CHINO CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
REGULAR MEETING - CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY FEBRUARY 7, 2023
CLOSED SESSION - 6:00 PM
OPEN SESSION - 7:00 PM
MINUTES
CALL TO ORDER
The February 7, 2023, 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 Karen C. Comstock, Council Member Curtis Burton, Council Member Christopher Flores, Council Member Marc Lucio.
ABSENT: None
CLOSED SESSION PUBLIC COMMENTS
There were no requests to speak.
CLOSED SESSION
City Attorney Fred Galante read into the record the items listed on the Closed Session agenda.
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Paragraph (4) of Subdivision (d) of Government Code Section 54956.9.
Number of Cases: One Case.
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION.
Pursuant to Paragraph (1) of Subdivision (d) of Government Code Section 54956.9:
Chino Basin Municipal Water District v. City of Chino, et al. (Case No. RCVRS 51010).
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION.
Pursuant to Government Code Section 54956.9(d)(1):
City of Chino v. Jianyun Wang, et al. (San Bernardino County Superior Court Case No. CIVSB2108062).
4. LIABILITY CLAIMS.
Pursuant to Section 54956.95:
Claimant: Stubbie Barr
Agency claimed against: City of Chino
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The City Council recessed to Closed Session at 6:02 p.m.
The City Council concluded Closed Session at 7:03 p.m. and reconvened the regular meeting at 7:06 p.m.
FLAG SALUTE
Council Member Flores led the assembly in reciting the Pledge of Allegiance.
CEREMONIALS
Presentations
Mayor Ulloa recognized Malin's Pool & Patio Supply as February 2023 Business of the Month.
Also presented was an acknowledgement from Senator Susan Rubio. Larry, Lynn, and Jennifer from Malin's Pool & Patio Supply were present to accept the award.
Mayor Ulloa recognized the February 2023 Mayor's Home Beautification Award recipient Marie Jaureguy who was present to accept the award
REPORT OUT OF CLOSED SESSION
City Attorney Fred Galante announced the City Council will adjourn back into Closed Session after the Regular Meeting and reported out of closed session as follows:
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Paragraph (4) of Subdivision (d) of Government Code Section 54956.9.
Number of Cases: One Case.
Closed session item #1 was not discussed.
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION.
Pursuant to Paragraph (1) of Subdivision (d) of Government Code Section 54956.9:
Chino Basin Municipal Water District v. City of Chino, et al. (Case No. RCVRS 51010).
The City Council was briefed by Attorney Jimmy Gutierrez and voted to proceed with an appeal to Judge Ochoa's order authorizing the Chino Basin Watermaster's budget action to fund CEQA review.
Moved by Council Member Lucio, seconded by Mayor Pro Tem Comstock, and carried on a 5-0 vote to approve the authorization for Attorney Jimmy Gutierrez to proceed with an appeal to Judge Ochoa's order that authorized the Watermaster's budget action to fund CEQA review.
AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.
NOES: NONE.
ABSENT: NONE.
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d) (1):
City of Chino v. Jianyun Wang, et al. (San Bernardino County Superior Court Case No. CIVSB2108062).
The City Council received a briefing from Attorney Matt Silver and no reportable action was taken.
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4. LIABILITY CLAIMS.
Pursuant to Section 54956.95:
Claimant: Stubbie Barr
Agency claimed against: City of Chino
Closed session item #4 was not discussed.
AGENDA ADDITIONS/REVISIONS
City Manager Linda Reich reported there were no changes to the agenda.
INFORMATION
Mayor Ulloa announced the Economic Development Report for January 2023 is included in the agenda packet for review.
PUBLIC ANNOUNCEMENTS
Mayor Ulloa issued a reminder about the following scheduled community events and holiday • The MLB Pitch, Hit & Run is taking place on Saturday, February 25, at Ayala Park, Fields 1 and 2, from 9:00 a.m.-2:00 p.m. This is a free event for young athletes ages 7 to 14 to show off their baseball skills by competing in three areas: pitching, hitting, and running.
For more information, please call 909-334-3260.
• The Chino Youth Museum's DairyAire 5K and Fun Run is taking place on Saturday, March 4, at Ayala Park near the Ayala Park Operations Center. The Kids Fun Run will begin at 8:00 a.m., and the 5K Run will begin at 8:15 a.m. Registration is required, and those who register on or before February 25 will receive a $5 discount. For more information, please call the Children's Youth Museum at 909-334-3270.
• City Hall will be closed on Monday, February 20 in observance of President's Day. City Hall will reopen the following day at its regular operating hours of 7:30 a.m. to 5:30 p.m.
Mayor Ulloa announced we will sadly be adjourning in the memory of Alvin Gerritsen. Alvin was a longtime Chino resident and businessowner. On behalf of the City Council, Mayor Ulloa extended thoughts and prayers to the Gerritsen family during this very difficult time.
PUBLIC COMMENTS
David Bustamante of Calvary Chapel Chino Valley provided the Invocation.
Julia Cabrera, Chino Valley Chamber of Commerce provided an update on upcoming events and programs.
Melissa Compani from San Bernardino County Supervisor Curt Hagman's Office shared about an upcoming document shredding event in Montclair for District 4 San Bernardino County residents and announced the next document shredding event in June will be in Chino.
Laura Brantley, Communications Director from California Senator Susan Rubio's Office, introduced herself and provided an introduction of the Senator's office.
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Diane Boudreaux requested the City Council advocate for the State to not close the California Institution for Men yard in Chino where she currently works due to important resources being provided at the location.
George Rogers, resident of Chino, spoke regarding concerns of noise from barking dogs at the Chino Hills Animal Hospital located near his residence.
CONSENT CALENDAR
1. Warrants. Approve expenses as audited and within budget for warrants 763780 to 763945, Electronic Fund Transfers 516641E to 516723E, totaling $3,217,666.57.
2. Minutes. Special Meeting of December 13, 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. Annual Adoption of City of Chino and Successor Agency Investment Policy. Adopt City Resolution No. 2023-008 and Successor Agency Resolution No. 2023-001 containing the City of Chino and Successor Agency Statement of Investment Policy.
5. Acceptance of Additional Public Improvements Constructed but Inadvertently Omitted from Prior Agenda for The Lewis Companies. City Council acceptance of additional public improvements constructed but inadvertently omitted from prior agenda for The Lewis Companies.
6. Officer Wellness and Mental Health Grant Funds Appropriation. Accept and approve the use of the grant funds in the amount of $77,931.18 for the identified expenditure areas of the Officer Wellness and Mental Health Grant.
7. Award of Contract - Police Department Evidence Storage Room Rolling Shelf Project (IB234).
Award a construction contract in the amount of $83,400.64 to McMurray Stern, Inc.-Spacesaver Corporation, Santa Fe Springs, CA for the Police Department Evidence Storage Room-Rolling Shelf Project (IB234).
8. Award of Contract - Central Plant Cooling Tower Replacement Project (IB238). Award a contract in the amount of $50,022 to CE Mechanical, Inc., Chino, CA for the Central Plant Cooling Tower Replacement project (IB238).
Move vote ta approve ConSent talendar tem by Council Member Flores, and carried on AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.
NOES: NONE.
ABSENT: NONE.
PUBLIC HEARING
9. Annexation to the Landscape and Lighting District for the Chino Hills Animal Hospital Addition Project - 3415 Chino Avenue (PL18-0106). Approve Resolution No. 2023-007 ordering the annexation of PL18-0106 into the Landscape and Lighting District No. 2002-1 (Annexation/Zone No. 89) located at 3415 Chino Avenue.
Mayor Ulloa opened the public hearing.
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Jesus Plasencia, Assistant City Engineer provided a report on the item.
Mayor Ulloa inquired about the use of the addition and Mr. Plasencia shared it was for an expansion to the veterinary hospital services structure portion of the facility.
Hearing no request to speak, Mayor Ulloa closed the public hearing.
Moved by Council Member Lucio, seconded by Council Member Flores, and carried on a 5-0 vote to 1) Conduct a public hearing; 2) approve Resolution No. 2023-007 ordering the annexation of Landscape and Lighting District No. 2002-1 (Annexation/Zone No. 89); and 3) authorize the City Manager to execute the necessary documents on behalf of the City.
AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.
NOES: NONE.
ABSENT: NONE.
NEW BUSINESS
10. Approval of an Agreement with Pollak, Vida, & Barer. Approve an agreement with Pollak, Vida, & Barer, Los Angeles, CA in the amount of $40,000 to appeal the denial of the 2022 Motion Challenging Watermaster's Budget Action to Fund CEQA reviews.
Dave Crosley, Utilities Engineering & Operations Manager provided a report on the item.
Moved by Mayor Pro Tem Comstock, seconded by Council Member Flores, and carried on a 5-0 vote to 1) appropriate $40,000 from the unappropriated reserves of the Water Fund; 2) approve an agreement with Pollak, Vida, & Barer, Los Angeles, CA in an amount not to exceed $40,000; 3) authorize the City Manager to execute all documents on behalf of the AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.
NOES: NONE.
ABSENT: NONE.
11. Amendment to the City's Classification and Salary Schedule. Adopt Resolution No. 2023-012, reclassifying the part-time Management Assistant position to a full-time Management Assistant position and creating the position of Records Technician in the Administration Department.
Debbie Pacheco, Senior Management Analyst provided a report on the item.
Council Member Lucio expressed support for the position changes.
Moved by Council Member Lucio, seconded by Council Member Burton, and carried on a 5-0 vote to 1) adopt Resolution No. 2023-012, reclassifying the part-time Management Assistant position in the Administration Department to a full-time Management Assistant position and creating the position of Records Technician; 2) appropriate $48,852 from the reserves of the General Fund for salaries; and 3) appropriate $19,541 from the reserves of the Employee Services Fund for benefits.
AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.
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NOES: NONE.
ABSENT: NONE.
12. Amendment to the City's Classification and Salary Schedule. Adopt Resolution No. 2023-011, amending the City's Classification and Salary Schedule to provide for the reinstatement of Deputy Director positions in each City Department.
Debbie Pacheco, Senior Management Analyst provided a report on the item.
Council Member Burton asked if two Police Captains will be maintained if one of the two current Captains are promoted to a Deputy Chief position. Chief Simmons confirmed the second Captain position would be filled again as a request in the second year of the upcoming two-year budget.
Mayor Pro Tem Comstock inquired about the history of the Deputy positions and expressed support for the re-instatement of the Deputy positions and noted the importance of succession planning. Ms. Pacheco and City Manager Reich discussed the history regarding the Deputy positions in the past.
Council Member Lucio discussed the importance of having succession plans for the City.
Moved by Council Member Burton, seconded by Mayor Pro Tem Comstock, and carried on a 5-0 vote to adopt Resolution No. 2023-011, amending the City's Classification and Salary Schedule to provide for the reinstatement of Deputy Director positions in each City Department.
AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.
NOES: NONE.
ABSENT: NONE.
13. Introduction of Ordinance No. 2023-002. Approve the introduction of Ordinance No. 2023-002, an Ordinance of the City of Chino Amending Chapter 2.24.070 of the Chino Municipal Code - Personnel System.
Debbie Pacheco, Senior Management Analyst provided a report on the item.
City Attorney Fred Galante read the title of the Ordinance into the record by title only and waiving further reading of the Ordinance:
ORDINANCE NO. 2023-002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO AMENDING CHAPTER
2.24 OF THE CHINO MUNICIPAL CODE-- PERSONNEL SYSTEM
Moved by Mayor Pro Tem Comstock, seconded by Council Member Lucio, and carried on a 5-0 vote to approve the introduction of Ordinance No. 2023-002, an Ordinance of the City of Chino Amending Chapter 2.24.070 of the Chino Municipal Code - Personnel System - Exempt Services.
AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.
NOES: NONE.
ABSENT: NONE.
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14. Adopt Resolution No. 2023-009. Adopt Resolution No. 2023-009, supporting legislation to begin the process to acquire the Heman G. Stark Youth Correctional Facility.
Jack Morgan, Assistant to the City Manager provided a report on the item.
City Council members provided comments in support of the resolution and potential future uses for the location.
City Attorney Galante referenced the removal of the reference to "or lease" in the Resolution.
Moved by Council Member Flores, seconded by Council Member Burton, and carried on a 5-0 vote to adopt Resolution No. 2023-009, supporting legislation to begin the negotiating process to acquire the former Heman G. Stark Youth Correctional Facility.
AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.
NOES: NONE.
ABSENT: NONE.
MAYOR AND COUNCIL REPORTS
Mayor Ulloa
15. Approval of a Letters and Proclamation. Approval of letters to the San Bernardino County Superior Court and the City's state legislators as well as a City Council Proclamation to the Riverside County Board of Supervisors,
Eunice M. Ulloa, Mayor provided a report on the item.
Moved by Council Member Flores, seconded by Council Member Burton, and carried on a 5-0 vote to approve letters to the San Bernardino County Superior Court requesting the resignation of San Bernardino County Superior Court Judge, Cara Hutson, a letter to our state legislators, and approve a City Council Proclamation to the Riverside County Board of Supervisors.
AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.
NOES: NONE.
ABSENT: NONE.
Mayor Ulloa reported on the following meetings and events attended since the last meeting that included Omnitrans Plans and Programs Committee; Chino Valley Champion ribbon cutting and open house; Water Facilities Authority Board of Directions; 91/71 Flyover ribbon cutting; Inland Empire Utilities Agency reception for new Metropolitan Water District Board President Don Ortega; San Bernardino County Transportation Authority Housing Zoom meeting; Planning Commission application interview; meeting with SBCTA, Supervisor Hagman, Chino Hills Council Member Marquez, and City staff to discuss transportation updates and funding resources; Planning Commission interviews; City of Chino Sphere of Influence and Annexation Open House; Jerry Bornstein regarding the Trama Reboot program for those who suffer from PTSD rebootrecovery.com; Ribbon Cutting of new Inland Valley Humane Society veterinary hospital; 19th Annual Inland Empire Caucus Legislative Breakfast; Southern California Water Coalition Quarterly Luncheon; celebration of life for Alvin Gerritsen; Planning Commission interviews; League of California Cities New Council Member and Mayor's training; and the 22nd Annual Run for Russ; and follow up Planning Commissioner interviews.
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FEBRUARY 7, 2023 8
Mayor Pro Tem Comstock.
16. Community Support Contribution. Approve community support fund contribution to the Chino High School Wrestling Program (Chino High School Sports Boosters).
Mayor Pro Tem Comstock provided a report on the item.
Moved by Council Member Flores, seconded by Council Member Lucio, and carried on a 5-0 vote to approve community support fund contribution to the Chino High School Wrestling Program (Chino High School Sports Boosters) ($250).
AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.
NOES: NONE.
ABSENT: NONE.
Mayor Pro Tem Comstock reported on the following meetings and events attended since the last meeting that included City Manager meeting; Community Services Commission meeting; vehicle storage meeting with City Staff; Ramona Ave/Francis Avenue Annexation meeting; introduction meeting with Senator Susan Rubio; meeting with City Manager; League of California Cities New Council Member and Mayor's training; and Closed session.
Mayor Pro Tem Comstock acknowledged February as Black History Month. She also acknowledged the Run for Russ event, which she was unfortunately unable to attend this year, and thanked everyone for their work.
Council Member Burton
17. Community Support Contribution. Approve community support fund contributions to: The Chino Police Officers Foundation, Chino Kiwanis Club, Chino American Little League, and Chino National Little League.
Council Member Burton provided a report on the item.
Moved by Council Member Flores, seconded by Mayor Pro Tem Comstock, and carried on a 5-0 vote to approve community support fund contributions to: Chino Police Officers Foundation for the Run for Russ 5K/Walk ($250), the Chino Kiwanis Club for the Cornfeed Run Car Show and Cruise ($250), Chino American Little League ($500), and Chino National Little League ($500).
AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.
NOES: NONE.
ABSENT: NONE.
Council Member Burton reported on the following meetings and events attended since the last meeting that included the Chino Valley Champion Ribbon Cutting; 71/91 Project Groundbreaking; Investment Advisory Committee; Chino valley Unified School District Board Meeting; Planning Commission Interviews; City Manager meeting; Inland Empire Utilities Agency reception for new Metropolitan Water District Board President Don Ortega; Community Services Commission Meeting; Grand Opening and Ribbon Cutting of First Bank; Community Meeting at East Sarang Community Church; Chino Valley Historical Society meeting; League of California Cities New Council Member and Mayor's training; Run for Russ; Meet and Greet with San Bernardino County Supervisor Curt Hagman; and City Manager meeting.
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Council Member Flores
18. Community Support Contribution. Approve community support fund contributions to: Cub Scout Pack 205, Chino National Little League, Chino American Little League, and Chino Girls Fast- Council Member Flores provided a report on the item.
Moved by Mayor Pro Tem Comstock, seconded by Council Member Lucio, and carried on a 5-0 vote to approve community support fund contributions to: Cub Scout Pack 205 ($50, Chin National Little League ($500), Chino American Little League ($500), and Chino Girls Fast-pitch ($500).
AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.
NOES: NONE.
ABSENT: NONE.
Council Member Flores reported on the following meetings and events attended since the last meeting that included the Chino Valley Champion Ribbon Cutting; 71/91 Project Groundbreaking; Investment Advisory Committee; Inland Empire Utilities Agency reception for new Metropolitan Water District Board President Don Ortega; Chamber of Commerce Board Meeting; First Bank Grand Opening; Love Them All Foundation fundraising event; League of California Cities New Council Member and Mayor's training; and tour of KVCR tour with San Bernardino Community College District and new Executive Director Connie Leyva.
Council Member Flores thanked Mr. Rogers for providing public comment tonight.
Council Member Flores requested staff research and return with a report for Council consideration on the possibility of a utility box wrapping program to promote a positive city image.
Council Member Lucio
19. Community Support Contribution. Approve community support fund contributions to: The Chino High School Wrestling Program, Chino Boxing Club, Chino National Little League, Chino Neighborhood House, and UCHOOZ Positive Youth.
Council Member Lucio provided a report on the item.
Moved by Council Member Burton, seconded by Mayor Pro Tem Comstock, and carried on a 5-0 vote to approve community support fund contributions to: Chino High School Wrestling Program ($1,000), Chino Boxing Club ($1,000), Chino National Little League ($500), Chino Neighborhood House ($500), and UCHOOZ Positive Youth ($500).
AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.
NOES: NONE.
ABSENT: NONE.
Council Member Lucio reported on the following meetings and events attended since the last meeting that included Inland Empire Utilities Agency reception for new Metropolitan Water District Board President Don Ortega; City Manager meeting; truck and van storage meeting; City Manager meeting; and League of California Cities New Council Member and Mayor's training.
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City Manager's Report
City Manager Reich provided information on the upcoming Chino Days event taking place on March 18-19, 2023 at the City Hall Lawn.
City Attorney's Report
City Attorney Galante had no report
Police Chief's Report
Chief Simmons thanked the Council for their letters of support issued for Riverside County Sherifts, spoke regarding the Run for Russ, invited everyone to the Kawanis Club Bunco Bash on February 4'h to support the Chino Youth Museum, and reported on a successful commercial vehicle enforcement on Edison.
Fire Chief's Report
Deputy Fire Chief Dean Smith reported on the January calls for services, provided an update on ambulance services, and provided an update on planning for Fire Station 68.
CLOSED SESSION
The City Council recessed back into Closed Session at 8:47 p.m.
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.
4. LIABILITY CLAIMS
Pursuant to Section 54956.95:
Claimant: Stubbie Barr
Agency claimed against: City of Chino
The City Council concluded Closed Session at 9:47 p.m.
REPORT OUT OF CLOSED SESSION
City Attorney Fred Galante reported out of closed session as follows:
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Paragraph (4) of Subdivision (d) of Government Code Section 54956.9.
Number of Cases: One Case.
The City Council received an update, provided direction, and no reportable action was taken.
4. LIABILITY CLAIMS.
Pursuant to Section 54956.95:
Claimant: Stubbie Barr
Agency claimed against: City of Chino
The City Council received an update, and no reportable action was taken.
CHINO CITY COUNCIL
FEBRUARY 7, 2023
ADJOURNED IN MEMORY OF ALVIN GERRITSEN
The meeting adjourned at 9:48 p.m. The next Regular Meeting of the City Council will be held on Tuesday, February 21, 2023 at 7:00 p.m. (Closed Session at 6:00 p.m. if necessary) in these Council Chambers.
APPROVED AND ADOPTED THIS 4* DAY OF APRIL 2023.
EUNICE M. ULLOA, MAYOR
ATTEST:
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NATÁLIE GONZAGA, CITY CLERK
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(These minutes are not official until signed.)