Those persons wishing to speak on any item included on the agenda, or on any matter within the subject matter jurisdiction of t he 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]
In compliance with the Americans with Disabilities Act, i f you require a reasonable accommodation to participate in this meeting, 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 hou rs at City Hall located at 13220 Central Avenue, Chino. In addition, such documents will be posted on the City’s webs ite at www.cityofchino.org.
CHINO CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
REGULAR MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY FEBRUARY 15, 2022
CLOSED SESSION – 6:00 PM
OPEN SESSION – 7:00 PM
AGENDA
ROLL CALL
Mayor Eunice M. Ulloa, Mayor Pro Tem Marc Lucio, Council Member Karen C. Comstock, Council Member Christopher Flores, Council Member Walt Pocock.
CLOSED SESSION PUBLIC COMMENTS
This is the time and place for the general public to address the City Council about the closed session items. Ordinance No. 97-08 (Chino Municipal Code Section 2.04.090) limits speakers to no more that five (5) minutes in which to address the Council, except as provided under Government Code 54954.3(b)(2).
CLOSED SESSION
1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR. Pursuant to Government Code Section 54956.8.
Property: 12931 Central Avenue (102004 -307-0000); 12921 and 12923 Central Avenue (102004-308-000)
Agency Negotiator: Matthew Ballantyne, City Manager
Negotiating Parties: Chong Su Yi and Randy K. Yi
Under Negotiations: Price and terms of potential acquisition
CHINO CITY COUNCIL
FEBRUARY 15, 2022 2
2. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Significant exposure to litigation pu rsuant to Paragraph (2 or 3) of Subdivision (d) of Government Code Section 54956.9: (1 case).
Claimant: Big Ben, Inc.
3. LIABILITY CLAIMS
Pursuant to Government Code Section 54956.95:
Claimant: Brickley Construction Company, Inc., dba Brickley Environmental Agency claimed against: City of Chino
FLAG SALUTE
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.
1. 2021-2022 Redistricting Process. Review, consider, and discuss the focus maps and select a preferred map.
Staff Report by: Jack Morgan, Assistant to the City Manager and Jeff Simonetti, National Demographics Corporation.
RECOMMENDATION: 1) Open the public hearing; 2) Con sider and discuss the focus maps detailed in the report; and 3) Select a preferred map.
CEREMONIALS
Presentations
Video Presentation – 2021 Spirit of Achievement Award.
Business of the Month for February 2022 – Sika.
Business of the Year Award for 2021 – Chino Valley Medical Center.
Planning Commission Awards for 2021 by Planning Commission Chair, Brandon Blanchard.
REPORT OUT OF CLOSED SESSION
AGENDA ADDITIONS/REVISIONS
PUBLIC ANNOUNCEMENTS
This is the time and place for th e 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).
CHINO CITY COUNCIL
FEBRUARY 15, 2022 3
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.
1. Warrants. Approve expenses as audited and within budget for warrants 758587 to 758751, and Electronic Fund Transfers 514542E to 514622E, totaling $3,895,498.61.
2. Minutes - Regular Meeting of February 1, 2022 (Pocock absent).
3. Elected City Officials’ Report Regarding Travel, Training, and Meetings . Receive and file the Elected City Officials' Report reflecting City Counci l business related expenses incurred by the City and forecast of future events and trainings.
4. Citywide Legislative Policy . Adopt Resolution No. 2022 -013, approving a Citywide L egislative Policy.
5. Brand-Huang-Mendoza Tripartisan Land Use Initiative . Adopt Resolution No. 2022 -012, expressing the City of Chino's support for the "Brand -Huang-Mendoza Tripartisan Land Use Initiative" to amend Article XI of the California Constitut ion to make zoning and land use issues community affairs, and not of state interest.
6. Reclassification and Amendment to the City's Classification and Salary Schedule . Adopt Resolution No. 2022 -014, 1) adding one Public Safety Dispatcher Supervisor posi tion to the Police Department and 2) reclassifying the Development Services Department's position of Administrative Secretary to Management Assistant and position of Secretary to Clerk Typist II.
7. Master Contract - Chino Valley Unified School District. Approve a $25,000 contract amendment to the McKinney -Vento Case Management Master Contract with the Chino Valley Unified School District.
8. California Water and Wastewater Arrearage Payment Program Grant Acceptance . Accept and approve the use of $749,5 78.02 of grant funds (G4067) as outlined by the State of California under t he California Water and Wastewater Arrearage Payment Program to pay past due monthly bills for water service.
9. The Preserve Development Agreement – Partial Assignment and Assumpt ion. Approve an Assumption and Partial Assignment of the Preserve Developm ent Agreement between the City of Chino, a municipal corporation; Chino Development Corporation, a California corporation; and Richmond American Homes of Maryland, Inc., a Maryland corporation.
10. Public Improvement Agreement for Offsite Improvements for Future School Site (The Preserve).
Approve a Public Improvement Agreement with Chino Preserve Development Corporation for the construction of off -site facilities supporting future development of the second school site generally located on the northeast c orner of East Preserve Loop and Market Street in The Preserve.
11. Final Acceptance of Public Improvements Tract Map No. 18971 -1 - Lennar Homes of California, Inc. (Berkshire). Accept the public improvements for Tract Map No.18971 -1, generally located on the north side of Eucalyptus Avenue between San Anton io Avenue and Fern Avenue, as complete and authorize release of the performance bond and initiate the warranty bond.
CHINO CITY COUNCIL
FEBRUARY 15, 2022 4
12. Reimbursement Agreement (PM 19830 & 19831) - Euclid/Kimball Partners, LP a Calif ornia General Partnership . Approve a Reimbursement Ag reement for public improvements associated with Parcel Map Nos. 19830 and 19831 with Euclid/Kimball Partners, LP, a California General Partnership located at 15723-15739 Euclid Avenue.
M _____ S _____ RC _____
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.
13. Majestic Spect rum Specific Plan Amendment (PL21 -0047). Amendment to the Majestic Spectrum Specific Plan to allow Animal Care as a conditionally permitted land use in the Regional Mall (RM) land use district.
Staff Report by: Warren Morelion, City Planner.
RECOMMENDATION: 1) Conduct a public hearing; and 2) approve the Introduction of Ordinance No. 2022 -002, adopting PL21 -0047 (Majestic Spectrum Specific Plan Amendment), to be read by number and title only and waive further reading of the Ordinance.
ORDINANCE NO. 2022-002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA,
AMENDING THE MAJESTIC SPECTRUM SPECIFIC PLAN LAND USE MATRIX TO ALLOW
FOR ANIMAL CARE TO BE A CONDITIONALLY PERMITTED USE WITHIN THE RM (REGIONAL MALL) LAND USE DISTRICT. PL2 1-0047 (MAJESTIC SPECTRUM SPECIFIC PLAN AMENDMENT).
M _____ S _____ RC _____
14. Eucalyptus Business Park Specific Plan Amendment (PL21 -0042). Adopt Resolution No. 2022 - 010 adopting an Addendum to the Eucalypt us Business Park Specific Plan Environmen tal Impact Report (SCH No. 1989070310) and approve the Introduction of Ordinance No. 2022 - 003, adopting PL21-0042 Eucalyptus Business Park Specific Plan Amendment Plan.
Staff Report by: Warren Morelion, City Planner.
RECOMMENDATION: 1) Conduct a public hea ring; 2) adopt Resolution No. 2022 -010 adopting an Addendum to the Eucalyptus Business Park Specific Plan Environmental Impact Report (SCH No. 1989070310); and 2) approve the Introduction of Ordinance No. 2022 -003, adopting PL21-0042 (Eucalyptus Business P ark Specific Plan Amendment), to be read by number and title only and waive further reading of the Ordinance.
ORDINANCE NO. 2022-003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA,
AMENDING THE EU CALYPTUS BUSINESS PARK SPECIFIC PLAN LAND USE DISTRICT
FROM BUSINESS PARK (BP) TO MANUFACTURING (M) FOR A PARCEL OF LAND LOCATED AT 4331 EUCALYPTUS AVENUE (APN 1025 -111-04) AND TO ALLOW
RECREATIONAL VEHICLE SALES AS A PERMITTED LAND USE WITHIN THE
EUCALYPTUS BUSINESS PARK SPECIFIC PLAN AUTO MALL (AM) LAND USE DESIGNATION. PL21 -0042 (EUCALYPTUS BUSINESS PARK SPECIFIC PLAN AMENDMENT).
CHINO CITY COUNCIL
FEBRUARY 15, 2022 5
M _____ S _____ RC _____
NEW BUSINESS
15. Argument In Support of Ballot Measure - June 7, 2022 Direct Primary Election . Argument In Support Of Ballot Measure Per Measure M to Adopt Overlay Strategies as part of the 2021 -29 Housing Element Update.
Staff Report by: City Attorney Fred Galante.
RECOMMENDATION: That the City Council review and approve the primary argument in fav or of the proposed ballot measure for submission to the voters.
M _____ S _____ RC _____
16. Award of Construction Contract - Yorba Avenue and Eucalyptus Avenue Sewer Main Replacement Project (SW211) . Appropriate $2,819,321 from the Sewer Fund to awa rd a construction contract in the amount of $4,468,330 to MNR Construction, Inc., for construction of the Yorba Avenue and Eucalyptus Avenue Sewer Main Replacement Project (SW211) and approve associated project expenses.
Staff Report by: Natalie Avila, Associate Engineer.
RECOMMENDATION: 1) Appro priate $2,819,321 from the unappropriated reserves of the Sewer Enterprise Fund 2) increase the SW211 project budget to $5,319,321; 3) Award a construction contract to MNR Construction, Inc. in the amount of $4,468, 330, for the construction of the Yorba Av enue and Eucalyptus Avenue Sewer Main Replacement Project; 4) authorize additional expenditures up to $446,833 for construction contingencies, for a potential total contract amount not to exceed $4,915,163; 5) appro ve additional expenditures for project management, geotechnical inspection services, construction management, and associated project expenses in an amount not to exceed $110,158; and 6) authorize the City Manager to execute the necessary documents on behalf of the City.
M _____ S _____ RC _____
17. Award of Contract - MS181 FY2021-22 Local Street Overlay Project. Award a contract to PALP DBA EXCEL PAVING Long Beach, CA in the amount of $1,190,605 for Project No. MS181 - Fiscal Year 2021-22 Local Street Overlay at 16th, 17th, and 18th Street s between Tronkeel and Serene Avenues and Serene Avenue from Benson Avenue to east of 18th Street.
Staff Report by: Maria Fraser, CIP Engineering Manager.
RECOMMENDATION: 1) Approve a Water Fund (520) budget transfe r of $289,643.81 from project WA161 to project MS181; 2) approve an increase of $289,643.81 to project MS181 for an amended project budget of $1,652,826.52; 3) award a construction contract in the amount of $1,190,605 to PALP DBA Excel Paving Long Beach, C A for Project MS181 FY 2021 -22 Local Street Overlay at 16th, 17th, and 18th Streets between Tronkeel and Serene Avenues and Serene Avenue from Benson Avenue to east of 18 th Street; 4) authorize expenditures of $119, 061 for construction contingencies, for a potential agreement amount not -to-exceed $1,309,666; 5) authorize expenditures of up to $119,061 for construction and engineering management, 59,531 for inspection costs; and 6) authorize the City Manager to execut e the necessary documents on behalf of the City.
M _____ S _____ RC _____
CHINO CITY COUNCIL
FEBRUARY 15, 2022 6
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 Lucio
Council Member Comstock
Council Member Flores
Council Member Pocock
City Manager's Report
City Attorney's Report
Police Chief's Report
Fire Chief's Report
ADJOURN IN MEMORY OF MONIQUE BERTERRETCHE
The next Regular Meeting of the City Council will be held on Tuesday, March 1, 2022 at 7:00 p.m. (Closed Session at 6:00 p.m. if necessary) in these Council Chambers.
I, Angela Robles, City Clerk of the City of Chino, hereby declare that on Friday, February 11, 2022 this agenda was posted on the south window of Chino City Hall and this agenda together with all of the agenda repor ts and related documents were posted on the City’s website at www.cityofchino.org by myself or under my direction.
_______________________________________
Angela Robles, City Clerk.
Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
ADMINISTRATION DEPARTMENT
COUNCIL MEETING DATE: FEBRUARY 15, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: JACK MORGAN, ASSISTANT TO THE CITY MANAGER
JEFF SIMONETTI, NATIONAL DEMOGRAPHICS CORPORATION (NDC)
SUBJECT: 2021-2022 REDISTRICTING PUBLIC HEARING.
RECOMMENDATION
1) Open the public hearing; 2) Consider and discuss the focus maps detailed in the report; and 3) Select a preferred map.
FISCAL IMPACT
No fiscal impact associated with this action.
4.1 PUBLIC HEARING
Packet Pg. 7
COUNCIL MEETING DATE: FEBRUARY 15, 2022
SUBJECT: 2021-2022 REDISTRICTING PROCESS
PAGE 2
BACKGROUND
On July 6, 2021, and September 7, 2021, the Chino City Council held public hearings on the City’s Redistricting process (Public Hearings One and Two) . These public hearings centered on two components. First, these public hearings explained the redistricting process and the laws guiding its procedures. Second, these public hearings provided an opportunity for the Council and the public to consider, discuss, and define Chino’s neighborhoods and communities of interest as those terms are defined in Assembly Bill (AB) 849 or the FAIR Maps Act.
Then, on December 8, 2021, City staff and National Demographics Corporation (NDC), the City’s redistricting consultant, held a community workshop to revisit the redistricting process while reviewing the City’s public mapping tools.
At the January 18, 2022, public hearing (Third Public Hearing), NDC presented the draft maps .
After providing feedback to staff and hearing public comments, the City Council directed staff to coordinate a public workshop to further analyze the draft maps that are population balanced (those with numerical designations).
On February 7, 2022, the Chino City Council held a special called meeting to further review maps received by the public. After gathering additional information from City staff and NDC, hearing public input, and discussing the matter further, the City Council identified three “Focus Maps.” The Focus Maps are those maps that garnered the most support from the City Council and the public and they include Maps Nos. 103, 106A, and 113A. An analysis on those maps is provided below.
ISSUES/ANALYSIS
In total and as of this writing, the City has received 19 maps from the public and NDC. The City greatly appreciates the public for taking the time out of their busy schedules to utilize the public mapping tools and provid ing invaluable feedback and recommendations throughout this entire process.
To help differentiae the received maps, the maps are placed into three categories: Category I – Maps Requiring Adjustments; Category ll – Population Balanced Maps; and Category lll – Focus Maps. As previously mentioned, the Focus Maps are the maps that received the most support from the City Council and public, and it is anticipated that those maps will be the focal point of the February 15, 2022, public hearing.
CATEGORY I - MAPS REQUIRING ADJUSTMENTS (EXHIBIT C):
The received maps attached to this report with alphabetical designations are population imbalanced. As they are currently drawn, they cannot be adopted as a final map while being in conformance with federal law.
However, should there be interest in exploring any one of these maps, that can certainly happen.
It would require adjustments to the proposed district lines (and in some cases very slight adjustments). Moreover, while these maps are population imbalanced, they may inform how specific voting districts or portions of the final voting district map may be drawn.
4.1 PUBLIC HEARING
Packet Pg. 8
COUNCIL MEETING DATE: FEBRUARY 15, 2022
SUBJECT: 2021-2022 REDISTRICTING PROCESS
PAGE 3
Maps that are not population balanced (by DistrictR ID):
Map A - DistrictR ID 91823 (not complete)
Map B - DistrictR ID 91901 (not population balanced)
Map C - DistrictR ID 91913 (not population balanced)
Map D - DistrictR ID 96570 (not population balanced)
Map E - DistrictR ID 96927 (not population balanced)
Map F - DistrictR ID 97796 (not population balanced)
Map G - DistrictR ID 99998 (not population balanced)
Map H – Public Participation Paper Map (not population balanced)
CATEGORY II - MAPS THAT ARE POPULATION BALANCED (EXHIBIT B):
The maps attached to this report with the numerical designations of 101, 102, 104, 105 *, 106, 107, 108, 111,112, and 113 are population balanced as required by federal law.
*Map 105 (Public Submission with DistrictR ID 100259) is population balanced. However, NDC reviewed Map 105 further and determined that the makeup of the proposed District Four does not adequately or thoroughly meet the legal definition or measure of “compactness.” Given the concerns NDC expressed, it is not recommended that this map be considered as it is currently drawn.
However, if the Council and public would like to redraw the map or incorporate portions of the map into the final voting district map, that can certainly happen.
CATEGORY III – FOCUS MAPS (EXHIBIT A):
The maps attached to this report with the numerical designations of 103, 106A, and 113A are the Focus Maps. NDC has confirmed these maps are reasonably compact, meet the applicable demographic requirements, and comply with the necessary legal provisions surrounding the redistricting process. As previously mentioned, after hearing public input and considering all the population balanced maps, these maps received the most support from the public and the City Council. Therefore, it is anticipated that the City Council and public will likely focus on these maps for the February 15, 2022, redistricting public hearing.
Requests for Modifications to Select Maps:
Map 106A:
At the February 7, 2022, City Council Special Meeting, the City Council requested that NDC and staff explore different options to modify the shape of the proposed District One in Map 106. This included incorporating the area south of Schaefer Avenue, east of Central Avenue, west of Magnolia Avenue, and north of Edison Avenue. In addition, the City Council wanted to explore options that would correct the “staircase” appearance of proposed District One’s eastern borders.
NDC and staff looked at different options to eliminate the “staircase” appearance; however, given the population densities in this area, it was found that any alterations would create a population imbalanced map. Moreover, to correct or balance the map would require substantial changes , leaving the map to appear very different from the initial submission, and in fact, resemble the configurations of Map 103 and Map 113A. Additionally, in another iteration to correct the “staircase” appearance, NDC noted that there were compactness issues with the proposed shape of District Two. However, NDC was able to incorporate the area south of Schaefer Avenue, east of Central Avenue, west of Magnolia Avenue, and north of Edison Avenue while maintaining a population balanced map. The map incorporating that specific change is included in Map 106A.
4.1 PUBLIC HEARING
Packet Pg. 9
COUNCIL MEETING DATE: FEBRUARY 15, 2022
SUBJECT: 2021-2022 REDISTRICTING PROCESS
PAGE 4
Map 113A:
Map 113 is a DistrictR submission. As it was noted in the February 7th special meeting, DistrictR automatically assigns voting districts to certain colors. This resulted in a proposed map that shifted current voting district numbers to opposite ends of the City. To create more uniformity and avoid displacing or deferring a large number of voters, the City Council requested that the voting district numbers be rearranged with the proposed district shapes remaining the same. This modification is included in Map 113A. There are no changes to the makeup of the map other than the rearranged district numbers.
CONCLUSION:
Pursuant to California Assembly Bill 849, cities must hold four public hearings prior to adopting a final voting district map. The February 15, 2022, public hearing serves as the fourth public hearing (not including the two additional workshops the City he ld). Therefore, it is anticipated that after hearing public input, the City Council will identify a preferred map at the close of the February 15, 2022, public hearing. Should the City Council identify a preferred map at the February 15th public hearing, staff will bring back an ordinance introduc ing the preferred map at the March 1, 2022, Regular City Council meeting. Should the ordinance introduction be approved on March 1 st, the ordinance will be brought back at the March 15, 2022, Regular City Council m eeting under the Consent Calendar for second reading. The State has waived the 30 -day waiting period for the ordinance to go into effect, so the map would become effective immediately after the ordinance’s second reading. Lastly, it should be noted as a re minder that cities have until April 17, 2022, to adopt a new voting district map.
Attachments:
E
xhibit A: Focus Maps
Exhibit B: Population Balanced Maps
Exhibit C: Maps Requiring Adjustments
Exhibit D: 2020 Data for Current Voting Districts (Based on 2020 Census Data) Exhibit E: 2016 Data for Current Voting Districts (Based on 2010 Census Data) Exhibit F: Written Public Comments Received
4.1 PUBLIC HEARING Packet Pg. 10
EXHIBIT A
4.1 PUBLIC HEARING
Packet Pg. 11
PERSIMMON ST
1 24
3 Downtown
Chino
Lower
Density
Park East
The Preserve
College Park
WALNUT
FRANCIS
CHINO
PHILLIPS
EUCALYPTUS
MERRILL
EDISON
SCHAEFER
NORTONEAST END
M
AGNOLIA
YORBA
YORBA
FERN
SAN ANTONIO
NORTON
RIVERSIDE
M
OUNTAIN
PIPELINE
EAST END
SAN ANTONIO
RINCON
M
EADOW
S
ROSW
ELL
TELEPHONE
ROSW
ELL
W
EST PRESERVE
PHILADELPHIA
M
OUNTAIN
TELEPHONE
OAKS
M
AIN
GRAND
BENSON
M
ILL CREEK
FOREST
PARK
PIPELINE
YORBA
BENSON
CHINO HILLS
CENTRAL
FERN
VERNON
TELEPHONE
CENTRAL
BICKMORE
RAM
ONA
FERN
M
ONTE VISTA
PHILADELPHIA
CHINO CORONA
POMONA RINCON
EAST
PRESERVE
CENTRAL
KIMBALL
CYPRESS
PHILADELPHIA
EUCALYPTUS
EUCLID
CYPRESS
CUCAM
ONGA
PINE
ROSW
ELL
EL PRADO
HELLM
AN
EUCLID
SAN ANTONIO
NORTON
BICKMORE
W
EST
PRESERVE
COLLEGE PARK
City of Chino
Legend
Affordable Housing Overlay
Communities of Interest
Current Districts
Proposed Plan 103
District 1
District 2
District 3
District 4
Proposed Redistricting Plan 103
·
0 1 20.5
Miles
District
Number
Total Projected
Population to 2030
Approximate number of 2020 Registered Voters
currently residing in this voting district that will be moved to a different voting district as a result of
this proposed map
1 6358 5031
2 4133 1704
3 14721 7871
4 3498 6144
TOTALS 28710 20750
Map Number 103 106A 113A
Deferred Voters 5,965 9,605 11,591
Approximate Number of Deferred Voters
"Deferred Voters" is the approximate number of registered voters scheduled to vote in the 2022 Council election under the current district map who are deferred to 2024 in the proposed district map.
4.1 PUBLIC HEARING
Packet Pg. 12
PERSIMMON ST
1 2
4 3
Downtown
Chino
Lower
Density
Park East
The Preserve
College Park
WALNUT
FRANCIS
CHINO
PHILLIPS
EUCALYPTUS
MERRILL
EDISON
SCHAEFER
NORTONEAST END
M
AGNOLIA
YORBA
YORBA
FERN
SAN ANTONIO
NORTON
RIVERSIDE
M
OUNTAIN
PIPELINE
EAST END
SAN ANTONIO
RINCON
M
EADOW
S
ROSW
ELL
TELEPHONE
ROSW
ELL
W
EST PRESERVE
PHILADELPHIA
M
OUNTAIN
TELEPHONE
OAKS
M
AIN
GRAND
BENSON
M
ILL CREEK
FOREST
PARK
PIPELINE
YORBA
BENSON
CHINO HILLS
CENTRAL
FERN
VERNON
TELEPHONE
CENTRAL
BICKMORE
RAM
ONA
FERN
M
ONTE VISTA
PHILADELPHIA
CHINO CORONA
POMONA RINCON
EAST
PRESERVE
CENTRAL
KIMBALL
CYPRESS
PHILADELPHIA
EUCALYPTUS
EUCLID
CYPRESS
CUCAM
ONGA
PINE
ROSW
ELL
EL PRADO
HELLM
AN
EUCLID
SAN ANTONIO
NORTON
BICKMORE
W
EST
PRESERVE
COLLEGE PARK
City of Chino
Legend
Housing Element Sites
Communities of Interest
Current Districts
Proposed Plan 106A
District 1
District 2
District 3
District 4
Proposed Redistricting Plan 106A
·
District
Number
Total Projected
Population to 2030A
pproximate number of 2020 Registered Voters currently
residing in this voting district that will be moved to a different voting district as a result of this proposed map Map Number 103 106A 113A
Deferred Voters 5,965 9,605 11,591
Approximate Number of Deferred Voters
"Deferred Voters" is the approximate number of registered voters scheduled to vote in the 2022 Council election under the current district map who are deferred to 2024 in the proposed district map. 0 1 20.5
Miles
4.1 PUBLIC HEARING Packet Pg. 13
1 2
3 4
TOTALS
4020
6471
14721
3498
28710
7485
2642
7871
6146
24144
PERSIMMON ST
2 1
3 4
Downtown
Chino
Lower
Density
Park East
The Preserve
College Park
WALNUT
FRANCIS
CHINO
PHILLIPS
EUCALYPTUS
MERRILL
EDISON
SCHAEFER
NORTONEAST END
M
AGNOLIA
YORBA
YORBA
FERN
SAN ANTONIO
NORTON
RIVERSIDE
M
OUNTAIN
PIPELINE
EAST END
SAN ANTONIO
RINCON
M
EADOW
S
ROSW
ELL
TELEPHONE
ROSW
ELL
W
EST PRESERVE
PHILADELPHIA
M
OUNTAIN
TELEPHONE
OAKS
M
AIN
GRAND
BENSON
M
ILL CREEK
FOREST
PARK
PIPELINE
YORBA
BENSON
CHINO HILLS
CENTRAL
FERN
VERNON
TELEPHONE
CENTRAL
BICKMORE
RAM
ONA
FERN
M
ONTE VISTA
PHILADELPHIA
CHINO CORONA
POMONA RINCON
EAST
PRESERVE
CENTRAL
KIMBALL
CYPRESS
PHILADELPHIA
EUCALYPTUS
EUCLID
CYPRESS
CUCAM
ONGA
PINE
ROSW
ELL
EL PRADO
HELLM
AN
EUCLID
SAN ANTONIO
NORTON
BICKMORE
W
EST
PRESERVE
COLLEGE PARK
City of Chino
Legend
Housing Element Sites
Communities of Interest
Current Districts
Proposed Plan 113A
District 1
District 2
District 3
District 4
Proposed Redistricting Plan 113A
·
0 1 20.5
Miles
Map Number 103 106A 113A
Deferred Voters 5,965 9,605 11,591
Approximate Number of Deferred Voters
"Deferred Voters" is the approximate number of registered voters scheduled to vote in the 2022 Council election under the current district map who are deferred to 2024 in the proposed district map.
District
Total Projected
Population
Growth to 2030
Approximate number of 2020 Registered Voters currently
residing in this voting district that will be moved into a different voting district as a result of this proposed map. 1 4542 8396
2 5949 5324
3 14721 7871
4 3498 6146
TOTALS 28710 27737
4.1 PUBLIC HEARING
Packet Pg. 14
EXHIBIT B
4.1 PUBLIC HEARING
Packet Pg. 15
PERSIMMON ST
1 2
3 4
Downtown
Chino
Lower
Density
Park East
The Preserve
College Park
WALNUT
FRANCIS
CHINO
PHILLIPS
EUCALYPTUS
MERRILL
EDISON
SCHAEFER
NORTON
EAST END
MAGNOLIA
YORBA
FERN
SAN ANTONIO
NORTON
RIVERSIDE
MOUNTAIN
PIPELINE
EAST END
SAN ANTONIO
RINCONMEADOWS
ROSWELL
TELEPHONE
ROSWELL
WEST PRESERVE
PHILADELPHIA
MOUNTAIN
TELEPHONE
OAKS
MAIN
GRAND
BENSON
MILL CREEK
FOREST
PARK
PIPELINE
YORBA
BENSON
CHINO HILLS
CENTRAL
FERN
VERNON
TELEPHONE
CENTRAL
BICKMORE
RAMONA
FERN
MONTE VISTA
PHILADELPHIA
CHINO CORONA
POMONA RINCON
EAST
PRESERVE
CENTRAL
KIMBALL
CYPRESS
PHILADELPHIA
EUCALYPTUS
EUCLID
CYPRESS
CUCAMONGA
PINE
ROSWELL
EL PRADO
HELLMAN
EUCLID
SAN ANTONIO
NORTON
BICKMORE
WEST
PRESERVE
COLLEGE PARK
City of Chino
Legend
Housing Element Sites
Communities of Interest
Current Districts
Proposed Plan 101
District 1
District 2
District 3
District 4
Proposed Redistricting Plan 101
·
0 1 20.5
Miles
District
Number
Total Projected
Population
Growth to 2030
Approximate number of 2020 Registered Voters currently residing in this voting district that will be moved to a different voting district as a result of this proposed map
1 4636 617
2 3007 4346
3 5239 6132
4 15828 2793
TOTALS 28710 13888
4.1 PUBLIC HEARING
Packet Pg. 16
PERSIMMON ST
1 2
4 3
Downtown
Chino
Lower
Density
Park East
The Preserve
College Park
WALNUT
FRANCIS
CHINO
PHILLIPS
EUCALYPTUS
MERRILL
EDISON
SCHAEFER
NORTON
EAST END
MAGNOLIA
YORBA
YORBA
FERN
SAN ANTONIO
NORTON
RIVERSIDE
MOUNTAIN
PIPELINE
EAST END
SAN ANTONIO
RINCONMEADOWS
ROSWELL
TELEPHONE
ROSWELL
WEST PRESERVE
PHILADELPHIA
MOUNTAIN
TELEPHONE
OAKS
MAIN
GRAND
BENSON
MILL CREEK
FOREST
PARK
PIPELINE
YORBA
BENSON
CHINO HILLS
CENTRAL
FERN
VERNON
TELEPHONE
CENTRAL
BICKMORE
RAMONA
FERN
MONTE VISTA
PHILADELPHIA
CHINO CORONA
POMONA RINCON
EAST
PRESERVE
CENTRAL
KIMBALL
CYPRESS
PHILADELPHIA
EUCALYPTUS
EUCLID
CYPRESS
CUCAMONGA
PINE
ROSWELL
EL PRADO
HELLMAN
EUCLID
SAN ANTONIO
NORTON
BICKMORE
WEST
PRESERVE
COLLEGE PARK
City of Chino
Legend
Housing Element Sites
Communities of Interest
Current Districts
Proposed Plan 102
District 1
District 2
District 3
District 4
Proposed Redistricting Plan 102
·
0 1 20.5
Miles
District
Number
Total Projected
Population Growth to
2030
Approximate number of 2020 Registered Voters
currently residing in this voting district that will be moved to a different voting district as a result of this proposed map 1 4575 1190
2 3007 4346
3 14721 7871
4 6407 7585
TOTALS 28710 20992
4.1 PUBLIC HEARING
Packet Pg. 17
PERSIMMON ST
1 2
3 4
Downtown
Chino
Lower
Density
Park East
The Preserve
College Park
WALNUT
FRANCIS
CHINO
PHILLIPS
EUCALYPTUS
MERRILL
EDISON
SCHAEFER
NORTON
EAST END
MAGNOLIA
YORBA
YORBA
FERN
SAN ANTONIO
NORTON
RIVERSIDE
MOUNTAIN
PIPELINE
EAST END
SAN ANTONIO
RINCONMEADOWS
ROSWELL
TELEPHONE
ROSWELL
WEST PRESERVE
PHILADELPHIA
MOUNTAIN
TELEPHONE
OAKS
MAIN
GRAND
BENSON
MILL CREEK
FOREST
PARK
PIPELINE
YORBA
BENSON
CHINO HILLS
CENTRAL
FERN
VERNON
TELEPHONE
CENTRAL
BICKMORE
RAMONA
FERN
MONTE VISTA
PHILADELPHIA
CHINO CORONA
POMONA RINCON
EAST
PRESERVE
CENTRAL
KIMBALL
CYPRESS
PHILADELPHIA
EUCALYPTUS
EUCLID
CYPRESS
CUCAMONGA
PINE
ROSWELL
EL PRADO
HELLMAN
EUCLID
SAN ANTONIO
NORTON
BICKMORE
WEST
PRESERVE
COLLEGE PARK
City of Chino
Legend
Housing Element Sites
Communities of Interest
Current Districts
Proposed Plan 104
District 1
District 2
District 3
District 4
Proposed Redistricting Plan 104
·
0 1 20.5
Miles
District
Number
Total Projected
Population
Growth to 2030
Approximate number of 2020 Registered Voters
currently residing in this voting district that will be moved to a different voting district as a result of this proposed map
1 5052 1542
2 3142 4092
3 5239 5607
4 15278 2793
TOTALS 28710 14034
4.1 PUBLIC HEARING
Packet Pg. 18
PERSIMMON ST
1 2
3 4
Downtown
Chino
Lower
Density
Park East
The Preserve
College Park
WALNUT
FRANCIS
CHINO
PHILLIPS
EUCALYPTUS
MERRILL
EDISON
SCHAEFER
NORTON
EAST END
MAGNOLIA
YORBA
YORBA
FERN
SAN ANTONIO
NORTON
RIVERSIDE
MOUNTAIN
PIPELINE
EAST END
SAN ANTONIO
RINCONMEADOWS
ROSWELL
TELEPHONE
ROSWELL
WEST PRESERVE
PHILADELPHIA
MOUNTAIN
TELEPHONE
OAKS
MAIN
GRAND
BENSON
MILL CREEK
FOREST
PARK
PIPELINE
YORBA
BENSON
CHINO HILLS
CENTRAL
FERN
VERNON
TELEPHONE
CENTRAL
BICKMORE
RAMONA
FERN
MONTE VISTA
PHILADELPHIA
CHINO CORONA
POMONA RINCON
EAST
PRESERVE
CENTRAL
KIMBALL
CYPRESS
PHILADELPHIA
EUCALYPTUS
EUCLID
CYPRESS
CUCAMONGA
PINE
ROSWELL
EL PRADO
HELLMAN
EUCLID
SAN ANTONIO
NORTON
BICKMORE
WEST
PRESERVE
COLLEGE PARK
City of Chino
Legend
Affordable Housing Overlay
Communities of Interest
Current Districts
Proposed Plan 105
District 1
District 2
District 3
District 4
Proposed Redistricting Plan 105
·
0 1 20.5
Miles
District
Number
Total Projected
Population
Growth to 2030
A pproximate number of 2020 Registered Voters currently residing in this voting district that will be moved to a different voting district as a result of this proposed map 1 2870 6490
2 4128 5743
3 14721 7871
4 6992 7587
TOTALS 28710 27691
4.1 PUBLIC HEARING
Packet Pg. 19
PERSIMMON ST
1 2
4 3
Downtown
Chino
Lower
Density
Park East
The Preserve
College Park
WALNUT
FRANCIS
CHINO
PHILLIPS
EUCALYPTUS
MERRILL
EDISON
SCHAEFER
NORTONEAST END
M
AGNOLIA
YORBA
YORBA
FERN
SAN ANTONIO
NORTON
RIVERSIDE
M
OUNTAIN
PIPELINE
EAST END
SAN ANTONIO
RINCON
M
EADOW
S
ROSW
ELL
TELEPHONE
ROSW
ELL
W
EST PRESERVE
PHILADELPHIA
M
OUNTAIN
TELEPHONE
OAKS
M
AIN
GRAND
BENSON
M
ILL CREEK
FOREST
PARK
PIPELINE
YORBA
BENSON
CHINO HILLS
CENTRAL
FERN
VERNON
TELEPHONE
CENTRAL
BICKMORE
RAM
ONA
FERN
M
ONTE VISTA
PHILADELPHIA
CHINO CORONA
POMONA RINCON
EAST
PRESERVE
CENTRAL
KIMBALL
CYPRESS
PHILADELPHIA
EUCALYPTUS
EUCLID
CYPRESS
CUCAM
ONGA
PINE
ROSW
ELL
EL PRADO
HELLM
AN
EUCLID
SAN ANTONIO
NORTON
BICKMORE
W
EST
PRESERVE
COLLEGE PARK
City of Chino
Legend
Housing Element Sites
Communities of Interest
Current Districts
Proposed Plan 106
District 1
District 2
District 3
District 4
Proposed Redistricting Plan 106
·
0 1 20.5
Miles
District
Number
Total Projected
Population to 2030
Approximate number of 2020 Registered Voters currently
residing in this voting district that will be moved to a different voting district as a result of this proposed map 1 3681 7485
2 6472 2642
3 15061 7823
4 3498 6144
TOTALS 28710 24094
4.1 PUBLIC HEARING
Packet Pg. 20
PERSIMMON ST
1 2
4 3
Downtown
Chino
Lower
Density
Park East
The Preserve
College Park
WALNUT
FRANCIS
CHINO
PHILLIPS
EUCALYPTUS
MERRILL
EDISON
SCHAEFER
NORTON
EAST END
MAGNOLIA
YORBA
YORBA
FERN
SAN ANTONIO
NORTON
RIVERSIDE
MOUNTAIN
PIPELINE
EAST END
SAN ANTONIO
RINCONMEADOWS
ROSWELL
TELEPHONE
ROSWELL
WEST PRESERVE
PHILADELPHIA
MOUNTAIN
TELEPHONE
OAKS
MAIN
GRAND
BENSON
MILL CREEK
FOREST
PARK
PIPELINE
YORBA
BENSON
CHINO HILLS
CENTRAL
FERN
VERNON
TELEPHONE
CENTRAL
BICKMORE
RAMONA
FERN
MONTE VISTA
PHILADELPHIA
CHINO CORONA
POMONA RINCON
EAST
PRESERVE
CENTRAL
KIMBALL
CYPRESS
PHILADELPHIA
EUCALYPTUS
EUCLID
CYPRESS
CUCAMONGA
PINE
ROSWELL
EL PRADO
HELLMAN
EUCLID
SAN ANTONIO
NORTON
BICKMORE
WEST
PRESERVE
COLLEGE PARK
City of Chino
Legend
Affordable Housing Overlay
Communities of Interest
Current Districts
Proposed Plan 107
District 1
District 2
District 3
District 4
Proposed Redistricting Plan 107
·
0 1 20.5
Miles
District
Number
Total Projected
Population
Growth to 2030
Approximate number of 2020 Registered Voters currently
residing in this voting district that will be moved to a different voting district as a result of this proposed map 1 4396 9263
2 5948 5324
3 14721 7871
4 3645 6146
TOTALS 28710 28604
4.1 PUBLIC HEARING
Packet Pg. 21
PERSIMMON ST
1 2
4 3
Downtown
Chino
Lower
Density
Park East
The Preserve
College Park
WALNUT
FRANCIS
CHINO
PHILLIPS
EUCALYPTUS
MERRILL
EDISON
SCHAEFER
NORTON
EAST END
MAGNOLIA
YORBA
YORBA
FERN
SAN ANTONIO
NORTON
RIVERSIDE
MOUNTAIN
PIPELINE
EAST END
SAN ANTONIO
RINCONMEADOWS
ROSWELL
TELEPHONE
ROSWELL
WEST PRESERVE
PHILADELPHIA
MOUNTAIN
TELEPHONE
OAKS
MAIN
GRAND
BENSON
MILL CREEK
FOREST
PARK
PIPELINE
YORBA
BENSON
CHINO HILLS
CENTRAL
FERN
VERNON
TELEPHONE
CENTRAL
BICKMORE
RAMONA
FERN
MONTE VISTA
PHILADELPHIA
CHINO CORONA
POMONA RINCON
EAST
PRESERVE
CENTRAL
KIMBALL
CYPRESS
PHILADELPHIA
EUCALYPTUS
EUCLID
CYPRESS
CUCAMONGA
PINE
ROSWELL
EL PRADO
HELLMAN
EUCLID
SAN ANTONIO
NORTON
BICKMORE
WEST
PRESERVE
COLLEGE PARK
City of Chino
Legend
Housing Element Sites
Communities of Interest
Current Districts
Proposed Plan 108
District 1
District 2
District 3
District 4
Proposed Redistricting Plan 108
·
0 1 20.5
Miles
District
Number
Total Projected
Population
Growth to 2030
Approximate number of 2020 Registered Voters currently
residing in this voting district that will be moved to a different voting district as a result of this proposed map 1 3891 9586
2 5211 9272
3 14721 7871
4 4887 7587
TOTALS 28710 34316
4.1 PUBLIC HEARING
Packet Pg. 22
PERSIMMON ST
3 2
1 4
Downtown
Chino
Lower
Density
Park East
The Preserve
College Park
WALNUT
FRANCIS
CHINO
PHILLIPS
EUCALYPTUS
MERRILL
EDISON
SCHAEFER
NORTON
EAST END
MAGNOLIA
YORBA
YORBA
FERN
SAN ANTONIO
NORTON
RIVERSIDE
MOUNTAIN
PIPELINE
EAST END
SAN ANTONIO
RINCONMEADOWS
ROSWELL
TELEPHONE
ROSWELL
WEST PRESERVE
PHILADELPHIA
MOUNTAIN
TELEPHONE
OAKS
MAIN
GRAND
BENSON
MILL CREEK
FOREST
PARK
PIPELINE
YORBA
BENSON
CHINO HILLS
CENTRAL
FERN
VERNON
TELEPHONE
CENTRAL
BICKMORE
RAMONA
FERN
MONTE VISTA
PHILADELPHIA
CHINO CORONA
POMONA RINCON
EAST
PRESERVE
CENTRAL
KIMBALL
CYPRESS
PHILADELPHIA
EUCALYPTUS
EUCLID
CYPRESS
CUCAMONGA
PINE
ROSWELL
EL PRADO
HELLMAN
EUCLID
SAN ANTONIO
NORTON
BICKMORE
WEST
PRESERVE
COLLEGE PARK
City of Chino
Legend
Housing Element Sites
Communities of Interest
Current Districts
Proposed Plan 111
District 1
District 2
District 3
District 4
Proposed Redistricting Plan 111
·
0 1 20.5
Miles
4.1 PUBLIC HEARING
Packet Pg. 23
PERSIMMON ST
2 1
4 3
Downtown
Chino
Lower
Density
Park East
The Preserve
College Park
WALNUT
FRANCIS
CHINO
PHILLIPS
EUCALYPTUS
MERRILL
EDISON
SCHAEFER
NORTON
EAST END
MAGNOLIA
YORBA
YORBA
FERN
SAN ANTONIO
NORTON
RIVERSIDE
MOUNTAIN
PIPELINE
EAST END
SAN ANTONIO
RINCONMEADOWS
ROSWELL
TELEPHONE
ROSWELL
WEST PRESERVE
PHILADELPHIA
MOUNTAIN
TELEPHONE
OAKS
MAIN
GRAND
BENSON
MILL CREEK
FOREST
PARK
PIPELINE
YORBA
BENSON
CHINO HILLS
CENTRAL
FERN
VERNON
TELEPHONE
CENTRAL
BICKMORE
RAMONA
FERN
MONTE VISTA
PHILADELPHIA
CHINO CORONA
POMONA RINCON
EAST
PRESERVE
CENTRAL
KIMBALL
CYPRESS
PHILADELPHIA
EUCALYPTUS
EUCLID
CYPRESS
CUCAMONGA
PINE
ROSWELL
EL PRADO
HELLMAN
EUCLID
SAN ANTONIO
NORTON
BICKMORE
WEST
PRESERVE
COLLEGE PARK
City of Chino
Legend
Housing Element Sites
Communities of Interest
Current Districts
Proposed Plan 112
District 1
District 2
District 3
District 4
Proposed Redistricting Plan 112
·
0 1 20.5
Miles
4.1 PUBLIC HEARING
Packet Pg. 24
PERSIMMON ST
2 1 3
4 Downtown
Chino
Lower
Density
Park East
The Preserve
College Park
WALNUT
FRANCIS
CHINO
PHILLIPS
EUCALYPTUS
MERRILL
EDISON
SCHAEFER
NORTON
EAST END
MAGNOLIA
YORBA
YORBA
FERN
SAN ANTONIO
NORTON
RIVERSIDE
MOUNTAIN
PIPELINE
EAST END
SAN ANTONIO
RINCONMEADOWS
ROSWELL
TELEPHONE
ROSWELL
WEST PRESERVE
PHILADELPHIA
MOUNTAIN
TELEPHONE
OAKS
MAIN
GRAND
BENSON
MILL CREEK
FOREST
PARK
PIPELINE
YORBA
BENSON
CHINO HILLS
CENTRAL
FERN
VERNON
TELEPHONE
CENTRAL
BICKMORE
RAMONA
FERN
MONTE VISTA
PHILADELPHIA
CHINO CORONA
POMONA RINCON
EAST
PRESERVE
CENTRAL
KIMBALL
CYPRESS
PHILADELPHIA
EUCALYPTUS
EUCLID
CYPRESS
CUCAMONGA
PINE
ROSWELL
EL PRADO
HELLMAN
EUCLID
SAN ANTONIO
NORTON
BICKMORE
WEST
PRESERVE
COLLEGE PARK
City of Chino
Legend
Housing Element Sites
Communities of Interest
Current Districts
Proposed Plan 113
District 1
District 2
District 3
District 4
Proposed Redistricting Plan 113
·
0 1 20.5
Miles
4.1 PUBLIC HEARING
Packet Pg. 25
Exhibit C – Maps that are
not Population Balanced
4.1 PUBLIC HEARING
Packet Pg. 26
Exhibit B
Map A (DistrictR ID 91823)
4.1 PUBLIC HEARING
Packet Pg. 27
Exhibit B
Map B (DistrictR ID 91901)
4.1 PUBLIC HEARING
Packet Pg. 28
Exhibit B
Map C (DistrictR ID 91913)
4.1 PUBLIC HEARING
Packet Pg. 29
Exhibit B
Map D (DistrictR ID 96570)
4.1 PUBLIC HEARING
Packet Pg. 30
Exhibit B
Map E (DistrictR ID 96927)
4.1 PUBLIC HEARING
Packet Pg. 31
Exhibit B
Map F (DistrictR ID 97796):
4.1 PUBLIC HEARING
Packet Pg. 32
Exhibit B
Map G (DistrictR ID 99998):
4.1 PUBLIC HEARING
Packet Pg. 33
Chino Redistricting 2021
Public Participation Kit
Total Population by Population Unit
Each number indicates the
total population of that
"population unit" area. Each
district must have essentiall y
equal population. The population
279
of each of the 4 districts must be
close to 21,640, with no more than a
2,164 difference between the largest
and smallest.
An online version of this map that
allows you to zoom in and out for
more detail is available as a link
from the city website.
,37
,03
4 0
Kimb all Av~
©2021 CALIPER
olored pen to draw your
map, then submit it at
City Hall or by email to
districts@ci tyofchino .org.
You can hand deliver, maiI,
fax, scan and email, or
photograph and email
your map.
+
1,368 737
n
5" 2,916
0 0 n :> 0 < 8 C ::, ~
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;;,::, ::::I p_. 0
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53 41
4.1 PUBLIC HEARING
Packet Pg. 34
Chino Current Official Data
District 1
Total Pop 18,131
Deviation from ideal -3,512
% Deviation -16.23%
% Hisp 66.8%
% NH White 18%
% NH Black 3%
% Asian-American 10%
Total 11,640
% Hisp 59%
% NH White 25%
% NH Black 4%
% Asian/Pac.Isl. 10%
Total 9,586
% Latino est. 59%
% Spanish-Surnamed 53%
% Asian-Surnamed 5%
% Filipino-Surnamed 2%
% NH White est. 34%
% NH Black 5%
Total 7,527
% Latino est. 57%
% Spanish-Surnamed 52%
% Asian-Surnamed 5%
% Filipino-Surnamed 2%
% NH White est. 36%
% NH Black 5%
Total 4,774
% Latino est. 53%
% Spanish-Surnamed 49%
% Asian-Surnamed 3%
% Filipino-Surnamed 2%
% NH White est. 40%
% NH Black est. 5%
ACS Pop. Est. Total 17,288
age0-19 24%
age20-60 57%
age60plus 19%
immigrants 23%
naturalized 53%
english 50%
spanish 41%
asian-lang 7%
other lang 2%
Language Fluency Speaks Eng. "Less than Very Well" 20%
hs-grad 48%
bachelor 11%
graduatedegree 5%
Child in Household child-under18 37%
Pct of Pop. Age 16+ employed 66%
income 0-25k 18%
income 25-50k 21%
income 50-75k 21%
income 75-200k 35%
income 200k-plus 6%
single family 70%
multi-family 30%
rented 49%
owned 51%
Total population data from the 2020 Decennial Census.
Surname-based Voter Registration and Turnout data from the California Statewide Database.
Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 19,453
-2,190
-10.12%
50%
25%
4%
19%
12,621
49%
34%
4%
12%
11,894
47%
42%
8%
3%
41%
5%
9,778
46%
42%
7%
3%
43%
5%
6,540
43%
39%
5%
2%
48%
5%
17,694
24%
56%
20%
22%
60%
62%
28%
8%
2%
15%
48%
19%
7%
35%
65%
10%
16%
15%
51%
9%
85%
15%
28%
72%
3 23,308
1,665
7.69%
53%
16%
4%
24%
15,079
42%
28%
10%
18%
11,730
49%
44%
12%
3%
33%
6%
9,377
47%
43%
12%
3%
34%
7%
5,528
44%
41%
7%
2%
40%
6%
23,369
21%
63%
16%
28%
41%
55%
33%
10%
2%
18%
48%
15%
6%
45%
47%
13%
15%
17%
48%
7%
78%
22%
36%
64%
4 25,681
4,038
18.66%
42%
21%
8%
26%
13,310
40%
30%
5%
25%
13,618
42%
38%
11%
3%
40%
6%
11,039
41%
37%
10%
3%
41%
6%
5,939
38%
35%
7%
3%
47%
6%
20,871
28%
57%
15%
24%
55%
57%
23%
18%
3%
16%
44%
22%
12%
44%
68%
10%
12%
18%
50%
9%
76%
24%
37%
63%
Total
86,573
7,550
34.88%
52%
20%
5%
21%
52,651
47%
29%
6%
16%
46,828
48%
44%
9%
3%
37%
5%
37,721
47%
43%
9%
3%
39%
6%
22,781
44%
41%
6%
2%
44%
5%
79,222
24%
58%
17%
24%
51%
56%
31%
11%
2%
17%
47%
17%
7%
40%
60%
13%
16%
17%
46%
8%
78%
22%
37%
63%
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
Based on Current
Voting Districts
Exhibit D 4.1
PUBLIC HEARING
Packet Pg. 35
District 1 2 3 4 Total
Total Pop 18,294 18,203 17,389 17,521 71,407
Deviation from ideal 442 351 -463 -331 905
% Deviation 2.48% 1.97% -2.59% -1.85% 5.07%
% Hisp 65% 47% 62% 47% 55%
% NH White 24% 34% 23% 29% 28%
% NH Black 3% 5% 4% 5% 4%
% Asian-American 7% 13% 9% 18% 11%
Total 13,228 13,596 12,391 12,567 51,782
% Hisp 60% 43% 58% 43% 51%
% NH White 28% 37% 26% 33% 31%
% NH Black 4% 5% 5% 5% 5%
% Asian-American 7% 13% 10% 18% 12%
Total 10,792 11,946 10,756 11,867 45,360
% Hisp 59% 44% 56% 42% 50%
% NH White 28% 39% 25% 35% 32%
% NH Black 2% 5% 5% 6% 5%
% Asian/Pac.Isl. 9% 12% 13% 17% 12%
Total 7,343 9,257 7,005 7,940 31,545
% Latino 55% 43% 52% 41% 47%
% Asian-Surnamed 3% 4% 4% 7% 5%
% Filipino-Surnamed 2% 3% 2% 2% 2%
Total 2,478 3,351 2,285 2,659 10,774
% Latino 45% 35% 41% 31% 38%
% Asian-Surnamed 2% 3% 4% 5% 3%
% Filipino-Surnamed 1% 2% 2% 2% 2%
Total 5,154 6,810 4,820 5,517 22,300
% Latino 49% 40% 47% 39% 43%
% Asian-Surnamed 2% 3% 3% 5% 4%
% Filipino-Surnamed 2% 2% 2% 2% 2%
ACS Pop. Est. Total 17,653 17,728 17,620 17,550 70,552
age0-19 29% 29% 27% 28% 28%
age20-60 56% 57% 61% 60% 58%
age60plus 15% 14% 12% 13% 14%
immigrants 23% 21% 25% 24% 23%
naturalized 53% 56% 48% 60% 54%
english 53% 57% 48% 56% 54%
spanish 39% 32% 42% 29% 36%
asian-lang 6% 8% 6% 12% 8%
other lang 1% 3% 3% 2% 2%
Language Fluency Speaks Eng. "Less
than Very Well" 16% 13% 20% 13% 15%
hs-grad 59% 56% 56% 58% 57%
bachelor 14% 19% 12% 20% 16%
graduatedegree 5% 8% 5% 7% 6%
Child in Household child-under18 37% 39% 43% 42% 40%
employed 60% 62% 52% 58% 58%
Commute on Public
Transit 1% 2% 2% 1% 2%
income 0-25k 18% 13% 17% 14% 15%
income 25-50k 19% 17% 15% 15% 16%
income 50-75k 23% 19% 23% 19% 21%
income 75-200k 36% 47% 41% 48% 43%
income 200k-plus 4% 4% 4% 4% 4%
single family 75% 84% 82% 78% 80%
multi-family 25% 16% 18% 22% 20%
vacant 5% 5% 5% 9% 6%
occupied 95% 95% 95% 91% 94%
rented 36% 27% 33% 30% 31%
owned 64% 73% 67% 70% 69%
Total and Voting Age population data from the 2010 Decennial Census.
Voter Registration and Turnout data from the California Statewide Database.
Housing Stats
Immigration
Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2010-2014 American Community Survey 5-year data.
Citizen Voting Age
Pop
Voter Registration
(Nov 2014)
Age
Voter Turnout
(Nov 2012)
Voter Turnout
(Nov 2014)
Work (percent of
pop age 16+)
Household Income
Education (among
those age 25+)
Total Pop
City of Chino - Council-Preferred Map
Language spoken at
home
Voting Age Pop
This was the data presented
to the City when the current
voting districts were adopted
in 2016.
The data is based on the
2010 Cenus.
Exhibit E 4.1
PUBLIC HEARING
Packet Pg. 36
From:
To: Chino Districts
Subject: [EXT EMAIL] Redistricting
Date: Thursday, August 5, 2021 8:54:32 PM
Hello,
I was writing in regarding the re-districting of our city. I would highly recommend that the City evaluate how district 4 includes the preserve and homes on the complete opposite end of the city in areas like walnut and pipeline.
Residents on the south end of chino should not be represented with those located in the northern part of the city.
They are milws apart and have needs that are on complete opposite ends of the spectrum. You have half the district represented by new homes and Neighbors’s while the others are in areas that are underserved and aging.
Please correct this issue. Us on the north end do not want our council member representing us from the opposite end of the city.
Thanks
EXTERNAL EMAIL: Please verify sender email.
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'
Exhibit F 4.1
PUBLIC HEARING
Packet Pg. 37
From:
To: Chino Districts
Subject: [EXT EMAIL] Re: Staying in district two
Date: Monday, February 7, 2022 10:42:09 AM
Good morning,
My name is Joanna Rios-Montoya. I am emailing you to request that I remain in district two, and I choose plan 103. My home address is Chino, CA 91710.
Respectfully,
Joanna Rios-Montoya
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4.1 PUBLIC HEARING
Packet Pg. 38
From:
To: Chino Districts
Subject: [EXT EMAIL] District 2
Date: Monday, February 7, 2022 11:47:05 AM
Hello,
To whom it may concern,
I am a resident in District 2 and I have reviewed the proposed map plans. I would like to stay in District 2 and I would like to select Map Plan #103. Thank you for your consideration in this redistricting process.
Respectfully,
Lynette Macias
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4.1 PUBLIC HEARING
Packet Pg. 39
From:
To: Chino Districts
Subject: [EXT EMAIL] Redistricting
Date: Monday, February 7, 2022 10:59:27 AM
Hello,
I have lived in Chino the last 15 years and I have lived specifically in District 2 close to ten years. As you know I am running for the councilmember position in this district and I understand this process isn’t about me.
I have invested
a lot in this community and I am focused on continuing to serve in the capacity as a councilmember. I live in the Crystal Lane community nd the only map that keeps me in District 2, is map plan #103.
I
don’t know if it even matters but I am submitting my input to stay in District 2.
Thank you,
Greg Marquez
Sent from my iPhone
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4.1 PUBLIC HEARING
Packet Pg. 40
From:
To: Chino Districts
Subject: [EXT EMAIL]
Date: Monday, February 7, 2022 12:04:22 PM
To Whom it may concern,
I have been a City of Chino resident for 15 years and have always loved living in this city.
I
have seen the dedication and support from city staff, residents
and volunteers since my move
here in 2006.
I have always supported the vision for "community and inclusion" within the city.
I realize that the redistricting process will take into account all of the needs of the city but I am hoping to continue to stay in my current district #2.
I have taken a look at some of the
proposed maps and hope that map #103 is chosen.
Thank you for your time and consideration.
Respectfully,
Angie Marquez
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NEVER give out your user ID or password for any reason! '
4.1 PUBLIC HEARING
Packet Pg. 41
From:
To: Chino Districts
Subject: [EXT EMAIL] Redistricting
Date: Monday, February 7, 2022 1:30:56 PM
Hello,
I have lived in Chino the last 15 years and I have lived specifically in District 2 close to ten years. As you know I am running for the councilmember position in this district and I understand this process isn’t about me.
I have invested
a lot in this community and I am focused on continuing to serve in the capacity as a councilmember. I live in the Crystal Lane community ( and the only map that keeps me in District 2, is map plan #103.
I
don’t know if it even matters but I am submitting my input to stay in District 2.
Thank you,
Greg Marquez
Sent from my iPhone
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4.1 PUBLIC HEARING
Packet Pg. 42
Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
FINANCE DEPARTMENT
COUNCIL MEETING DATE: FEBRUARY 15, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE
SUBJECT: WARRANTS.
RECOMMENDATION
Approve expenses as audited and within budget for warrants 758587 to 758751, and Electronic Fund Transfers 514542E to 514622E, totaling $3,895,498.61.
FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 21-22 Operating Budget.
10.1 CONSENT CALENDAR
Packet Pg. 43
COUNCIL MEETING DATE: FEBRUARY 15, 2022
SUBJECT: WARRANTS
PAGE 2
BACKGROUND
As prescribed by Government Code S ections 37202 and 37208, the following demand registers are herewith submitted for Council ratification:
NO. WARRANTS DATE FY AMOUNT
1. 758587 – 758678 1/13/22 21-22 $1,236,043.46
2. 758679 – 758751 1/20/22 21-22 $333,931.38
3. 514542E – 514585E 1/14/22 21-22 $2,144,712.87
4. 514586E – 514622E 1/20/22 21-22 $180,810.90
*Denotes handwritten warrant
E: Electronic Fund Transfers
TOTAL $3,895,498.61
ISSUES/ANALYSIS
See attached exhibit for detailed information on warrants exceeding $50,000.
RB:hm
Attachment: Exhibit 1
10.1 CONSENT CALENDAR
Packet Pg. 44
Council Meeting 2/15/22
CITY OF CHINO
A/P Warrant Register Over $50,000
Check
Number
Check Date Vendor Name Description Amount
758602 01/13/2022 CALIAGUA, INC. SEWER LIFT STATION CONSTR. SVCS. $102,338.75 758660 01/13/2022 SEMA CONSTRUCTION, INC. BENSON WATER MAIN DESIGN SERVICES $276,365.12 758666 01/13/2022 SULLY-MILLER CONTRACTING RIVERSIDE DR. STREET REHAB/STORM DRAIN $70,012.72 758676 01/13/2022 WASTE MANAGEMENT REFUSE COLLECTION $386,169.02
514550 01/14/2022 CHINO VALLEY INDEPENDENT FIRE
DISTRICT
FIRE PROTECTION SERVICES-JANUARY $1,187,338.00
514564 01/14/2022 INLAND EMPIRE UTILITIES AGENCY SEWAGE TREATMENT SERVICES $699,670.93
514592 01/20/2022 CLS LANDSCAPE MANAGEMENT, INC. LANDSCAPE MAINTENANCE $57,830.58 758749 01/20/2022 W.A. RASIC CONSTRUCTION COMPANY,
INC.
WATER LINE INSTALLATION FOR ALLEY
BETWEEN 9TH & 10TH STREET
$144,732.00
8 TOTAL $2,924,457.12
10.1.a
Warrants
Packet Pg. 45
CHINO CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
REGULAR MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY FEBRUARY 1, 2022
CLOSED SESSION – 6:00 PM
OPEN SESSION – 7:00 PM
M I N U T E S
CALL TO ORDER
The February 1, 2022, Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 6:00 p.m. by Mayor Eunice M. Ulloa in the Council Chambers.
ROLL CALL
Present: Mayor Eunice M. Ulloa , Mayor Pro Tem Marc Lucio, Council Members Karen C.
Comstock and Christopher Flores.
Absent: Council Member Walt Pocock.
CLOSED SESSION
City Attorney Fred Galante read into the record the items listed on the Closed Session agenda.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION.
Pursuant to Paragraph (1) of Subdivision (d) of Government Code Section 54956.9:
1. City of Chino, a California Corporation vs. Kelly Bosler, in her official capacity as Director the California Department of Finance. (Case No. 34-2019-80003140-CU-WM-GDS)
2. Chino, et al. v. California Department of Corrections and Rehabilitation, et al. (San Bernardino Superior Court, Case No. CIVDS 1917019).
CLOSED SESSION PUBLIC COMMENTS
There were no requests to speak.
The City Council recessed to Closed Session at 6:02 p.m. and concluded at 6:50 p.m. The City Council reconvened the meeting at 7:05 p.m.
FLAG SALUTE
Council Member Flores led the assembly in reciting the Pledge of Allegiance.
CEREMONIALS
Presentations
Mayor Ulloa presented the February 2022 Home Beautification Award to Derek and Joanne Webster of Chino.
10.2 CONSENT CALENDAR
Packet Pg. 46
CHINO CITY COUNCIL
FEBRUARY 1, 2022 2
Mayor Ulloa presented the 2021 Annual Home Beautification Award to Jason and Lauren Anker of Chino.
Mayor Ulloa invited Troy Ament, Interim Vice President of Administrativ e Services a nd Emergency Operations/Executive Director, Construction and Facilities who gave a presentation and update on Chaffey College Park Campus.
REPORT OUT OF CLOSED SESSION
City Attorney Fred Galante reported out on the Closed Session as follows.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION.
Pursuant to Paragraph (1) of Subdivision (d) of Government Code Section 54956.9:
1. City of Chino, a California Corporation vs. Kelly Bosler, in her official capacity as Director the California Department of Finance. (Case No. 34-2019-80003140-CU-WM-GDS)
The City Council received a briefing on the court of appeals decision denying the City of Chino’s efforts to recove r 15.9 million dollars expended. He explained t hese were funds the former Chino Redevelopment Agency wa s obligated to pay to perf orm sewer , water, and street improvements in the city. The C ity Council is very dis appointed that the state refuses to reimburse the city these funds and that the courts will not enforce the reimbursement obligations, which were well documented when the expenditures were made over 30 years ago.
City Attorney Galante reported that the City Council does not wish to continue to expend further staff efforts and funds by pursing any additional appeal of this matter.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION.
Pursuant to Paragraph (1) of Subdivision (d) of Government Code Section 54956.9:
2. Chino, et al. v. California Department of Corrections and Rehabilitation, et al. (San Bernardino Superior Court, Case No. CIVDS 1917019).
The City Council received an update to the st atus of the matter, provided direct ion, and no further reportable action was taken.
AGENDA ADDITIONS/REVISIONS
City Manager Matt Ballantyne reported there were no agenda additions or revisions.
INFORMATION
Mayor Ulloa announced that the January 2022 Chino Economic Development Report was included in the agenda packet. The report gives an overview of the City' s business news and information.
PUBLIC ANNOUNCEMENTS
Mayor Ulloa issued a reminder about the following scheduled meetings and community events:
• Annual Run for Russ Memorial 5K Run and Community Walk on Saturday, Febru ary 5th at the Chino Civic Center located at 13250 Central Avenue with the 5K and Walk starting at 8:00 a.m . This event honors the life of Chino P olice Officer, Russ Miller who was tragically struck and killed by a drun k driver in the line of duty on Febru ary 1, 2 000.
Those interested i n being a part of this outstanding event can register by visiting https://www.runforruss.com.
10.2 CONSENT CALENDAR
Packet Pg. 47
CHINO CITY COUNCIL
FEBRUARY 1, 2022 3
• Fundraising event for the Chino Youth Museum on February 2nd from 11 a.m. to 7 p.m. at Los Portales Mexican Grill located at 12542 Central Avenue with 20% of all proceeds going directly to the Chino Youth Museum.
• Special Meeting – Redistricting Workshop on Monday, February 7 th at 2 p.m. in the Chino City Council Chambers to f urther review and discuss t he draft maps received by the City. For any questions, please call (909) 334-3338 or (909) 334-3306. You can also visit our Redistricting webpage at www.cityofchino.org/redistricting.
PUBLIC COMMENTS
Craig Arnhart of Calvary Chapel Chino Valley provided the Invocation.
CONSENT CALENDAR
1. Warrants. Approve expenses as audited and within budget for warrants 758453 to 758586, and Electronic Fund Transfers 514491E to 514541E, totaling $3,006,985.76.
2. Minutes - Regular Meeting of January 18, 2022 (All Members Present)
3. Elected City Officials ’ Report Regarding Travel, Training, and Meetings. Receive and file t he Elected City Officials' Report reflecting City Council busines s related expenses incurred by the City and forecast of future events and trainings.
4. City of Chino Letter Identifying Funding Priorities to the County of San Bernardino. Approve a letter to T he Honorable San Bernardino County Supervisor, Curt Hagman d etailing a list of funding priorities and collaborative efforts for the City of Chino.
5. Agreement for "Pass -Through" Payments for COPLINK Project Management S ervices - Cletus Hyman. Appropriate $35,000 from the unappropriated reserves of the General Fu nd as "pass- through" payments for the San Berna rdino C ounty Police Chiefs and Sheriffs Associations' s COPLINK Project Management Contract.
6. Reimbursement Agreement with the City of Chino Hills. Approve a Reimbursement Agreement with the City of Chino Hills for the Pine Avenue Road Repair FY2021-22 at Chino Creek Project. (Pulled from the Consent Calendar for separate motion.)
7. Notice of Completion: Pine Ave nue Road Repair at Chino Creek (ST 061). Acceptance of the Pine Ave nue Road Repair FY2021/ 2022 at Chino Creek Project No. ST061 as complete and approve Contract Change Order No. 2. (Pulled from the Consent Calendar for separate motion.)
8. Notice of C ompletion: WA19B and WA 172 . Acceptance of Quadrant 3.2 Water Main Replacements at Various Locations Project (WA 19B) and Cent ral Avenue Water Line Replacements Project (WA172) as complete.
Moved by Council Member Flores, seconded by Mayor Pro Tem Lucio, and carried on a 4- 0-1 roll cal l vote, to approve Consent Calendar items 1 through 5 and item 8 as presented. Items 6 and 7 were pulled for a separate motion.
AYES: COMSTOCK, FLORES, LUCIO, ULLOA.
NOES: NONE.
ABSENT: POCOCK.
10.2 CONSENT CALENDAR
Packet Pg. 48
CHINO CITY COUNCIL
FEBRUARY 1, 2022 4
ITEMS PULLED FROM CONSENT CALENDAR
7. Notice of Completion: Pine Avenue Road Repair at Chino Creek (ST061) . Acceptance of the Pine Ave nue Road Repair FY2021/ 2022 at Chino Creek Project No. ST061 as complete and approve Contract Change Order No. 2.
Staff Report by Amer Jakher, Director of Public Works.
Council Member Comstock inquired about the timeline for the installation of the metal guardrails and project budget.
Director Jakher explained that to complete the pipeline repair work (phase one) the city had to obtain a permit from the Army Corp of Engineers. The permit was issued for a limited amount of time and staff had only five days to complete the work. He explained that the change order included labor costs for overtime and double-time; cost to w iden the pipe from 2 6” to 34”; and cost for an additional 200 yards of concrete. He stated these were necessary costs to complete the work and protect the existing pipes and infrastructure.
Additionally, he explained that the second ph ase of the project includes the insta llation of the guardrails and street resurfacing. T his next phase is expected to go out to bid in approximately one month. Furthermore, in collaboration with the City of Chin o Hills staff anticipates the road will be open in approximately three months.
Council Member Comstock agreed that opening the road is a benefit for the residents and first responders.
Mayor Ull oa shared her experience with capital improvement programs and understands that given the short amount time, and to protect the existing pipes and infrast ructure, in this case it was necessary to authorize the change order prior to City Council approval.
Mayor Pro Tem Lucio noted this road is a temporary fix until the Pi ne Ave nue Extension is complete. He agreed this is a benefit for the residents and would ease some of the traffic on Pine Avenue.
In response to questions from Council, Director Jakher stated this road is not a designated truck route.
Moved by Council Member Comstock, seconded by Mayor Pro Tem Lucio, and carried on a 4-0-1 roll cal l vote, to 1) accept the Pine Aven ue Road Repair FY2021/2022 at Chino Creek Project No. ST061 as complete; 2) approve Contract Change Order No. 2 to the construction contract (#2022 -205) with Wright Construction Engineering Corporation in the amount of $124,301.70 for the Pine Avenue Road Repair Project; 3) release the retention funds following the 35 -day lien period; and 4) authorize the Director of Public Works to file the Notice of Completion once Contract Change Order No. 2 has been processed.
AYES: COMSTOCK, FLORES, LUCIO, ULLOA.
NOES: NONE.
ABSENT: POCOCK.
6. Reimbursement Agreement with the City of Chino Hills . Approve a Reimbursement Agreement with the City of Chino Hills for the Pine Avenue Road Repair FY2021-22 at Chino Creek Project.
Staff Report by Amer Jakher, Director of Public Works.
In response to q uestions from Council, City Manager Ballanty ne confirmed the reimbursement amount is $117,905.
10.2 CONSENT CALENDAR
Packet Pg. 49
CHINO CITY COUNCIL
FEBRUARY 1, 2022 5
Council Member Comstock asked if discussions had taken place with Chino Hills about a future reimbursement to complete the project.
Director Ja kher explained the reimbursement agreement before the City Cou ncil pertains to phase one of the project that was intended to protect the existing pipes and infrast ructure. The guardrails and street improvements will be included in phase two and conversations with Chino Hills will be had regarding opening th e road . Also, he stated most of the improvements are located within Chino. The Chino Hills side consists mostly of pavement improvements and installation of signage. There i s a possibility that Chino Hills may opt to perform the work themselves. He assured the City Council that as phase two develops, staff will have discussions with Chino Hills about the potential for an amendment to the reimbursement agreement.
In respo nse t o q uestions from Cou ncil, Director Ja kher explained that discussions about opening the road for public use have not been had with Chino Hills. It is a public road and once the repairs are made it is technically open for public use; however, the road is cur rently blocked on the Chino Hills side. Staff is currently in the process of scoping the project to be able to open the road and once staff has the information it will be discussed with Chino Hil ls. In meantime, the road traveling to Euclid Avenue would be accessible.
Council Member Comstock supports what staff is trying to accomplish to improve traffic flow and access for first responders.
City Attorney Galante stated the road is designated a public throughfare and the city would have an obligation to open the road.
Discussion continued regarding phase one and phase two of the project.
City Manager Ballantyne explained that the reimbursement agreement for the second phase is dependent on the amount of work Chino Hills requests be done; therefore, the reimbursement percentage will vary and depend on the scope of work.
Mayor Ulloa suggested City Council consider closing out phase one of the project and authorize staff to proceed with the second phase.
Mayor Pro Tem Lucio pointed out that p hase one included the guardrails and other items and those items were moved into the second phase.
Mayor Ulloa stated the scope has changed due to the additional concrete work.
Mayor Pro Tem Lucio stated that conversations need to be had with Chino Hills regarding the scope of work for the second phase and anticipated costs as well as an understanding that the road will be open. Council Member Comstock agreed.
City Attorney Galant e further clarified that this item is a reimbursement fo r a specific scope of service and City of Chino Hills agreed to contribut e towards that scope of work . The additional work (phase two) requires a separate bid process and separate evaluations. He stat ed that keeping the road closed indefinitely is not an option.
Mayor Ulloa encouraged the City Council to approve the reimbursement agreement with Chino Hills as presented . The next ph ase is to complete the improvements, open the road for first responders and restore the road.
Moved by Mayor Pro Tem Lucio, seconded by Council Member Comstock, and carried on a 4-0-1 roll call vote, to 1) approve a Reimbu rsement Agreement with the City of Ch ino Hills for the Pine Avenue Road Repair at Chino Creek Project ST061; 2) increase the revenue for project ST061 in the amount of $117,905; and 3) authorize the City Ma nager to execute all necessary documents on behalf of the City.
10.2 CONSENT CALENDAR
Packet Pg. 50
CHINO CITY COUNCIL
FEBRUARY 1, 2022 6
AYES: COMSTOCK, FLORES, LUCIO, ULLOA.
NOES: NONE.
ABSENT: POCOCK.
NEW BUSINESS
9. Expenditure Plan for Ameri can Rescue Plan Act o f 2021 (A RPA) Coronavirus State and Local Fiscal Rec overy Fun d (CLFRF) Allocation to the City of C hino. Proposed City of Chino American Rescue Plan Act of 2021 (ARPA) Expenditure Plan Staff Report by: Vivian Castro, Deputy City Manager.
Moved by Council Member Flores, seconded by Mayor Pro Tem Lucio, and carried on a 4- 0-1 roll cal l vote, to 1) adopt R esolution N o. 2022 -009, approving the City of Chi no American Rescue Plan Act of 2021 (ARPA) Ex penditure Plan; 2) a pprove the acceptance and appropriation into the General Fund project G4066 the $14,987,541 grant fun ding; 3) transfer up to $1,750, 000 from Fund 100 to Fund 640 to provide Premium Pay for el igible City employees; 4) transfer from Fund 100 up to $3,083,848 to the various funds for the re-hiring of local government staff; 5) transfer from Fund 100 to Fund 640 $153,693 for Unemployment I nsurance B enefits; an d 6) authorize the City Manager and hi s designee(s) to take the appropriate and nec essary actions to ca rry out the proposed plan.
AYES: COMSTOCK, FLORES, LUCIO, ULLOA.
NOES: NONE.
ABSENT: POCOCK.
10. Change Order and Appropriation- Ayala Park Improvements - North Parking Lot, Picnic Pavilion, and Accessibility Project (PK221) . Approve a change order and an additional appr opriation to Klassic Engineering and Construction, Inc., Orange, CA for the Ayala Park Improvements-North Parking Lot, Picnic Pavilion, and Accessibility Project PK221.
Staff Report by: Keith Martinez, Assistant Project Coordinator.
Moved by Council Member Flores, seconded by Council Member Comstock, and carried on a 4-0-1 roll cal l vote, t o 1) approve a change order in the amount of $169,0 78.99 to Klassic Engineering and Construction Inc., Orange, CA for the Ayala Park Improvements- North Parking L ot, Picnic Pavilion, a nd Accessibility Project PK 221; 2) appropriate $88,986.84 from the unappropriated reserves from the Park Fund and increase the project budget to $1,683,086.84 3 ) approve a 10% contingency in the amount of $16,907.9 0; 4) authorize a v endor cap increase of $185,986.89 to equal a tota l not-to-exceed amount of $1,557,005.86 and 5) authorize the City Manager to execute all document s on b ehalf of the City.
AYES: COMSTOCK, FLORES, LUCIO, ULLOA.
NOES: NONE.
ABSENT: POCOCK.
11. Award a Professional Services Agreement - Comprehensive Classification, Compensation and Organizational Assessment. Award a Professiona l Services Agreement to Koff & Associates, Inc., for Compre hensive Classification, Compensation and Organization al Assessmen t and Associated Services.
10.2 CONSENT CALENDAR
Packet Pg. 51
CHINO CITY COUNCIL
FEBRUARY 1, 2022 7
Staff Report by: Anthony Arroyo, Director of Human Resources & Risk Management.
There was consensus by the City Council to direct to staff to proceed with the second phase of the class and compensation study for the remaining city positions.
Moved by Council Member Comstock, seconded by Council Member Flores, and carried on a 4-0-1 roll call vote, to 1) appropriate $111,540 from the unappropr iated reserves of the Water, Sewer and Sani tation Enterprise Funds ; 2) approve a Professional Services Agreement with Koff & Associates, A Gallagher Company, Berkeley, CA in the amount of $111,540 for C omprehensive Class ification, Compensation and Organi zational Assessment Services; 3) authorize additional expenditures for contract con tingencies of up to $30,000, for a total agreement amount not-to-exceed $141,540 and 4) authorize the City Manager to execute the necessary documents on behalf of the City.
AYES: COMSTOCK, FLORES, LUCIO, ULLOA.
NOES: NONE.
ABSENT: POCOCK.
MAYOR AND COUNCIL REPORTS
12. Planning Commission Appointments . Ratify the appointments of Kevin Cisneroz, L issa Fraga, and Lawrence Vieria to the Planning Commission.
Report by: Mayor Ulloa.
Moved by Mayor Pro Tem Lucio, seconded by Council Member Flores, and carried on a 4- 0-1 roll call vote, to ratify the appointments of Kevin Cisneroz, Lissa Fraga, and Lawrence Vieria to the Planning Commission for terms ending January 1, 2026.
AYES: COMSTOCK, FLORES, LUCIO, ULLOA.
NOES: NONE.
ABSENT: POCOCK.
City Clerk Angela Robles administered the Oath of Office to Commissione rs Kevin Cisnero z, Lissa Fraga, and Lawrence Vieria.
Mayor Ulloa
Mayor Ulloa reported on meetings and events attended since the last meeting that inclu ded the Mayor’s Prayer Br eakfast; Water Facilities Authority Board of Dire ctors; Watermaster Appropriative Pool Confidential Session, Advisory Committee, and R echarge Implementation Committee; filmed a segment for the State of the City; meeting with representatives of the Chino Valley Fire District to discuss items of mutual concern; West Valley Mosquito and Vector Control Board of Directors ; Watermaster Master Board o f Directors; and Chino Desalter A uthority Finance Committee.
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CHINO CITY COUNCIL
FEBRUARY 1, 2022 8
Mayor Pro Tem Lucio
Mayor P ro Tem Lucio repo rted on meetings and events attended since the last meeting that included a meeting with San B ernardino County Supervisor Curt Hagman, Council Me mber Comstock and City Manag er Ballan tyne regarding Chino’s sphere of influence; meeting with California State Senator Connie Leyva about grant funding opportunities for l ow income housing; site visit to Kimball Avenue with City Manager Ballantyne; meeting with representatives from the Chino Valley Fire District; meeting with Yolanda Holguin about a potential development project; and meeting with representatives from Rich land, Council Me mber Coms tock, City Manager Ballantyne, and Director Liguori to discuss the opening of Kimball Avenue.
Mayor Pro Tem Lucio thanked the Chino Valley Unified School D istrict Board of Education for approving the dedication of a facility in honor of former Council Member Mark Hargrove.
Council Member Comstock
Council Member Comst ock reported on meetings and events attended since t he last meeting that included the Mayor’s Prayer Breakfast; office hours; meeting with San Bernardino County Supervisor Curt Hagman; birthday celebration for Lisa Montijo , founder of UCHOOZ Positive Youth; Community Services Commission; West End YMCA Board; site visit with representatives of Richland and In -n-Out regarding Kimball Avenue and a commitment for them to have par tial opening of Kimba ll Avenue by February 22 nd; Chino Valley Realtors meeting ; a nd a meeting with California State S enator Con nie Leyva about her work in the State Sena te and future political aspirations in the county. C ouncil Memb er Comstock than ked the School Board for honoring former Council Member Mark Hargrove. Also, she issued a reminder to the community that today marks the 22nd anniversary of the passing of Russ Miller. The Russ for Run is a great tribute to keeping his memory alive and thanked everyone for their support and participation.
Council Member Flores
Council Member Fl ores reported on meetings and events attended since the last meeting that included a Chino Valley Chamber of Commerce ribbon cu tting for Advance Auto Parts; meeting with Lin Dudley, Police Sergeant Ted O lden and Transportation Manager Dennis Rall s about speeding and traffic conc erns; AYSO Board meeting; Chino Valley Chamber of Commerce ribbon cu tting for Let’s Party Entertainment; site vis it to Kim ball Avenue project; and School Board Special Meeting.
Council Member Pocock
Council Member Pocock was absent.
City Manager's Report
City Manager Matt Ballantyne announced that the Mayor’s State of the City event is scheduled for Tuesday, February 22, 2022, from 11:00 a.m. to 1:30 p.m. He encouraged all to attend and noted that proceeds go to the Chamber of Commerce.
City Attorney's Report
City Attorney Fred Galante had no report.
Police Chief's Report
Police Chief Wes Simmons thanked the City Council, businesses, and community for th eir support in honoring Russ Miller and en couraged everyone to attend the Run for Russ event on February 5, 20 22. He reported on the Etch and Cath program in Chino . This free program provides those who live or work in the city to visit select businesses to have their license plate number etched onto their catalytic converter in an effort to deter potential thieves.
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CHINO CITY COUNCIL
FEBRUARY 1, 2022 9
Fire Chief's Report
Deputy Fire Chief Nathan Cooke cautioned about the fire dangers present due to high wind s.
He reported that the valley is under a high wind warning due to the predicted Santa Ana winds expected to last through Thursday afternoon. Sadly, he r eported on the passing of firefighter/paramedics in the state who perished in the line of duty during the month of January.
ADJOURN
The meeting adjourn ed at 8:50 p.m. The next Regula r Meeting of the City Council will be h eld on Tuesday, February 15 , 2022 at 7:00 p.m. (Closed S ession at 6:00 p.m. if necessary) in these Council Chambers.
APPROVED AND ADOPTED THIS 15th DAY OF FEBRUARY, 2022.
EUNICE M. ULLOA, MAYOR
ATTEST:
ANGELA ROBLES, CITY CLERK
**************************************************
(These minutes are not official until signed.)
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Revenue: Expenditure: 1002000-43320
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
ADMINISTRATION DEPARTMENT
COUNCIL MEETING DATE: FEBRUARY 15, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: ANGELA ROBLES, CITY CLERK
SUBJECT: ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL, TRAINING, AND MEETINGS.
RECOMMENDATION
Receive and file the Elected City Officials’ Report reflecting City Council business related expenses incurred by the City.
FISCAL IMPACT
Sufficient funding is available in the adopted Fiscal Year 2021-22 Operating Budget.
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COUNCIL MEETING DATE: FEBRUARY 15, 2022
SUBJECT: ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL, TRAINING, AND
MEETINGS
PAGE 2
BACKGROUND
In accordance with Government Code Sections 53232.2 and 53232.3, implementing Assembly Bill 1234 (AB 1234), on January 1, 2006, the City adopted Resolution No. 2005 -093 establishing a Business-Related Expense Policy. On December 6, 2016, the Cit y 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 Ag enda 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.
Additionally, to provide the public with a n event forecast , Exhibit A also includes a list of future events/trainings that Members of the Council may attend.
Attachment: Exhibit A
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ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL,
TRAINING, AND MEETINGS
FEBRUARY 15, 2022 EXHIBIT A
Event Date Meeting Purpose and Subject Matter City Official Attendees
None.
Future Conference, Meeting, and Training events Council Member(s) may attend Event Date Meeting Purpose and Subject
Matter
Location
City Officials that may
attend
None
10.3.a
Elected Officials' Report Regarding Travel, Training, and Packet Pg. 57
Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
ADMINISTRATION DEPARTMENT
COUNCIL MEETING DATE: FEBRUARY 15, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: JACK MORGAN, ASSISTANT TO THE CITY MANAGER
SUBJECT: CITYWIDE LEGISLATIVE POLICY.
RECOMMENDATION
Adopt Resolution No. 2022-013, approving a Citywide Legislative Policy.
FISCAL IMPACT
There is no fiscal impact associated with this action.
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COUNCIL MEETING DATE: FEBRUARY 15, 2022
SUBJECT: CITYWIDE LEGISLATIVE POLICY
PAGE 2
BACKGROUND
The City of Chino has consistently expressed concerns and/or opposed legislation that limits local control, alters funding sources, or inhibits the delivery of public services and/or the preservation of public safety. The City continues to partner with the League of California Cities and our State legislative advocate, Gonsalves & Son, to ensure that proposed legislation best serves the Chino community.
However, as many California cities have experienced, the California State Legislature has more recently displayed a pattern of introducing and passing legislation that may directly and negatively affects municipalities.
ISSUES/ANALYSIS
The reason for adopting a formal Citywide legislative policy is three -fold. First, as noted above, the California State Legislature has displayed a more consistent pattern of pursuing legislation that restricts local autonomy and encumbers local resources. These efforts have been illustrated in different pieces of legislation. Recent examples include California State Senate Bill 9 (2020 - 2021 Regular Session) and California State Senate Bill 266 (2019 -2020 Regular Session) .
Where the former requires that cities approve urban lot splits in single -family zoned neighborhoods (with no affordable housing requirement), the latter requires that cities pay what the California Public Employee Retirement System has determined as “non -pensionable” benefits in perpetuity, thereby imposing a new and large financial burden on many cities.
Second, the legislative process is fluid. Amendments are often applied, and changes are made as the proposed bill works through different legislative c ommittees and house votes. Given this environment, it is necessary to have a local policy that guides and facilitates a swift response to any changes or new developments.
Third, more than 1,000 bills are introduced in a regular legislative session. With t he support of the League of California Cities and Gonsalves & Son, this policy helps narrow the City’s focus on bills most consequential to the City of Chino.
Therefore, in light of recent State legislation, and in the expectation that these policies and laws will continue to be pursued, it is recommended the City Council adopt Resolution No. 2022 -013, approving a Citywide Legislative Policy.
Attachments: Resolution No. 2022-013 - Citywide Legislative Policy
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RESOLUTION NO. 2022-013
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHINO, CALIFORNIA, APPROVING A CITYWIDE LEGISLATIVE
POLICY.
WHEREAS, the City of Chino is a growing and dynamic community that requires the support of, and coordination with, the State of California and other regional public agencies; and
WHEREAS, the City of Chino has consistently provided input and worked with partners like the League of California Cities to offer a collective and unified response to proposed legislation and/or regulations; and
WHEREAS, the City of Chino has expressed concerns with the growing trend of legislation that demonstrates an intent and patter n of limiting local control in municipal governance and administration; and
WHEREAS, given the legislative process’ fluidity, and to avoid a piece-by-piece approach that may lead to an untimely response, the City Council has identified a need to adopt a formal policy detailing the City of Chino’s approach to addressing Statewide legislative concerns.
NOW, THEREFORE, the City Council of the City of Chino resolves as follows:
SECTION 1: That the recitals detailed above are true and correct.
SECTION 2: That the City of Chino adopts the Citywide Legislative Policy attached hereto as Exhibit A.
SECTION 3: That if any section, subsection, sentence, clause, phrase, or portion of this resolution is held invalid or unconstitutional by any court of competent jurisdiction, such determination shall not affect the validity of the remaining portions of this resolution. The City Council declares that it would have enacted this resolution and each section, subsection, sentence, clause, or phrase hereof irrespective of any determination of invalidity.
SECTION 4: That this resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution.
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RESOLUTION NO. 2022-013
PAGE 2
APPROVED AND ADOPTED THIS FEBRUARY 15, 2022.
By:
EUNICE M. ULLOA, MAYOR
ATTEST:
By:
ANGELA ROBLES, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )ss.
CITY OF CHINO )
I, ANGELA ROBLES, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Chino at a regular meeting held on the 15th Day of February 2022 by the following votes:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ANGELA ROBLES, CITY CLERK
Attachments: Exhibits A – Citywide Legislative Policy.
10.4.a
Adopt Resolution No. 2022-013 - Legislative Policy Packet Pg. 61 Administrative Policy
Citywide Legislative Policy
I. Purpose Statement
To address legislative and regulatory concerns in a timely manner, this Citywide Legislative Policy details guiding principles that are organized around respective legislative, policy, and regulatory matters. Th is Citywide Legislative Policy intends to supplement the Citywide Strategic Plan while building an effective and flexible legislative advocacy strategy.
II. Guiding Principles
The Citywide Legislative Policy’s Guiding Principles are fundamental, overarching concepts that can be applied to respective legislative and/or regulatory matters. While legislative or regulatory proposals can range in breadth and complexity, these guiding principles will help narrow the City’s focus to those matters that are the most consequential to the City of Chino.
The Citywide Legislative Policy Guiding Principles include:
• Preserve Local Control: Ensuring that proposed legislation supports or expand s the decision-making authority of the local agency to provide public services to its community.
Preserving local control recognizes that Chino residents, through their democratic expression, have put in place elected officials best suited to make decisions that impact the immediate community. This also recognizes that imposing State mandates without appropriate reimbursement (commonly referred to as unfunded mandates) unnecessarily encumbers City resources which places an unreasonable burden on local agenci es to best serve their community.
• Protect and Expand Local Funding and Public Finance: The City will support measures that add to funding sources (e.g., grants or other funding programs). Likewise, the City will support legislation that protects existing funding sources, revenue bases, and local control over the municipal budgeting process. Conversely, the City will oppose efforts to shift local funds to State or County governments. The City will also support legislation, that through transparent tax structures and revenue allocations, seeks to secure a level of predictability in annual tax yields.
• Enhance Quality of Life: The City will support legislation that advocates for the safety, well-being, and security of its residents, businesses, and visitors. This includes legislation that assists the City and its local partners to help families with childcare needs or by providing robust after school programs; this also includes assisting those struggling with mental health and/or those experiencing homelessness. Finally, the City will support legislation that promotes public safety operations.
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Administrative Policy
Citywide Legislative Policy
III. Legislative, Regulatory, and Policy Areas:
The following are specific legislative and policy areas concerning the City of Chino. By identifying these issues, it is this policy’s intent to narrow the City’s focus on specific matters within the scope of the City’s Guiding Principles. These matters are not in ranked order. Rather, this list simply identifies matters of that are consequential to the City of Chino.
A. ONTARIO INTERNATIONAL AIRPORT (OIA ): As a neighbor to the OIA, the City of Chino certainly has a clear interest in fostering a collaborative relationship with the Federal Aviation Administration, the City of Ontario, and the Ontario International Airport Authority. Therefore, the City will:
i. Support efforts that consider the quality of life for communities adjacent to OIA.
This includes promoting environmentally safe aviation techniques that not only lessen OIA’s carbon footprint but also lessen the noise pollution generated from OIA activity.
ii. Support efforts to utilize other airports within the Greater Los Angeles area that can accommodate increased activity.
iii. Support legislative and regulatory initiatives to study and mitigate the noise and air quality impacts that are associated with air traffic overflights. iv. Support legislation that seeks to promote local control with airport administration and oppose efforts to regionalize aviation oversight as to minimize adjacent community concerns and influences.
B. FEDERAL LEGISLATION: The City of Chino partners with federal agencies and utilizes federal programs to deliver public services or improve undeveloped land. Therefore, the City will:
i. Support legislation that promotes flexibility to utilize funds that best meet local needs.
ii. Will work with federal agencies to develop sustainable land use and infrastructure plans in the southern part of Chino adjacent to the Pardo Basin and Santa Ana River.
iii. Will engage our local representatives to leverage federal funding for backbone infrastructure projects and social services.
C. HOUSING AND LAND USE REGULATIONS : By representing Chino residents, it is understood that Chino elected officials are best suited to make policy decisions surrounding local land uses. T hus, the City of Chino will support legislation that strengthens local control over land use decisions. Therefore, the City will:
i. Oppose any development agreement located in the City’s sphere of influence that does not align with City standards or General Plan.
ii. Support legislation that simplifies and streamlines Housing Element requirements.
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Administrative Policy
Citywide Legislative Policy
iii. Support measures that provide funding to help cities address affordable housing concerns.
iv. Support efforts that increase City input when Regional Housing Needs Assessments are analyzed and developed.
v. Support any measure or legislation that seeks to preserve or build the City’s local control over planning and zoning matters.
D. FISCAL RESPONSIBILITY AND STABILITY: Chino is a dynamic and growing community that requires and expects robust public services. This means the City will adamantly protect its revenue sources while simultaneously taking prudent measures to control operational costs. Therefore, the City will:
i. Support legislation or proposals that provide greater financial independence from the State by affording the City greater latitude to generate and control its own source revenue.
ii. Oppose any legislation that would constitute as an unfunded mandate. iii. Oppose any legislation that would unfairly redistribute general purpose tax revenue (e.g., sales tax revenue yields from online purchases). iv. Oppose legislation that would limit discretion with locally imposed taxes. v. Oppose any legislation that would remove or limit tax exemptions from municipal bonds.
vi. Support any legislation that helps build predictability in local government tax revenues, and likewise, oppose any legislation that reduces or eliminates local revenue sources.
E. EMPLOYEE RELATION S AND PENSION ADMINISTRATION : The City of Chino continues to employ best practices in the field of personnel management, and desires to see that State legislation will support our efforts. Therefore, the City will:
i. Support legislation that allows the City to more independently engage in employee relations and collective bargaining.
ii. Support legislation that fairly distributes financial obligations to fund pensions and other post-employment benefits between the City of Chino and its retirees. iii. Oppose legislation that undermines the relationship and understandings among the City of Chino, City of Chino employees, and the California Public Employee Retirement System (e.g., California Senate Bill 266, 2019-2020 Regular Session). iv. Oppose legislation that seeks to impose additional financial burdens on public agencies with its pension administration, employee relations, and/or collective bargaining practices.
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Administrative Policy
Citywide Legislative Policy
F. PUBLIC SAFETY AND COMMUNITY SERVICES: The City of Chino prides itself with providing excellent and robust pu blic safety, health, and recreation services . The City of Chino Police Department , Community Services Department, and Chino Valley Independent Fire District are staples in our community, and the City will support legislation that promotes their respective efforts. Therefore, the City will:
i. Support legislation that provides funding so that local agencies and their community partners are better equipped to support those experiencing mental health crises, homelessness, food insecurity, addiction, etc. ii. Support funding programs that help local agencies continue to improve, modernize, and make more accessible their local parks.
iii. Support legislation that yields greater latitude for local agencies to use asset forfeiture funds in a manner most effective for their respective communities. iv. Support legislation that assists and provides funding for local law enforcement efforts, fire suppression/prevention, hazardous materials mitigation, and disaster preparedness.
v. Support legislation that allows the City to better recoup the funds utilized when responding to a Citywide disaster/emergency.
vi. Support legislation that funds programs aimed at protecting youth from tobacco, alcohol, and drug use. This includes after school programs that offer positive activities for participants.
vii. Support legislation that strengthens law enforcement’s ability to enforce legal protections for all individuals that are victims of a crime. viii. Support legislation that helps law enforcement assuage the criminal and fiscal impacts of “early release” programs.
ix. Support legislation that funds and promotes interagency coordination.
G. LOCAL AND REGIONAL INFRASTRUCTURE: The City of Chino is a growing community that serves as a major residential and commercial area in both the Inland Empire and the Greater Los Angeles region. Given the consistent use and economic implications of Chino’s local and regional infrastructure, the City will continuously seek for opportunities that support infrastructure maintenance and construction. Therefore, the City will:
i. Support legislation that creates the framework for effective and beneficial collaboration with regional and neighboring agencies.
ii. Support legislation that provides funding and/or recognizes the importance of regional and local infrastructure within the San Bernardino, Los Angeles, Riverside, and Orange County areas.
iii. Support legislation that recognizes changing market trends and incorporates opportunities to facilitate these changing economic conditions.
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Administrative Policy
Citywide Legislative Policy
iv. Support legislation that promotes equitable fiscal liability and maintenance for regional infrastructure facilities.
H. ADMINISTRATIVE SERVICES: The City of Chino’s Administration Department serves as an intersection for all departments. The Administration Department facilitates the efforts of all departments while ensuring compliance with electoral and transparency laws. Therefore, the City will:
i. Support legislation that promotes modern, effective, and financially prudent means to meet legal noticing requirements for public meetings. ii. Support legislation that simplifies FPPC regulations and filing requirements. iii. Support legislation that cuts any unnecessary costs for municipal elections. iv. Oppose any legislation that would require additional costs without adequate reimbursement.
v. Support legislation that would assist cities in identifying, mitigating, and coming to a resolution on clear and unequivocal abuses of the California Public Records Act.
IV. Policy Changes and Amendments:
This policy may be changed with City Council approval by way of an adopted City Council Resolution.
V. Signature Authority:
Consistent with this Citywide Legislative Policy , letters or any other formal expressions of support or opposition to proposed legislation, regulations, or poli cies may be signed by the Mayor on behalf of the City of Chino. Given the legislative process’ fluidity and in the interest of time, s hould the Mayor be unable or present to sign on behalf of the City, then the City Council hereby designates the City Manager to sign on behalf of the City.
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Administrative Policy
Citywide Legislative Policy
VI. Public Review of Official City Positions:
Letters or other formal means of expression will be uploaded on the City’s website as a subpage to the Chino City Council webpage. Additionally, all letters or other formal means of expression will be provided to the City Council and public as an “Information” item in the next regularly scheduled agenda packet . Later in the legislative session (generally in September), City staff wi ll present a “Legislative Scorecard” in the City Council Agenda Packet as an “Information” item that will summarize the City’s position on legislative or regulatory matters, its status, and how Chino’s elected representatives of the California State Assembly and State Senate have voted on those issues (if applicable). Given the number of bills introduced in the California State Assembly and/or California State Senate, the number of bills where the City will take a formal position should be limited to those matters of greatest consequence or concern to the City of Chino.
10.4.b
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Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
ADMINISTRATION DEPARTMENT
COUNCIL MEETING DATE: FEBRUARY 15, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: JACK MORGAN, ASSISTANT TO THE CITY MANAGER
SUBJECT: BRAND-HUANG-MENDOZA TRIPARTISAN LAND USE INITIATIVE.
RECOMMENDATION
Adopt Resolution No. 2022-012, expressing the City of Chino's support for the "Brand-Huang- Mendoza Tripartisan Land Use Initiative."
FISCAL IMPACT
There is no fiscal impact associated with this action.
10.5 CONSENT CALENDAR
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COUNCIL MEETING DATE: FEBRUARY 15, 2022
SUBJECT: BRAND-HUANG-MENDOZA TRIPARTISAN LAND USE INITIATIVE PAGE 2
BACKGROUND
Many California municipalities have expressed concerns with recently passed state legislation.
In particular, cities have tended to focus on those pieces of legislation that center on land use and housing policies. While an array of housing and land use legislation has been challenging for many cities, the overarching concern has been the implications these laws have had over local control on land use decisions. While there is no doubt these pieces of legislation are well intended, the result has unfortunately been a pe rceived “one size fits all” approach to correct housing shortages and the statewide homeless crisis. While the City of Chino recognizes the importance of addressing these statewide issues, the City is concerned that some of the state’s solutions do not address the crises at hand, and instead, may alter community characteristics.
An example supporting this concern is best illustrated with the recently passed California Senate Bill 9 (Atkins, 2020-2021 Regular Legislative Session). As a reminder, California S enate Bill (SB) 9 requires that the City approve requests from property owners to add an additional home or even duplex on their lot - regardless of single -family zoning. Adding to the City’s concern was that SB 9 lacked any affordable housing requirements, and therefore, may not spur any meaningful affordable housing production.
ISSUES/ANALYSIS
Like Chino, many municipalities have expressed concerns with legislation like SB 9.
Unfortunately, despite voicing their perspectives and opposition, the Californi a State Legislature has displayed a pattern of continuing to introduce bills that undercut local autonomy - particularly with land use and housing policies.
To support cities in their efforts to serve their community, three Southern California cities developed the “Brand -Huang-Mendoza Tripartisan Land Use Initiative” (“Initiative”). The text to the Initiative is attached as Exhibit A to Resolution No. 2022 -012. In brief, the Initiative intends to amend Article XI of the California Constitution to place cert ain land use decisions under the City’s purview as opposed to the state. Moreover, the Initiative clarifies existing laws that cities must follow by delineating those matters that are of a statewide concern. However, by and large, the Initiative intends to provide more precedence to city general plans and local voter approved initiatives (e.g., Measure M).
To appear as a proposition ballot measure for the November 1, 2022 statewide election, the Initiative must obtain 997,139 signatures by May 2, 2022. Mor e information on the Initiative can be viewed at the following website:
<https://ourneighborhoodvoices.com/>
Attachments: Resolution No. 2022-012.
10.5 CONSENT CALENDAR
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R
ESOLUTION NO. 2022-012
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, EXPRESSING SUPPORT FOR THE “BRAND-HUANG-
MENDOZA TRIPARTISAN LAND USE INITIATIVE” TO AMEND ARTICLE
XI OF THE CONSTITUTION OF THE STATE OF CALIFORNIA TO MAKE
ZONING AND LAND USE COMMUNITY AFFAIRS, AND NOT OF STATE INTEREST.
WHEREAS, the Legislature of the State of California in recent years has proposed, passed, and signed into law a number of bills addressing a range of land use planning and housing issues; and
WHEREAS, the majority of these bills usurp the authority of local jurisdictions to determine for themselves the land use policies and practices that best suit each city and its residents and instead impose “one-size-fits-all” mandates that do not take into account the unique needs and differences of local jurisdictions throughout the State of California; and
WHEREAS, the majority of these bills do not provide any incentives or requirements for low-income affordable or moderate income workforce housing, but instead impose new policies that will incentivize speculation and result in the addition of market-rate or luxury housing, thereby eliminating the opportunity for local jurisdictions to implement effective policies that will create more affordable housing and affirmatively further fair housing practices; and
WHEREAS, the ability of local jurisdictions to determine for themselves which projects require review beyond ministerial approval; what parking requirements are appropriate for various neighborhoods; what housing plans and programs are suitable and practical for each community; and what zoning should be allowed for residential properties, rather than having these decisions imposed upon cities without regard for the unique circumstances and needs of each individual community, is a matter of critical importance to the City of Chino and many other municipalities focused on local zoning and housing issues; and
WHEREAS, the City Council of the City of Chino hereby determines that local government entities are best able to assess and respond to the unique needs of their respective communities and hereby objects to the proliferation of State legislation (including SB 9 and SB 10) that would deprive us of that ability.
NOW, THEREFORE, THE CITY COUNCIL OF THE City of Chino, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the City Council of the City of Chino is opposed to the legislature of the State of California continually proposing and adopting legislation that overrides the zoning and land use authority of local government and inhibits the ability of local government to effectively plan for and implement policies to stimulate the efficient production of affordable housing in the City of Chino.
10.5.a
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SECTION 2. That the City Council of the City of Chino supports the Brand- Huang-Mendoza Tripartisan Land Use Initiative (Attached to the Resolution as Exhibit A) to ensure that zoning and land use authority rests with the local government entities that represent the communities in which the residents reside, and to allow local government to participate in solving our affordable housing crisis through solutions that effectively address the unique needs and conditions of each local community.
SECTION 3. That the City Council of the City of Chino incorporates each recital set forth herein above.
The City Clerk of the City of Chino shall certify as to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 15th Day of February, 2022. _____________________________________
EUNICE M. ULLOA, MAYOR
ATTEST:
____________________________________
ANGELA ROBLES, CITY CLERK
10.5.a
Brand-Huang-Mendoza Tripartisan Land Use Initiative
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S
TATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF CHINO )I
, ANGELA ROBLES, City Clerk of the City of Chino, DO HEREBY CERTIFY that foregoing Resolution No. 2021-012 was duly passed and adopted by the City Council of the City of Chino at their regular meeting held February 15, 2022 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
____________________________________
ANGELA ROBLES, CITY CLERK
Attachments: Exhibit A
10.5.a
Brand-Huang-Mendoza Tripartisan Land Use Initiative Packet Pg. 72 58277666.v2
SECTION 1. The people of the State of California find and declare all of the following:
(a) The circumstances and environmental impacts of local land use decisions vary greatly across the state from locality to locality.
(b) The infrastructure required to maintain appropriate levels of public services, including police and fire services, parklands and public open spaces, transportation, water supply, schools, and sewers varies greatly across the state from locality to locality. (c) Land use decisions made by local officials must balance development with public facilities and services while addressing the economic, environmental, and social needs of the particular communities served by those local officials. (d) Thus, it is in the best interests of the state and local communities for these complex decisions to be made at the local level to ensure that the specific, unique characteristics, constraints, and needs of those communities are properly analyzed and addressed. (e) Gentrification of housing adjacent to public transportation will reduce or eliminate the availability of low or very low income housing near public transit, resulting in the loss of access by low or very low income persons to public transit, declines in public transit ridership, and increases in vehicle miles travelled.
(f) The State Legislature cannot properly assess the impacts upon each community of sweeping centralized and rigid state land use rules and zoning regulations that apply across the state without regard to community impacts and, as a result, statewide land use and zoning will do great harm to local communities with differing circumstances and concerns. (g) Community development should not be controlled by state planners, but by local governments that know and can address the needs of, and the impacts upon, local communities.
Local initiatives approved by voters pertaining to land use and zoning restrictions should not be nullified or superseded by the actions of any local or state legislative body. (h) Numerous state laws that target communities for elimination of zoning standards have been enacted, and continue to be proposed, that eliminate or erode local control over local development and circumvent the California Environmental Quality Act (“CEQA”), creating the potential for harmful environmental impacts to occur.
(i) The purpose of this measure is to ensure that all decisions regarding local land use controls, including zoning law and regulations, are made by the affected communities in accordance with applicable law, including but not limited to CEQA (Public Resources Code § 21000 et seq.), the California Fair Employment and Housing Act (Government Code §§ 12900 – 12996), prohibitions against discrimination (Government Code § 65008), and affirmatively furthering fair housing (Government Code § 8899.50). This constitutional amendment would continue to provide for state control in the coastal zone, the siting of a power plant that can generate more than 50 megawatts of electricity, or the development or construction of water, communication or transportation infrastructure projects which the Legislature declares are matters of statewide concern and are in the best interests of the state. For purposes of this measure, it is the intent that a transportation infrastructure project shall not include a transit-oriented development project that is residential, commercial, or mixed-use.
Exhibit A 10.5.b
Brand-Huang-Mendoza Tripartisan Land Use Initiative
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SECTION 2. Section 4.5 is added to Article XI of the California Constitution, to read:
SEC. 4.5. (a) Except as provided in subdivision (b), in the event of a conflict with a state statute, a county charter provision, general plan, specific plan, ordinance or a regulation adopted pursuant to a county charter, that regulates the zoning, development or use of land within the boundaries of an unincorporated area of the county shall be deemed a county affair within the meaning of Section 4 and shall prevail over a conflicting state statute. No voter approved local initiative that regulates the zoning, development or use of land within the boundaries of any county shall be overturned or otherwise nullified by any legislative body. (b) A county charter provision, general plan, specific plan, ordinance or a regulation adopted and applicable to an unincorporated area within a county, may be determined only by a court of competent jurisdiction, in accordance with Section 4, to address either a matter of statewide concern or a county affair if that provision, ordinance, or regulation conflicts with a state statute with regard to only the following:
(1) The California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), or a successor statute. (2) The siting of a power generating facility capable of generating more than 50 megawatts of electricity and the California Public Utilities Commission has determined that a need exists at that location that is a matter of statewide concern. (3) The development or construction of a water, communication or transportation infrastructure project for which the Legislature has declared in statute the reasons why the project addresses a matter of statewide concern and is in the best interests of the state. For purposes of this paragraph, a transportation infrastructure project does not include a transit-oriented development project, whether residential, commercial, or mixed-use.
(c) No modification to appropriations for state funded programs shall occur, and no state grant applications or funding shall be denied as a result of the application of this section. No benefit or preference in state appropriations or grants shall be given to an entity that opts not to utilize the provisions of this section.
(d) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SECTION 3. Section 5.5 is added to Article XI of the California Constitution, to read:
SEC. 5.5. (a) Except as provided in subdivision (b), in the event of a conflict with a state statute, a city charter provision, general plan, specific plan, ordinance or a regulation adopted pursuant to a city charter, that establishes land use policies or regulates zoning or development standards within the boundaries of the city shall be deemed a municipal affair within the meaning of Section 5 and shall prevail over a conflicting state statute. No voter approved local initiative that regulates the zoning, development or use of land within the boundaries of any city shall be overturned or otherwise nullified by any legislative body. (b) A city charter provision, general plan, specific plan, ordinance or a regulation adopted pursuant to a city charter, may be determined only by a court of competent jurisdiction, in accordance with Section 5, to address either a matter of statewide con cern or a municipal affair
10.5.b
Brand-Huang-Mendoza Tripartisan Land Use Initiative
Packet Pg. 74
58277666.v2
if that provision, ordinance, or regulation conflicts with a state statute with regard to only the following:
(1) The California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), or a successor statute. (2) The siting of a power generating facility capable of generating more than 50 megawatts of electricity and the California Public Utilities Commission has determined that a need exists at that location that is a matter of statewide concern. (3) The development or construction of a water, communication or transportation infrastructure project for which the Legislature has declared in statute the reasons why the project addresses a matter of statewide concern and is in the best interests of the state. For purposes of this paragraph, a transportation infrastructure project does not include a transit-oriented development project, whether residential, commercial, or mixed-use.
(c) No modification to appropriations for state funded programs shall occur, and no state grant applications or funding shall be denied as a result of the application of this section. No benefit or preference in state appropriations or grants shall be given to an entity that opts not to utilize the provisions of this section.
(d) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SECTION 4. Section 7 of Article XI of the California Constitution is amended to read:
SEC. 7. (a) A county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not that are not, except as provided in subdivision (b), in conflict with general laws. A county or city may not supersede or otherwise interfere with any voter approved local initiative pertaining to land use or zoning restrictions. (b) A county or city general plan, specific plan, ordinance or regulation that regulates the zoning, development or use of land within the boundaries of the county or city shall prevail over conflicting general laws, except for only the following:
(A) A coastal land use plan, ordinance or regulation that conflicts with the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), or a successor statute.
(B) An ordinance or regulation that addresses the siting of a power generating facility capable of generating more than 50 megawatts of electricity and the California Public Utilities Commission has determined that a need exists at that location that is a matter of statewide concern.
(C) An ordinance or regulation that addresses the development or construction of a water, communication or transportation infrastructure project for which the Legislature has declared in statute the reasons why the project addresses a matter of statewide concern and is in the best interests of the state. For purposes of this subparagraph, a transportation infrastructure project does not include a transit- oriented development project, whether residential, commercial, or mixed-use.
10.5.b
Brand-Huang-Mendoza Tripartisan Land Use Initiative
Packet Pg. 75
58277666.v2
(c) No modification to appropriations for state funded programs shall occur, and no state grant applications or funding shall be denied as a result of the application of this section. No benefit or preference in state appropriations or grants shall be given to an entity that opts not to utilize the provisions of this section.
(d) The provisions of this subdivision are severable. If any provision of this subdivision or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
10.5.b
Brand-Huang-Mendoza Tripartisan Land Use Initiative
Packet Pg. 76
Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
HUMAN RESOURCES DEPARTMENT
COUNCIL MEETING DATE: FEBRUARY 15, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: ANTHONY ARROYO, DIRECTOR OF HUMAN RESOURCES/RISK
MANAGEMENT
SUBJECT: RECLASSIFICATION AND AMEND MENT TO THE CITY'S CLASSIFICATION AND SALARY SCHEDULE.
RECOMMENDATION
Adopt Resolution No. 2022-014, 1) adding one Public Safety Dispatcher Supervisor position to the Police Department; 2) reclassifying the Development Services Department's position of Administrative Secretary to Management Assistant and position of Secretary to Clerk Typist II.
FISCAL IMPACT
There are sufficient funds available for this fiscal year in each department for the reclassification and the addition of a Public Safety Dispatch Supervisor, due to vacant positions. The reclassification of the Administrative Secretary to Management Assistant and Secretary to a Clerk Typist II will result in a corresponding net increase for FY2022 -23 of $17,808 to the Development Services Department, and to the Police Department, approximately $85,000, plus benefits.
10.6 CONSENT CALENDAR
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COUNCIL MEETING DATE: FEBRUARY 15, 2022
SUBJECT: RECLASSIFICATION AND AMENDMENT TO THE CITY'S CLASSIFICATION AND
SALARY SCHEDULE
PAGE 2
BACKGROUND
Police Department
The Chino Police Department’s Dispatch Center is comprised of twenty employees, which includes two Public Safety Dispatcher Supervisors, seventeen full -time Public Safety Dispatchers, and one part -time Public Safety Dispatcher. The dispatch center is staffed 168 hours a week by two to six on-duty dispatchers depending on the time of day. Currently, the two Supervisors work 40 hours per week on opposing days with one overlap day. The supervisors typically work from 9:00 a.m. to 7:00 p.m. during the heaviest call volume. Still, they are not in the dispatch center during early morning or evening and swing shift hours when there is also a need for supervision. Th is schedule means the dispatch center is staffed with a supervisor for only 70 hours of a 168 -hour workweek, leaving the dispatchers without a direct supervisor present for approximately 98 hours per week. The 70 hours a week of supervisor coverage is a best-case scenario and does not consider vacation time, sick leave, or time out of the office for required training.
During unsupervised hours in dispatch, issues arise that ultimately affect the productivity of the entire department. Challenges that occur without a supervisor present include personnel issues, lack of effective communication with patrol supervisors, and decisions being made without appropriate oversight. A dispatch supervisor is needed to increase effectiveness, reduce the potential for civi l liability during critical calls for service, and to provide the level of service that our internal and external customers expect and deserve.
Development Services
In September 2020, the full -time Secretary position became vacant due to the retirement of a long-term employee. The Development Services Department under -filled the full-time Secretary position to a full-time Clerk Typist II. This gave the department some time to evaluate the needs of the Secretary position as it relates to other clerical po sitions within Development Services. It has been known for quite some time that the Administrative Secretary performs duties that are typically not associated with similar positions within the City. Some of the duties of the Administrative Secretary incl ude assisting the Development Services Director along with division managers, providing responses to public inquiries across departments, overseeing clerical staff initiatives, and serving as Secretary to the Planning Commission. The reclassification of t he Administrative Secretary to Management Assistant will allow the Department to maintain these functions and assign additional duties as needed being that the Management Assistant allows for more duties and responsibilities. The reclassification will also allow for internal equity among positions with similar duties and levels of responsibility.
ISSUES/ANALYSIS
Police Department
Public Safety Dispatcher Supervisors ensure that the dispatch center is adequately staffed, personnel are trained, and they can handle the logistics and communications for any incident.
They also fulfill administrative requests, perform equipment maintenance, troubleshoot technical issues, address employee -related issues, assume dispatcher responsibilities when there are staff shortages or during a critical incident, complete annual evaluations, respond to discovery and Public Records Act requests, and various staff projects. These tasks often consume more time than their 40 -hour workweek causing each of the supervisors to average between four to
10.6 CONSENT CALENDAR
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COUNCIL MEETING DATE: FEBRUARY 15, 2022
SUBJECT: RECLASSIFICATION AND AMENDMENT TO THE CITY'S CLASSIFICATION AND
SALARY SCHEDULE
PAGE 3
six hours of overtime a week.
In the past, the Chino Police Department Dispatch Center had up to five dispatch supervisor positions for up to sixteen dispatchers. These numbers fluctuated over the last twenty years, and the supervisor to d ispatcher ratio varied but averaged approximately one supervisor to four dispatchers. Currently, the center’s ratio is one supervisor to nine dispatchers.
In 2007, the dispatch center had four supervisors and fifteen dispatchers. In 2008, when the recession occurred, this led to budget cuts and the reduction of two dispatch supervisor positions. Since that time, the supervisor positions have not increased, but the number of dispatchers and the call volume has. Dispatch is currently receiving about 6,600 mo re calls than in 2008, and they continue to do more with less supervision.
Technology also has advanced and requires more training, effort, and supervision to maintain.
Some of this technology includes Text to 911, Live 911, City Cameras, License Plate Rea ders, and the development of the Real Time Crime Center. With these developments, dispatchers are constantly getting alerts, assisting with viewing cameras, relaying more information to field personnel, and helping to solve crimes while they are occurring. These alerts require supervisory oversight and frequently need to be vetted with other local law enforcement agencies to prevent mistakes. Due to heavy workload, increase in calls for service, additional responsibilities, higher expectations, employee -related issues, and a lack of supervisor coverage, an additional supervisor is being requested.
Development Services
To better reflect the needs of the Department, the reclassifications of the Administrative Secretary to Management Assistant and the position of full -time Secretary to full -time Clerk Typist II are recommended. The reclassification of the Administrative Secretary to Management Assistant will allow for the incumbent to be properly classified to reflect the duties and responsibilities performed.
Attachment: Resolution No. 2022-014
10.6 CONSENT CALENDAR
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RESOLUTION NO. 2022-014
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, AMENDING CERTAIN PORTIONS OF RESOLUTION
NOS. 2021-047, 2021-060, 2021-064 AND 2021-071 OF THE CITY’S CLASSIFICATION AND SALARY SCHEDULE.
WHEREAS, the City Council of the City of Chino has the autho rity to create and maintain position classifications; and
WHEREAS, greater flexibility is desired to meet changing conditions and better serve general organizational needs; and
WHEREAS, the need to eliminate budgeted positions of Administrative Secretary and Secretary has been identified; and
WHEREAS, the need to add the position s of Public Safety Disp atcher Supervisor, Management Assistant and Clerk Typist II has been identified.
NOW, THEREFORE, BE IT RESOLVED that the following position changes ar e established:
Remove:
• One (1) Full-time Administrative Secretary, (Confidential) • One (1) Full-time Secretary, (Teamsters)
Add:
• One (1) Full-time, Public Safety Dispatcher Supervisor (Unrepresented Management)
• One (1) Full-time Management Assistant, (Confidential) • One (1) Full-time Clerk Typist II, (Teamsters)
APPROVED AND ADOPTED THIS 15th day of February, 2022.
________________________________
EUNICE M. ULLOA, MAYOR
ATTEST:
_____________________________
ANGELA ROBLES, CITY CLERK
CITY OF CHINO
10.6.a
Reclassification and Amendment to the City's
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RESOLUTION NO. 2021-014
PAGE 2
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )ss.
CITY OF CHINO )
I, ANGELA ROBLES, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Chino at a regular meeting held on the 15th Day of February 2022 by the following votes:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ANGELA ROBLES, CITY CLERK
10.6.a
Reclassification and Amendment to the City's
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Revenue: 33081204-59500-G8588 Expenditure: 33081204-40010-G8588
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
COMMUNITY SERVICES DEPARTMENT
COUNCIL MEETING DATE: FEBRUARY 15, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: LINDA REICH, DIRECTOR OF COMMUNITY SERVICES
SUBJECT: MASTER CONTRACT - CHINO VALLEY UNIFIED SCHOOL DISTRICT.
RECOMMENDATION
1) Approve a contract amendment to the McKinney -Vento Case Management Master Contract with the Chino Valley Unified School District; 2) appropriate an additional $25,000 from the unappropriated reserves of the Community Se rvices Fund, 3) increase the revenue budget of the Community Services Fund by $25,000, and 4) authorize the City Manager to execute all necessary documents on behalf of the City.
FISCAL IMPACT
Requires an additional appropriation of $25,000 from the unapp ropriated reserves of the Community Services Fund with a corresponding increase to the revenue budget.
10.7 CONSENT CALENDAR
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COUNCIL MEETING DATE: FEBRUARY 15, 2022
SUBJECT: MASTER CONTRACT - 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. Case Managers work with students/families identified as experiencing homelessness (or are in transition) to provide support services to addres s barriers to educational success like free/reduced lunch, transportation, tutoring, counseling, and clothing. This program assists students enrolled in the McKinney-Vento program who are identified through the Chino Valley Unified School District, Chino Community Services Department, Chino Police Department, and other community agencies.
ISSUES/ANALYSIS
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 Contract. Once services are rendered, the City bills the District, and the District reimburses the City. The McKinney -Vento Master Contract for Fiscal Year 2021 -22 was approved by the City Council on July 20, 2021.
The District amended the Mc Kinney-Vento Master Contract to increase the amount from $25,000 to $50,000. This requires an increase of $25,000 to both expense and revenue budgets.
Attachment: CVUSD - Amendment
10.7 CONSENT CALENDAR
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10.7.a
CVUSD Master Contract - McKinney-Vento Case
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Revenue: 5203100-59500-G4067 Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
FINANCE DEPARTMENT
COUNCIL MEETING DATE: FEBRUARY 15, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE
SUBJECT: CALIFORNIA WATER AND WASTEWATER ARREARAGE PAYMENT PROGRAM GRANT ACCEPTANCE.
RECOMMENDATION
1) Accept and approve the use of $749,578.02 of grant funds (G4067) as outlined by the State of California under the California Water and Wastewater Arrearage Payment Program to pay past due monthly bills for water service; 2) authorize the City Manager, or his designee, to execute all necessary documents on behalf of the City.
FISCAL IMPACT
Appropriate revenue in the amount of $749,578.02 to the Water Fund 520. Acceptance of the grant proceeds will allow the City's Water Utility to collect $727,745.65 in water usage charges on behalf of customers that might not otherwise be collected due to COVID-19 related impacts, plus administration charges of $21,832.37.
10.8 CONSENT CALENDAR
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COUNCIL MEETING DATE: FEBRUARY 15, 2022
SUBJECT: CALIFORNIA WATER AND WASTEWATER ARREARAGE PAYMENT PROGRAM
GRANT ACCEPTANCE
PAGE 2
BACKGROUND
The COVID-19 pandemic has made it challenging for our residents to pay their utility bills due to job loss and other hardships. Through federal funding allocated by the state legislature, the State Water Board has developed the California Water and Wastewater Arrearage Payment Program to provide relief to w ater systems for unpaid bills related to the pandemic. Funding will cover water debt from residential and commercial accounts accrued between March 4, 2020, and June 15, 2021. The program will initially prioritize covering drinking water for residential an d commercial arrearages and 3% in administrative costs.
In compliance with the Program guidelines and SB155, staff has offered Chino residents t he opportunity to enroll in a payment plan to aid those in need and decrease their delinquent balance.
There is a total of 1,028 accounts that have accrued water debt within the specified time frame of March 4, 2020, and June 15, 2021. Of the 1,028 accounts, there are 915 residential accounts and 113 commercial accounts. The total award is $749,578.02.
Type of Account Number of Accounts Award Amount
Residential 915 $671,165.57
Commercial 113 $56,580.08
Subtotal 1,028 $727,745.65
Administrative Costs (3%) $21,832.37
Total Award $749,578.02
Any funds received by the City and not credited to customer accoun ts or used by the City as administrative costs to apply for funding with the California Water and Wastewater Arrearage Payment Program, must be remitted back to the State Water Board within six months of receiving payment. Staff will notify customers in w riting of the amount credited and indicate the credited amount is being provided through the California Water and Wastewater Arrearage Payment Program through funding from the State Water Resources Control Board using federal America Recovery Plan Act (ARPA) funds, as is required by the provisions of the grant.
ISSUES/ANALYSIS
Water systems that participate in the Program must:
1) Waive customer late fees for any arrearages accrued during the COVID-19 pandemic bill relief period in their entirety;
10.8 CONSENT CALENDAR
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COUNCIL MEETING DATE: FEBRUARY 15, 2022
SUBJECT: CALIFORNIA WATER AND WASTEWATER ARREARAGE PAYMENT PROGRAM
GRANT ACCEPTANCE
PAGE 3
2) Allocate payments as bill credits to customer accounts within 60 days of receiving payment;
3) Notify customers of the amount credited, and if splitting the credit between tax years, when the second credit will be applied;
4) Offer to enroll customers with remaining debt into a payment plan by direct notification to each customer;
5) Allow customers 30 days to enroll in a payment plan; 6) Not discontinue water service until the customer defaults on the payment plan or misses the deadline to enroll in the payment plan;
7) Not discontinue water service prior to the date established in 116733.4 (e)(2)(A); 8) Comply with all terms and conditions of payment; and 9) Report on expenditures and customer credits.
Staff believes that the provisions of the grant ar e acceptable and within normal operating procedures. Therefore, acceptance and application of the grant proceeds is recommended.
RB:hm
10.8 CONSENT CALENDAR
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Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: FEBRUARY 15, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR
SUBJECT: THE PRESERVE DEVELOPMENT AGREEMENT – PARTIAL ASSIGNMENT AND ASSUMPTION.
RECOMMENDATION
Approve an Assumption and Partial Assignment of the Preserve Development Agreement between the City of Chino, a municipal corporation; Chino Development Corporation, a California corporation; and Richmond American Homes of Maryland, Inc., a Maryland corporation; and authorize the City Manager to execute all documents on behalf of the City.
FISCAL IMPACT
There is no direct fiscal impact to the City of Chino.
10.9 CONSENT CALENDAR
Packet Pg. 88
COUNCIL MEETING DATE: FEBRUARY 15, 2022
SUBJECT: THE PRESERVE DEVELOPMENT AGREEMENT – PARTIAL ASSIGNMENT AND
ASSUMPTION
PAGE 2
BACKGROUND
In 2004, the City ente red into The Preserve Development Agreement (DA) with Chino Development Corporation, Chino Preserve Development Corporation, and Chino Holding Company, LLC (Lewis Companies).
The Preserve is a master -planned residential and commercial community. The DA inc ludes the terms and conditions for the development on property owned by the Lewis Companies and established the rights and obligations through the build-out of The Preserve Specific Plan Area.
ISSUES/ANALYSIS
Per the terms of the DA, the Lewis Companies h ave the right to sell, transfer, or assign property in whole or in part provided the transfer does not violate the provisions of the Subdivision Map Act - Government Code Section 66410 or Title 19 of the Chino Municipal Code.
Lewis Companies approached the City to request the approval of a Partial Assignment and Assumption Agreement with the purchaser, Richmond American Homes of Maryland, Inc. for the acquisition of certain property as depicted in Exhibit A. Because this property is covered by the existing DA, it is necessary for the City Council to provide its consent to the Partial Assignment and Assumption Agreement (Assignment) as described in Exhibit B.
Lewis Companies is selling said property in accordance with the terms and conditions set forth in the Sale Agreement between Richmond American Homes of Maryland, Inc. and Chino Preserve Development Corporation and its affiliates (CPDC). The proposed Assignment requires the City to release CPDC from obligations under the Preserve Development Agreement as to the property covered by the Assignment. Staff is not aware of any outstanding issues that would prevent that release. Therefore, it is staff’s recommendation that the City Council approve the Assignment of the Preserve Development Agreement between the City of Chino, CPDC, and Richmond American Homes of Maryland, Inc., a Maryland corporation.
Attachments: Exhibit A - Location Map
Exhibit B - Partial Assignment of the Preserve Development Agreement
10.9 CONSENT CALENDAR
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10.9.a
Partial Assignment & Assumption (DA) - Richmond
Packet Pg. 90
10.9.b
Partial Assignment & Assumption (DA) - Richmond
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10.9.b
Partial Assignment & Assumption (DA) - Richmond
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10.9.b
Partial Assignment & Assumption (DA) - Richmond
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10.9.b
Partial Assignment & Assumption (DA) - Richmond
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10.9.b
Partial Assignment & Assumption (DA) - Richmond
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10.9.b
Partial Assignment & Assumption (DA) - Richmond
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10.9.b
Partial Assignment & Assumption (DA) - Richmond
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10.9.b
Partial Assignment & Assumption (DA) - Richmond
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10.9.b
Partial Assignment & Assumption (DA) - Richmond
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10.9.b
Partial Assignment & Assumption (DA) - Richmond
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Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: FEBRUARY 15, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR
SUBJECT: PUBLIC IMPROVEMENT AGREEMENT FOR OFFSITE IMPROVEMENTS FOR FUTURE SCHOOL SITE (THE PRESERVE).
RECOMMENDATION
1) Approve a Public Improvement Agreement with Chino Preserve Development Corporation for the construction of off-site facilities supporting future development of the second school site generally located on the northeast corner of East Preserve Loop and Market Street in The Preserve; and 2) authorize the City Manager to execute the necessary documents on behalf of the City.
FISCAL IMPACT
There is no direct fiscal impact.
10.10 CONSENT CALENDAR
Packet Pg. 101
COUNCIL MEETING DATE: FEBRUARY 15, 2022
SUBJECT: PUBLIC IMPROVEMENT AGREEMENT FOR OFFSITE IMPROVEMENTS FOR
FUTURE SCHOOL SITE (THE PRESERVE)
PAGE 2
BACKGROUND
Lewis Management Corporation known as Chino Development Corporation, Chino Preserve Development Corporation, and Chino Holding Company, LLC (collectively referred to as “Lewis”) is the master developer in The Preserve Specific Plan area. Since 2004, Lewis has facilitated the development of The Preserve, which includes master -planned residential and commercial communities. The Preserve’s vision also includes school expansion projects to increase the educational opportunities to the City’s school-aged children.
Lewis entered into a purchase and sale agreement with the Chino Valley Unified School District (CVUSD), which requires the developer to construct the off -site, backbone facilities supporting the future development of the second school site in The Preserve. Currently, Lewis is looking to accelerate the required public improvements for the future twelve -acre school site located on the northeast corner of East Preserve Loop and Market Street (Exhibit A).
Consequently, Lewis has requested to ent er into a Public Improvement Agreement with the City and post the necessary securities to ensure the timely delivery of the public improvements. The required public improvements include, but are not limited to curb, gutter, sidewalk, drive approach, landsc ape, streets, domestic water, and drainage improvements. The public improvements shall be designed and constructed to meet all accessibility requirements.
ISSUES/ANALYSIS
To guarantee the completion of said improvements, the developer has submitted the Pu blic Improvement Agreement and the necessary bonds to the City. The City Attorney has reviewed and approved the agreement and bonds.
The project is exempt from the California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15332, Infill Development Projects.
Attachments: Exhibit A - Project Location Map
Exhibit B - Public Improvement Agreement
10.10 CONSENT CALENDAR
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10.10.a
PIA – Backbone Improvements Future School Site "The
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01225.0006/367559.3 Updated 10-2020
PUBLIC IMPROVEMENT AGREEMENT
by and between
CITY OF CHINO
and
CHINO PRESERVE DEVELOPMENT CORPORATION
10.10.b
PIA – Backbone Improvements Future School Site "The
Packet Pg. 104
01225.0006/367559.3
PUBLIC IMPROVEMENT AGREEMENT BETWEEN
THE CITY OF CHINO
AND
CHINO PRESERVE DEVELOPMENT CORPORATION
Agreement Date: February 15, 2022
Developer Name: Chino Preserve Development Corporation
Description: Lewis entered into a purcha se and sale agreement with the Chino Valley Unified School District , which requires the developer to construct the off -site, backbone facilities supporting the future development of the second school site in The Preserve. Currently, Lewis is looking to accelerate the required public improvements for the future twelve (12) acre school site located on the north-east corner of East Preserve Loop and Market Street.
Estimated Total Cost of Improvements: $1,297,800.00
Security:
Bond No.: ____________________
Surety: ___________________
10.10.b
PIA – Backbone Improvements Future School Site "The
Packet Pg. 105
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Designees for the Service of Written Notice:
CITY: DEVELOPER
Assistant City Engineer
13220 Central Avenue
Chino, CA 91710
(909) 334-3417
Chino Preserve Development Corporation
Attn: Mr. Bryan Goodman
1156 N. Mountain Avenue
Upland, CA 91785-0670
(909) 946-7500
[email protected]
CITY PROJECT INSPECTOR
Isaac Ortega
Permit & Inspection Supervisor
13220 Central Avenue
Chino, CA 91710
(909) 334-3501
[email protected]
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TABLE OF CONTENTS
1. Construction Obligations
1.1 Works of Improvement
1.2 Other Obligations Referenced in Conditions of Approval
1.3 Intent of Plans
1.4 Survey Monuments
1.5 Performance of Work
1.6 Changes in the Work
1.7 Defective Work
1.8 No Warranty by City
1.9 Authority of the City Engineer
1.10 Documents Available at the Site
1.11 Inspection
1.12 Compliance With Law; Applicable Standards for Improvements
1.13 Suspension of Work
1.14 Erosion and Dust Control and Environmental Mitigation
1.15 Final Acceptance of Works of Improvement
1.16 Vesting of Ownership
1.17 Developer’s Obligation to Warn Public During Construction
1.18 Injury to Public Improvements, Public Property or Public Utility
2. Time for Performance
2.1 Commencement and Completion Dates
2.2 Phasing Requirements
2.3 Force Majeure
2.4 Continuous Work
3. Labor
3.1 Labor Standards
3.2 Nondiscrimination
3.3 Licensed Contractors
3.4 Workers’ Compensation
4. Security
4.1 Required Security
4.2 Form of Security Instruments
4.3 Developer’s Liability
4.4 Letters of Credit
4.5 Release of Security Instruments
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5. Cost of Construction and Provision of Inspection Service
5.1 Developer Responsible for All Related Costs of Construction
5.2 Payment to City for Cost of Related Inspection and Engineering Services
5.3 Payment of Development Impact Fees
6. Acceptance of Offers of Dedication
7. Warranty of Work
8. Default
8.1 Default by Developer
8.2 Remedies
8.3 Remedies Not Exclusive
8.4 Attorney’s Fees and Costs
8.5 Waiver
9. Indemnity/Hold Harmless
10. Developer’s Indemnity of Project Approval
11. Insurance Requirements
12. Environmental Warranty
13. General Provisions
13.1 Successors and Assigns
13.2 No Third Party Beneficiaries
13.3 No Vesting Rights
13.4 Developer is Not Agent of City
13.5 Time of the Essence
13.6 Notices
13.7 No Apportionment
13.8 Severability
13.9 Captions
13.10 Incorporation of Recitals
13.11 Interpretation
13.12 Entire Agreement; Waivers and Amendments
13.13 Counterparts
14. Authority
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1 PUBLIC IMPROVEMENT AGREEMENT
THIS PUBLIC IMPROVEMENT AGREEMENT (this “Agreement”) is en tered into this 15th day of February, 2022, by and between the CITY OF CHINO, a municipal corporation, organized and existing in the County of San Bernardino, under and by virtue of the laws of the State of California, (“CITY”), and Chino Preserve Development Corporation (“DEVELOPER”).
RECITALS
A. Developer is the owner of certain rea l p roperty located i n the Ci ty o f Chino, County of San Bernardino , State of California (the “Property”), as described o n Exhibit “A”, which Developer proposes to develop and construct certain work s of improvement thereon, as hereafter set forth.
B. Developer entered into a purchase and sale agreement with the Chino Valley Unified School District , which requires the developer to construct the off -site, backbone facilities supporting the future development of the second school site in The Preserve.
Currently, Lewis is looking to accelerate the required public improvements for the future twelve (12) acre school site located on the north-east corner of East Preserve Loop and Market Street (the “Project”).
C. The City desires to assure that said improvements proposed for the Proje ct will be constructed in a good workmanlike manner and in accordance with all applicable laws, statues, ordinances, resolut ions and regulations now in force a nd effect in the City of Chino and the State of California, all of which are incorporated herein.
D. The Developer acknowledges fa miliarity with the various requirements for public improvements contained in the Chino Municipal Code and agrees to comply therewith.
COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference an d in consideration of City ’s site plan or other entitlements for the Property and permitting development of the Property to proceed, Developer agrees to timely perform all of its obligations as set forth herein.
1. Construction Obligations.
1.1. Works of Improveme nt. Developer agrees, at its so le c ost and expense, to construct or install, or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer , street lighting, landscaping, utility, and other improvements more fully described as Exhibit “B” attached hereto (the “Works of Improvement ”), as the same may be supplemented and revised from time to time a s set forth in this Agreement (said plans and specifications, together with all related documents, the “Plans”). The estimated cons truction cost for the Works of Improvement is $1,297,800.00.
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2 1.2. Other Obligations Referenced in Conditions of Tentativ e Map Approval . In addition to the foregoing, Developer shall satisfy all of the other Conditions associated with the Project and the Property. The Conditions associated with the Map are included in Exhibit “B” attached hereto.
1.3. Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Developer shall perform or cause to be perfo rmed in a manner acceptable to the City Engineer, (or designee), and in full compliance with all codes and the term s of this Agreement. Developer shall complete a functional or operable improvement or facility, even though the Plans may not specifically ca ll out all items of work required for Developer’s contractor to complete its tasks, incidental appurtenances, mater ials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Developer or i ts con tractor shall immediately not ify its design engineer who will seek approval of the City Engineer for furnishi ng of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final.
Developer recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by th e C ity Engineer. The Plans s hall be supplemented by such working or shop drawings as are necessary to adequa tely control the work. Without the City Engin eer’s prior written approval, no change shall be made by Developer or its contractor to any pla n, specification, or working or shop drawing after it has been stamped as approved.
1.4. Performance of Work . Developer shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, tran sportation, and incidentals require d to perform Developer’s obligations under this Agreement.
1.5. Changes in the Work . The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necess ary or desirable by the City Engineer as determined necessary to accomplish the purposes of thi s Agre ement and to protect the public health, safety, or welfare. The City Engineer shall notify Developer or its c ontractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes perfo rmed o r p roposed by Developer or it s co ntractor shall be binding on City unless approved in writing by the City Eng ineer. The City and Developer may mutually agr ee upon changes to the Works of Improvement , subject to the security requirements in Section 4.
1.6. Defective Work . Developer shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective.
1.7. No Warranty by City . The Plans for the Works of Improvement have been prepared by or on behalf of Developer or its co nsultants or contractors, and City makes no representation or warranty, express or implied, to Developer or to any other perso n regarding the adequacy of the Plans or related documents.
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3 1.8. Authority of the City Engineer . I n addi tion to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which ma y arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory an d acceptable fulfillment of the terms of this Agreement by Developer and its contractor.
1.9. Documents Available at the Site . Developer shall cause its contractor to keep a copy of all approved Plans at the job site and sha ll give access thereto to the City’s inspectors and engineers at all times.
1.10. Inspection. Developer shall have an a uthorized representative on the job site at all times during which work is being done who has full authority to act for Developer, or its design en gineer, and Developer’s contr actor(s) regarding the Works of Improvement.
Developer shall cause its contract or to furnish the City with every reasonable f acility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent o f th is Agreement, including the Plans. If the City inspector requests it, the Developer’s contractor, at any time before acce ptance of the Works of Improvement, shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the Developer’s contractor shall restore said portions of the work to the standa rds required hereunder. Inspection or supervision by the City Engineer (or designee) shall not be considered as direct control of the individual workmen on the job site. City’s inspectors shall have the autho rity to stop any and all work not in accordance with the requirements contained or referenced in this Agreement.
The inspection of the work b y City shall not relieve Developer or its contractor of any obligations to fulfill this Agreement as herein provide d, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted.
1.11. Compliance With Law; Applicable Standards for Improvements. In addition to the express provisions of this Agreement and the Plans, Developer shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. In addition, without limiting the foregoing, the Developer shall, at its expense, obtain and c omply with the conditions of all necessary permits and licenses for the construction of the Wor ks of Improvement. The Developer shall also give all necessary notices and pay all fees and taxes as required by law.
Developer shall construct the improvements in accordance with the City standards in effect at the time of the adoption of this Agreement. City reserves the right to protect the public safety or welfare or comply with applicable Federal or State law or City zoning ordinances.
1.12. Suspension of Work. The City Engineer shall have authority to order suspension of the work for failure of the Developer’s contractor to comply with la w pu rsuant to Section
1.12. In case of suspension of work for any cause what soever, Developer and its contractor shall be res ponsible for all materials and shall store them properly if necessary , and shall provide suitable interim drainage and/or dust control measures, and erect temporary structures where necessary.
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4 1.13. Erosion and Dust Control and Environmental Mitigation. All grading, landscaping, and construction activities shall be performed in a manner to control erosio n and prevent flooding problems. T he C ity Engineer shall have the authority to require erosion plans to prescribe reasonable controls on the method, manner, and time of grading, landscaping, and construction activities to prevent nuisances to surrounding properties. Plans shall include without limitation temporary drainage and erosion control requirements, dust contr ol procedures, restrictions on truck and other construction traffic routes, noise abatement procedures, storage of materials and equipment, r emoval of garbage, trash, and refus e, securing the job site to prevent injury, and similar matters.
1.14. Final Acceptanc e of Works of Improvement . After Developer’s contractor has completed all of the Works of Improvement, Developer shall then request a final inspection of the work. If items are found by the City’s inspectors to be incomplete or not in compliance with this Agreement or any of the requirements contai ned or referenced herein, City will inform the Developer or its contractor of such items. After the Developer’s contractor has com pleted these items, the procedure shall then be the same as specified above for the Developer’s contractor’s initial request f or final inspection. If items are found by City ’s inspector s to be incomplete or not in compli ance a fter two (2) “final” inspections, the City may require the Developer or its contractor, as a condition to per forming further field inspections, to submit i n writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. Developer shall be responsible for pay ment to City Engineer of re -inspection fees in the amount necessary to cover the City’s costs for additional final inspections, as determined by the City Engineer.
No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part un til the overall final acceptance by the City Engineer is made. The City Engineer shall make a c ertification of completion and acce ptance on the Works of Improvement by recordation of a Notice of Acceptance on b ehalf of the City.
Final acceptance shall not constitute a waiver by the City Engineer of defective work subsequently discovered.
The date o n which the Works of Improvement wi ll be considered as complete shall be the date of the Notice of Acceptance.
1.15. Vesting of Ownership. Upon recordation of the Noti ce of Acceptance, ownership of the Works of Improvement shall vest in the City.
1.16. Developer’s Obl igation t o Warn Public During Const ruction. Until recordat ion of the Notice of Acceptance , Developer shall give goo d and adequate warning to the public of any dangerous condition of the Works of Improvements, and shall take reasonable actions to protect th e publ ic from such dangerous condit ion. Until re cordation of the Notice of Acceptance, Developer shall provide forty-eight ( 48) hours’ advance written notice to all neighboring property owners and tenants affected by Developer’s operations or construction of the hours, dates and duration of any planned construction activities.
1.17. Injury to Public Improvements, Public Pro perty or Public Utility. Until recordation of the Notice of Acceptance of the Works of Improvement , Developer assumes responsibility
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5 for the care and maintenance of, and any da mage to, the Works of Improvements. Developer shall replace or repair all Works of Improvements, public property, public utility facilities, and surveying or subdivision monuments and benchmarks which are destroyed or dam aged f or any reason, regardless whe ther resulting from the acts of the Developer, prior to the recordation of the N otice of Acceptance. Developer shall bear the entire cost of such replacement or repairs regardless of what entity owns the underlying proper ty. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.
Neither the City, nor any officer or employee the reof, shall be liable or responsible for any accident, loss or damage, regardless of cause, occ urring to the work or Works of Improvements prior to recordation of the Notice of Acceptance of the work or improvements.
2. Time for Performance.
2.1. Commencement and Completion Dates. Subject to Section s 2.2 and 2.3 below, Developer shall (i) commence with co nstruction and installation of the Works of Improvement thirty (30) days following City ’s approval of the Plans ( “Commencement Date ”); and (ii) complete or cause to be completed all of the Works of Improvement within two (2) years after the Commencement Date. In the event good cause exists as determined by the City Engineer, the time for commencement of construction o r completion of the Works of Improvement hereunder may be extended by up to three (3) additional one year periods. Extensions shall be executed in writing by the City Engineer. The City Engineer in his or her sole discretion determines whether or not the Developer has established good cause for an ext ension. As a condition of such extension, the City Engineer may require Developer to furnish ne w security guaranteeing performance of this Agreement, as extended, in an increased amount to compensate for any in crease in construction costs as determined by the City Engineer. If Developer requests and is granted an extension of time for completion of the improvements, City may apply the standards in effect at the time of the extension.
2.2. Phasing Requirements. Notw ithstanding the provisions of Section 2.1, the City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely p rovision of public services and facilities. In addition to whatever other remedies the City may have for Developer’s failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Developer acknowledges City ’s right to withhold the issuance of further buildin g permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Developer shall p rovide satisfactory evidence that all applicable requirements that are a conditi on to issuance of building permits have been s atisfied. Such requirements may include the payment of fees, construction of improvements, or b oth. Final inspections or issuance of Certificates of Occupancy may be withheld from the Developer by the City, if , upon a determination by the City Engineer, completion of specific Works of Improvements or other requirements associated with the developme nt of the Property have not been co mpleted to the City Engineer ’s satisfaction.
2.3. Force Majeure. Notwithstanding th e provisions of Section 2.1, Developer’s time for commencement and completion of the Works of Improvement shall be extended for the
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6 period of any enforced delay caused due to c ircumstances beyond the control and without the fault of Developer, including to the extent applicable adverse weather conditi ons, flood, earthquakes, strikes, lockouts, pandemics, acts or failures to act of a public agen cy (including City), required changes to the scope of work required by City, and similar causes; provided, however, that the period of any enforced delay hereund er shall not include any period longer than five (5) days prior to City ’s receipt of a written notice from Developer or its contractor detailing the grounds for Developer’s claim to a right to extend its time f or performance hereunder. The City Engineer s hall evaluate all claims to Force Majeure and make a reasonable determination regarding the len gth of any extension of time for co mmencement and/or completion of the Works of Improvement and the City Engineer’s decision shall be final.
2.4. Continuous Work . A fter commencement of construction of the Works of Improvement (or separate portion thereof), Developer shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecut ive period or more than thirty (30) days, events of Force Majeure excepted.
3. Labor.
3.1. Labor Standards. This Agreement is subject to, and Developer agrees to comply with, all of the applicable provisions of the Labor Code including, but not limited to, the w age and hour, prevailing wage, worker compensa tion, and various other labor requirements in Division 2, Part 7, Chapter 1, including section 1720 t o 1740, 1770 to 1780, 1810 to 1815, 1860 to 1861, which provisions are specifically incorporated herein by re ference as set forth herein in their entirety. Developer shall expressly require compliance with the provisions of this Section in all agreem ents w ith contractors and subcontra ctors for the performance of the Works of Improvement.
3.2. Nondiscrimination. In a ccordance with the California Fair Employment and Housing Act ( “FEHA”), California Government Code Section 12940 et seq., Developer agrees that Developer, its agents, employees , contractors, and subcontractor performing any of the Works of Improvement shal l not discriminate, in any way, against any person on the basis of race, ethnicity, religious creed, color, national origin, ancestry, physic al dis ability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientatio n, o r military and veteran status . Developer shall expressly require compliance with the provis ions o f this Section in all agreeme nts with contractors and subcontractors for the performance of this Agreement.
3.3. Licensed Contractors. Developer shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid C alifornia Contractors’ licenses for the type of work being performed. All of Developer’s contractors and subcontra ctors shall obtain a valid City of Chino business license prior to performing any work pursuant to this Agreement. Developer shall provide th e City Engineer with a list of all of its contractors and subcontractors prior to initiating any work, and all vali d Contractor ’s licenses and business licenses issued thereto as a condition of constructing the Works of Improvements.
3.4. Worker’s Compensation . Developer shall cause every cont ractor and subcontractor performing any of the Works of Improvement to carry Wor kers’ Compensation
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7 Insurance as required by th e Labor Code of the State of California and shall cause each such contractor and subcontractor to sub mit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site.
4. Security.
4.1. Required Security.
(a) At the time Developer executes this Agreement, Developer shall furnish to City the follo wing b onds, letters of credit, inst ruments of credit (assignment of deposit account) or other security acceptable t o City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below (hereinafter “Security Instruments”):
(i) A Security Instrument securing Developer’s faithful performance of all of the Works of Imp rovement ( “Faithful Performance Security Instrument”), in the amount of $1,297,800.00 equal to 100% of the estimated construction cost referenced in Section 1.1.
(ii) A Security In strument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/or equipment (“Labor and Materials Security Instrument ”) with respect to the Works of Improvement in an a mount equal to $648,900.00 equal to 50% of the estimated construction cost referenced in Section 1.1.
This Agreement shall not be effective for any purpose unt il such Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security Instrument for Maintenan ce and Warranty. Prior to the City Council ’s accept ance of the Works of Improvem ent and recordation of a Notice of Completi on, Developer shall deliver a Security Instrument warranting the work accepted for a pe riod of on e (1) year following said acceptanc e (“Maintenance and Warranty Security Instrument”), in the amount of $129,800.00 equal to 1 0% of the estimated constructio n cost set forth in Section 1.1 or a suitable amount determined by the City Engineer.
4.2. Form of Secur ity Instruments. All Security I nstruments shall be in the amounts required under S ection 4.1 (a) or 4.1(b), as a pplicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved b y the City Attorney:
(a) Bonds. For Security In struments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorize d to transact surety business in the State of California. Any insurance company acting as surety sh all have a minimum rating of A -IX, as rated by the current edition of Best ’s Key Rating Guide published by A.M. Be st’s Company, Oldwick,
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8 New Jersey, 08858. A ny bank acting as surety shall have a minimum rating of AA, as rated by Moody’s or Standard & Poor’s.
(b) Letters of Credit. For Secur ity Instruments which are letters of credit, any letter of credit shall be an ori ginal separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial instituti on with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to dr aw on same by unilateral certification of t he City Engineer of the City that Developer is in default under its payment or performance obligati ons hereunder or in the event Developer fails to deliver a replacement letter of cre dit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4.
(c) Instrument of Credit. For Security Instrumen ts which are Instruments of Credit, any Instrument of Credit shall be an assignme nt of deposit account assigning as security to City all of Developer’s interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained ) in the Cit y of Chino, State of California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall hav e a minimum term of one (1) year after the deadline for Developer’s completing the Works of Improvement, in accordance with Sectio n 2.1 (other than Instruments of Credit, whic h shall have no defined term or expiration date).
(iii) Each Security Instrument shall provide that changes may be made in the Wor ks of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety an d without affecting the obligations under such Security Instrument. (iv) If the Developer seeks to replace any security with another security, the replacement sha ll: (1) comply with all the requirements for security in this Agreement; (2) be provide d by the Developer to the City Engineer; and (3) upon its written acceptance by the City Engineer, be deemed a part of this Ag reement. Upon the City Engineer’s acceptanc e of a replacement security, the former security shall be released by the City.
4.3. Developer’s Liability. While no action of Developer shall be required in order for City to realize on its security under any Securi ty Instrument, Developer agrees to cooperat e with City to facilitate City ’s realization under any Security Instrument, and to take n o action t o
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9 prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Se curity Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Developer shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for th e improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4.
4.4. Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw o n any such letter of credit if a replacement letter of credit (expiring in not le ss than one (1) year, unless City agrees to a lesser term in City’s sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit de livered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit. (b) In the event of draw by the City on a letter of credit, the City may elect, i n its sole and absolute discretion, to appl y any such funds drawn to the obligations secured by such letter of credit or to hold suc h funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Developer. If the City elects to hold the funds in an ac count pursuant to the foregoing, City may thereafter at any time elect instead to apply s uch funds as provided in the foregoing. Developer agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein, and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City ’s security interest in such account.
4.5. Release of Security Instruments. The City shall release all Sec urity Instruments consistent with Government Code Sections 66499.7 and 66499.8 , Section 1 9.09.010 o f the Chino Municipal Code, and as follows:
(a) City shall release the Faithful Perfo rmance Security Instrument and La bor and Materials Security Instrument when all of the following have occurred:
(i) Developer has made written request for release and pr ovided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted;
(iii) Developer has delivered the Maintenance and Warranty Security Instrument; and
(iv) after passage of the time within which lien claims are required to be made pursuant to Title 3 (c ommencing with Section 9000) of
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10 Part 6 of Division 4 of the Civil Code of the State of California. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Developer has provided a statutory bond, or otherwise as required by applicable law.
(b) City shall release the Maintenance and Warranty Security In strument upon Developer’s written request upon the expiration of the warranty period, and settlement of any claims filed during the warranty period. (c) The City may retain from any se curity released, an amount suffic ient to cover costs and reasonable expenses and fees, including reasonable attorney ’s fees.
5. Cost of Construction and Provision of Inspection Service.
5.1. Developer Responsible for All Costs of Construction . Developer shall be responsible for payment of all c osts incurred for construction and installa tion of the Works of Improvement. In the event Developer is entitled to reimbursement fr om City fo r any of the Works of Improvement , such reimbursement shall be subject to a separ ate Reimbursement Agreement to be entered into between Developer and City prior to construction of the Works of Improvement.
5.2. Payment to City for Cost of Related Insp ection and Engineering Services .
Developer shall compensate City for all of City ’s costs reasonably incurred in having its authorized representative make the usual a nd customary inspections of the Works of Improvement. In addition, Developer shall compen sate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as esta blished by the City. In no event shall Developer be entitled to additional inspections or a final i nspection and acceptance of any o f the Works of Improvement until all City fees a nd charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections.
5.3. Payment of Development Impact Fe es. Developer shall pay Development Impact Fees pursuant to and in accordance with Chino Mu nicipal Code Chapter 3.40 and Cha pter
3.45, as applicable.
6. Acceptance of Off ers of Dedication . The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown o n the approvals for the Project, with acceptance to become effective upon complet ion and acceptance by City of the Works of Improvement.
7. Warranty of Work . Developer shall guarantee all Works of Improvement again st defective materials and workmanship for a period of one (1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defecti ve within said one (1) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occur s, or should any portion of the Works of Improve ment fail to fulfill any requirements of the Plans, Developer, within fiftee n (15) days after written notice of such
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11 defects, or within such shorter time as may reas onably be determined by the City in the eve nt of emergency, shall commence to repair or rep lace the same together with any o ther work which may be damaged or displaced in so doing. Should Developer fail to remedy defective material and/or workmanship or m ake replac ements or repairs within the peri od of time set forth above, City may make such r epairs and replacements and the a ctual cost of the required labor and materi als shall be chargeable to and payable by Developer. The warranty provided herein shall n ot be in l ieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law.
8. Default.
8.1. Default by Developer. Default by Developer shall include, but not be limited to:
(a) Developer’s failure to timely commence construction of Wo rks of Improvement under this Agreement;
(b) Developer’s failure to timely complete constructio n o f the Works of Improvement;
(c) Developer’s failure to perform substantial co nstruction work for a period for 20 consecutive calendar days after commencement of the work; (d) Developer’s insolvency, appointment of a receiver, or the filing of any petition in ba nkruptcy, either voluntary or inv oluntary, which Developer fails to discharge within 30 days;
(e) The commencement of a foreclosure action against the Property or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (f) Developer’s failure to perform any other obligation under this Agreement.
8.2. Remedies. The City reserves all remedies available to it at law or in equity for a default or breach of Developer’s ob ligations under this Agreement. T he City shall have the right, subject to this Section, to draw upon or use the ap propriate security to mitigate the City’s damages in the event of default by Developer. The City’s right to draw upon or use the security is in addition to any other remedy available to City. The parties acknowledge that the estimated costs and security amounts may not reflect the actual cost of construction of the improvements and, therefore, City ’s damages for Developer’s default sha ll be meas ured by the cost of completing the required improvements. The City may use the su ms provided by the securities for the completion of the Works of Improvement in accordance with the plans. In the event the Developer fails to cure any default under this Agreement within 20 days after the Ci ty mails a notice of such default to the Developer and the Developer’s surety, Developer authorizes the City to perform the obligation for which Developer is in default and agrees to pay the entire cost of such pe rformance by the City. The City may take ov er the work and complete the Works of Improvemen t, by contract or by any other me thod City deems appropriate, at the expense of the Developer. In such event, City, without liability for doing so, may complete the Works of I mprovement using any of Developer’s materials, appliances, plans and other
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12 property that are at the work site and that are necessary to complete the Works of Improvement.
8.3. Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Developer hereunder, the Developer agrees that the choice of remedy or remedies for Developer’s breach shall be in the discre tion of the City. Additionally, any remedy specifically provided in this Agreement shall be in addition to, and not exclusive of, City’s right to pursue any other ad ministrative, legal, or equitable remedy to which it m ay by entitled.
8.4. Attorney’s Fees and C osts. In the event that Developer fails to perform any obligation under this Agreement, Developer agrees to pay all costs and expenses i ncurred by City in securing performance of such obl igations, including costs of s uit and reasonable attorney’s fees. I n the event of any dispute arising out of Developer’s performance of its obligations under this Agreement or under any of the Security Ins truments referenced herein, the prevailing party in such action, in addition to a ny other relief which may be granted, shall be entitled to recover its reasonable attorney ’s fees and costs. Such attorney’s fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorn ey’s fees and costs shall be e ntitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the l itigation. All such fees and costs shall be deemed to have accrued on commencement of the a ction and shall be enforceable whether or not the action is prosecuted to judgment.
8.5. Waiver. No waiver by the City of any breach or default by the Developer shall be considered valid unless in writing, and no such waiver by the City shall be deemed a waiver of any subsequent breach or default by the Developer.
9. Indemnity/Hold Harmless . City or any officer, empl oyee or agent thereof shall not b e liable for any injury to persons or property occa sioned by reason of the acts o r omissions of Developer, its agents, employees, contractors and subcontractors in the performance of this Agreement. Developer further agrees to protect, defend, indemnify an d hold harmless City, its officials, boards and com missions, and members thereof, agents, and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions of Developer, its agents, employees, contractors and subcontractors in the performance of this Agreem ent, except for such claims, demands, causes of action, liability or loss arising out of the sole active negligence of the City, its officials , boards, commissions, the member s thereof, agents and emplo yees, including all clai ms, demands, causes of action, liability or loss because of or aris ing out of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold harmless shall extend to injuries to pers ons and damages or takin g of property resulting from t he design or construction of said Project, and the public improvements as provided herein, and in addition, to adjacent property owners as a c onsequence of the diversion of wa ters from the design and construction of public dra inage systems, streets and oth er improvements. Recordation of the Notice of Acceptance by the City of the Works of Improvements shall not constitute an assumption by the City of any responsibility for any damage or taking covered by this Section.
City shall not be responsible for the d esign or construction of the property to be dedicated or
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13 the improvements pursuant to the approved improvement p lans or map, regardless of any negligent action or inaction tak en by the City in approving the plans or map, unles s the particular improvement d esign was specifically required by Ci ty ove r written objection by Developer submitted to the City Engineer before approval of the particular i mprovement design, which objectio n indicated that the partic ular improvement design was dangerous or defective and suggested an alternative safe and feasible design.
After recordation of the Notice of Acceptance , the Developer shall remain obligated to eliminate any latent defect in desi gn or dangerous condition c aused by the design or construction defect for a perio d of o ne (1) year ; however, Developer shall not be responsible for routine maintenance. It is the intent of this section that Developer shall be responsible for all liability for design and construction of the improvements in stalled or work done pursuant to this Agreement and that City shall not b e liable for any negligence, nonfeasance, misfeasance or malfeasance in approving or reviewing any work or construction. The improve ment security shall not be required to cover the provisions of this Paragraph.
Developer shall reimburse the City for all c osts and expenses, including but not limited to fees and charges of architects, engineers, attorney s, and other professionals, and c ourt costs, incurred by City in enforcing this Section.
10. Developer’s Indemnity of Project Approval. Developer shall defend, indemnify, and hold harmless the City and its agents, officers, a nd employees from any claim, actio n, or proceeding against the City or its agents, officers, or employees to attack, s et aside, void, or annul, an a pproval of the City, advisory agency, appea l board, or legislative body concerning the Project. The City sha ll promptly notify the Developer of any claim, action, or proceedin g and cooperate fully in the defense of any such cl aim, action, or proceeding. In the event City fails to promptly notify th e Developer of any claim, action, or proceeding, or if the City f ails to cooperate in the defense, the Developer shall not thereafte r be responsible to defend, indemnify, or hold harm less the City. Nothing in this Section prohibits the City from participating in the defense of any claim, action, or proceeding if City be ars its own attorney ’s fees and costs and defends the action in goo d faith. Developer shall not be required to pay or perform any settlement unless the settlement is approved by the Developer.
11. Insurance Requirements. Developer, at Developer’s sole cost an d expense and for the full term of this Agreement and any extension s thereto, shall obtain and maintain all of the following minimum insurance requi rements in a fo rm approved by the City’s au thorized designee for Risk Management prior to commencing any work:
(a) Commercial General Liability p olicy with a minimum $1 million c ombined single limit for bodily injury and property damage providing all of the f ollowing minimum coverage without deductibles:
(i) Premises operations; including X, C, and U coverage; (ii) Owners’ and contractors’ protection;
(iii) Blanket contractual;
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14 (iv) Completed operations; and
(v) Products.
(b) Commercial Business Auto poli cy with a minimum $1 million c ombined single limit for bodily injury and property damage, providing all of the following minimum coverage without deductibles:
(i) Coverage shall apply to any and all leased, o wned, hired, or non - owned vehicles used in pursuit of any of the activities assoc iated with this Agreement; and
(ii) Any and all mobile equipment including cranes which are not covered under th e above Commercial Business Auto p olicy shall have said coverage pr ovided under the Commercial General Liability policy.
(c) Workers Compensation and E mployers’ Liability policy in accordance wi th the laws of the State of California and providing coverage for any and all employees of the Developer:
(i) This policy shall provide coverage for Workers ’ Compensation (Coverage A); and
(i) This policy shall provide coverage for $1,000,000 Employers’ Liability (Coverage B).
(ii) Pursuant to Labor Code section 1861, Developer by executing this Agreement certifies: “I am aware of the provisions of Section 3700 of the Labor Code which requires e very employer to be insured against liability for Workers ’ Compensation o r t o undertake self - insurance in accordance with the provisions o f that Code, and I will comply wit h such provisions before commenci ng the performance of the work of this contract.”
(iii) Prior to commencement of work, the Developer shall file with the City’s Ri sk Manager a Certificate of Insurance or certification of permission to self -insure workers’ compensation conforming to the requirements of the Labor Code.
(d) Endorsements. All of the f ollowing endorsements are requ ired to be made a part of each of the above-required policies as stipulated below:
(i) “The City of Chino, its officers, employees and agents are hereby added as additional insureds.”
(ii) “This policy shall be considered primary ins urance with respect to any oth er valid and collectible insurance the City may possess,
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15 including any self - insured retention the City may have and any other insurance the C ity does possess shall be conside red excess insurance only.”
(iii) “This insurance shall act for each insured and addit ional insured as though a separate policy h as been written for each. This, however, will not act to increase the limit of the insuring company.” (iv) “Thirty (30) days prior written notice of cancellation shall be given to the Cit y of Chino in the event of can cellation and/or reduction in coverage, except that ten (10) days prior written notice shall apply in the ev ent of cancellation for non -payment of premium. ” Such notice shall be sent to the Risk Manager at the address indicate d in Subsection f below.
(v) Subsection d(iv ) hereinabove “Cancellation Noti ce” is the only endorsement required of the Workers ’ Compensation and
Employers’ Liability policy.
(e) Admitted Insurers. All insurance companies providing insurance to the Developer under this Agreement shall be adm itted to transact the business of insurance by the California Insurance Commissioner.
(f) Proof of Coverage. Co pies of all required endorsements shall be attached to the Certific ate of Insurance which shall be provided by the Developer’s insurance company as evidence of the coverage required herein an d s hall be mailed to:
City of Chino
Risk Management
13220 Central Avenue
Chino, CA 91710
12. Environmental Warranty.
12.1. Prior to the ac ceptance of any dedications or Works of Improvement by City, Developer shall provide City with a written warranty in a form substantially similar to Exhibit “C” attached hereto and incorporated herein by reference, that:
(a) Neither the property to be dedicat ed nor Developer are in violation of any environmental law, and neither the prope rty to be dedicated nor the Developer are subject to any existing, pending or threatened investigation by an y federal, state or local governme ntal authority under or in connec tion with the environmental laws relating to the property to be dedicated. (b) Neither Developer nor any other person with Developer’s permission to be upon the property to be dedicated shall use, generate, manufacture, produc e, or release, on, under, or abou t the property to be dedicated, any Hazardous
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16 Substance except in compliance with all applicable environmental laws. For the purposes of this Agreement, the term “Hazardous Substances” shall mean any substance or material w hich is capable of posing a risk of injury to health, safety or property, including all those materials and substa nces designated as hazardous or toxic by an y federal, state or local law, ordinance, rule, regulation or pol icy, including but not limited to, all of those materials and subst ances defined as “Toxic Materials” in Sections 6668 0 through 66685 of Title 22 of the California Code of Regulations, Divisi on 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies. (c) Developer has not cau sed or permitted the release of, and has no knowledge of the release or presence of, any Hazardous Substance on the property to be dedicated o r the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (d) Developer’s prior and present use of the property to be dedicated has not resulted in the release of any hazardous s ubstance on the property to be dedicated.
12.2. Developer shall give prompt written notice to City of:
(a) Any proceeding or investigation by any federal, state or local governmental (b) authority with respect to the presence of any hazardous substance on the property to be dedicated or the migratio n thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (c) Any claims made o r t hreatened by any third party against City or the property to b e dedicated relating to any loss o r injury resulting from any hazardous substance; and
(d) Developer’s discovery of any o ccurrence or condition on any property adjoining or in the vicinity of th e property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for whi ch it is intended, transferability or suit under any environmental law.
13. General Provisions.
13.1. Successors and Assigns . This Agreement shal l be binding upon all successors and assigns to Developer’s right, title, and interest in and to the Property and any portion thereof. Developer hereby consents to City recording this Agreement as official records of San Bernardino County, affecting fee t itle interest to the Property to p rovide constructive notice of the rights and obligations incurred by Developer in the City’s approval of this Agre ement. In the event the Property is subseq uently conveyed by Developer to a third party prior to completion of the Works of Improvement, wher eby the third party is intended t o assume Developer’s responsibilities with regard to this Agreement, (the “Replacement Developer”), the
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17 rights and obligations of this Agreement shall transfer to the Replacement Developer; however, the Security Instruments required pursuant to Section 4 o f this Agreement, and furnished by Developer as a c ondition of the City ’s approval of this Agreement, shall remain Developer’s responsibility to maintain until such time as Developer and its Replacement Developer enter into a Transfer and Assignment of Public Improvement Agreement, (the “Transfer Agreement”), to acknowledge the transfe r of fee title to the Property from the Developer to its Replacement Developer, and to acknowledge the right s and obligations associated with this Agreement upon the Replaceme nt Developer, including Replacement Developer’s responsibility to furnish replacement Security Instruments meeting the City’s approval pursuant to Section 4 of this Agreement. Until such t ime as a Transfer Agreement, meeti ng the City ’s approval, is executed by Developer and its Replacement Developer, and replacement Security Instruments meeting City ’s approval are furnished by the Replacement Developer, Developer retains sole responsibility for maintaining all Security Inst ruments required pursuant to Sect ion 4 of this Agreement.
13.2. No Third Party Beneficiari es. This Agreement is intend ed to benefit only the parties hereto and t heir respective successors and assigns. Neither City nor Developer intend to create any third party beneficiary rights in this Agree ment in any contractor, subcontractor, member of the general public, or other person or entity.
13.3. No Vesting Rights. Performance by the Developer of this Agreement shall not be construed to v est Developer’s rights with respec t to any change in any zoning or building law or ordinance.
13.4. Developer is Not Agent o f City. Neither Developer nor Developer’s agents, contractors, or subcont ractors are agents or contractors of the City in connection with the performance of Developer’s obligations under this Agreement.
13.5. Time of the Essence. Time is of the essence of Developer’s performance of all of its obligations under this Agreement.
13.6. Notices. Unless otherwise specified in this Agreement, all notices req uired or provided for under this A greement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date is delivered in person, or, if mailed, on the date of d eposit in the United States Mail.
Notice shall be provided to the p ersons listed on Pages 1 and 2 of this Agreement by the parties for this purpose.
Either party may provide a new designated representative and/or address by written notice as provided in this Section.
13.7. No Apportionment. Nothing contained in this Agreement s hall preclude City from expending monies pursuant t o agreements concurrently or p reviously executed between the parties, or from entering into agreements with other Developers for the apportionment of costs of water and sew er mains, or other improvements p ursuant to the provisions of the City ordinances providing therefore. Nor shall a nything in the Agreement commit City to any such apportionment.
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18 13.8. Severability. I f any portion of this Agreeme nt is held invalid by a court of competent jurisdiction, the remain der of the Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.
13.9. Captions. The captions of this Agreement are for convenience and reference only and shall not be used in the interpretation of any provision of this Agreement.
13.10. Incorporation of Recitals. The recitals to this Agreement are hereby incorporated into the terms of this Agreement.
13.11. Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California.
13.12. Entire Agreement; Waivers and Amendments . Thi s Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previou s agreements between the parties w ith respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers o f the provisions of this Agreement must be in writing and signed by an authorized representative of the part y to be charged, and all amendment s hereto must be in writing and s igned by the appropriate representatives of both parties.
13.13. Counterparts. This Agreement may be executed in one or more counte rparts, all of which taken together shall be deemed one original.
14. Authority. The persons executing this Agreement on behalf of the parties warrant the (I) party is duly organized and existing, (ii) they are duly a uthorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreemen t, such party is formally bound to the provisions of this Agreement , and (iv) the entering into of this Agreement does not violate any provisions of any other agreement to which said party is bound. [SIGNATURES ON NEXT PAGE]
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19 IN WITNESS WHEREOF, the City and the Developer have caused this Agreement to be executed the day and year first above written.
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
___________________________
Fred Galante, City Attorney Nicholas S. Liguori, AICP Development Services Director
CHINO PRESERVE DEVELOPMENT
CORPORATION:
By:
(Signature and Date)
Name:
(Please type or print name)
Title:
(Please type or print title)
CITY OF CHINO
Matthew C. Ballantyne, City Manager
Dated:
ATTEST:
By
Angela Robles, City Clerk
Dated: ___________________________
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EXHIBIT “B”
WORKS OF IMPROVEMENT
A. Removal of undesirable, dangerous and dead plant materials and roots.
B. All onsite and offsite grading as specified on the approved grading plan.
C. Relocation of all public ut ility struct ures a s necessary to properly construct the required improvements.
D. Storm drain facilities as required and shown on the approved construction plans and in accordance with City Standards.
E. Water mains, valves, hydrants, services, meters and appurt enances to serve e ach lot as shown on the approved construction plans and in accordance wit h City Standards.
F. Underground installation of all electrical, telep hone, cable television and any other energy or communication lines that abut or are within the project site.
G. A street lighting system (City-owned) in accordance with City Standards.
H. Disposal of all rocks and debris located within any public right -of-way wi thin said development or on the boundary streets thereof.
I. Installation of concret e curbs, gutters, sidewalks, cross gutters, dr iveways and intersections as shown on approved construction pl ans and in accordance with City Standards.
J. Installation of asphalt concrete or Portland Cement Concrete street pavement on base material as shown on approved construction plans and in accordance with City Standards.
K. Street signs at intersections per the City Standards.
L. Installation of approved landscaping (plants and materials).
M. Setting monuments as required by the State Code.
The Developer shall also perform all work and furnish all m aterials ne cessary, in t he opinion of the Director of Development Service s or his designee and on his order, to complete the improvements in accordance with the plans and specificatio ns on file as hereinbefore specified, or any changes re quired or ordered by said Eng ineer which, in his opinion, are necessary or required to complete this work.
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EXHIBIT “C”
CHINO PRESERVE DEVELOPMENT CORPORATION
ENVIRONMENTAL WARRANTY
As a condition precedent to acceptanc e of the de dications and public improvements to be conveyed by the above -named Developer to the City of Chino for the above-referenced Subdivision, Developer hereby warrants to the City of Chino that:
1. Neither the prope rty to be dedicated nor Developer are in viola tion of any environmental law, and neither the property to be dedicated nor the Developer are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority u nder or in connection with the envi ronmental laws relating to the property to be dedicated.
2. Neither Developer nor any other person with Developer’s permission to be upon t he property to be dedicated has used, gener ated, manufactured, produced, or released, on, under, or about the proper ty to be de dicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this warranty, the term “Hazardous Substances ” shall mean any substance or material which is cap able of posing a risk of injury to health, saf ety or proper ty, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, in cluding but not limited to, all of tho se materials and substances defined as “Toxic Materials” in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies.
3. Developer has not caused or permitted the release of, and has no knowledge of the release or presence of, any Hazardous Substance on the property to be dedicated or the mi gration of any hazardous substance from or to any other pro perty adjacent to, or in the vicinity of, the property to be dedicated.
4. Developer’s prior and present use of the property to be dedicated has not resulted in the release of any Hazardous Substance on the property to be dedicated.
5. All persons executing this warranty hereby represent and warrant to the City of Chino, and Developer hereby represents and warrants, t hat the signators hereto have the legal power, right and authority to execute thi s warranty on behalf of the Developer and that the signators hereto have sufficient knowledge or expertise, either personally, through reasonable inspection and investigation of the property, or through reasonable reliance upon the investigation and profes sional opinion of Developer’s environmental experts, to mak e the representations herein, and that no consent of any other party is required to execute this warranty and make t he representations herein on behalf of the Developer to the City of Chino.
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Each of the undersigned persons declares under pena lty of perjur y t hat the foregoing is true and correct.
Dated: _________________________
CHINO PRESERVE DEVELOPMENT CORPORATION
By:
*Proof of authorization for Developer’s signatures is required to be submitted concurre ntly with this environmental warranty.
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Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: FEBRUARY 15, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR
SUBJECT: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS TRACT MAP NO. 18971 - 1 - LENNAR HOMES OF CALIFORNIA, INC. (BERKSHIRE).
RECOMMENDATION
1) Accept public improvements as complete for Tract No. 18971-1; 2) authorize the City Manager to execute the necessary documents on behalf of the City.
FISCAL IMPACT
There is no direct fiscal impact.
10.11 CONSENT CALENDAR
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COUNCIL MEETING DATE: FEBRUARY 15, 2022
SUBJECT: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS TRACT MAP NO. 18971-1 - LENNAR HOMES OF CALIFORNIA, INC. (BERKSHIRE)
PAGE 2
BACKGROUND
Tract Map No. 18971 -1 was developed by Lennar Homes of California, Inc., a California Corporation. The land was formerly occupied by a house and dairy operation on approximately 18 acres located on the north side of Eucalyptus Avenue between San Antonio Avenue and Fern Avenue. The map that proposed to divide the two parcels into 53 residential lots and substantially conform to Tentative Tract Map No. 18971 -1, was conditionally approved by the Planning Commission on March 16, 2015. The Final Tract Map No. 18971 -1 was recorded on February 24, 2016.
The Conditions of Approval required the developer to construct certain public improvements to mitigate the project’s impacts. Public improvements includ ed street improvements, domestic and recycled water, sewer, and storm drain.
On February 2, 2016, the requirements made at the time of tentative tract map approval were satisfied with the execution of the Subdivision Improvement Agreement and the posting o f securities to guarantee the construction of said public improvements.
ISSUES/ANALYSIS
City staff and the developer were engaged throughout the course of the project to ensure the timely delivery of said improvements. The developer completed the public i mprovements, which were constructed to the satisfaction of the City Engineer and met all applicable accessibility requirements. Many of the sidewalks and curb ramps in the development were re -designed and rebuilt mid -project to meet updated accessibility p olicies. The public improvements that are being accepted by the City include street improvements, domestic and recycled water, sewer, and storm drain.
All required development related fees have been paid and security for a one -year warranty period has been submitted. Under the warranty bond obligation, the developer will correct any defects found within one-year of City Council’s acceptance of the project. Also, upon completion and final acceptance, the public improvements shall become the sole exclusive pr operty of the City to operate and maintain, except as noted in the table below, where streetlights will be maintained through the City’s Lighting and Landscape District, and landscaping will be maintained by a homeowner's association. Sufficient funds are included in the City’s Operating Budget to cover costs for maintenance of said facilities. The following maintenance obligations will commence:
Domestic Water System: By the City
Recycled Water System: By the City
Potable Water System: By the City
Sewer System: By the City
Storm Drain: By the City
Public Street Sweeping: By the City
Streetlights: By the City’s Lighting & Landscape
10.11 CONSENT CALENDAR
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COUNCIL MEETING DATE: FEBRUARY 15, 2022
SUBJECT: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS TRACT MAP NO. 18971-1 - LENNAR HOMES OF CALIFORNIA, INC. (BERKSHIRE)
PAGE 3
Landscaping: By Owner
Attachment: Exhibit A - Location Map Tract Map No. 18971-1
10.11 CONSENT CALENDAR
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1 Exhibit A
LOCATION MAP – Tract Map No. 18971-1
Project Site
PROJECT
SITE
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Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: FEBRUARY 15, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR
SUBJECT: REIMBURSEMENT AGREEMENT (PM 19830 & 19831) - EUCLID/KIMBALL PARTNERS, LP A CALIFORNIA GENERAL PARTNERSHIP.
RECOMMENDATION
Approve the Construction Reimbursement Agreement with Euclid/Kimball Partners, LP, a California General Partnership for public improvements associated with Parcel Map Nos. 19830 and 19831; and authorize the City Manager to execute the necessary documents on behalf of the City.
FISCAL IMPACT
There is no direct fiscal impact at this time. Upon the final acceptance of the public improvements, staff will bring back to the City Council requests for reimbursement as funds become available.
10.12 CONSENT CALENDAR
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COUNCIL MEETING DATE: FEBRUARY 15, 2022
SUBJECT: REIMBURSEMENT AGREEMENT (PM 19830 & 19831) - EUCLID/KIMBALL
PARTNERS, LP A CALIFORNIA GENERAL PARTNERSHIP
PAGE 2
BACKGROUND
On November 13, 2017, the Chino Planning Commission conditionally approved Parcel Map Nos. 19830 and 19831 to subdivide approximately ten (10) acres of land to cons truct a 186,618 square-foot industrial park consisting of four (4) light industrial buildings with six (6) units ranging in size from 21,828 to 46,652 square -feet within the Airport Related (AR) land -use designation of The Preserve Specific Plan. This deve lopment is located at 15723 -15739 Euclid Avenue, APN: 1056-071-12 and 14 (Exhibit A).
The conditions of approval require the developer (Euclid Kimball Partners, LP) to construct public improvements, including but not limited to curb, gutter, sidewalk, stre et lights, paving, water, sewer, and storm drain. Additionally, some of the required public improvements are master-planned facilities, which are included in the City's Development Impact Fee (DIF) Nexus Calculation Report and correlating Master Facilities Plan (“the Report”). Public improvements included in the Report are eligible for DIF credit/reimbursement per the City's Municipal Code Chapter 3.45 and, therefore, necessitate a reimbursement agreement.
ISSUES/ANALYSIS
Currently, the developer is const ructing the 12” potable water line and 8” recycled water line, along the developer’s frontage to Euclid Avenue. Initially the project was to construct the recycled water line in Euclid Avenue from the project’s southerly border to Kimball Avenue.
However, in order to minimize the disturbance to Euclid Avenue, the pipeline was realigned to be constructed within an easement on the property and adjacent to the potable water alignment.
Tie-in locations for both the potable and recycled water lines are along t he southern edge of Kimball Avenue approximately 500-feet east of Euclid Avenue.
Upon completion of the master -planned facilities, the City Engineer will review the final accepted/approved "as -built" plans, specifications, and supporting documentation and will determine what costs are eligible for reimbursement. There may be a possibility that the eligible costs approved by the City Engineer exceed the original estimate. If that is the case, City staff may include the updated costs for the project in an ann ual update to the DIF Nexus Report.
Additionally, once the final cost accounting is approved, staff will bring back to the City Council an action to appropriate funds to make progress payments to the Developer until the terms of the agreement are fulfilled.
The requirements made at the time of the tentative maps have been met with the execution of a Subdivision Improvement Agreement to guarantee the construction of the public improvements required as a Condition of Approval of the development. The developer provided securities and surety acceptable to the City of Chino in concurrence with the Subdivision Improvement Agreement.
The City Attorney has reviewed and approved the reimbursement agreement.
Attachments: Exhibit A - Location Map
Exhibit B - Construction & Reimbursement Agreement
10.12 CONSENT CALENDAR
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Contract No.:
Approval:
CONSTRUCTION REIMBURSEMENT AGREEMENT
PRESERVE DEVELOPMENT IMPACT FEE PROGRAM
PARCEL MAP NOS. 19830 & 19831
This CONSTRUCTION REIMBURSEMENT AGREEMENT (“Agreement”) is entered into this day of February 15, 2022 (“Effective Date”), by and between CITY OF CHINO, a California municipal corporation ( “City”), and EUCLID KIMBALL PARTNERS, LP, a California General Partnership (“Developer”). City and Developer are sometimes hereinafter referred to individually as “Party” and jointly as “Parties”.
RECITALS
A. On November 13, 2017, the Chino Planning Commission conditionally approved Parcel Map Nos. 19830 and 19831 to subdivide approximately ten (10) acres of land to construct a 186,618 square- foot industrial park consisting of four (4) light industrial buildings with six (6) units ranging in size from 21,828 to 46,652 square-feet within the Airport Related (AR) land-use designation of The Preserve Specific Plan (“Project”). This development is located at 15723-15739 Euclid Avenue, APN: 1056-071-12 and 14 located at 15723-15739 in the City of Chino, County of San Bernardino, California as depicted in Exhibit A (“Property”).
B. Developer has requested from City certain entitlements and/or permits for the Project, and City has granted the entit lements and/or permits subject to certain conditions of approval provided on Exhibit B which will require certain public improvements to be constructed in excess of those applicable to the Project (“Conditions of Approval”).
C. Developer has elected to construct certain public improvements in excess of those specifically required by the Conditions of Approval as described in Exhibit C (“Public Improvements”).
D. The DIF Ordinance provides that if, as a condition of approval of a development project, a developer constructs a public facility identified in the Nexus Reports, for which a development impact fee is imposed, Developer shall be entitled to reimbursement f or eligible costs of constructing the Public Improvements, provided that developer complies with the requirements of the DIF Ordinance as it may be amended from time to time. The DIF Ordinance specifically requires that the developer and City enter into a reimbursement agreement.
E. City and Developer desire to enter into this Agreement for the following purposes: ( i) to provide for the timely construction and completion of the Public Improvement s, (ii) to ensure that construction of the Public Improve ments is undertaken in accordance with the Plans and Specifications , and the laws and ordinances pertaining to the construction of public improvements , (iii) to provide the methodology for establishing the reimbursement amount to which Developer may be entitled after completion of the Public Improvements (“Reimbursement”); and (iv) the requirements for Developer’s transfer or application of all or any portion of the Reimbursement to a third party.
NOW, THEREFORE, for the purpos es set forth herein, Developer and City hereby agree as follows:
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2 AGREEMENT:
1. Incorporation of Recitals . The Parties hereby affirm the facts set forth in the Recitals above and agree to the incorporation of the Recitals as though fully set forth herein.
2. Construction of Public Improvements. Developer shall construct or have constructed, at its own cost and expense, the Public Improvements in accordance with the Plans and Specifications and the provisions of this Agreement . Developer shall provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary to fully and adequately complete the Public Improvements.
2.1 Public Works Requirements. Developer shall ensure that the bidding, awarding, and construction of the Public Improvements are undertaken as if such Public Improvements were constructed as a public works project under the direction and authority of City , pursuant to all provisions of law applicable to governmental entities. Developer shall also comply with the requirements of City’s Bidding and Contract Requirements for Public Improvements Policy, as adopted by City Council, hereby incorporated by reference and made a part of hereof (as may be amended from time to time). (a) Developer’s general contractor for the construction of the Public Improvement (“General Contractor”) shall pay prevailing wages (in accordance with Articles 1 and 2 of Chapter 1, Part 7, Div ision 2 of the Labor Code) and otherwise comply with applicable provisions of the Labor Code, the Government Code, the Civil Code, and the Public Contract Code relating to public works projects of cities and as required by the procedures and standards of C ity with respect to the construction of its public works projects or as otherwise directed by City Engineer. (b) All contractors shall be required to provide proof of insurance coverage throughout the term of the construction of the Public Improvements which t hey will construct in conformance with Section 5 of this Agreement.
2.2 Standard of Performance. Developer and its contractors shall perform all work required, constructing the Public Improvements in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement.
2.3 Alterations to Public Improvements. All work shall be done and the Public Improvements completed as shown on the Plans and Specifications, and any subsequent alterations thereto mutually agreed upon by City and Developer. If Developer desires to make any alterations to the Plans and Specifications, it shall provide written notice to City of such proposed alterations. City shall have ten (10) business days after receipt of such written notice to administratively approve or disapprove such alterations, which approval shall not be unreasonably withheld, conditioned or delayed. If City fails to provide written notice to Developer of its approval or disapproval of the alterations within such ten (10) business day period, City will be deemed to have disapproved such alterations to the Plans and Specifications. Any and all alterations in the Plans and Specifications and the Public Improvements to be completed may be accomplished without first giving prior notice thereof to Developer’s surety for this Agreement.
2.4 Force Majeure. Developer agrees that the time within which it shall be required to perform any act under this Agreement shall not be extended except as follows: (i) Developer is delayed by City (including, without limitation, restrictions on priority, initiative or referendum, or mo ratoria), in
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3 which case Developer shall provide written notice to City specifically describing the nature and extent of the delay caused by City and Developer’s detailed efforts to avoid such delay, which references this Section and deliver such notice wit hin twenty (20) days of discovering such delay, and Developer’s obligations shall be extended for such time as City deems reasonable as a result of the delay if and only if Developer provides such written notice to City within such time; or (ii) Developer is delayed due to war, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires, casualties, natural disasters, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, processing with any governmental agencies, unusually severe weather, or any other similar causes beyond the control of Developer or without the fault of Developer. An extension of time for any such cause shall be for the period of the enforced delay equal to the number of days during which Dev eloper’s performance was delayed and shall commence to run from the time of the commencement of the cause, if written notice by Developer claiming such extension is sent to City within twenty (20) days of knowledge of the commencement of the cause.
3. Indemnification. Developer shall defend, indemnify, and hold harmless City, its elected officials, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental agency, arising out of or incident to any acts, omissions, negligence or willful misconduct of Developer in connection with the performance of this Agreement (“Claims”). This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the reimbursement of City, its elected of ficials, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any Claim which is caused solely and exclusively by the negligence or willful misconduct of City, as determined by a court or administrative body of competent jurisdiction. Developer’s obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, employees, or agents.
4. Maintenance of Improvements. City shall not be responsible or liable for the maintenance or care of, and shall exercise no control over, the Public Improvements until such Public Improvements are accepted by City. Developer shall have no obligation to make the Public Improvements available for public use at any time before the Public Improvements are accepted by City. Any use by any person of the Public Improvements, or any portion thereof, shall be at the sole and exclusive risk of Developer at all times prior to City’s acceptance of the Improvements. Developer shall maintain all of the Public Improvements in a state of good repair until they are completed by Developer and accepted by City, and until the security for the perfor mance of this Agreement is released. It shall be Developer ’s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work w hen notified to do so by City. If Developer fails to properly pro secute its maintenance obligation under this section, City may, upon written notice and Developer’s failure to remedy as provided in Section 14, do all work necessary for such maintenance, and the cost thereof shall be the responsibility of Developer and its surety under this Agreement. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Public Improvements or their condition prior to acceptance, except to the extent such damage or injury is caused by the negligence or willful misconduct of City, its elected officials, employees, and/or agents.
5. City Inspection of Public Improvements. Developer shall, at its sole cost and expense, and at all times during construction of the Public Improvements, maintain reasonable and safe facilities and provide safe access for inspection by City of the Public Improvements and areas where construction of the Public Improvements is occurring or will occur. Developer shall give notice to City when the construction of all or a portion of the Public Improvements is complete. Upon receiving such notice, City may inspect the Public Improvements and request any modifications or corrections as may be deemed reasonably necessary by City Engineer, in his or her sole discretion, to bring the Public Improvements into conformity
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4 with the Plans and Specifications, including any approved revisions thereto. Developer or Developer’s contractors shall make all such modifications and corrections requested by City Engineer.
6. Liens. Developer shall not permit any liens to be filed against the Public Improvements and indemnifies City with respect to any such liens. Upon the expiration of the time for the recording of claims of liens a s prescribed by Sections 8412 and 8414 of the Civil Code with respect to the Public Improvements, Developer shall provide to City such evidence or proof as City shall reasonably require that all persons, firms, and corporations supplying work, labor, mater ials, supplies, and equipment to the construction of the Public Improvements have been paid, and that no claims of liens have been recorded by or on behalf of any such person, firm, or corporation. Rather than await the expiration of the said time for the recording of claims of liens, Developer may elect to provide to City a title insurance policy or other security acceptable to City guaranteeing that no such claims of liens will be recorded or become a lien upon any of the Property.
7. Acceptance of Impro vements; As -Built or Record Drawings . If the Public Improvements are completed by Developer in accordance with the Plans and Specifications, as determined by City Engineer, City shall be authorized to accept the Public Improvements. City may, in its reasonable discretion, accept fully completed portions of the Public Improvements prior to such time as all of the Public Improvements are complete, which shall not release or modify Developer’s obligation to complete the remainder of the Public Improvements. Upon the total or partial acceptance of the Public Improvements by City, Developer shall file with the Recorder’s Office of the County of San Bernardino a notice of completion for the accepted Improvements in accordance with California Civil Code Section 9204 (“Notice of Completion”), at which time the accepted Public Improvements shall become the sole and exclusive property of City without any payment therefor. Notwithstanding the foregoing, City may not accept any Public Improvements (or the applicable p ortion thereof) unless and until Developer provides two (2) sets of “as-built” or record drawings or plans to City for all such Public Improvements (or the applicable portion thereof). The drawings shall be certified and shall reflect the condition of the Public Improvements as constructed, with all changes incorporated therein.
8. Warranty and Guaranty . Developer warrants and guarantees all the Public Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of the Public Improvements, for a period of one (1) year following completion of the work and acceptance by City (“Warranty”). During the Warranty, Developer shall repair, replace, or reconstruct an y defective or otherwise materially unsatisfactory portion of the Improvements, in accordance with the Plans and Specifications. All repairs, replacements, or reconstruction during the Warranty period shall be at the sole cost and expense of Developer, and shall not be eligible for reimbursements . As to any Public Improvements which have been repaired, replaced, or reconstructed during the Warranty, Developer hereby agree to provide a warranty for a one (1) year period following City acceptance of the repaired, replaced, or reconstructed Public Improvements. Nothing herein shall relieve Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any Public Improvement following expiration of the Warr anty or any extension thereof. Developer’s warranty obligation under this section shall survive the expiration or termination of this Agreement.
9. DIF Reimbursement.
9.1 Calculation of Eligible Costs . Upon or prior to completion of the Public Improvements by Developer, Developer shall submit to City Engineer such information as City Engineer may require to calculate the actual costs incurred by Developer to construct the Public Improvements (“Actual Costs”).
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5 9.2 Reimbursement Limits. The reimbursement amount owed to Developer for construction of the Public Improvements (“Reimbursement Amount”) shall be equal to the Actual Costs, subject to the following limitations:
9.2.1 Reasonable Soft Costs. City Engineer shall, in his or her sole reasonable discretion, determine the amount of reasonable soft costs eligible for reimbursement under the DIF Ordinance. Such amounts may include professional engineering and design services, construction management, so ils testing, permits, plan check fees, and inspections , but shall not include interest or attorneys’ fees. For soft costs to be reimbursable to Developer pursuant to this Agreement, City must be able to verify that such soft costs are specifically attribu table to the specified Public Improvements for which reimbursement is being made, by reference to separate subcontract(s) or by another means approved by City in writing . The total amount of the soft costs shall not exceed fifteen percent (15 %) of the Reimbursement Amount . City Engineer may, in his or her reasonable discretion, reduce or disallow reimbursement for any costs he or she finds excessive or unreasonable.
9.2.2 Nexus Report Costs Estimates . The Reimbursement Amount shall not exceed the cost estimates for the Public Improvements included in the Nexus Reports, unless approved by City council.
9.3 Conditions Precedent to Final Reimbursement . City’s obligation to provide reimbursements for the Public Improvements pursuant to this Agreement is conditioned upon the prior satisfaction by Developer or written waiver by City Manager of each of the following Conditions Precedent within the times designated below:
9.3.1 Completion of Construction . Developer shall have completed the construction of the Public Improvements acceptable to City, and thirty (30) days have elapsed since notices of completion have been recorded in relation to the Public Improvements, in accordance with California Civil Code Sections 9204 and/or 8182 (as applicable). The purpose of this provision is to ensure that the Public Improvements will be independently functional and to maintain consistency with vesting rights, and nothing herein shall be deemed to make any part of the Project a public work other than the Public Improvements.
9.3.2 Submission of Documents. Developer shall have made full and complete payment of all undisputed claims for work performed on the Public Improvements, or in the event of a dispute between Developer and the General Contractor or a subcontractor, Developer shall have obtained a commercially reasonable bond reasonably satisfactory to City to release any applicable mechanics’ lien or stop notice, and Developer shall have submitted and City shall have approved a written request for the reimbursement, including copies of all bills and/or invoices evidencing the costs of constructing the Public Improvements actually incurred by Developer and any other documents reasonably required by City.
9.3.3 As-Built Drawings . Pursuant to Section 9, Developer shall have submitted two (2) sets of final as-built drawings for the Public Improvements to City Engineer.
9.3.4 Acceptance of Required Public Improvements by City. The City Council shall have accepted title to the Public Improvements.
9.3.5 No Default. Developer shall not be in d efault in any of its obligations under the terms of this Agreement , and all representations and warranties of Developer contained herein shall be true and correct in all material respects.
9.3.6 Compliance with DIF Ordinance and Conditions of Approval.
Developer shall be in compliance with all requirements of the DIF Ordinance and the Conditions of Approval.
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6 10. Assignment. Prior to completion of the Public Improvements, Developer may assign this Agreement to a third party (“ Assignment”), subject to the app roval of City’s Director of Development Services (“ Director”) in his/her reasonable discretion. If Developer desires to assign this Agreement, Developer shall provide detailed information as to the proposed assignee (“Assignee”) as requested by City including but not limited, evidence of Assignee’s right to acquire the Property, its background and financial information evidencing the ability of Assignee to complete the Public Improvements. Any assignment of this Agreement shall not release Assignor.
11. Default; Notice; Remedies.
11.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation or code, City may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation ( “Notice of Default ”). Develope r shall substantially commence the work required to remedy the default or violation within five (5) business days of the Notice of Default. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the Notice of Default verbally, and Developer shall substantially commence the required work within twenty-four (24) hours thereof. Immediately upon City ’s issuance of the Notice of Default, Developer and its surety shall be liable to City for all cost s of construction and installation of the Public Improvements and all other administrative costs or expenses, as provided for in Section 15 of this Agreement.
11.2 Failure to Remedy; City Action . If the work required to remedy the noticed default or violation is not commenced within the time required under Section 14.1 of this Agreement and diligently prosecuted to completion, City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its reasonable discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost and expense of Developer and its surety, without the necessity of giving any further notice to Developer or surety. In the event City elects to complete or arrange for completion of the remaining work and the Public Improvements, City may require all work by Developer or its surety to cease in order to allow adequate coordination by City.
11.3 Other Remedies. No action by City pursuant to this Section 14 shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. City may exercise its rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance.
12. Administrative Costs. If Developer fails to construct and install all or any part of the Public Improvements, or if Developer fails to comply with any other obligation contained herein, Developer and its surety shall be jointly and severally liable to City for all administrative expenses, fees, and costs, including reasonable attorneys’ fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law.
13. Miscellaneous.
13.1 Relationship between the Parties. The Parties hereby mutually agree that this Agreement shall not operate to create the relationship of partnership, joint venture, or agency between City and Developer. Developer ’s contractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of City.
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7 13.2 Authority to Enter Agreement. Each person executing this Agreement on behalf of Developer represents and warrants that he or she has the legal power, right and authority to execute this Agreement on behalf of Developer and that this Agreement is binding upon Developer.
13.3 Notices. Any notice, demand, request, consent, approval, or communication either Party desires or is required to give to the other P arty or any person shall be in writing and either served personally, communicated electronic mail (with a receipt requested), or sent by prepaid, first-class mail to the address set forth below. Notice shall be deemed communicated immediately upon personal delivery, fax or email receipt, or forty-eight (48) hours from the time of mailing if mailed as provided in this Section:
To City: City of Chino
13220 Central Ave.
Chino, CA 91710
Attn: Director of Development Services
Email: [email protected]
With Copy to: Aleshire & Wynder, LLP
188881 Von Karman Ave., Suite 1700
Irvine, CA 92612
Attn: Fred Galante, Esq.
Email: [email protected]
To Developer: Euclid/Kimball Partners
3410 La Sierra # F-225
Riverside Ca 92503
Attn: John Ginger, Managing Member
Email: [email protected]
13.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.
13.5 Construction; References; Captions. The Parties agree that the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.
Any term referencing time, days, or period for performance shall be deemed calendar days and not work days, unless specified therein . All references to Developer in clude all personnel, employees, agents, and contractors of Developer, except as otherwis e specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
13.6 Amendment; Modification. No supplement, modification, or amend-mint of this Agreement shall be binding unless executed in writing and executed by both Parties.
13.7 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise.
13.8 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns.
This section shall not be construed as an authorization for any Party to assign any right or obligation.
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8 13.9 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
13.10 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
13.11 Governing Law; Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties ’ activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of San Bernardino, California.
13.12 Time is of the Essence. Time is of the essence in this Agreement, and the Parties agree to execute all documents and proceed with due diligence to complete all covenants and conditions.
13.13 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument.
13.14 City Officers and Employees. No officer or employee of City shall be personally liable to Developer or any successors in interest in the event of any default or breach by City or for any amount that may become due to Developer or any successor(s) in interest or for breach of any obligation of the terms of this Agreement. No officer or employee of Developer shall be personally liable to City or any successor(s) in interest in the event of any default or breach by Developer or for any amount that may become due to City or their successors in interest or for breach o f any obligation of the terms of this Agreement.
13.15 Entire Agreement. This Agreement contains the entire agreement between City and Developer and supersedes any prior oral or written statements or agreements between City and Developer.
13.16 Exhibits. The following exhibits are attached hereto and incorporated herein by reference:
Exhibit A Location Map
Exhibit B Conditions of Approval
Exhibit C Public Improvements
[SIGNATURES ON FOLLOWING PAGE]
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9 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.
DEVELOPER:
EUCLID KIMBALL PARTNERS, LP, a
California General Partnership
CITY:
CITY OF CHINO, a municipal corporation
By: ________________________
Its: _____________________
By: ________________________
Its: _____________________
By: _______________________
Matthew C. Ballantyne
City Manager
DATED: __________ , 2021
ATTEST:
__________________________
Angela Robles, City Clerk
APPROVED AS TO CONTENT:
_________________________
Nicholas S. Liguori, AICP
Development Services Director
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
By: ______________________
Fred Galante, City Attorney
DEVELOPER: TWO PERSONS AUTHORIZED BY THE APPLICABLE ENTITY FORMATION DOCUMENTS SHALL EXECUTE THIS AGREEMENT. COPIES OF APPLICABLE DOCUMENTS EVIDENCING SUCH AUTHORITY SHALL BE PROVIDED TO CITY.
DEVELOPER SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE
ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE APPLICABLE FORMATION DOCUMENTS FOR THE ENTITY.
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01225
[NOTARY ACKNOWLEDGEMENT HERE]
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01225
[NOTARY ACKNOWLEDGEMENT HERE]
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EXHIBIT A
LOCATION MAP
[ATTACHED]
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EXHIBIT B
CONDITIONS OF APPROVAL
[ATTACHED]
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EXHIBIT C
PUBLIC IMPROVEMENTS
*Reimbursement is based on the actual validated costs approved by the City Engineer. The actual validated costs shall not exceed the project’s cost estimate included in the Nexus Report. The estimated costs below are contingent upon the Nexus and Calculation Report Update 2022.
Euclid Avenue Size LF Unit Cost Pipe Cost Soft Costs Estimated Costs Potable 12” 1,904.5 $140.00 $266,630.00 $93,32.50 $359,950.00 Recycled 8” 1,891 $105.00 $198,555.00 $69,494.25 $268,049.25 Total not to Exceed $627,999.75
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Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: FEBRUARY 15, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR
SUBJECT: MAJESTIC SPECTRUM SPECIFIC PLAN AMENDMENT (PL21-0047).
RECOMMENDATION
1) Conduct a public hearing; and 2) approve the Introduction of Ordinance No. 2022-002, adopting PL21-0047 (Majestic Spectrum Specific Plan Amendment), to be read by number and title only and waive further reading of the Ordinance.
FISCAL IMPACT
Amending the Majestic Spectrum Specific Plan to allow Animal Care as a conditionally permitted land use in the Regional Mall (RM) land use district of the specific plan could result in a slight increase to the City's sales tax revenue for small products once the use is established.
11.13 PUBLIC HEARING
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COUNCIL MEETING DATE: FEBRUARY 15, 2022
SUBJECT: MAJESTIC SPECTRUM SPECIFIC PLAN AMENDMENT (PL21-0047) PAGE 2
BACKGROUND
An application was submitted in August 2021 to amend the Majestic Spectrum Specific Plan (MSSP). The MSSP Amendment (PL 21 -0047) is a minor amendment that would allow Animal Care as a conditionally permitted land use in the Regional Mall (RM) land use district. The Planning Commission recommended approval of PL21 -0047 on January 19, 2022 (Planning Commission Staff Report and plans attached as Exhibit “A”). The City Council Econom ic Development Committee also reviewed the proposed specific plan amendment on January 13, 2022 and was in support of the change.
ISSUES/ANALYSIS
The Spectrum Towne Center is an existing commercial center located in the Regional Mall (RM) land use distric t of the Majestic Spectrum Specific Plan (MSSP). The commercial center is located at the southwest corner of Grand and Pipeline Avenues and includes various retail and commercial uses, including a Walmart, Best Buy, and In -N-Out Burger. Currently, animal hospitals as a primary use are not allowed in the Spectrum Towne Center. The MSSP only allows Animal Care as a primary use in the Regional Commercial (RC), Light Industrial (LI), General Industrial (GI), and Commercial Manufacturing (CM) land use districts, with approval of a special conditional use permit (SCUP). The applicant is now requesting to amend the MSSP to allow for Animal Care as a conditionally permitted use within Spectrum Towne Center that is located in the RM land use district to allow for a f uture Banfield Pet Hospital. The change would be consistent with the Chino Spectrum Marketplace located on the north side of Grand Avenue that currently allows Animal Care as a conditionally permitted use. Staff has done research and determined veterinary clinics/pet hospitals are uses often located in commercial centers and allowing the use in the RM land use district with the approval of a SCUP so one can be established in the Spectrum Towne Center would result in consistency among all the land use districts in the MSSP, and the Spectrum Towne Center and Chino Spectrum Marketplace.
In an effort to save time on establishing the Banfield Pet Hospital, the applicant submitted a related SCUP (PL21 -0048) concurrently with the proposed MSSP amendment to establis h the pet hospital in a 3,174 square foot suite within an existing multi -tenant commercial building at 3959 Grand Avenue, which is the suite just south of the exiting Sam’s Club. The Planning Commission approved the SCUP for the Banfield Pet Hospital conti ngent on final approval of the MSSP amendment by the City Council.
PUBLIC NOTICING
A 10-day notice was mailed to all property owners in the Spectrum Towne Center. In addition, a notice was published in the Chino Champion on February 5, 2022 and sent out on the City’s social media platforms. No comments have been received in response to the public notice. The notice meets legal noticing requirements.
ENVIRONMENTAL REVIEW
The MSSP Amendment (PL21 -0047) is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), Common Sense Exemption, in that it can be seen with certainty that there is no possibility for this action to have a significant effect on the environment, and individual development applications will be reviewed under CEQA as they are proposed.
11.13 PUBLIC HEARING
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COUNCIL MEETING DATE: FEBRUARY 15, 2022
SUBJECT: MAJESTIC SPECTRUM SPECIFIC PLAN AMENDMENT (PL21-0047) PAGE 3
Attachments: Exhibit A - January 19, 2022 Planning Commission Staff Report and Plans Ordinance No. 2022-002
11.13 PUBLIC HEARING
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ORDINANCE NO. 2022-002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHINO, CALIFORNIA, AMENDING THE MAJESTIC SPECTRUM
SPECIFIC PLAN LAND USE MATRIX TO ALLOW FOR ANIMAL
CARE TO BE A CONDITIONALLY PERMITTED USE WITHIN
THE RM (REGIONAL MALL ) LAND U SE DI STRICT. PL21-0047
(MAJESTIC SPECTRUM SPECIFIC PLAN AMENDMENT).
The City Council of the City of Chino, California, does hereby ordain as follows:
Section 1. Table 5 of Chapter III, D . Amendment No.7 Allowed Land Uses – the Land Use Matrix of the Majestic Spectrum Specific Plan (MSSP) is hereby amended to add Animal Care as a conditionally permitted use within the RM (Regional Mall ) land use district matrix, requiring a special conditional use permit, consistent with the other land uses in the matrix, to r ead as follows:
Table 5
LAND USE MATRIX
Key: C – Requires Special Conditional Use Permit
USE TYPE
REGIONAL
MALL
OVERLAY
REGIONAL
COMMERCIAL
LIGHT
INDUSTRIAL
COMMERCIAL
MANUFACTURING
Animal Care C C C C
Section 2. CEQA Findings. The City Council finds t hat this Ordinance is exempt from the California Environmental Quality Act ( CEQA) under CEQA Guidelines Section 15061(b)(3), Common Sense Exemption, in that it can be seen with certainty that there is no possibility for this action to have a s ignificant ef fect on the environment, and individual development applications will be reviewed under CEQA as they are proposed.
Section 3. Severability. If any section, subsection, s entence, clause, phrase, or p ortion of this Ordinance, or the ap plication thereof to a ny per son or circumstances, is, for an y reaso n, held in valid o r unco nstitutional by any court of competent jurisdic tion, s uch invalidity or unconstitutionality shall not affect any other p rovision or application, and to this end the provisions of this ordinance are declared to be severable. The City Council hereby declares that it would have adopte d this ordinance and each section, subsection, sente nce, clause, phrase, part or portion t hereof, irrespe ctive of t he f act that any one or more sections, subsecti ons, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.
Section 4. This Ordinance shall be in full f orce and effect thirty (3 0) days after its second reading and adoption.
Section 5. Certification. The City Clerk of the City of Chino shall certify to the passage and adoption of this Ordinance and shall cause the same to b e published in the Chino Champion, a newspaper of general circulation, within said Ci ty in acc ordance w ith the provisions of t he Government Code.
11.13.a
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Ordinance No. 2022-002
PASSED, APPROVED AND ADOPTED THIS 1ST DAY OF MARCH 2022.
By:
EUNICE M. ULLOA, MAYOR
ATTEST:
By:
ANGELA ROBLES, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §
CITY OF CHINO )
I, Angela Robles, City Clerk of the City of Chi no do hereby certify that the foregoing Ordinance of the City of Chino was duly adopted by the City Council at a regular me eting he ld on the 1st day of March 2022 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
By:
ANGELA ROBLES, CITY CLERK
11.13.a
Majestic Spectrum Specific Plan Amendment
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PLANNING COMMISSION STAFF REPORT
PL21-0047 (Majestic Spectrum Specfic Plan Amendment) & PL21-0048 (Special Conditional Use Permit)
LOCATION MAP
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EXHIBIT "A" 11.13.b
Majestic Spectrum Specific Plan Amendment
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PLANNING COMMISSION STAFF REPORT
FILE NO.: PL21-0047 (Majestic Spectrum Specfic Plan Amendment) & PL21-0048 (Special Conditional Use Permit)
DATE: January 19, 2022
PLANNING COMMISSION STAFF REPORT
DEVELOPMENT SERVICES DEPARTMENT
CITY OF CHINO
MEETING DATE: January 19, 2022
PROJECT NO.: PL21-0047 (Majestic Spectrum Specfic Plan Amendment) & PL21 - 0048 (Special Conditional Use Permit)
APPLICANT: Cole Theel, CP Services
REQUEST: A request to amend the Majestic Spectrum Specific Plan (MSSP) Land Use Matrix to allow for Animal Care to be a conditionally permitted use within the RM (Regional Mall Overlay) land use district, and a request for approval of a Special Conditional Use Permit (SCUP) for the operation of a 3,174 square foot Banfield Pet Hospital located within the RM land use district of the MSSP, pending approval of the amendment to the MSSP.
LOCATION: 3959 Grand Avenue, Unit A (APN: 1022-571-10)
RECOMMENDATION
1. Adopt Planning Commission Resolution No. PC2022 -001, recommending the City Council approve PL21-0047 (Majestic Spectrum Specific Plan Amendment).
2. Adopt Planning Commission Resolution No. PC2022 -002, approving PL21 -0048 (Special Conditional Use Permit), based upon the findings and subject to the departmental conditions of approval, pending approval of the amendment to the MSSP by the City Council.
SURROUNDING ZONING AND LAND USE:
Existing Land Use General Plan Zoning District
Project Site - Commercial Building
(Spectrum Towne Center)
RC (Regional
Commercial)
RM (Regional Mall) - Majestic
Spectrum Specific Plan
North - Commercial Buildings
(Spectrum Towne Center)
RC (Regional
Commercial)
RM (Regional Mall) Majestic
Spectrum Specific Plan
East - Commercial Buildings
(Spectrum Towne Center)
RC (Regional
Commercial)
RM (Regional Mall) Majestic
Spectrum Specific Plan
South - Commercial Buildings
(Spectrum Towne Center)
RC (Regional
Commercial)
RM (Regional Mall) Majestic
Spectrum Specific Plan
West - 71 Freeway RC (Regional
Commercial)
RM (Regional Mall) Majestic
Spectrum Specific Plan
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PLANNING COMMISSION STAFF REPORT
FILE NO.: PL21-0047 (Majestic Spectrum Specfic Plan Amendment) & PL21-0048 (Special Conditional Use Permit)
DATE: January 19, 2022
BACKGROUND
The Spectrum Towne Center is an existing commercial center located in the Majestic Spectrum Specific Plan (MSSP) at the southwest corner of Grand and Pipeline Avenues. The center includes various retail and commercial uses, including a Walmart, Best Buy, and In -N-Out Burger. The applicant, CP Services, is requesting approval to establish a 3,174 square foot Banfield Pet Hospital within Unit A of the existing multi -tenant commercial building at 3959 Grand Avenue, which is just south of the exiting Sam’s Club. Currentl y, animal hospitals as a primary use are not allowed in the Spectrum Towne Center. The applicant has worked with the owner of the Spectrum Towne Center and is now requesting to amend the MSSP to allow for Animal Care as a conditionally permitted use within the center.
ISSUES/ANALYSIS
Specific Plan Amendment
The Spectrum Towne Center is located in the Regional Mall Overlay (RM) of the MSSP.
Currently, the MSSP only allows Animal Care as a primary use in the Regional Commercial (RC), Light Industrial (LI), General Industrial (GI), and Commercial Manufacturing (CM) land use districts, with approval of a special conditional use permit (SCUP). The Animal Care use is not permitted in the RM overlay land use district, which encompasses the Spectrum Towne Center area. The owner of the Spectrum Towne Center believes the center is no different than the Chino Spectrum Marketplace center on the north side of Grand Avenue that is located in the RC land use designation that allows Animal Care as a conditionally permitted use. Staff has done research and determined veterinary clinics/pet hospitals are uses often located in commercial centers and allowing the use in the RM land use district with the approval of a SCUP so one can be established in the Spectrum Towne Center wo uld result in consistency among all the land use districts in the MSSP and the Spectrum Towne Center and Chino Spectrum Marketplace.
In an effort to establish the Banfield Pet Hospital in a timely manner, the applicant has submitted the related SCUP application PL21-0048 (Special Conditional Use Permit) concurrently with the MSSP amendment. Approval of the SCUP for the Banfield Pet Hospital is dependent upon final approval of the MSSP amendment by the City Council, which is scheduled for a public hearing on February 15, 2022, as outlined in Condition of Approval 1.3 (see attached draft Ordinance No. 2022-002).
Special Conditional Use Permit
Banfield Pet Hospitals are a chain of over 1,000 clinics nationwide that provide veterinary care practice for small an imals (mainly dogs and cats) that include diagnostic capabilities, examinations, minor surgery, vaccinations, grooming, pharmacy, and pet supply sales. The hours of operation for the proposed business are 7:00 a.m. to 7:00 p.m., seven days a week (see attached Exhibit “A”). There will be no overnight boarding of animals and the focus of the business is preventative care. When in operation, the facility is expected to see an average of 27 animals a day, with an average stay of less than an hour. All clinic a ctivities will occur within the tenant space and no outdoor amenities will be provided. However, the applicant will provide an outdoor pet waste station in front of the suite in case of a pet accident. Banfield typically operates with a staff of four to se ven employees, including licensed veterinarians, veterinarian technicians, and administrative support staff. There are currently no standalone pet hospitals/veterinary clinics in either the Spectrum Towne Center or Chino Spectrum Marketplace. The closet facility is Loving Hands Animal Hospital located at the northeast corner of Edison and Pipeline Avenues.
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Majestic Spectrum Specific Plan Amendment
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PLANNING COMMISSION STAFF REPORT
FILE NO.: PL21-0047 (Majestic Spectrum Specfic Plan Amendment) & PL21-0048 (Special Conditional Use Permit)
DATE: January 19, 2022
The proposed pet hospital is anticipated to be compatible with the adjacent commercial uses in the center, including an existing clothing store to the south and Sam’s Club to the north. In order to minimize any potential noise impacts from the operation, the applicant will be installing additional soundproofing walls in front of the existing demising walls that are located between the adjacent tenants. The se walls include insulation and sound dampening sheet rock. If in the future this use creates noise impacts to adjacent businesses, additional soundproofing may be required per Condition of Approval No. 4.9.2.
Public Noticing
A 10-day notice was mailed to all property owners and occupants within a 300-foot radius of the project site. In addition, a notice was published in the Chino Champion on January 8, 2022. In response to the public notice, no comments have been received. The notice meets legal noticing requirements.
ENVIRONMENTAL REVIEW
The MSSP Amendment is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), Common Sense Exemption and the Banfield Pet Hospital proposal is exempt from the provis ions of CEQA pursuant to Section 15301, Existing Facilities.
Attachments: Exhibit “A”
Resolution PC2022-001
Resolution PC2022-002
Draft City Council Ordinance No. 2022-002
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© 2018 Banfield Pet Hospital | All Rights Reserved
© 2018 Banfield Pet Hospital | All Rights Reserved
EXHIBIT "A"
6.2.a
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Attachment: EXHIBIT A - BANFIELD OPERATION (PL21-0047 (MSSPA) & PL21-0048
11.13.b
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© 2018 Banfield Pet Hospital | All Rights Reserved
Who we are:
• Banfield has been focused on preventive care since its inception in 1955 as a single small companion animal practice in Portland, Oregon
• We specialize in preventive care with a focus on 5 core areas:
nutrition counseling, vaccinations, parasite control, dental care and behavior counseling
• Our practice is built upon our optimal wellness plans, or OWPs These are packages of preventive care services that spread the cost of preventive health care over a 12-month period
• Our other preventive treatments include dental cleanings • We also perform minor surgeries such as spays and neuters
6.2.a
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Attachment: EXHIBIT A - BANFIELD OPERATION (PL21-0047 (MSSPA) & PL21-0048
11.13.b
Majestic Spectrum Specific Plan Amendment
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© 2018 Banfield Pet Hospital | All Rights Reserved
WHO WE ARE NOT:
• Boarding facility-we do not allow pets for overnight stays • 24 Emergency Care- Our focus is preventive care, in this case, we do not provide 24 hour emergency care for our
pets
• Large Veterinary Hospital- we see an average of 27 pets a day.
• Most of our pet visits are for check-ups, vaccinations, and overall preventive care, this means that the average stay is less than an hour
6.2.a
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Attachment: EXHIBIT A - BANFIELD OPERATION (PL21-0047 (MSSPA) & PL21-0048
11.13.b
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© 2018 Banfield Pet Hospital | All Rights Reserved
High Traffic times
• Hours of Operations
are 7am-7pm
• Highest traffic times
are mornings and
late afternoons
• Pick-ups and drop
offs occur
throughout the day
• Average time for Pet
staying in hospital-
37 mins
Graph includes Drop Offs and Pick Ups
6.2.a
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Attachment: EXHIBIT A - BANFIELD OPERATION (PL21-0047 (MSSPA) & PL21-0048
11.13.b
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© 2018 Banfield Pet Hospital | All Rights Reserved
Sound Mitigation Wall Engineered Detail
-Existing demising wall is a 1 hr fire
rated wall with 6” batt insulation.
-We construct a 3-5/8” wall to deck in
addition to demising wall.
-We provide a 1” air gap that helps
capture both high and low frequency
sound waves, e.g. barks from large
and smaller dogs.
-Additional wall is insulated with 3”
batt insulation.
-We use sound dampening sheet rock
called Sound Break xp to further
eliminate any high decibel level
penetration.
6.2.a
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Attachment: EXHIBIT A - BANFIELD OPERATION (PL21-0047 (MSSPA) & PL21-0048
11.13.b
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© 2018 Banfield Pet Hospital | All Rights Reserved
Pet Waste station Specs
• Stations can be mounted
to buildings and or
sidewalks
• Pet Waste Stations are
checked and emptied on
a daily basis or as needed
• All Banfield associates are
required to pick up and
dispose of any pet waste,
whether it came from
pets in our care or not—
this is no different than
any conscientious pet
owners walking a pet in a
public area
6.2.a
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Attachment: EXHIBIT A - BANFIELD OPERATION (PL21-0047 (MSSPA) & PL21-0048
11.13.b
Majestic Spectrum Specific Plan Amendment
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RESOLUTION NO. PC2022-001
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CHINO, CALIFORNIA, RECOMMENDING THE CITY COUNCIL APPROVE
A SPECIFIC PLAN AMENDMENT TO THE MAJESTIC SPECTR UM
SPECIFIC PLAN AMENDING THE LAND USE MATRIX TO ALLOW FOR
ANIMAL CARE TO BE A CONDITIONALLY PERMITTED USE WITHIN THE RM (REGIONAL MALL OVERLAY) LAND USE DISTRICT. PL21 -0047 (MAJESTIC SPECTRUM SPECIFIC PLAN AMENDMENT).
WHEREAS, CP Services (the “Applicant”), has filed an application with the City of Chino (the “City”) to amend the Majestic Spectrum Specific Plan (MSSP) land use matrix to allow for Animal Care to be a conditionally permitted use within the RM (Regional Mall Overlay) land use district (the “Project”); and
WHEREAS, the MSSP was approved by the City of Chino Planning Commission on June 16, 1986, and subsequently by the City Council on July 15, 1986; and
WHEREAS, the City of Chino Municipal Code establishes procedures on how to amend the specific plan as described in Section 20.23.050; and
WHEREAS, the proposed MSSP Amendment has been determined to be consistent with the intent of the General Plan; and
WHEREAS, the proposed MSSP Amendment will not adversely affect the harmonious relationship with the adjacent neighborhoods and land uses; and
WHEREAS, all provisions of the California Government Code and Chino Municipal Code related to the proposed MSSP Amendment have been complied with; and
WHEREAS, the Planning Co mmission of the City of Chino has completed its study of the proposed MSSP Amendment and related materials; and
WHEREAS, on January 19, 2022, the Planning Commission held a duly noticed public hearing for the Project in compliance with law, including com pliance wit h the relevant provisions of the California G overnment Code and Chino Municipal Co de, entertained the written and oral report of staff, and considered public testimony on the Project.
NOW, THEREFORE, the Planning Commission of the City of Chin o, Californ ia, does hereby FIND, DETERMINE, and RESOLVE as follows:
A. The foregoing recitals are true and correct and incorporated herein.
B. Based on substantial evidence, both written and oral, from the public hearing, the Planning Commission makes t he following findings and takes the following actions on PL21-0047 (Majestic Spectrum Specific Plan Amendment):
6.2.b
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Attachment: MSSPA RESO PC2022-001 [Revision 3] (PL21-0047 (MSSPA) & PL21-0048 (SCUP) - Banfield Pet Hospital)
11.13.b
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RESOLUTION NO. PC2022-001
1. PL21-0047 (Majestic Spectrum Specific Plan Amendment)
a. The proposed specific plan amendment is internally consistent with the General Plan, in that change in the land use matrix to allow Animal Care as a conditionally permitted use with in the RM (Regional Mall Overlay) is consistent with the other land uses (Regional Commercial , Light Industrial, General Industrial, and Commercial Manufacturing ) in the MSSP as being conditionally permitted, especially with the regional commercial center to the north, and is also consiste nt with the intent of the General Plan as it is a commercial use; and
b. The proposed specific plan amendment will not be detrim ental to the public interest, health, safety, convenience or welfare of the City , as the proposed amendment to the land use matrix to conditionally permi t Animal Care facilities in the RM land use district is consistent with all other districts in the MSSP and a use that would typically be found in commercial centers; and
c. The proposed specific plan amendment will maintain the appropriate balance of land uses within the City , as the MSSP area contains mostly commercial uses and Animal Care facilities are currently conditionally permitted uses in all other districts in the MSSP, which are similar to the RM district, and would be a use typically found in commercial centers; and
d. In the case of an amendment to a specific plan land use map, the subject site is physically suitable, inclu ding but not lim ited to parcel size, sh ape, access, availability of uti lities and compatibility with adjoining land u ses, for the requested land use designation and anticipated development. There are no proposed changes to the land use map.
2. CEQA Findings . The MSSP Amend ment is exempt from the California Environmental Qualit y Act (CEQA) under CEQA Guidelines Section 15061(b)(3), Common Sense Exemption, in that it c an be seen with certainty that there is no possibility for this action to have a significant effect on the en vironment, and individual development applications will be reviewed under CEQA as they are proposed; and
3. Recommendation of Approval of PL21-0047 (Majestic Sp ectrum Specific Plan Amendment). The Planning Commission hereby recommends the Cit y Council approve PL21-0047 (Majestic Spectrum Specific Plan Amendment); and
4. Actions by the Plann ing Commission Secretary . The Pl anning Commission Secretary is hereby directed to attest as to the adoption of this Resolution as of the date set forth below and forthwith transmit a copy of this Resolution, by regular mail, to the Applicant at the address of record set forth in the Application.
6.2.b
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Attachment: MSSPA RESO PC2022-001 [Revision 3] (PL21-0047 (MSSPA) & PL21-0048 (SCUP) - Banfield Pet Hospital)
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RESOLUTION NO. PC2022-001
PASSED, APPROVED and ADOPTED THIS 19th day of January 2022.
PLANNING COMMISSION CHAIRPERSON
ATTEST:
SECRETARY, PLANNING COMMISSION
State of California )
County of San Bernardino ) §
City of Chino )
I hereby certify the foregoing Resolution was duly adopted by the Chino Planning Commission at a meeting held on the 19th day of January 2022 and entered in the minutes of said Commission.
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
SECRETARY, PLANNING COMMISSION
6.2.b
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Attachment: MSSPA RESO PC2022-001 [Revision 3] (PL21-0047 (MSSPA) & PL21-0048 (SCUP) - Banfield Pet Hospital)
11.13.b
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RESOLUTION NO. PC2022-002
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CHINO, CALIFORNIA, APPROVING PL21-0048 (SPECIAL
CONDITIONAL USE PERMIT), FOR THE OPERATION OF A 3,174
SQUARE FOOT BANFIELD PET HOSPITAL LOCATED WITHIN THE
RM (REGIONAL MALL OVERLAY) LAND USE DISTRICT OF THE
MAJESTIC SPECTRUM SPECIFIC PLAN, LOCATED AT 3959 GRAND
AVENUE, UNIT A (APN: 1022-571-10).
WHEREAS, the City of Chino (the “City”) adopted the Majestic Spectrum Specific Plan (MSSP) on July 15, 1986; and
WHEREAS, CP Services (the “Applicant”), filed an application with the City of Chino (the “City”) for approval of PL21-0048 (Special Conditional Use permit) to approve the operation of a 3,174 square foot Banfield pet hospital located within the RM (Regional Mall Overlay) land use district of the MSSP, located at 3959 Grand Avenue , Unit A (APN: 1022-571-10)(the “Project”), pending City Council approval of PL21-0047 (Majestic Spectrum Specific Plan Amendment) which will allow for Animal Care to be a conditionally permitted use within the RM (Regional Mall Overlay) land use district; and
WHEREAS, the Planning Commission of the City of Chino has completed its study of the proposed Project; and
WHEREAS, on January 19, 2022, the Planning Commission held a duly noticed public hearing for the Project in compliance with law, entertained the written and oral report of staff, and took public testimony on the Project; and
NOW, THEREFORE, the Planning Commission of the City of Chino, California, does hereby FIND, DETERMINE, and RESOLVE as follows:
A. The foregoing recitals are true and correct and incorporated herein.
B. Based on substantial evidence, both written and oral, from the public hearing, the Planning Commission make s the following findings and takes the following actions on PL21-0048 (Special Conditional Use Permit):
1. PL21-0048 (Special Conditional Use Permit):
a. The proposed use is consistent with the goals and policies of the City’s adopted General Plan and/or applicable specific plan(s), in that, upon City Council approval of PL21 -0047 (MSSPA), Animal Care use will be conditionally permitted in the RM overlay land use district of the MSSP and General Plan Objective LU -1.3 encourages commercial development that will support and enhance vibrant commercial areas and serve existing neighborhoods;
6.2.c
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Attachment: Bandfield SCUP Reso PC2022-002 [Revision 4] (PL21-0047 (MSSPA) & PL21-0048 (SCUP) - Banfield Pet Hospital)
11.13.b
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RESOLUTION NO. PC2022-002
b. The subject site is physically suitable, inc luding but not limited to, parcel size, shape, access and availability of utilities, for the type and intensity of use proposed, as the Project is located within a multi-tenant commercial building in the Spectrum Towne Center in an existing 3,174 square foot tenant space, and meets all minimum development standards set forth in the RM overlay land use district of the MSSP;
c. The subject site relates to streets and highways properly designed, both as to width and type of pavement to carry the type and quantity of traffic generated by the proposed use as Grand Avenue is a major arterial and Pipeline Avenue is a secondary arterial, both designed to handle traffic that will be generated by the proposed use in the existing commercial center;
d. The proposed use is compatible with those on abutting properties and in the surrounding neighborhood, as the proposed pet hospital is located in the RM overlay land use district in an existing commercial center in the MSSP, which permits a variety of commercial uses, and is consistent with regional commercial center to the north designated as a Regional Commercial land use district , as well as the other Light Industrial, General Industrial, and Commercial Manufacturing land use dist ricts with the MSSP, which conditionally permit Animal Care services with the approval of a Special Conditional Use Permit, and includes conditions of approval that regulate the business in a manner that will ensure compatibility with adjacent uses;
e. The proposed location, size, and operating characteristics of the proposed use will not be detrimental to the public interest, health, safety or general welfare, as the proposed pet hospital use will be conditionally permitted in the RM overlay land use district of the MSSP, pending City Council approval of PL21-0047 (MSSPA), and has been designed and located to meet all minimum City requirements. In addition, certain safeguards have been required of the proposed use, which the Planning Commission deems necessary to protect the public health, safety, and general welfare. These safeguards (conditions of approval) are attached to this resolution, and are described herein;
f. The proposed use will not have a significant adverse impact on the environment, as the Projec t is exempt from the California Environmental Quality Act per Section 15301 – Existing Facilities; and
g. The minimum safeguards necessary to protect the public health, safety and general welfare have been required of the proposed use, and have been imposed as conditions of Project approval by the Chino Planning Commission.
6.2.c
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Attachment: Bandfield SCUP Reso PC2022-002 [Revision 4] (PL21-0047 (MSSPA) & PL21-0048 (SCUP) - Banfield Pet Hospital)
11.13.b
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RESOLUTION NO. PC2022-002
2. CEQA Findings. In compliance with the California Environmental Quality Act (CEQA), pursuant to Guideline § 15301 – Existing Facilities, the Project qualifies as being categorically exempt from CEQA and will have no significant impact on the environment. Furthermore, none of the exceptions to the categorical exemptions set forth in the CEQA Guidelines 15300.2, apply to this project.
3. Approval of PL21-0048 (Special Conditional Use Permit ). The Planning Commission hereby approves PL21-0048 (Special Conditional Use Permit ) subject to the Conditions of Approval attached hereto as Exhibit “A”. Applicant, including its successors and assigns, shall be responsible for implementing and complying with all conditions set forth in Exhibit “A”.
4. Actions by the Planning Commission Secretary. The Planning Commission Secretary is hereby directed to attest to the adoption of this Resolution as of the date set forth below and forthwith transmit a copy of this Resolution, by regular mail, to the Applicant at the address of record set fo rth in the Application.
PASSED, APPROVED, and ADOPTED this 19TH day of January 2022.
PLANNING COMMISSION CHAIRPERSON
ATTEST:
SECRETARY, PLANNING COMMISSION
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Attachment: Bandfield SCUP Reso PC2022-002 [Revision 4] (PL21-0047 (MSSPA) & PL21-0048 (SCUP) - Banfield Pet Hospital)
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RESOLUTION NO. PC2022-002
State of California )
County of San Bernardino ) §
City of Chino )
I hereby certify the foregoing Resolution was duly adopted by the Chino Planning Commission at a meeting held on the 19th day of January 2022 and entered in the minutes of said Commission.
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
SECRETARY, PLANNING COMMISSION
Attachment:
Exhibit “A” – Conditions of Approval
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EXHIBIT A
DEPARTMENTAL
CONDITIONS OF APPROVAL
DATE: January 19, 2022
PROJECT FILE NO.: PL21-0047 (Majestic Spectrum Specific Plan Amendment) & PL21-0048 (Special Conditional Use Permit)
LOCATION: 3959 Grand Avenue, Unit A (APN: 1022-571-10)
APPLICANT: Cole Theel, CP Services
The departments listed below have r eviewed the above referenced application. Those departments marked with an “X” have required conditions of approval to be imposed on the project.
Development Services Department –
[X] Planning Division
[ ] Development Engineering Division
[ ] ADA Accessibility Division
[X] Chino Valley Independent Fire District
[ ] Police Department
[ ] Finance Department
[ ] Community Services
*Condition of Approval No. 4.9.5 was modified by the Planning Commission at the Planning Commission meeting on January 19, 2022.
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DEVELOPMENT SERVICES DEPARTMENT
PLANNING DIVISION CONDITIONS OF APPROVAL
DATE: January 19, 2022
PROJECT FILE NO.: PL21-0047 (Majestic Spectrum Specific Plan Amendment) & PL21-0048 (Special Conditional Use Permit)
LOCATION: 3959 Grand Avenue (APN: 1022-571-10)
APPLICANT: Cole Theel, CP Services
1.0 TIME LIMITS:
1.1. Special conditional use permit approval shall expire on Janua ry 19, 2023, if the approved use has not comme nced. The expiration date may be extended upon written request by the applicant on a City application form.
The request must be received by the Director of Development Services at least 30 days prior to expiration of the application.
1.2. Should the use for which this approval is granted cease to exist for 180 or more consecutive days, this permit shall be deemed null and void.
1.3. Approval of PL2 1-0048 (Special Conditional Use Permit) is contingent upon approval of PL21- 0047 ( Majestic S pectrum Spe cific Plan Amendment) by the City Council. The proj ect use cannot commence, and this approval will be determined null and void, if the aforementioned Majestic Spectrum Specific Plan Amend ment is not approved by the City Council.
2.0 GENERAL REQUIREMENTS:
2.1. Failure to comply with any conditions of approval shall be deemed just cause for revocation of project approval by the Planning Commission.
2.2. The project shall proceed only in accordance with approved plans on file with the Development Services Department, the conditions contained herein and the Chino Municipal Code.
2.3. Approval of this request shall not waive compliance with all sections of the Chino Municipal Code, all other applicable City ordinances, and applicable specific plans.
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DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION
CONDITIONS OF APPROVAL
FILE NO.: PL21-0047 (MSSPA) & PL21-0048 (SCUP) DATE: January 19, 2022
2.4. Pursuant to Government Code Section 66020, the applicant is informed that the 90- day period in which the applicant may protest th e fees, dedications, reservation or other exaction imposed on this project through the conditions of approval has begun.
2.5. In the event that any condition contained herein is determined to be invalid or legally unenforceable, then all remaining conditions shall remain in force.
2.6. In the event that any condition imposing a fee, exaction, dedication, or other mitigation measure is challenged by the project sponsors and/or other parties in an action filed in a court of law, which action is brought within the t ime period provided for by law, this approval shall be suspended pending dismissal of such acti on, the expiration of the limitation period applicable to such action, or fi nal resolution of such action. If any condition is invalidated by a court of law, th e applicable section of the entire project shall be reviewed by the City and substitute conditions may be imposed.
2.7. As a condition of issuance of this approval, the applic ant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmles s the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of t he City Council, Planning Commission, or other decision- making body, or staff action concerning this project. The City agrees to promptly notify the applicant of any such claim filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in the defense of any such action under this condition.
2.8. Any minor modification (i.e. expansion into the adjacent tenant space) to the project shall require review and approval by the Dir ector of Development Services. Any major modification to the project and/or change in the use at the project site shall require review and approval by the Planning Commission.
2.9. All proposed signs shall be designed to conform with Chino Municipal Code Title 16 (Signs) and shall require separate application and approval by the Director of Development Services.
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DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION
CONDITIONS OF APPROVAL
FILE NO.: PL21-0047 (MSSPA) & PL21-0048 (SCUP) DATE: January 19, 2022
3.0 PRIOR TO THE ISSUANCE OF A BUILDING PERMIT AND/OR
COMMENCEMENT OF THE APPROVED USE:
3.1. Pursuant to Public Resources Code Section 21089 and Fish and Wildlife Code Section 711.4, the developer shall provide those fees marked [X] below in the form of a check made payable to the San Bernardino County Clerk of the Board of Supervisors within 5 days of Planning Commission approval . Project approval shall not be complete until the required fee(s) is (are) paid:
[X] $50 for the Notice of Exemption filing fee.
3.2. Revised plans, incorporating all conditions of approval, shall be submitted for review and approval by the Director of Development Services.
3.3. All plans shall be coordinated for consistency.
3.4. The developer shall pay development impact fees at the established rate.
Such fees may include, but not be limited to, new construction fee, park or open space fees, school fees, drainage fees, sewer fee s, building permit and plan check fees.
4.0 THE APPROVED USE SHALL BE OPERATED IN ACCORDANCE WITH THE FOLLOWING:
4.1. All operations shall not create a nuisance due to noise, od or, dust, mud, smoke, steam, vibration or other similar causes.
4.2. The operation or activity shall not cause the emission of any smoke, fly ash, dust, fumes, vapors, gases, or other forms of air pollution that can cause damage to human health, vegetation, or other forms of air pollution that can cause excessive soiling on any other parcel. No emission shall be permitted which exceeds the requirements of the South Coast Air Quality Management District o r the requirements of any Air Quality Plan adopted by the City of Chino.
4.3. The operation or activity shal l not emit odorous gases or other odorous matter in such qu antities as to be dangerous, injurious, noxious, or otherwise objectionable to a level that i s detectable with or without the aid of instruments at or beyond the project site boundary.
4.4. The operation shall not discharge, at any point, into any public or pr ivate street, public sewer, storm drain, private stream, body of water, or into the ground, any material which can contaminate any water supply, interf ere with bacteriological processes in sewer treatment, or otherwise cause the
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DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION
CONDITIONS OF APPROVAL
FILE NO.: PL21-0047 (MSSPA) & PL21-0048 (SCUP) DATE: January 19, 2022
emission of dangerous or of fensive elements, except in accordance with the standards approved by the California Department of Public Health, or any other federal, state or local government agency.
4.5. No operation or activit y shall emit heat or cold that would cause a temperature incr ease or decrease on any adjacent parcel in excess of 100F (5.560C).
4.6. No operation or activity shall cause any impermissible source of electronic disturbance that adversely affects persons or the ope ration of any equipment on any other parcel that is not in conformance with the regulations of the Federal Communications Commission (FCC).
Impermissible interference for the purposes of this document shall mean any interference that violates the rules and regulations of the FCC and/or the Communications Act of 1934, as amended.
4.7. No operation or activity shall be permitted to cause a steady state, earth- borne oscillation which is continuous and occurring more fr equently than 100 times per minute beyond t he project site. Ground vibration caused by moving vehicles, trains, aircraft, or temporary construction or demolition is exempted from this requirement.
4.8. Noise emanating from the project site, and which is receiv ed by adjacent land uses, shall not exceed the levels specified below, except that loudspeakers, bells, gongs, buzzers or other noise attention or attracting devices shall not exceed a maximum dayti me dBA level of 60 and nighttime dBA of 40, measured anywh ere beyond the boundaries of the property within which the noise is created.
4.9. Sports and Recreation Centers:
4.9.1. The special conditional use permit is approv ed for an animal care/veterinary service pet hospital that includes examinations, Maximum Time of
Exposure
Noise
Metric
Noise Level Not To Be Exceeded
7 a.m. to 10 p.m. 10 p.m. to 7 a.m.
30 Minutes/Hour L50 55 dBA 50 dBA
15 Minutes/Hour L25 60 dBA 55 dBA
5 Minutes/Hour L8.3 65 dBA 60 dBA
One Minute/Hour L1.7 70 dBA 65 dBA
Any Period of Time Lmax 75 dBA 70 dBA
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DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION
CONDITIONS OF APPROVAL
FILE NO.: PL21-0047 (MSSPA) & PL21-0048 (SCUP) DATE: January 19, 2022
diagnostic capabilities, surgery, vaccinations, grooming, pharmacy, and pet suppl y sales, generally operating 7:00 a.m. to 7:00 p.m., seven days a week. Any modification to the project and/or change in use at the project site shall be subject to review and approval by the D irector of Development Services. If the proposed revisions are substantial then the Director may require that the Planning Commission review and approve them.
4.9.2. The applicant or its successor(s) shall be required to provide the necessary soundproofing of t he lease space to mitiga te the noise and/or vibrat ion created o n site, if noise and/or vibrations exceed what is permitted under the Chino Municipal Code or create a nuisance to other tenants within the development. Said soundproofing shall be installed to the satisfaction of the Director of Development Services.
4.9.3. Should it be determined by the City that noise measurements or a noise analysis of the use is needed, the applicant and its successor(s) shall bear all costs for said measurements and/or study.
4.9.4. All activities shall be conducted indoors.
4.9.5. Any pet waste inside and outside the tenant leased space shall be properly disposed of in accordance with sound
business pract ices an d applicable laws . A minimum of three total pet w aste station s shall be installed prior to occupancy, in case of pet accidents, to be located outside the storefront, in an island area in the parking lot adjacent to the storefront, and outside the rear of the building, to the satisfaction of the Director of Development Services.
4.9.6. All proposed signs shall be designed to conform with Chino Municipal Code Title 16 (Sig ns) and shall require separate application and approval by the Direc tor of Development Services.
4.9.7. Overnight boarding of animals shall be prohibited.
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Special Districts Leadership Foundation - District of Distinction Since 2008
January 11, 2022
It is a recommendation of the Fire District that the developer of every new construction project facilitate a preconstruction meeting. The meeting is to be scheduled with the Fire District Inspector for said project.
The following are the conditions of the above referenced permit/project. All conditions shall be adhered to, failure to comply with said conditions may result in the revocation of said permit and/or punitive fines as outlined in the Fire District fee schedule.
We look forward to a cooperative working relationship throughout the project. Should you have any questions regarding the project, including the conditions as set forth herein, please feel free to contact our office at (909) 902-5280.
3.0 THE ITEMS BELOW ARE CONDITIONS OF APPROVAL AND ARE TO BE COMPLETED PRIOR TO OCCUPANCY:
3.1 An automatic protection fire sprinkler system is required for all buildings 5,000 sq. ft or greater. and/or when used for allowable area increase, if applicable. This system shall comply with NFPA Standard No. 13 and Fire District Standard No. 110. An electronic/PDF set of detailed plans along with hydraulic calculations and material specifications shall be submitted to the Community Risk Reduction Division. The system shall be installed, tested and approved prior to system final. Fire sprinkler systems shall be installed by a licensed C-16 contractor.
Chino Valley Fire District
14011 City Center Drive
Chino Hills, CA 91709
(909) 902-5260 Administration
(909) 902-5250 Fax
Chinovalleyfire.org
2021-00001584
Fire Protection Requirements
COLE THEEL
4900 RIVERGRADE RD
IRWINDALE, CA - California 91706
Project Name: MAJESTIC SPECTRUM
SP - PL 21-0047 PL 21-0048
Project Address: 3959 GRAND AVE
CHINO, CA 91710
Board of Directors
Sarah Ramos-Evinger
President
Mike Kreeger
Vice President
John DeMonaco
Harvey Luth
Winn Williams
Fire Chief
Tim Shackelford
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Special Districts Leadership Foundation - District of Distinction Since 2008
3.2 An automatic fire alarm and/or fire sprinkler monitoring system is required. An electronic/PDF set of detailed plans shall be submitted showing the design, system components, signaling devices, fire alarm power supply, control panel and auxiliary devices and functions of the alarm system. Please refer to Fire District Standard No. 13 3 and current adopted editions of the California Building Code, as well as NFPA Standard
72. 3.3 Hand-held portable fire extinguishers are required to be installed. The location, type and cabinet design shall be approved by the Community Risk Reduction Division.
3.4 Exits, doors, signs and approved path marking shall be installed in accordance with the current adopted edition of the California Building Code, Section 1007
3.5 "No Parking - Fire Lane" signs shall be installed in interior access drives at locations designated by the Community Risk Reduction Division. Curbs shall be painted red at locations designated by the Community Risk Reduction Division. Please refer to Fire District Standard No. 121.
3.6 An approved recessed Fire Department "KNOX" brand key box is required. The key box shall be located at or near the main ent rance(s), and shall be provided with a tamper switch and shall be monitored by an approved central station monitoring service. Please refer to Fire District Standard No. 117.
3.7 Commercial, industrial, and multi -family building addresses shall be posted with a minimum eight inch (8") numbers, visible from the street and during the hours of darkness they shall be internally or externally electrically illuminated. Posted numbers shall contrast with the background used and be legible from the street.
3.8 An electronic/PDF set of plans shall be submitted separately for each of the following listed items to the Fire District for review, approval and permit prior to any installation or work being done. Approved plans must be maintained at the worksite during construction. Fees are due at the time of submittal.
a) Building Construction, includes tenant improvement work b) Private (onsite) Underground Fire Protection Water Systems, if applicable c) Fire Sprinkler Systems, designed by C16 contractor or registered engineer d) Fire Alarm Systems or Sprinkler Monitoring Systems designed by a C7, C10 contractor or registered engineer.
e) Knox box and/or security gate locations.
Applicable Standards:
110, 117, 122, 133
CVFD Standards available online at http://www.chinovalleyfire.org
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© 2019 Banfield Pet Hospital | All Rights Reserved
1 LOCATIONS OUTSIDE OF PETSMART STORES
Stand Alone Hospitals
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3959 Grand Avenue, Unit A
Chino, California 91710
BANFIELD PET HOSPITAL
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Attachment: BANFIELD PLANS (PL21-0047 (MSSPA) &
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Proposed Banfield Animal Hospital
MLM Chino, LLC
Chino Spectrum Towne Center
3959 Grand Avenue, Unit A
Chino, California 91710
BREAK RM.SEE GENERALDESIGN NOTE #2
FELINESSEE GENERALDESIGN NOTE #3
EXAM #4 /COMFORT7'-8" x 11'-6"
ISO
SURGERY10'-10" x 8'-8"X-RAY
EXAM #27'-0" x 10'-8"
RPBPWASHERDRYERFREEZER
VESTIBULESEE GENERALDESIGN NOTE #448" AFI BENCH48" AFI BENCH BANFIELD LOGO LAYOUT "B" 83 12"W x 23 14"H(NO WALL PANEL)
LOCKABLESTORAGECABINET
EXAM #17'-0" x 10'-8"
EXAM #37'-0" x 11'-6"
100'-0"ADJACENT TENANT
ADJACENT TENANT
30'-10 1/2"
TREATMENTSUPPORT
CANINEWARD
DOGRUN #13'-0" x 6'-0"DOGRUN #23'-0" x 6'-0"
5'-0"4'-11 3/4"
4'-9" 4'-6"
4'-5"
5'-0"3'-6"LOBBYSEE GENERAL DESIGNNOTE #1
SHARED EXITCORRIDOR
4'-0"CLEAR
48" AFI BENCH
AFI SURGICALSTORAGECOMPONENTAFI SURGICALSTORAGECOMPONENT
SURGERY /SINK & PREPAREA
BLOOD TESTINGWORK AREA
OPEN BELOWFULL-SIZEREF
FECAL TESTINGWORK AREA3'-9"OPEN BELOW
4'-10"
4'-0"
3'-6"
3'-6"
BROCHURERACK #2
BROCHURERACK #1
48" AFI BENCHTOILET #1TOILET #2
48" AFI BENCH
472 1/2"HIGH OPENSTORAGE ABOVE472 1/2"HIGH OPEN
472 1/2"HIGH OPEN472 1/2"HIGH OPENSTORAGE ABOVE
472 1/2"HIGH OPENSTORAGE ABOVE472 1/2"HIGH OPEN472 1/2"HIGH OPENSTORAGE ABOVE472 1/2"HIGH OPEN472 1/2"HIGH OPENSTORAGEABOVE 472 1/2"HIGH OPEN472 1/2"HIGH OPENNO STORAGE ABOVE
472 1/2"HIGH OPENNO STORAGEABOVE
EXISTINGSTOREFRONTDOORS: PROVIDEAUDIBLE ALARM
OPEN "BONE" SIGNOVER DOOR,CONNECT TOELECTRICAL OUTLETIN CEILINGSEE DESIGNNOTE 4C SEE DESIGNNOTE 4C
8' MERCHANDISE
ACCENT SEATING &TABLE BY STAPLESFUTURE TV ABOVE:PROVIDE BACKING INWALL, ELEC. & DATAOUTLETS FORFUTUREINSTALLATION PET CLEAN-UPSTATIONRESTROOMSUPPLYCABINETw/ LOCK
30"Wx14"D BOOKSHELFCOMPONENT ABOVEWORKSTATION.
(3) UNITS - DEASAFE CABINETS
30"Wx14"D BOOK-SHELF COMPONENTABV. WORKSTATION.30"Wx14"D BOOKSHELFCOMPONENT ABOVEWORKSTATION. 4' x 8' FIRE TREATED BOARDMOUNTED FLUSH WITHCEILING FOR TELCOM &NOVAR EQUIPMENTSUGGESTEDLOCATION FORNEW ELECTRICALPANEL(S)SOUND DAMPENINGWALL FROM FINISHFLOOR TO ROOF DECKABOVE (TYPICAL)
MOP BUCKETSTORAGE
BURY EXISTING PIPECOLUMN WITHIN NEWSOUND WALL BURY EXISTING PIPECOLUMN WITHIN NEWSOUND WALL
SOUND DAMPENINGWALL FROM FINISHFLOOR TO ROOFDECK ABOVE (TYP)
EXISTING DOORTO HAVE AUDIBLEPUSH ALARM W/NO EXTERNALHARDWARE
MICROWAVE
COATS
WINDOWSILL 45" AFF
3'- 0" WIDE METALSWING DOOR3'- 0" WIDEMETAL DOOR5'-2"4'-4"
TREATMENTBOARD
HALLSUSPENDED CEILING@ 9'-0" AFF
4ISOLATION50" WIDENO STORAGEABOVE
WINDOWSILL 45" AFF
WINDOWSILL 45" AFFLOBBY STOREFRONT (TYP) TOHAVE ROLLER SHADES FROMHEADER TO 18" AFF. SHADES TOHAVE 3% OPEN WEAVE, ASSUPPLIED BY SOHO 1600 SERIES,COLOR: CANAL 1602 (CORNSILK).-NO SHADES AT VESTIBULE- 60 1/2" HIGH OPEN5 4 60 1/2"HIGH OPENSERVERMONITORPRIMARYNETWORK RACKPHONE LINESSECURITY &DVR RACKCCTVMONITORSERVER CABINETABOVE 4 EXISTINGRESTROOMN.I.S.
PRINTER LOCATEDBELOW COUNTERTOP
4 4
4 TREATMENTBOARD
12" GAP TOADJACENTBUILDING
4'-0"CLEAR4'-0"CLEAR
STORAGEABOVECONDOCONDOSTORAGEABOVECONDOCONDOSTORAGEABOVECONDOCONDOSTORAGEABOVECONDOCONDO
COMMUNICATIONCENTER
5'-0"WHITE BOARD
4'-3"AFI: STANDARD 30" WIDECOFFEE COMPONENTWITH COMMUNITY"BARK" BOARD ABOVE(1) UNIT WITH(2) LOCKABLEFILE DRAWERSPHARMACY SAFEBELOW4'-2"30"Wx14"DBOOKSHELFCOMPONENTABOVEWORKSTATION.
FULL-SIZEREF
DENTALSUITE3'-0"3'-8"5'-0"
FRP FULL HEIGHT& LEAD LINEDWALL BOARDTHROUGHOUTDENTAL SUITE WINDOWSILL 45" AFF
18 LOCKERS
30"Wx14"D BOOKSHELFCOMPONENT ABOVEWORKSTATION.
30"Wx14"D BOOKSHELFCOMPONENT ABOVEWORKSTATION.
GENERAL DESIGN NOTES:1. LOBBY: A. 457 SQUARE FEET (INCLUDES VESTIBULE), WITH SUSPENDEDCEILING A MINIMUM OF 11'-0" AFF. B. BANFIELD LOGO LAYOUT "B" - 83 1/2"W x 23 1/4" H MOUNTEDDIRECTLY TO WALL (NO WALL PANEL). C. ALL SEATING & TABLES INDICATED ON PLAN SUPPLIED BY AFI.BENCHES ARE 48" LONG UNLESS NOTED OTHERWISE.2. BREAK ROOM: A. (18) METAL LOCKERS TOTAL INDICATED - (3) ACROSS, (6) VERTICAL. B. COUNTERTOP TO BE 34" ABOVE FINISH FLOOR & TO BE OPENBELOW - NO BASE CABINETS. C. PROVIDE ELECTRICAL & DATA OUTLETS AT END OF COUNTER,OPPOSITE END FROM REFRIGERATOR FOR FUTURE COMPUTERWORKSTATION.3. FELINES ROOM: A. SUSPENDED CEILING AT 9'-0" ABOVE FINISH FLOOR WITH CEILINGBOARDS CLIPPED DOWN SECURELY TO CEILING GRID FRAMESYSTEM, WITH RECESSED 2' x 4' LED LIGHT FIXTURES. B. WALL MOUNTED 24" FLAT SCREEN TV, BOTTOM MOUNTED 43"ABOVE FINISH FLOOR. C. STANDARD (5) AFI FELINE CONDO COMPONENT SHOWN.4. LOBBY VESTIBULE A. "OPEN" BONE SIGN LOCATED OVER DOOR. CONNECT TOELECTRICAL OUTLET IN CEILING. B. VESTIBULE TO HAVE HARD LID CEILING WITH RECESSED 2' x 4' LEDLIGHT FIXTURE. C. INSTALL OPAQUE FILM FROM FLOOR UP TO 3'-0" AFF ON ALL GLASS- EXCEPT ON EXTERIOR WINDOWS, WITHIN VESTIBULE. "COOL GREY 9C" GLN6212NPUBLIC HALLWAY & LOBBYACCENT PAINT COLOR"LIGHT BLUE" GLN6211NEXAM ROOM ACCENT WALLSMODULAR WOOD PANELWAINSCOT IN COMFORT RM
ACCENT WALL COLORS
NOTE TO ARCHITECT:ACCENT WALL COLORS & SPECIAL FINISHES AREINDICATED ON FIXTURE PLAN WALLS. COLORS TO BEGLIDDEN PREMIUM, UNLESS NOTED OTHERWISE.PURCHASE ONLY FROM HOME DEPOT.
FRP WALL COVERING FROMTOP OF FINISHED FLOOR TO48" AFF.
"COOL GREY 1C" GLN6211NPUBLIC HALLWAY & LOBBYMAIN PAINT COLOR PROPOSED SPACE PLAN 10/05/2020
vIFM4 CHINO, CA (R)PIPELINE AVE & SPECTRUM SRELO-PROTECT #1092 FIXTURE PLAN HISTORYDATE2134567
INITIALS---
1 of 1SHEET NO.:LORIN GATESSENIOR DIRECTOR REAL ESTATE SITESELECTIONDATE: TBD NATALIE VAN WAGONERCONSTRUCTION MANAGERDATE: TBDDRAWN BY:S|E A (e.r.)REVIEWS & APPROVALS:
DATE DRAWN:07/02/2020 BanfieldPET HOSPITAL18101 SE 6th WAY - VANCOUVER, WA 98683 BRANDON PHILLIPSSENIOR MANAGER HOSPITAL OPENINGSDATE: TBDANDREW CHAMBERSSPECIALIST PHYSICAL SECURITYDATE: TBD N
3,103 SF (3,174 SF LUCERNEX)
FAST FACTS:- 12 CANINE WARD LARGE KENNELS- 6 TREATMENT ROOM LARGE KENNELS- 2 DOG RUNS- 4 EXAM ROOMS- 5 TREATMENT WORKSTATIONS- 3 TREATMENT EXAM TABLES- 1 DENTAL SUITE WORKSTATION- 1 PHARMACY WORKSTATION- 3 RECEPTION DESK WORKSTATIONS
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PROPOSED BANFIELD PET HOSPITAL - PEDESTRIAN ACCESS
ADA PARKING AND PATHWAY TO PUBLIC STREET
PUBLIC STREET - GRAND AVENUE
ADA PARKING STALLS
PROPOSED BANFIELD PET
HOSPITAL - LOCATION
G
R
A
N
D
.
.
.
A
V
E
N
U
E
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MLM CHINO, LLC - PROPOSED BANFIELD PET HOSPITAL
PEDESTRIAN ACCESS PLAN
MLM CHINO, LLC -BANFIELD PET
HOSPITAL - PROPOSED LOCATION
ADA PATH OF TRAVEL TO
GRAND AVENUE
ADA PARKING STALLS
Image capture: Mar 2019© 2021 Google
Street View - Mar 2019
Google
Chino, California
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PROPOSED BANFIELD ANIMAL HOSPITAL
3959 GRAND AVENUE, SUITE A
© 2019 Banfield Pet Hospital | All Rights Reserved
4 Lobby Photos
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Majestic Spectrum Specific Plan Amendment
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EXAMPLE
© 2019 Banfield Pet Hospital | All Rights Reserved
5 Exam Rooms (not public facing)
6.2.h
Packet Pg. 40
Attachment: BANFIELD PLANS (PL21-0047 (MSSPA) & PL21-0048 (SCUP) - Banfield Pet
11.13.b
Majestic Spectrum Specific Plan Amendment
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EXAMPLE
© 2019 Banfield Pet Hospital | All Rights Reserved
6 Treatment Areas (not public facing)
6.2.h
Packet Pg. 41
Attachment: BANFIELD PLANS (PL21-0047 (MSSPA) & PL21-0048 (SCUP) - Banfield Pet
11.13.b
Majestic Spectrum Specific Plan Amendment
Packet Pg. 213
EXAMPLE
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M E M O R A N D U M
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: FEBRUARY 15, 2022
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR
SUBJECT: EUCALYPTUS BUSINESS PARK SPECIFIC PLAN AMENDMENT (PL21 - 0042).
RECOMMENDATION
1) Conduct a public hearing; 2) adopt Resolution No. 2022-010 adopting an Addendum to the Eucalyptus Business Park Specific Plan Environmental Impact Report (SCH No. 1989070310); and 2) approve the Introduction of Ordinance No. 2022-003, adopting PL21-0042 (Eucalyptus Business Park Specific Plan Amendment), to be read by number and title only and waive further reading of the Ordinance.
FISCAL IMPACT
Amending the Eucalyptus Business Park Specific Plan to allow the sale of Recreational Vehicles would result in an increase to the City's sales tax revenue once the use is established.
11.14 PUBLIC HEARING
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COUNCIL MEETING DATE: FEBRUARY 15, 2022
SUBJECT: EUCALYPTUS BUSINESS PARK SPECIFIC PLAN AMENDMENT (PL21-0042) PAGE 2
BACKGROUND
An application was submitted in September 2021 to amend the Eucalyptus Business Park Specific Plan (EBPSP). The Eucalyptus Business Park Specific Plan Amendment (PL21 -0042) includes a request to modify the specific plan land use district for the property located at 4331 Eucalyptus Avenue from the current designation of Business Park (BP) to Manufacturing (M).
Included in the amendment is a change added by the City to allow the sale of recreational vehicles (RV) in the Auto Mall (AM) land use district. The Planning Commission recommended approval of PL21 -0042 on December 6, 2021 (Planning Commission Staff Report att ached as Exhibit “A”), The City Council Economic Development Committee also reviewed the proposed amendment on January 13, 2022 and supported the changes.
ISSUES/ANALYSIS
The property located at 4331 Eucalyptus Avenue is located within the EBPSP and curre ntly designated Business Park (BP). The proposed amendment will result in a change in the specific plan district of the site to Manufacturing (M) to make the site consistent with the current Chino General Plan land use designation of Light Industrial (LI). The specific plan M land use district and the General Plan LI land use designation are considered to have the same industrial intensity.
The proposed amendment from BP to M would also allow the applicant’s future tenants more certainty before leasing the building. The project site is currently improved with a 100,000 square foot industrial building that was constructed in 2002. The current EBPSP land use district requires approval of an Administrative Approval (AA) application by the City for industrial us es that exceed 50,000 square feet in size that conduct wholesale, storage and distribution activities in the BP land use district. Since the building currently exceeds 50,000 square feet in size, each time a new tenant leases the building, approval of an AA is required. The applicant is requesting to change the land use district to M, which does not require approval of an AA to allow the applicant more certainty for future leasing of the building. The building is currently occupied by a long-term tenant, Wa rn Industries, and the proposed amendment remains consistent with the current business. Also, additional clean up text changes related to the proposed land use district change are included to the EBPSP. These changes include corrections to acreages within the EBPSP area and the description of the remaining business park areas within the boundaries of the EBPSP.
The EBPSP has been amended several times since it was originally approved in 1990. In 2003, an amendment was adopted, establishing the Auto Mall (AM ) land use district on the west side of Ramona Avenue at Corporate Center Drive. When the amendment was approved, Recreational Vehicle (RV) sales were originally included in the definition of car sales as a permitted land use in the AM land use district. I n 2009, the City processed another amendment to the EBPSP that specifically removed RV sales as a permitted land use in the AM land use district. At that time, the City intended to develop a traditional auto mall that sold passenger vehicles and trucks, wh ich never occurred. The City is currently working with an RV dealer that intends to open a dealership on a vacant and undeveloped property within the auto mall for the sales of traditional RV’s, travel trailers, fifth wheels and toy haulers, which requires the RV land use to be reinstituted as a permitted land use within the EBPSP. The reinstatement of the RV land use would also allow the sale of other similar vehicles including boats and off -highway vehicles.
PUBLIC NOTICING
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COUNCIL MEETING DATE: FEBRUARY 15, 2022
SUBJECT: EUCALYPTUS BUSINESS PARK SPECIFIC PLAN AMENDMENT (PL21-0042) PAGE 3
A 10-day notice was mailed to all property owners and occupants within a 300 -foot radius of the 4331 Eucalyptus Avenue project site. In addition, all property owners within the AM land use district were notified. A notice for both projects was also published in the Chino Champion on February 5, 2022 and sent out on the City’s social media platforms. No comments have been received in response to the public notice. The notice meets legal noticing requirements.
ENVIRONMENTAL REVIEW
An Addendum to the Eucalyptus Business Park Specific Plan Environmental Impact Report (EIR) (SCH No. 1989070310) for the 4331 Eucalyptus Avenue Project (PL21 -0042) has been prepared by Kimley -Horn pursuant to the California Environmental Quality Act (CEQA). As outlined in the State CEQA Guidelines Section 15164 a nd the Public Resources Code Section 21166, an Addendum is the appropriate environmental document if the proposed project does not constitute significant new information and would not change the assumptions, analysis, conclusions, or mitigation measures of the EIR to a significant degree. The analysis concluded that the project would not create any new significant impacts or impacts significantly different than those identified in the Eucalyptus Business Park Specific Plan EIR. In addition, the project would not increase the severity of any previously identified significant impacts. Therefore, the proposed project is within the scope
The addition of RV sales as a permitted land use in the AM land use district is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), Common Sense Exemption, in that it can be seen with certainty that there is no possibility for this action to have a significant effect on the environment, and individual development applications will be reviewed under CEQA as they are proposed.
Attachment: Exhibit “A” - December 6, 2021 Planning Commission Staff Report Click here to view the Eucalyptus Business Park Specific Plan Amendment
11.14 PUBLIC HEARING
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RESOLUTION NO. 2022-010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHINO, CALIFORNIA , ADOPTING AN ADDENDUM TO THE
CERTIFIED EUCALYPTUS BUSINESS PARK SPECIFIC PLAN
(EBPSP) FINAL ENVIRONMENTAL IMPACT REPORT
(SCH# 1989070310) FOR THE PROJECT LOCATED AT 4331
EUCALYPTUS AVENUE (APN: 1025-111-04) PL21 -0042
(EUCALYPTUS BUSINESS PARK SPECIFIC PLAN
AMENDMENT) .
WHEREAS, the City of Chino (the City) certified the Eucalyptus Business Park Specific Plan (EBPSP) Final Environmental Impact Report (SCH No. 198907310) on November 20, 1990; and
WHEREAS, in compliance with the California Environmental Quality Act (“CEQA”), an Addendum to the EBPSP Environmental Impact Report (SCH No. 1989070310) for the 4331 Eucalyptus Avenue Project, dated October 2021, has been prepared by Kimley Horn for PL21-0042 (Eucalyptus Business Park Specific Plan Amendment) (the “Project”); and
WHEREAS, the Planning Commission of the City of Chino held a public hearing on December 6, 2021 concerning the proposed Project, received and considered public testimony, adopted Resolution No. PC2021-041, recommending the City Counc il approve PL21-0042 (Eucalyptus Business Park Specific Plan Amendment ), and Resolution No. PC2021-042, recommending the City Council adopt an Addendum to the EBPSP Environmental Impact Report (SCH No. 198907310); and
WHEREAS, prior to making a decision o n the Project, the City Council considered the proposed Addendum together with he Final Environmental Impact Report (FEIR); and
WHEREAS, on February 15, 2022, the City Council held a duly noticed public hearing to consider the Addendum in compliance with all applicable laws, considered the written and oral report of staff, and took public testimony on the Project.
NOW, THEREFORE, the City Council of the City of Chino, California, does hereby FIND, DETERMINE, and RESOLVE as follows:
A. The foregoing recitals are true and correct and incorporated herein.
B. Based on substantial evidence, both written and oral, from the public hearing, the City Council makes the following findings and takes the following actions with respect to the Addendum:
1. Some changes or additions to the FEIR are necessary as a result o f the Project, but none of the conditions described in Section 15162 of the CEQA Guidelines calling for the preparation of a subsequent EIR have occurred, as more fully discussed in the Addendum.
Therefore, an addendum to the FEIR is appropriate.
2. The Addendum is adequate for the proposed Project and complies with the requirements of CEQA.
11.14.a
Eucalyptus Business Park Specific Plan Amendment
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RESOLUTION NO. 2022-010