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 RECAP
ROLL CALL
Mayor Eunice M. Ulloa, Mayor Pro Tem Marc Lucio, Council Member Karen C. Comstock, Council Member Christopher Flores, Council Member Walt Pocock.
PRESENT: Ulloa, Lucio, Comstock, Flores, Pocock (Arrived at 6:32 p.m.) ABSENT: None.
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 than five (5) minutes in which to address the Council, except as provided under Government Code 54954.3(b) (2).
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION
Section 54956.9.
Number of Cases: One Case.
FLAG SALUTE
CEREMONIALS
Proclamations
Lights on Afterschool Day - October 20, 2022.
REPORT OUT OF CLOSED SESSION
AGENDA ADDITIONS/REVISIONS
INFORMATION
Economic Development Report October 2022
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PUBLIC ANNOUNCEMENTS
PUBLIC COMMENTS
CONSENT CALENDAR
RESULT: Items No. 1-4 and 6-10 ADOPTED [UNANIMOUS]
MOVER: Marc Lucio, Mayor Pro Tem
SECONDER: Christopher Flores, Council Member
AYES: Ulloa, Lucio, Comstock, Flores, Pocock
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 CaPERS Retiree Pursuant to Government Code Sections 7522.56 and 21221(H). Adopt Resolution No. 2022-076 for the temporary appointment of a CaPERS 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. (Item 5 was moved to ITEMS PULLED FROM CONSENT CALENDAR)
6. Measure | 5-Year Capital Improvement Plan and Expenditure Strategy. Adopt Resolution No. 2022-069 approving the Measure | Local Street Pass-Through Funds Five-Year Capital Improvement Plan and Expenditure Strategy for Fiscal Year 2022- 2023 through Fiscal Year 2026-2027.
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 Benson 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 by C.S. Legacy Construction, Inc., Walnut, CA as complete.
10. Adoption and Second Reading of Ordinance No. 2022-016. Adopt Ordinance No. 2022- 016, amending Chapters 5.04, 5.20, and 5.24 of the Chino Municipal Code Regulating Business Licensing.
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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.
ITEMS PULLED FROM CONSENT CALENDAR
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. public improvements located on Merrill Avenue.
Staff Report by: Jesus Placentia, Assistant City Engineer RECOMMENDATION: 1) Approve a Public Improvement Agreement and securities with Euclid Land Venture, LLC for the construction of public improvements on Merrill Avenue associated with the Ontario Ranch Business Park project in the City of Ontario; and 2) authorize the City Manager to execute the necessary documents on behalf of the City.
RESULT: APPROVED [UNANIMOUS]
MOVER: Marc Lucio, Mayor Pro Tem
SECONDER: Christopher Flores, Council Member
AYES: Ulloa, Lucio, Comstock, Flores, Pocock
PUBLIC HEARING
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, proscribing 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 Ordinance 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 against 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 Sections 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 administrative fines.
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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 FINE
HARDSHIP WAIVER PROVISIONS TO COMPLY WITH RECENT STATE LAW RESULT: APPROVED [UNANIMOUS]
MOVER: Karen C. Comstock, Council Member
SECONDER: Marc Lucio, Mayor Pro Tem
AYES: Ulloa, Lucio, Comstock, Flores, Pocock
12. Introduction of Ordinance No. 2022-015 Amending Title 15 of the Chino Municipal Code.
Approve the introduction of an ordinance adopting the 2022 California Building Code; Residential Code; Green Building Standards Code; Electrical Code; Plumbing 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 THE CITY OF CHINO, CALIFORNIA, AMENDING TITLE 15 OF THE CHINO MUNICIPAL CODE (BUILDINGS AND
CONSTRUCTION), ADOPTING THE CALIFORNIA CODE OF REGULATIONS TITLE 24, INCLUDING THE 2022 EDITION OF THE CALIFORNIA BUILDING CODE,
CALIFORNIA RESIDENTIAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA
ELECTRICAL CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA FIRE CODE,
CALIFORNIA ENERGY CODE, CALIFORNIA GREEN BUILDING STANDARDS CODE
CALIFORNIA EXISTING BUILDING CODE, CALIFORNIA HISTORICAL BUILDING CODE, CALIFORNIA REFERENCED STANDARDS CODE, AND THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE.
RESULT: APPROVED [UNANIMOUS]
MOVER: Marc Lucio, Mayor Pro Tem
SECONDER: Walt Pocock, Council Member
AYES: Ulloa, Lucio, Comstock, Flores, Pocock
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.
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OCTOBER 18, 2022 5
075, adopting a Mitigated Negative Declaration or he State Street Water Treatmen Facility (WA212).
RESULT: APPROVED [UNANIMOUS]
MOVER: Karen C. Comstock, Council Member
SECONDER: Christopher Flores, Council Member
AYES: Ulloa, Lucio, Comstock, Flores, Pocock
14. Annexation No. 7 of Territory into Existing Community Facilities District No. 2003-3 Improvement Area 5. Annexation No. 7 of Territory into Existing Community Facilities District No. 2003-3 Improvement Area 5.
Staff Report by: Nadyne Lowry, Fiscal Services Manager.
RECOMMENDATION: 1) Conduct a Public Hearing; 2) adopt Resolution No 2022-073 calling a special election for the purpose of approving an annexation into Improvement Area 5 of the Community Facilities District No. 2003-3.
RESULT: APPROVED [UNANIMOUS]
MOVER: Christopher Flores, Council Member
SECONDER: Karen C. Comstock, Council Member
AYES: Ulloa, Lucio, Comstock, Flores, Pocock
RECOMMENDATION: 3) adopt Resolution No. 2022-074, declaring results of the special election.
RESULT: APPROVED [UNANIMOUS]
MOVER: Christopher Flores, Council Member
SECONDER: Marc Lucio, Mayor Pro Tem
AYES: Ulloa, Lucio, Comstock, Flores, Pocock
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.
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 public hearing to approve the proposed five-year plan; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.
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RESULT: APPROVED [UNANIMOUS]
MOVER: Christopher Flores, Council Member
SECONDER: Marc Lucio, Mayor Pro Tem
AYES: Ulloa, Lucio, Comstock, Flores, Pocock
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.
RESULT: APPROVED [UNANIMOUS]
MOVER: Marc Lucio, Mayor Pro Tem
SECONDER: Walt Pocock, Council Member
AYES: Ulloa, Lucio, Comstock, Flores, Pocock
NEW BUSINESS
17. Award of Contract and Additional Appropriation - Monte Vista Park Public Right of Way Project (PK183). Award 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 Staff Report by: Keith Martinez, Assistant Project Coordinator.
RECOMMENDATION: 1) Award a construction 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); 2) authorize expenditures of up to $128,250 for project construction contingencies for a not-to-exceed contract amount of $1,4140,750 $1,410,750; 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 revised 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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RESULT: APPROVED [UNANIMOUS]
MOVER: Christopher Flores, Council Member
SECONDER: Marc Lucio, Mayor Pro Tem
AYES: Ulloa, Lucio, Comstock, Flores, Pocock
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.
RESULT: APPROVED [UNANIMOUS]
MOVER: Marc Lucio, Mayor Pro Tem
SECONDER: Christopher Flores, Council Member
AYES: Ulloa, Lucio, Comstock, Flores, Pocock
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.
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
RESULT: APPROVED [UNANIMOUS]
MOVER: Marc Lucio, Mayor Pro Tem
SECONDER: Walt Pocock, Council Member
AYES: Ulloa, Lucio, Comstock, Flores, Pocock
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.
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RECOMMENDATION: Adopt Resolution No. 2022-071, approving a revised Citywide Legislative Policy and creating the Legislative Policy Committee and it associated tasks, purpose, and procedures.
RESULT: APPROVED [UNANIMOUS]
MOVER: Marc Lucio, Mayor Pro Tem
SECONDER: Christopher Flores, Council Member
AYES: Ulloa, Lucio, Comstock, Flores, Pocock
21. Award of Contract - MS202 & ST223 - ADA Improvements and Madison Street Gap Closure. 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 construction 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 contingency 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 total amount not-to-exceed $14,465; and 4) authorize the City Manager to execute the necessary documents on behalf of the City.
RESULT: APPROVED [UNANIMOUS]
MOVER: Christopher Flores, Council Member
SECONDER: Karen C. Comstock, Council Member
AYES: Ulloa, Lucio, Comstock, Flores, Pocock
22. Award of Contract - WA221 & WA222 Central Avenue & Dupont Waterline Replacement Project. Award a Contract to Mamco Inc., Perris 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 unappropriated 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 budget 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 management, $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 contingency 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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RESULT: APPROVED [UNANIMOUS]
MOVER: Christopher Flores, Council Member
SECONDER: Walt Pocock, Council Member
AYES: Ulloa, Lucio, Comstock, Flores, Pocock
MAYOR AND COUNCIL REPORTS
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.
ADJOURNED IN MEMORY OF LIZ AGUERRE AND DR. BRUCE LENSCH The next Regular Meeting of the City Council will be held on Tuesday, November 1, 2022 at 7:00 p.m. (Closed Session at 6:00 p.m. if necessary) in these Council Chambers.