Those persons wishing to speak on any item included on the agenda, or on any matter within the subject matter jurisdiction of the City Council, are invited fill out and submit to the Cit y Clerk a “Request to Speak” form (name and address optional) which is avai lable at the entrance to the City Council Chambers .
Additionally, members of the public may submit electronic inquiries or comments by submitting emails to [email protected]
If you require a reasonable accommodation to participate in this meeting per your rights under the Americans with Disabilities Act or for any other reason, please contact the City Clerk’s Office (909) 334 -3306, at least 48 hours prior to the advertised starting time of the meeting.
Any documents produced by the City and distributed to a majority of the City Council regarding any item on this agenda will be made available in the City Clerk’s Office during nor mal business hours at City Hall located at 13220 Central Avenue, Chino. I n addition, such documents will be posted on the City’s website at www.cityofchino.org.
CHINO CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
REGULAR MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY OCTOBER 18, 2022
CLOSED SESSION – 6:30 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 LEGAL COUNSEL- ANTICIPATED LITIGATION Initiation of litigation pursuant to Paragraph (4) of Subdivision (d) of Government Code Section 54956.9.
Number of Cases: One Case.
FLAG SALUTE
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OCTOBER 18, 2022 2
CEREMONIALS
Proclamations
Lights on Afterschool Day - October 20, 2022.
REPORT OUT OF CLOSED SESSION
AGENDA ADDITIONS/REVISIONS
INFORMATION
Economic Development Report October 2022
PUBLIC ANNOUNCEMENTS
This is the time and place for the Mayor to inform the public of all upcoming events and past occurrences of communitywide interest and concern.
PUBLIC COMMENTS
This is the time and place for the general public to address the City Coun cil 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 m ore than five (5) minutes in which to address Council, except as provided under Government Code 54954.3(b)(2).
CONSENT CALENDAR
At this time, members of the public may present testimony as to why an item should be removed from the Consent Calendar for separate discussion. Unless a member of the public or City Council requests that an item be removed from the Consent Calend ar, all items will be acted upon as a whole and by one vote.
1. Warrants. Approve expenses as audited and within budget for warrants 762083 to 762293, and Electronic Fund Transfers 516017E to 516099E, totaling $4,386,971.44.
2. Minutes. Regular Meeting of October 4, 2022 (All Members Present).
3. Elected City Officials’ Report Regarding Travel, Training, and Meetings . Receive and file the Elected City Officials' Report reflecting City Council business related expenses incurred by the City and forecast of future events and trainings.
4. Temporary Appointment of a CalPERS Retiree Pursuant to Government Code Sections 7522.56 and 21221(H). Adopt Resolution No. 2022 -076 for the temporary appointment of a CalPERS retiree Michelle Dawson pursuant to government code Sections 7522.56 and 21221(H).
5. Public Improvement Agreement for the Ontario Ranch Business Park Project within the City of Chino Right-of-Way. Approve a Public Improvement Agreement with Euclid Land Venture, LLC for the construction of public improvements located on Merrill Avenue.
6. Measure I 5 -Year Capital Improvement Plan and Expenditure Strategy . Adopt Resolution No. 2022-069 approving the Measure I Local Street Pass -Through Funds Five -Year Capital Improvement Plan and Expenditure Strate gy for Fiscal Year 2022 -2023 through Fiscal Year 2026-2027.
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OCTOBER 18, 2022 3
7. Purchase Order and Vendor Cap Increase - M.K. Smith Chevrolet. Approve a purchase order and vendor cap increase for M.K. Smith Chevrolet, Chino, CA, in the amount of $50,474.78.
8. Construction Contingency Increase for Benson Avenue Permanent Lift Station Project R2071 .
Approve a construction contingency increase for the Be nson Avenue Permanent Lift Station Project R2071 to Caliagua, Inc., Anaheim, CA, in the amount of $60,188.48.
9. Notice of Completion - Chino Rancho Park Demolition Phase Project (G8201) . Accept the Chino Rancho Park Demolition Phase Project, completed b y C.S. Legacy Construction, Inc., Walnut, CA as complete.
10. Adoption and Second Reading of Ordinance No. 2022 -016. A dopt Ordinance No. 2022 -016, amending Chapters 5.04, 5.20, and 5.24 of the Chino Municipal Code Regulating Business Licensing.
ORDINANCE NO. 2022-016
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING MULTIPLE SECTIONS OF CHAPTERS 5.04, 5.20, AND 5.24 OF THE
MUNICIPAL CODE REGARDING BUSINESS LICENSES, LIVE ENTERTAINMENT, AND MASSAGE ESTABLISHMENTS.
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PUBLIC HEARING
Prior to the vote of the City Council, any member of the audience will have the opportunity to address Council on any items listed under Public Hearings. Council requests, but it is not required, that you state your name and address prior to making any remarks.
11. Short Term Rental Housing . Approve the introduction of Ordinance No. 2022 -014, adding or amending provisions of Titles 8 and 1 of the Chino Municipal Code to clarify a ban on short term rental housing, proscribin g penalties for violations of said ban, and implementing hardship waiver provisions to comply with State law; and approve Resolution No. 2022-065 establishing administrative fines for violations of the Chino Municipal Code Staff Report by: Michael Heroux, Deputy Director of Development Services.
RECOMMENDATION: 1) Conduct a public hearing; 2) approve the introduction of Ordin ance No. 2022-014 for first reading that will add Chapter 8.95 to the City of Chino Municipal Code (“CMC”) to clarify the City’s ban a gainst short term rental housing in the City, including the prohibition against advertising housing units within the City for use as short term rentals, proscribing penalties for violations of the City’s ban against short term rental housing, and amend Sec tions 1.15.080 and 1.15.090 of the CMC to implement infraction hardship waiver provisions to comply with State law, to be read by number and title only, and waive further reading of the Ordinance; and 3) adopt Resolution No. 2022 -065 establishing administr ative fines.
ORDINANCE NO. 2022-014
AN ORDINANCE OF THE CITY OF CHINO, CALIFORNIA, ADDING OR AMENDING PROVISIONS IN TITLES 8 and 1 OF THE CHINO MUNICIPAL CODE TO CLARIFY THE CITY’S PROHIBITION OF SHORT TERM RENTALS, PROSCRIBING PENALTIES FOR
VIOLATIONS OF SAID PROHIBITION, AND IMPLEMENTING FIRE HARDSHIP WAIVER
PROVISIONS TO COMPLY WITH RECENT STATE LAW
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12. Introduction of Ordinance No. 2022 -015 Amending Title 15 of the Chino Municipal Code .
Approve the introduction of an ordi nance adopting the 2022 California Building Code; Residential Code; Green Building Standards Code; Electrical Code; Plumbi ng and Mechanical Code; Building Energy Efficiency Standards and Fire Code.
Staff Report by: Michael Heroux, Deputy Director of Development Services.
RECOMMENDATION: Conduct a public hearing, and approve the introduction of Ordinance No. 2022-015, to be read by number and title only, and waive further reading of the Ordinance.
ORDINANCE NO. 2022-015
AN ORDINANCE OF THE CITY COUNCIL OF TH E CITY OF CHINO, CALIFORNIA, AMENDING TITLE 15 OF THE CHINO MUNICIPAL CODE (BUILDINGS AND CONSTRUCTION), ADOPTING THE CALIFORINA CODE OF REGULATIONS TITLE 24, INCLUDING THE 2022 EDITION OF THE CALIFORNIA BUILDING CODE, CALIFORNIA
RESIDENTIAL CODE, CALIFORN IA PLUMBING CODE, CALIFORNIA ELECTRICAL CODE,
CALIFORNIA MECHANICAL CODE, CALIFORNIA FIRE CODE, CALIFORNIA ENERGY
CODE, CA LIFORNIA GREEN BUILDING STANDARDS CODE, CALIFORNIA EXISITNG
BUILDING CODE, CALIFORNIA HISTORCIAL BUILDING CODE, CALIFORNIA REFERENCED STANDARDS CODE, AND THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE.
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13. State Street Water Treatment Project (WA212). Adopt Resolution 2022-075, adopting the Initial Study/Mitigated Negative Declaration for the State Street Water Treatment Facility.
Staff Report by: Maria Fraser, CIP Engineering Manager.
RECOMMENDATION: 1) Conduct a Public He aring and 2) adopt Resolution No. 2022 -075, adopting a Mitigated Negative Declaratio n for the State Street Water Treatment Facility (WA212).
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14. Annexation No. 7 of Territory into Existing Community Facilities District No. 20 03-3 Improvement Area 5 . Annexation No. 7 of Territory into Existing Community Facilities Dis trict No. 2003-3 Improvement Area 5
Staff Report by: Nadyne Lowry, Fiscal Services Manager.
RECOMMENDATION: 1) Conduct a Public Hearing; 2) adopt Resolution No 20 22-073 calling a special election for the purpose of approving an annexation into Improvement Area 5 of the Community Facilities District No. 2003 -3; and 3) adopt Resolution No. 2022 -074, declaring results of the special election.
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15. Permanent Local Housing Allocation (PLHA) Grant Funds from the State of California . Adopt Resolution No. 2022 -063 authorizing the application, acceptance, and appropriation of Permanent Local Housing Allocation (PLHA) Grant Funds and proposed Five-Year Plan.
Staff Report by: Traci Rossetti-Smith, Senior Management Analyst.
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OCTOBER 18, 2022 5
RECOMMENDATION: 1) Adopt Resolution No. 2022 -063, authorizing the submittal of a State Grant application for Permanent Local Housing Allocation (PLHA) Program; 2) Conduct a pub lic hearing to approve the proposed five -year plan; and 3) authorize the City Manager to execu te the necessary documents on behalf of the City.
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16. Community Development Block Grant Program . Substantial Amendment to the One -Year Annual CDBG Action Plan for FY 2022-2023
Staff Report by: Traci Rossetti-Smith, Senior Management Analyst.
RECOMMENDATION: 1) Adopt Resolution No. 2022-066 approving a substantial amendment to the City of Chino's Community Development Block Grant (CDBG ) Annual Action Plan for Fiscal Year 2022-2023; 2) reallocate $89,308.47 of unexpended prior year 350 funds to project PK183; 3) approve transfers in the amount of $460,289.47 of CDBG Funds from current projects (see detail below) to PK183; 4) approve the submission of the amendment to the United States Department of Housing and Urban Development ( HUD); and 5) authorize the City Manager to execute all required documents pertaining to the submission.
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NEW BUSINESS
17. Award of Contract and Additional Appropriation - Monte Vista Park Public Right of Way Project (PK183). A ward a contract in the amount of $1,282,500 to Los Angeles Engineering Inc., Covina, CA for the Monte Vista Park Public Right of Way Project (PK183).
Staff Report by: Keith Martinez, Assistant Project Coordinator.
RECOMMENDATION: 1) Award a construction co ntract in the amount of $1,282,500 to Los Angeles Engineering Inc., Covina, CA for the Monte Vista Park Public Right of Way Project (PK183); 2) authorize expendit ures of up to $128,250 for project construction contingencies for a not -to-exceed contract amo unt of $1,4140,750; 3) appropriate $109,492.32 from the unappropriated reserves of the Park Fund with a year -end transfer from the General Fund reserves, for a re vised project amount of $1,916,288.42; and 4) authorize the City Manager to execute all documents on behalf of the City.
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18. Request for Relief from the Provisions of Title 12 of the Municipal Code - 4231 Walnut Avenue (PL20-0065). Adopt Resolution No. 2022 -067 to approve a modification pursuant to Section
12.08.070 of the Chino Municipal Code, exempting the homeowner at 4231 Walnut Avenue from the requirement to construct public improvements along their frontage.
Staff Report by: Nicholas S. Liguori, AICP, Director of Development Services.
RECOMMENDATION: 1) Adopt Resolution No. 2022-067, approving a modification pursuant to Section 12.08.070 of the Chino Municipal Code, exempting the homeowner at 4231 Walnut Avenue from the requirement to construct public improvements along their frontage.
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19. Maintenance of Sewer Laterals . Approve the introduction of Ordinance No. 2022 -017, amending Section 13.12.150 of the Municipal Code regarding maintenance of sewer laterals.
Staff Report by: David McAbee, Public Works Services Manager.
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RECOMMENDATION: Approve the introduction of Ordinance No. 2022 -017, amending Section
13.12.150 of the Municipal Code regarding maintenance of sewer laterals, to be read by number and title only and waive further reading of the Ordinance.
ORDINANCE NO. 2022-017
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING SECTION 13.12.150 OF THE MUNICIPAL CODE REGARDING MAINTENANCE
OF SEWER LATERALS
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20. Citywide Legislative Policy . Adopt Resolution No. 2022 -071, approving a revised Citywide Legislative Policy and creating the Legislative Policy Committee.
Staff Report by: Jack Morgan, Assistant to the City Manager.
RECOMMENDATION: Adopt Resolution No. 2022 -071, approving a revised Citywide Legislative Policy and creating the Legislative Policy Committee and associated tasks, purpose, and procedures.
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21. Award of Contract - MS202 & ST223 - ADA Improvements and Madison Street Gap C losure.
Award a contract to EBS General Engineering, Inc., Corona, CA, in the amount of $297,008 for project MS202 & ST223 - ADA Grievance and Madison Street Gap Closure Staff Report by: Maria Fraser, CIP Engineering Manager.
RECOMMENDATION: 1) Award a co nstruction contract in the amount of $297,008 to EBS General Engineering, Inc., Corona, CA, for Project No. MS202 & ST223 ADA Improvements at Olive Place and Walnut and Madison at Kellogg Avenue Street Gap Closure; 2) authorize a construction contract cont ingency of $29,700 for a potential not -to-exceed contract amount of $326,708; 3) approve a Professional Services Agreement with GeoMat, Riverside, CA for Geotechnical services in the amount of $13,150, plus contingency for a tot al amount not -to- exceed $14,465; and 4) authorize the City Manager to execute the necessary documents on behalf of the City.
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22. Award of Contract - WA221 & WA222 Central Avenue & Dupont Waterline Replacement Project. Award a Contract to Mamco Inc., Pe rris CA, in the amount of $3,626,262 for project WA221 & WA222 - Central Avenue & Dupont Waterline Replacement Project Staff Report by: Maria Fraser, CIP Engineering Manager.
RECOMMENDATION: 1) Appropriate $2,400,000 from the una ppropriated reserves of the Water Enterprise Fund (520) with a corresponding increase to WA221 in the amount of $672,720.00 for a revised project budget of $2,272,720 and a budget increase to WA222 in the amount of $1,601 ,107.00 for a revised project budge t of $2,401,107; 2) award a construction contract in the amount of $3,626,262 to Mamco, Inc, Perris, CA for Project No. WA221 & WA222 Central Avenue and Dupont Waterline Replacement Project; 3) authorize expenditures of up to $362,626 for construction mana gement, $181,313 for inspection costs, and $362,626 for construction contingency; 4) approve a Professional Services Agreement with GeoMat, Riverside, CA for Geotechnical Professional Services for $47,350, plus contingenc y for an amount not -to-exceed$52,085; and 5) authorize the City Manager to execute the necessary documents on behalf of the City.
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MAYOR AND COUNCIL REPORTS
This is the time and place for the Mayor and Council Members to 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
The next Regular Meeting of the City Council will be held on Tuesday, Nove mber 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 Wednesday, October 12, 2022 this agenda was posted on the south window of Chino City Hall and this agenda together with all of the agenda reports and related documents were posted on the City’s website at www.cityofchino.org by myself or under my direction.
_______________________________________
Angela Robles, City Clerk.