matthews (Q2 2022 industrial “Market Trends” report for the Inland Empire). Specifically, total taxable sales of $1,758,858,921 divided by a total industrial inventory of 54,627,425 square feet equals average taxable sales of $32.20 per square foot. 164

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3 taxable sales PSF in other key Inland Empire sub-markets as follows2: Corona ($53.24), Fontana ($14.19), Jurupa Valley ($20.33), Moreno Valley ($8.83), Ontario ($32.38), Perris ($9.12), Rancho Cucamonga ($21.51), Redlands ($7.08), Rialto ($40.77), Riverside ($32.55), and San Bernardino ($16.86). The weighted average for these 12 sub-markets is $25.11 per square foot.

As indicated by the above data, the potential exists for the project to substantially outperform the conservative “no sales tax” assumption used in this analysis. For example, if the project achieved taxable sales equivalent to the existing average for the 12 sub-markets noted above ($25.11 PSF), the project would generate a net fiscal surplus for the City of $41,600 per year under the half-share property tax scenario and $66,400 per year under the full-share property tax scenario. If the project achieved taxable sales equivalent to the existing average for the Chino/Chino Hills area ($32.20 PSF), the project would generate a net fiscal surplus for the City of $53,900 per year under the half-share property tax scenario and $78,800 per year under the full-share property tax scenario. Table E-2 below compares the net fiscal impact of the project under the various property and sales tax scenarios considered in this analysis.

TABLE E-2. COMPARISON OF NET FISCAL IMPACTS AT BUILDOUT

BY SALES TAX AND PROPERTY TAX SCENARIO
Taxable Sales Assumptions
Property Tax Scenario
Half Share Full Share
No Taxable Sales -$2,183 $22,641
Taxable Sales @ $25.11/square foot $41,573 $66,397
Taxable Sales @ $32.20/square foot $53,928 $78,752
Source: The Natelson Dale Group, Inc. (TNDG).
2 These estimates were derived using the same data sources used for Chino (as described in the previous footnote). 165

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4 Chapter 1: Introduction
This report presents the plan for service and fiscal analysis of the proposed annexation of the East End Annexation Area (EEAA), including the Philadelphia Street Industrial Center (PSIC) development, into the City of Chino. The overall EEAA totals approximately 46.48 acres in the County of San Bernardino unincorporated area, adjacent to the city of Chino boundary and within the city’s sphere of influence. The PSIC site totals 3.2 acres and is a part of the larger EEAA. The PSIC property consists of mostly vacant land with an existing single-family residential structure (see Figure 1). The Project developer for the PSIC proposes to construct 60,000 square feet of industrial space on the property.

Purpose of the study
The Local Agency Formation Commission (LAFCo) for San Bernardino County requires a Plan For Service and Fiscal Impact Analysis (Analysis) be prepared when a jurisdiction is affected by a proposed change such as the annexation proposed for this Project. According to the San Bernardino LAFCO Policy and Procedure Manual (2020), the Analysis needs to address:

A. A description of the level and range of each service to be provided to the affected territory.

B. An indication of when the service can be feasibly extended to the affected territory.

C. An identification of any improvement or upgrading of structures, roads, water or sewer facilities, other infrastructure, or other conditions the affected agency would impose upon the affected territory.

D. The Plan shall include a Fiscal Impact Analysis which shows the estimated cost of extending the service and a description of how the service or required improvements will be financed. The Fiscal Impact Analysis shall provide, at a minimum, a five (5)-year projection of revenues and expenditures. A narrative discussion of the sufficiency of revenues for anticipated service extensions and operations is required.

E. An indication of whether the annexing territory is, or will be, proposed for inclusion within an existing or proposed improvement zone/district, redevelopment area, assessment district, or community facilities district [does not apply to this analysis].

F. If retail water service is to be provided through this change, provide a description of the timely availability of water for projected needs within the area based upon factors identified in Government Code Section 65352.5 (as required by Government Code Section 56668(k)).

In keeping with the LAFCo guidelines, the cost and revenue categories included in this report reflect costs and revenues associated with municipal functions that would be absorbed by the City upon annexation of the Project. Within the City’s budget, this includes amounts for a broad range of General Fund-related activities plus specific functions associated with, primarily, the Public Works Department. The intent is to align cost categories with corresponding revenue sources, tabulating the effects on each due to the annexation. Additional discussion pertaining to the conceptual basis for the figures used in the analysis is provided in table footnotes.

Figures 1-1 and 1-2 below show Chino and the annexation area, respectively. 166

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5 FIGURE 1-1. REGIONAL LOCATION
Sources: The Natelson Dale Group, Inc.; US Census; Open Street Map CC By 4.0 167

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6 FIGURE 1-2. EEAA ANNEXATION AREA
Sources: The Natelson Dale Group, Inc.; US Census; Open Street Map CC By 4.0; San Bernardino County GIS 168

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7 Organization of the Report
Chapter 2 includes a description of the Project’s planned improvements and information pertaining to property taxes associated with the Project. Chapter 3 addresses conditions pertaining to public facilities/services before and after the proposed annexation. Chapter 4 derives cost and revenue projection factors from the City’s budget, for purposes of the fiscal impact forecasts. Chapter 5 summarizes the fiscal impacts related to the proposed annexation area. Chapter 6 presents the one-time fees and charges that would be paid to the City by the Project. Supporting fiscal documentation is shown in Appendix A. 169

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8 Chapter 2: Project Description
Planned Improvements
Within the PSIC portion of the EEAA, the Developer proposes to construct 60,000 square feet of industrial space on a 3.2-acre site. Whereas a specific development project is currently proposed for the PSIC, potential development for the balance of the EEAA is unknown at this time. However, since the City will require annexation of the overall EEAA as a single “project” for LAFCo purposes, this analysis evaluates the potential fiscal impacts of the specific land uses proposed for the PSIC and an assumed land use mix for the balance of the EEAA. In this regard, the analysis assumes that an additional 100,000 square feet of industrial space (i.e., over and above the PSIC Project) would be developed within the 5-year forecast horizon required by LAFCo. Thus, the analysis considers total EEAA development (including the PSIC) of 160,000 square feet of industrial space. See Table 2-1 for the assumed phasing of this development.

TABLE 2-1. PROJECT DESCRIPTION
CHINO EEAA AND PSIC: PLAN FOR SERVICE AND FISCAL ANALYSIS Phasing of future development (5 years): Year 1 Year 2 Year 3 Year 4 Year 5 Total Industrial Buildings (square feet) PSIC (Building 1) 25,000 0 0 0 0 25,000 PSIC (Building 2) 19,500 0 0 0 0 19,500
PSIC (Building 3) 15,500 0 0 0 0 15,500
EEAA 0 25,000 25,000 25,000 25,000 100,000
Total 60,000 25,000 25,000 25,000 25,000 160,000
Cumulative 60,000 85,000 110,000 135,000 160,000
Acres Absorbed During Year 3.20 1.33 1.33 1.33 1.33
Cumulative acres absorbed 3.20 4.53 5.87 7.20 8.53
Total Dwelling Units (beginning of year) 3 2 2 2 2
Dwelling Units Demolished During Year 1 0 0 0 0
Total Dwelling Units (end of year) 2 2 2 2 2
Cumulative Population by Year 7 7 7 7 7
New Employees per Year 40 17 17 17 17
Cumulative Employees per Year 40 57 73 90 107
Total Service Population by Year 27 35 44 52 60
Sources: The Natelson Dale Group, Inc.; Developer
The indicated numbers of employees reflect an assumed employment density of one job per 1,500 square feet of industrial space. The “service population” numbers assume that on “daytime” employee is equivalent to 50% of a full-time City resident in terms of demand on public services.

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9 Table 2-2 below provides a summary of the public streets that would become the City’s maintenance responsibility upon annexation of the EEAA. The City-maintained streets would include existing streets currently maintained by the County, as well some additional lanes that would be developed at some future date. Per City staff, the new lanes would mostly likely be developed after the five-year timeframe for this analysis. However, in order to fully account for this potential cost, the analysis assumes that the new lanes would be operational by Year 5. The analysis assumes that any new internal streets (i.e., developed within individual business parks) would be privately maintained.

TABLE 2-2. PUBLICLY MAINTAINED INFRASTRUCTURE
CHINO EEAA AND PSIC: PLAN FOR SERVICE AND FISCAL ANALYSIS Off-Site Roads to be Maintained by City
Street Segment Length
Existing Lanes
to be Annexed
Future Lanes
to be Developed
East End Avenue – from 660’
South of Philadelphia Street to
Philadelphia Street, west half
660’ 1 lane
(0.125 lane miles)
1 lane
(0.125 lane miles)
East End Avenue – from
Philadelphia Street to Francis
Avenue, west half (existing)
1,000’ 2 lanes
(0.379 land miles)
East End Avenue – from
Philadelphia Street to Francis
Avenue, west half (future
widening)
1,660’ 1 lane
(0.314 lane miles)
1 lane
(0.314 lane miles)
Philadelphia Street – county line
to channel, north half
460’ 1 lane
(0.087 lane miles)
1 lane
(0.087 lane miles)
Philadelphia Street – channel to
East End Avenue, full width
680’ 2 lanes
(0.258 lane miles)
2 lanes
(0.258 lane miles)
Francis Avenue – county line to
East End Avenue, south half
525’ 1 lane
(0.099 lane miles)
1 lane
(0.099 lane miles)
Totals 4,985’ 1.262 lane miles 0.883 lane miles
5-Year Projection Year 1 Year 2 Year 3 Year 4 Year 5
New Publicly Maintained Road Lineal Miles1 On-Site: New Internal Roads 0.00 0.00 0.00 0.00 0.00 Off-Site: Subdivision's Share of New Off-Site Roads,
Lane-miles 1.56 0.00 0.00 0.00 0.00
Total New Road Lineal Lane-Miles 1.56 0.00 0.00 0.00 0.00 Cumulative lane miles 1.56 1.56 1.56 1.56 1.56
Source: The Natelson Dale Group, Inc.; Developer
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10 Assessed Valuation and Property Tax
Table 2-3 shows the projected assessed valuation of the Project, and various property tax implications. The assessed valuation is based on a projected development value (including land and improvements) of $180 per square foot of industrial building area.

TABLE 2-3. PROJECTED ASSESSED VALUATION AND PROPERTY TAX CHINO EEAA AND PSIC: PLAN FOR SERVICE AND FISCAL ANALYSIS Year 1 Year 2 Year 3 Year 4 Year 5 Total
Industrial Buildings (square feet)
PSIC 60,000 0 0 0 0 60,000
EEAA 0 25,000 25,000 25,000 25,000 100,000
Total 60,000 25,000 25,000 25,000 25,000 160,000
Cumulative 60,000 85,000 110,000 135,000 160,000
Assessed Valuation
Assessed Value of Undeveloped
Land (beginning of year) $21,073,673 $19,609,906 $19,000,003 $18,390,100 $17,780,197 Assessed Value of New
Development $10,800,000 $4,500,000 $4,500,000 $4,500,000 $4,500,000 Adjustment for Previous AV of
Developed Land ($1,463,767) ($609,903) ($609,903) ($609,903) ($609,903) Net Annual Change in Assessed
Valuation $9,336,233 $3,890,097 $3,890,097 $3,890,097 $3,890,097 Cumulative New Valuation (for
Property Tax calculations) $30,409,906 $34,300,003 $38,190,100 $42,080,197 $45,970,294 Projected Property Tax
Cumulative 1 Percent Tax Levy $304,099 $343,000 $381,901 $420,802 $459,703 City (half-share scenario) $16,421 $18,522 $20,623 $22,723 $24,824 City (full-share scenario) $32,843 $37,044 $41,245 $45,447 $49,648 Projected VLF-Property Tax In Lieu
Total Valuation for Purposes of
VLF-Property Tax In Lieu1 $9,336,233 $13,226,330 $17,116,427 $21,006,524 $24,896,621 Total Annual VLF-Property Tax
In Lieu2$6,478 $9,177 $11,875 $14,574 $17,273
Chino Valley Fire District Payment (cost to City 's General Fund) City "make whole" payment to
Fire District3$1,192 $1,345 $1,497 $1,650 $1,802
Notes:

1. See Table 4-2.

2. See Table 4-2.

3. Fire protection for the project area is currently provided by the Chino Valley Fire District, and the District will continue to serve the project area after annexation. Upon annexation, the City will be required to make the Fire District whole to

15.071154% of the 1% property tax. The Fire District’s existing share in this Tax Rate Area is 14.679153%. The difference (0.392001%) is reflected in this analysis as an added General Fund cost to the City.

Source: The Natelson Dale Group, Inc.; Developer; San Bernardino County Assessor, Property Information Management System (PIMS), Year 2022 TaxRoll.
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11 Table 2-4 shows the assessed valuation of the Project site as it currently exists (as of Year 2022 Tax Roll).

TABLE 2-4. ESTIMATED EXISTING ASSESSED VALUATION OF ANNEXATION AREA CHINO EEAA AND PSIC: PLAN FOR SERVICE AND FISCAL ANALYSIS Parcel Information Category Values
2022 Assessed Valuation:

EEA PSIC Total
Land $9,830,471 $2,165,840 $11,996,311
Improvement $9,091,362 $191,891 $9,091,362
Exemptions Homeowner $14,000 $0 $14,000
Special $0 $0 $0
Net Value $18,907,833 $2,357,731 $21,073,673
Acres (per Parcel Map) 43.28 3.20 46.48
Tax Rate Area(s)
61101,
61105,
61102 61102
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12 Chapter 3: Public Facilities/Services Before and After Annexation Current and anticipated providers of government services related to annexation of the EEAA are shown on Table 3-1 on the next page. The primary service categories in which the provider will change with annexation are: General Government Services, Community Development, Police, and Health and Welfare.

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13 TABLE 3-1. CURRENT AND ANTICIPATED PROJECT SERVICE PROVIDERS CHINO EEAA AND PSIC: PLAN FOR SERVICE AND FISCAL ANALYSIS Service Current Service Provider Anticipated Service Provider General Government Services:

Finance San Bernardino County City of Chino
Human resources San Bernardino County City of Chino
Business registration San Bernardino County City of Chino Community Development:

Planning San Bernardino County City of Chino
Building & safety San Bernardino County City of Chino
Code compliance San Bernardino County City of Chino
Fire and Paramedic Chino Valley Fire District Chino Valley Fire District Sheriff/Police San Bernardino County Sheriff City of Chino Police Department
Library San Bernardino County Library San Bernardino County Library Parks and Recreation:

Local facilities City of Chino City of Chino
Regional facilities San Bernardino County San Bernardino County Animal Control IVHS service area IVHS contract
Street Lighting and Traffic Signals San Bernardino County City of Chino Landscape Maintenance N/A N/A
Water:

Domestic water Monte Vista Water District Monte Vista Water District Recycled water N/A N/A
Irrigation water N/A N/A
Water quality San Bernardino County City of Chino, Public Works, Environmental Division
Sewer Septic City of Chino
Transportation:

Freeways and interchanges Cal Trans Cal Trans
Arterials and collectors
City of Chino (south half of Philadelphia/east
half of East End); County
City / County (centerline of
Philadelphia/East End); City of
Chino (south half of Francis)
Local roads N/A - no existing local roads City of Chino Transit Omnitrans Omnitrans
Flood Control and Drainage:

Local facilities San Bernardino County Flood Control District San Bernardino County Flood Control District
Regional facilities San Bernardino County Flood Control District San Bernardino County Flood Control District
Utilities:

Cable/internet/telephone Time Warner Cable Time Warner Cable Power SCE SCE
Natural gas So Cal Gas So Cal Gas
Schools Chino Valley Unified Chino Valley Unified
Solid Waste Management Waste Management (individual accounts) City of Chino Contract with Waste Management
Health and Welfare San Bernardino County Department of Public Health
San Bernardino County
Department of Public Health
Sources: The Natelson Dale Group, Inc.; Various Websites 175

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14 Chapter 4: City of Chino Fiscal Analysis Assumptions The general approach to conducting the fiscal impact assessment includes the following steps:

1. Establishing baseline population, employment, and similar conditions that apply to the annexing city, including a determination of appropriate city “service populations,” in this case a combination of residents and workers.

2. Compiling data on costs and revenues for relevant categories of city services from budget documents.

3. Determining and applying methods for projecting these costs and revenues within a process appropriate for the analysis of the Project-specific fiscal impacts.

The application of these three steps to this analysis is addressed in the rest of this chapter.

Baseline Population and Employment
Population and employment figures applied to this analysis are shown on Table 4-1. Notes accompanying the table describe the data sources and rationale applied to deriving the relevant figures.

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15 TABLE 4-1. CITY POPULATION, HOUSING AND EMPLOYMENT ASSUMPTIONS CHINO EEAA AND PSIC: PLAN FOR SERVICE AND FISCAL ANALYSIS Variable Description Applied values
Population and Housing1 Total population 91,998
Household Population 87,854
Single Family Units 21,337
Multi-Family Units 6,266
Other Units 634
Total Housing Units 28,237
Occupied Housing Units 27,101
Average Citywide Household Size 3.24
Employment
Total Employment in the City2 41,165
Estimated Service Population3
Total Population 87,854
Estimated Effective Employment (at 50 percent of workers) 20,583 Estimated Daily Total Service Population 108,437
Notes:

1. Source is California Department of Finance (DOF), Table 2: E-5 City/County Population and Housing Estimates, 1/1/2022.

2. The total City employment is from the "2022 City of Chino Spatial and Statistical Summary" published by the Southern California Association of Governments (SCAG).

3. The service population consists of the estimated resident population plus 50 percent of workers, to account for the estimated less frequent use of City services by this group.

Sources: The Natelson Dale Group, Inc.; State of California, Department of Finance, E-5 Population and Housing Estimates for Cities, Counties and the State, January 1, 2020-2022, Sacramento, California, May 2022; Southern California Association of Governments (SCAG). 177

CHINO EAST END ANNEXATION AREA (EEAA) AND PHILADELPHIA STREET INDUSTRIAL CENTER (PSIC) DEVELOPMENT: PLAN FOR SERVICE AND FISCAL ANALYSIS
The Natelson Dale Group Inc.
16 City Revenue Data
Table 4-2 shows revenues for relevant line items in the City of Chino Budget, along with the factors that are derived for projecting the annexation area’s potential effects on these revenues.

TABLE 4-2. GENERAL FUND AND OTHER RELEVANT ACCOUNTS, RECURRING REVENUE FACTORS AND PROJECTION FACTORS CHINO EEAA AND PSIC: PLAN FOR SERVICE AND FISCAL ANALYSIS Revenue Source
Chino
Budget
Property Taxes $12,769,537 5.40% of City share of 1% levy Property Taxes $12,769,537 Full share scenario 10.80% of City share of 1% levy VLF - Property Tax In Lieu2
$12,019,000 $694 per $1,000,000 assessed
valuation
Property Transfer Tax $750,000 0.0% X $0.55 per $1,000 assessed valuation
Taxable Sales $0.00 per square foot

1.0% of sales tax
Use Tax $4,101,128 12.3% of sales tax
Proposition 172 (Half-Cent
Sales Tax)4
$1,100,000 $29.34 per $1,000 of City sales and
use tax
Measure I 2010-2040 (HalfCent Sales Tax)5
$2,240,422 $59.76 per $1,000 of City sales and
use tax
Franchise Fees $3,342,245 Service Population = 108,437 $30.82 per capita, service population Charges for Services $415,534 Service Population = 108,437 $3.83 per capita, service population Fines and Forfeitures $716,580 Service Population = 108,437 $6.61 per capita, service population Transfers In:

Gas Tax Fund $0 Population = 91,998 $0.00 per capita
General Fund: Transfers
in from Other Funds $4,052,245 Service Population = 108,437 $37.37 per capita, service population $17,323,282,962
$12,019,000
$693.81
$37,490,128
$1,100,000
$29.34
$37,490,128
$2,240,422
$59.76
Annual Projection Factors:

Figures and Units
City sales tax revenue
Use Tax as Percent of Sales Tax
Property Turnover and Valuation
Assumptions
Case Study
Half share scenario
Projection Basis1
Measure I Revenues for 2021-2022

4. See table below for calculation of estimate.

Citywide Sales & Use Tax FY 2021-2022
Proposition 172 Tax

5. See table below for calculation of estimate.

Total City Sales and
Use Tax = $37,490,128
Notes:

1. See Table 4-1 for explanation of service population.

2. See table below for calculation of estimate.

Citywide A.V. FY 2021-2022
VLF In-lieu FY 2021-2022
VLF per $1 million in new AV:

Sales and Use Tax $33,389,000
Citywide Sales & Use Tax FY 2019-2020
Proposition 172 Tax per $1,000 Sales and
Use Tax:

Measure I 2010-2040 Tax per $1,000 of
Sales and Use Tax:

Sources: The Natelson Dale Group, Inc.; City of Chino Projected Budget for Fiscal Year 2021-2022. 178

CHINO EAST END ANNEXATION AREA (EEAA) AND PHILADELPHIA STREET INDUSTRIAL CENTER (PSIC) DEVELOPMENT: PLAN FOR SERVICE AND FISCAL ANALYSIS
The Natelson Dale Group Inc.
17 City Cost Data
Table 4-3 shows costs for relevant line items in the City of Chino Budget, along with the factors that are derived for projecting the annexation area’s potential effects on these costs, for use in a subsequent table.

TABLE 4-3. GENERAL FUND AND OTHER RELEVANT ACCOUNTS, RECURRING COST FACTORS AND PROJECTION FACTORS CHINO EEAA AND PSIC: PLAN FOR SERVICE AND FISCAL ANALYSIS Cost Category Chino
Budget Net Cost1 Projection Basis2 Annual Projection Factors: Figures and Units General
Government3$51,184,891 $38,388,668 See Table 4-4 17.5% of direct line costs Police
Protection $42,984,745 $40,927,380 Service population = 108,437 $377.43 per service population Community
Services $8,279,109 $8,279,109 Service population = 87,854 $94.24 per capita Development
Services4$12,085,926 $208,838 Service population = 108,437 $1.93 per service population Public Works:

Street
Maintenance5$5,151,976 n/a Lane-Miles of Streets = 670 $7,690 per lane-mile Public Works
Administration $294,496 $294,496 Service population = 108,437 $2.72 per service population Notes:

1. Generally, assumed to be the difference between general tax-based funds and funds from other sources.

2. Estimated service population is described in notes on Table 4-1

3. The general government overhead rate is estimated on Table 4-4.

4. Net Development Services costs include reductions for projected one-time revenues. See Appendix Table A-1.

5. Includes Budget figures for Asphalt Maintenance, Residential Street Overlay, ROW maintenance, and Street Sweeping.

Sources: The Natelson Dale Group, Inc.; City of Chino, Fiscal Year 2021-2022 Projected Budget Table 4-4 (on the next page) shows the derivation of the estimate of the general government overhead rate, used to calculate the estimate of the General Government cost factor on Tables 5-3a and 5-3b. 179

CHINO EAST END ANNEXATION AREA (EEAA) AND PHILADELPHIA STREET INDUSTRIAL CENTER (PSIC) DEVELOPMENT: PLAN FOR SERVICE AND FISCAL ANALYSIS
The Natelson Dale Group Inc.
18 TABLE 4-4. CALCULATION OF CITY GENERAL GOVERNMENT OVERHEAD RATE CHINO EEAA AND PSIC: PLAN FOR SERVICE AND FISCAL ANALYSIS Funds
Projected
FY 2021-2022
Expenditures
General
Government
Non-General
Government
General Government
Administration, General Fund Expenditures Legislative $696,536 $696,536 City Attorney $45,000 $45,000
City Manager $886,559 $886,559
City Clerk $522,407 $522,407
Community Promotion $316,646 $316,646
State of the City $52,217 $52,217
Community Services Corps $7,100 $7,100
Finance Dept. (less payments to Fire District) $5,381,425 $5,381,425 Human Resources Department $77,560 $77,560
Internal Service Funds (Non-General Funds) 610 - Central Services $3,327,339 $3,327,339 630 - Liability Insurance $3,635,079 $3,635,079
640 - Employee Benefits $26,332,109 $26,332,109
650 - Building Management $4,815,231 $4,815,231
660 - Equipment Management $5,089,683 $5,089,683
General Government Total $51,184,891 $51,184,891
All Funds Total $271,143,133 Non-General Government $219,958,242 Current General Government Overhead Rate 23.3%
Adjusted Overhead Rate, at % of total = 75% 17.5%
Overhead Amount $38,388,668
Notes:

1. General government costs for the Project are not expected to increase on a one-to-one basis.

Therefore, an overhead rate adjustment is used, set at 75 percent.

Sources: The Natelson Dale Group, Inc.; City of Chino Projected Budget for Fiscal Year 2021-2022. 180

CHINO EAST END ANNEXATION AREA (EEAA) AND PHILADELPHIA STREET INDUSTRIAL CENTER (PSIC) DEVELOPMENT: PLAN FOR SERVICE AND FISCAL ANALYSIS
The Natelson Dale Group Inc.
19 Chapter 5: Fiscal Impacts of Annexation Area
A summation of the annexation area’s projected annual recurring revenues and costs, for the categories listed above, is shown on Table 5-1 below. Based on the conservative revenue assumptions used in this analysis (as described further below), the annexation area would:

Under more favorable revenue assumptions (see discussion of potential sales tax revenues below), the annexation area would potentially generate a significantly larger annual surplus for the City (even under the “half share” property tax scenario). TABLE 5-1. SUMMARY OF ANNUAL FISCAL IMPACTS AT BUILDOUT Annual Impact at Buildout
Property Tax Scenario
Half Share Full Share
Total Recurring Revenues $46,842 $71,665
Total Recurring Costs $49,024 $49,024
Annual Recurring Surplus/Deficit -$2,183 $22,641
Source: Table 5-3a and Table 5-3b.

Whereas most revenue sources associated with the project are reasonably predictable based on standard development assumptions, one key revenue item – sales tax – can vary widely for industrial buildings based on the specific tenant type(s) occupying the space. Some industrial businesses generate substantial sales tax revenue (due to “point of sale” business activities) while some industrial tenants generate little or no sales tax. Based on available data, The Natelson Dale Group, Inc. (TNDG) estimates that existing industrial space in the combined Chino/Chino Hills area generates average taxable sales of $32.20 per square foot of building area.3
Given that specific tenants are not currently known for the PSIC or the overall EEAA, it is reasonable to expect that the tenant mix (and therefore the level of sales tax generation) for project would mirror the overall makeup of Chino’s industrial market. However, in order to remain analytically conservative (per direction from City staff), the fiscal analysis assumes that no sales tax revenue would be generated by the proposed project.

Based on estimated industrial sales tax generation in other Inland Empire cities, TNDG believes that it is highly likely that the proposed project would generate significant taxable sales. TNDG estimates industrial 3 This factor was derived from two sources: 1) total taxable sales during Calendar Year 2021 in the “All Other Outlets” (i.e., non-retail) sales category as reported by the California Department of Tax and Fee Administration and 2) total square feet of industrial buildings in Chino/Chino Hills as reported by Kidder Matthews (Q2 2022 industrial “Market Trends” report for the Inland Empire). Specifically, total taxable sales of $1,758,858,921 divided by a total industrial inventory of 54,627,425 square feet equals average taxable sales of $32.20 per square foot. 181

CHINO EAST END ANNEXATION AREA (EEAA) AND PHILADELPHIA STREET INDUSTRIAL CENTER (PSIC) DEVELOPMENT: PLAN FOR SERVICE AND FISCAL ANALYSIS
The Natelson Dale Group Inc.
20 taxable sales PSF in other key Inland Empire sub-markets as follows4: Corona ($53.24), Fontana ($14.19), Jurupa Valley ($20.33), Moreno Valley ($8.83), Ontario ($32.38), Perris ($9.12), Rancho Cucamonga ($21.51), Redlands ($7.08), Rialto ($40.77), Riverside ($32.55), and San Bernardino ($16.86). The weighted average for these 12 sub-markets is $25.11 per square foot.

TABLE 5-2. COMPARISON OF NET FISCAL IMPACTS AT BUILDOUT

BY SALES TAX AND PROPERTY TAX SCENARIO
Taxable Sales Assumptions
Property Tax Scenario
Half Share Full Share
No Taxable Sales -$2,183 $22,641
Taxable Sales @ $25.11/square foot $41,573 $66,397
Taxable Sales @ $32.20/square foot $53,928 $78,752
Source: The Natelson Dale Group, Inc. (TNDG).
4 These estimates were derived using the same data sources used for Chino (as described in the previous footnote). 182

CHINO EAST END ANNEXATION AREA (EEAA) AND PHILADELPHIA STREET INDUSTRIAL CENTER (PSIC) DEVELOPMENT: PLAN FOR SERVICE AND FISCAL ANALYSIS
The Natelson Dale Group Inc.
21 TABLE 5-3A. DETAILED PROJECTED RECURRING FISCAL IMPACTS “HALF SHARE” PROPERTY TAX SCENARIO
CHINO EEAA AND PSIC: PLAN FOR SERVICE AND FISCAL ANALYSIS Category
Annexation Area
Year 1 Year 2 Year 3 Year 4 Year 5
% of
Total
(Yr. 5)
General Fund and Relevant Other Accounts, Annual Recurring Revenues Property Taxes $16,421 $18,522 $20,623 $22,723 $24,824 53.0% VLF-Property Tax in Lieu $6,478 $9,177 $11,875 $14,574 $17,273 36.9% Property Transfer Tax $0 $0 $0 $0 $0 0.0%
On-Site Sales and Use Tax $0 $0 $0 $0 $0 0.0%
Proposition 172 Half Cent Sales Tax $0 $0 $0 $0 $0 0.0% Measure I 2010-2040 Half Cent Sales Tax $0 $0 $0 $0 $0 0.0% Franchise Fees $832 $1,089 $1,346 $1,603 $1,860 4.0%
Charges for Services $103 $135 $167 $199 $231 0.5%
Fines $178 $233 $289 $344 $399 0.9%
Transfers In: State Gas Tax $0 $0 $0 $0 $0 0.0%
Transfers In: From Other City Funds $1,009 $1,320 $1,632 $1,943 $2,255 4.8% Total Recurring Revenues $25,022 $30,477 $35,932 $41,387 $46,842 100.0% General Fund and Relevant Other Accounts, Annual Recurring Costs General Government $3,609 $4,165 $4,721 $5,276 $7,017 14.3% Police Protection $10,191 $13,336 $16,481 $19,626 $22,772 46.4% Community Services $660 $660 $660 $660 $660 1.3%
Community Development $52 $68 $84 $100 $116 0.2%
Public Works: Street Maintenance $9,704 $9,704 $9,704 $9,704 $16,494 33.6% Public Works: Other Costs $73 $96 $119 $141 $164 0.3%
Chino Valley Fire District (tax adjustment) $1,192 $1,345 $1,497 $1,650 $1,802 3.7% Total Recurring Costs $25,481 $29,373 $33,265 $37,157 $49,024 100.0% Annual Recurring Surplus/Deficit -$459 $1,104 $2,666 $4,229 -$2,183 Revenue/Cost Ratio 0.98 1.04 1.08 1.11 0.96
Sources: Tables 4-1, 4-2 and 4-3.
183

CHINO EAST END ANNEXATION AREA (EEAA) AND PHILADELPHIA STREET INDUSTRIAL CENTER (PSIC) DEVELOPMENT: PLAN FOR SERVICE AND FISCAL ANALYSIS
The Natelson Dale Group Inc.
22 TABLE 5-3B. DETAILED PROJECTED RECURRING FISCAL IMPACTS “FULL SHARE” PROPERTY TAX SCENARIO
CHINO EEAA AND PSIC: PLAN FOR SERVICE AND FISCAL ANALYSIS Category
Annexation Area
Year 1 Year 2 Year 3 Year 4 Year 5
% of
Total
(Yr. 5)
General Fund and Relevant Other Accounts, Annual Recurring Revenues Property Taxes $32,843 $37,044 $41,245 $45,447 $49,648 69.3% VLF-Property Tax in Lieu $6,478 $9,177 $11,875 $14,574 $17,273 24.1% Property Transfer Tax $0 $0 $0 $0 $0 0.0%
On-Site Sales and Use Tax $0 $0 $0 $0 $0 0.0%
Proposition 172 Half Cent Sales Tax $0 $0 $0 $0 $0 0.0% Measure I 2010-2040 Half Cent Sales Tax $0 $0 $0 $0 $0 0.0% Franchise Fees $832 $1,089 $1,346 $1,603 $1,860 2.6%
Charges for Services $103 $135 $167 $199 $231 0.3%
Fines $178 $233 $289 $344 $399 0.6%
Transfers In: State Gas Tax $0 $0 $0 $0 $0 0.0%
Transfers In: From Other City Funds $1,009 $1,320 $1,632 $1,943 $2,255 3.1% Total Recurring Revenues $41,443 $48,999 $56,554 $64,110 $71,665 100.0% General Fund and Relevant Other Accounts, Annual Recurring Costs General Government $3,609 $4,165 $4,721 $5,276 $7,017 14.3% Police Protection $10,191 $13,336 $16,481 $19,626 $22,772 46.4% Community Services $660 $660 $660 $660 $660 1.3%
Community Development $52 $68 $84 $100 $116 0.2%
Public Works: Street Maintenance $9,704 $9,704 $9,704 $9,704 $16,494 33.6% Public Works: Other Costs $73 $96 $119 $141 $164 0.3%
Chino Valley Fire District (tax adjustment) $1,192 $1,345 $1,497 $1,650 $1,802 3.7% Total Recurring Costs $25,481 $29,373 $33,265 $37,157 $49,024 100.0% Annual Recurring Surplus/Deficit $15,962 $19,626 $23,289 $26,953 $22,641 Revenue/Cost Ratio 1.63 1.67 1.70 1.73 1.46
Sources: Tables 4-1, 4-2 and 4-3.
184

CHINO EAST END ANNEXATION AREA (EEAA) AND PHILADELPHIA STREET INDUSTRIAL CENTER (PSIC) DEVELOPMENT: PLAN FOR SERVICE AND FISCAL ANALYSIS
The Natelson Dale Group Inc.
23 Chapter 6: Project One-Time Fees and Charges
Table 6-1 below provides a preliminary estimate of one-time development impact fees that the EEAA annexation would generate for the City of Chino and the Chino Valley Unified School District.

TABLE 6-1. ONE-TIME IMPACT AND OTHER DEVELOPMENT FEE PAYMENTS CHINO EEAA AND PSIC: PLAN FOR SERVICE AND FISCAL ANALYSIS Impact Fees
Unit
Measure Price Quantity Amount
City of Chino Law Enforcement Facilities, Industrial Square feet $0.05 160,000 $8,000 Fire Protection Facilities, Industrial Square feet $0.04 160,000 $6,400 Circulation (Streets, Signals and Bridges) System Square feet $2.31 160,000 $369,600 Storm Drain Collection, Industrial Square feet $0.52 160,000 $83,200 Water Storage and Distribution, Industrial1Square feet $0.54 160,000 $86,400 Sewage Collection System, Industrial Square feet $0.10 160,000 $16,000 General Facilities, Industrial Square feet $0.06 160,000 $9,600 Public Use Facilities, Industrial Square feet $0.00 160,000 $0 Capital Impact Administration Charge Percentage 12% $69,504 School Fee
Chino Valley Unified School District Square feet $0.64 160,000 $102,400 Total, Impact Fees $751,104
185

CHINO EAST END ANNEXATION AREA (EEAA) AND PHILADELPHIA STREET INDUSTRIAL CENTER (PSIC) DEVELOPMENT: PLAN FOR SERVICE AND FISCAL ANALYSIS
The Natelson Dale Group Inc.
24 Appendix A: Supporting Fiscal Documentation
TABLE A-1. GENERAL FUND NET COMMUNITY DEVELOPMENT COST FACTORS CHINO EEAA AND PSIC: PLAN FOR SERVICE AND FISCAL ANALYSIS Category Amount
A. DEVELOPMENT SERVICES
Total Development Services Expenditures $12,085,926
One-Time Processing Fees/Permits:

Building Permits/Code Enforcement Fees $4,976,645
Planning Fees $818,898
Development Fees/Permits $6,081,545
Total One-Time Revenues $11,877,088
Recurring Net Community Development Costs $208,838
Service Population1108,437
Citywide Net Cost Factor per Service Population for Community Development $1.93 B. PUBLIC WORKS ADMINISTRATION
Public Works Administration $294,496
Service Population1108,437
Citywide Net Cost Factor per Service Population for Other Public Works $2.72 Note:

1. See Table 4-1.

Sources: The Natelson Dale Group, Inc.; City of Chino Projected Budget for Fiscal Year 2021-2022. 186
RESOLUTION NO. PC2023-021

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

CHINO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCL OF

THE CITY OF CHINO ADOPT A MITIGATED NEGATIVE DECLARATION FOR THE ANNEXATION/PREZONE (PL20-0003), SITE APPROVAL
(PL20-0004) AND TENTATIVE PARCEL MAP NO. 20174 (PL20-0005)

FOR THE PHILADELPHIA STREET INDUSTRIAL DEVELOPMENT
PROJECT AND EAST END ANNEXATION.

WHEREAS, in compliance with the California Environmental Quality Act (CEQA), LSA Associates, Inc. has prepared the Philadelphia Street Industrial Development Project and East End Annexation Mitigated Negative Declaration (MND), dated June 2023 for PL20-0003 (Prezone/Annexation), PL20-0004 (Site Approval), and PL20-0005 (Tentative Parcel Map No. 20174) ( Project ). The MND concludes the proposed Project will not have a significant adverse effect on the environment. Potentially significant effects were identified, and mitigation measures have been incorporated to ensure the effects remain at less than significant levels. The MND satisfies the requirements of the California Environmental Quality Act (CEQA) and the CEQA Guidelines (California Public Resources Code §§21000 et seq.; 14 Cal. Code Regs. §§ 15000 et seq.); and WHEREAS, the MND was circulated for a 20-day public review period from June 28, 2023 to July 18, 2023; and
WHEREAS, the proposed Project consists of a Prezone/Annexation, Site Approval and Tentative Parcel Map for properties generally located south of Francis Avenue, west of East End Avenue, north of Philadelphia Street, and a small portion south of Philadelphia Street (APNs: 1013-261-17, 1013-271-01, -10, -11, -06, -13, -14, 1013-521-04, -05, -11, -14, -15, -16, -18, 1013-531-04, -07, 1016-011-02, -03, -05, -06, -08, -09, -10, & -15) as fully described in Exhibits A and B ; and WHEREAS, prior to consideration and possible approval of the Project s applications, the Planning Commission has considered the proposed MND and any comments received during the public review process for the Project; and WHEREAS, the Planning Commission has completed its study of the MND and related materials; and
WHEREAS, on July 19, 2023, the Planning Commission held a duly noticed public hearing to consider the MND in compliance with State law, including compliance with the relevant provisions of the California Government Code and Chino Municipal Code, entertained the written and oral report of staff, and took public testimony on the Project.

NOW, THEREFORE, the Planning Commission of the City of Chino, California, does hereby FIND, DETERMINE, and RESOLVE as follows:
187
RESOLUTION NO. PC2023-021

Page 2 of 3 ends

Chino City CouncilOctober 3, 2023

Chino City Council
October 3, 2023