Agenda packet — Chino City Council, March 7, 2023

Those persons wishing to speak on any item included on the agenda, or on any matter within the subject matter jurisdiction of the City Council, are invited fill out and submit to the City Clerk a “Request to Speak” form (name and address optional) whic h is available at the entrance to the City Council Chambers.

Additionally, members of the public may submit electr onic inquiries or comments by submitting emails to [email protected]
If you require a reasonable accommodation to participate in this meeting per your rights under the Americans with Disabilities Act or for any other reason, please contact the City Clerk’s Office (909) 334 -3306, at least 48 hours prior to the advertised starting time of the meeting.

Any documents produced by the City and distributed to a majority of the City Council regarding any item on this agenda will be made available in the City Clerk’s Office during normal business hours at City Hall located at 13220 Central Avenue, C hino. In addition, such documents will be posted on the City’s website at www.cityofchino.org.

CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
REGULAR MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY MARCH 7, 2023

CLOSED SESSION – 6:00 PM
OPEN SESSION – 7:00 PM

AGENDA

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

CLOSED SESSION PUBLIC COMMENTS
This is the time and place for the general public to address the C ity 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, exce pt as provided under Government Code 54954.3(b)(2).

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION.

Pursuant to Paragraph (1) of Subdivision (d) of Government Code Section 54956.9:

Martin Rodriguez v. City of Chino, et al. (Case No. CIVSB2123400).

2. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Paragraph (2 or 3) of Subdivision (d) of Government Code Section 54956.9:

No. of cases: One

3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: City Attorney Pursuant to Government Code Section 54957

CHINO CITY COUNCIL
MARCH 7, 2023 2

FLAG SALUTE

CEREMONIALS
Proclamations
Academy of Nutrition and Dietetics: National Nutrition Month - March 2023 Presentations
Recognition of Chino Valley Chamber o f Commerce for Western Association of Chamber Executives (W.A.C.E.) Awards and Upskill Chino Program Update March 2023 Business of the Month Award - Los Portales Mexican Grill & Seafood Mayor's Home Beautification Award March 2023

REPORT OUT OF CLOSED SESSION

AGENDA ADDITIONS/REVISIONS

INFORMATION
Legislative Policy Committee - Monitored Legislation

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 C ity Council about subjects that do not appear elsewhere on the agenda. Due to Council policy and Brown Act requirements, action will not be taken on any issues not on the Agenda. Ordinance No. 97 - 08 (Chino Municipal Code Section 2.04.090) limits speakers to no more than five (5) minutes in which to address Council, except as provided under Government Code 54954.3(b)(2).

CONSENT CALENDAR
At th is time, members of the public may present testimony as to why an item should be removed from the Consent Calendar for separate discussion. Unless a member of the public or City Council requests that an item be removed from the Consent Calendar, all items will be acted upon as a whole and by one vote. Items placed on the Consent Calendar represent routine expenditures and/or actions that support ongoing City operations.

1. Warrants. Approve expenses as audited and within budget for warrants 764128 to 764309, and Electronic Fund Transfers 516784E to 516876E, totaling $3,714,834.89.

2. Minutes. January 17, 2023 Regular Meeting (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.

CHINO CITY COUNCIL
MARCH 7, 2023 3

4. Adoption of Ordinance No. 2023-001 - Zone Ordinance Amendment (Second Reading). Adopt Ordinance No. 2023-001, adopting amendments to Title 20 (Zoning) of the Chino Municipal Code consisting of modifications and additions to several chapters.

ORDINANCE NO. 2023-001

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING SELECTED PROVISIONS OF THE ZONING CODE (TITLE 20 OF THE MUNICIPAL CODE) OF THE CITY OF CHINO. PL22-0101 (ZONE ORDINANCE AMENDMENT).

5. Adoption of Ordinance No. 2023-003 - Towing Service Regulations (Second Reading). Adopt Ordinance No. 2023-003, amending Chapter 5.36 of the Chino Municipal Code relating to Towing Service Regulations.

ORDINANCE NO. 2023-003

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA AMENDING CHAPTER 5.36 (TOWING SERVICE REGULATIONS) OF THE CHINO MUNICIPAL CODE

6. Adoption of Ordinance No. 2023-004 - Claims Against the City (Second Reading). Adopt Ordinance No. 2023-004, an Ordinance of the City of Chino Amending Section 3.80.020 of the Chino Municipal Code - Claims Against the City - Delegation of Authority (Second Reading).

ORDINANCE NO. 2023-004

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA AMENDING SECTION 3.80.020 OF THE CHINO MUNICIPAL CODE-CLAIMS AGAINST THE CITY OF CHINO

7. Approval of Tolling Agreement with Inland Empire Utilities Agency. Approval of Tolling Agreement with Inland Empire Utilities Agency

8. Vendor Cap Increase - Proforce Marketing Inc. Approve a vendor cap increase of $25,000 for ProForce Marketing Inc.

9. Notice of Completion: D4215 - Watertight Sewer Manhole Assembly Retrofit Project. Accept Project No. D4215 Watertight Sewer Manhole Assembly Retrofit and Streetlight Connections Retrofit Project (D4215) as complete and authorize the Director of Public Works to file the Notice of Completion.

10. Approve Contract Amendment: HR Green Pacific, Inc. - Project WA224. Approve a contract amendment for HR Green Pacific, Inc., Corona, CA for a contract increase of $70,958 and contingency increase of $7,096.

M _____ S _____ RC _____

NEW BUSINESS

11. Introduction of Ordinance No. 2023-006 - City Council Meeting Start Time. Approve the introduction of Ordinance No. 2023-006 to change the start time of regular City Council meetings to 6:00 p.m. and Closed Session to no sooner than 4:00 p.m.

Staff Report by: Fred Galante, City Attorney.

RECOMMENDATION: Approve the introduction of Ordinance No. 2023-006, to change the start time of regular City Council meetings to 6:00 p.m. and Closed Session to no sooner than 4:00 p.m., to be read by title only and waiving further reading of the Ordinance.

ORDINANCE NO. 2023-006

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING CHAPTERS 2.04 (CITY COUNCIL) OF THE CHINO MUNICIPAL CODE CONCERNING THE

REGULAR MEETING TIME FOR THE CITY COUNCIL
M _____ S _____ RC _____

CHINO CITY COUNCIL
MARCH 7, 2023 4

12. Award of Contract - WA19C - Eastside Water Treatment Plant Paving Project. Award a contract to Mission Paving and Sealing, Inc., Irwindale, CA, in the amount of $89,798.00 for Eastside Water Treatment Plant Paving Project.

Staff Report by: Natalie Avila, Associate Engineer.

RECOMMENDATION: 1) Award a construction contract in the amount of $89,798 to Mission Paving & Sealing, Inc., Irwindale, CA, for Project No. WA19C Eastside Water Treatment Plant Paving Project; 2) authorize expenditures up to $8,980 for construction contingency, for a total contract amount not-to-exceed $98,778; 3) authorize expenditures up to $8,980 for construction management and $4,490 for inspection costs, for a total project cost not to exceed $112,248; and 4) authorize the City Manager to execute the necessary documents on behalf of the City.

M _____ S _____ RC _____

13. Approve Construction Contract Increase - C.P. Construction Co Inc. (SD200). Appropriate $380,980 from the Storm Drain Fund and approve contract increase to Contract No. 2022-063 for C.P. Construction Co Inc.

Staff Report by: Maria Fraser, CIP Engineering Manager.

RECOMMENDATION: 1) Appropriate $380,980.00 from the unappropriated reserves of the Storm Drain Fund with a corresponding increase to the Benson Avenue Storm Drain Project (SD200) for a revised project budget of $2,608,958.13; 2) approve a contract increase in the amount of $284,137.62 for a revised total contract amount not-to-exceed $2,317,438.62 with C.P. Construction Co., Inc., Santa Fe Springs, CA (Contract No. 2022-063) for SD200 - Benson Avenue Storm Drain Project; and 2) authorize the City Manager to execute all necessary documents on behalf of the City.

M _____ S _____ RC _____

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

14. Planning Commission Appointment. Approve the appointment of Joanna Chavez to the Planning Commission.

Staff Report by: Mayor Ulloa.

RECOMMENDATION: Approve the appointment of Joanna Chavez to the Planning Commission for a term ending January 1, 2024.

M _____ S _____ RC _____
Mayor Pro Tem Comstock
Council Member Burton
Council Member Flores
Council Member Lucio

CHINO CITY COUNCIL
MARCH 7, 2023 5
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, March 21, 2023 at 7:00 p.m. (Closed Session at 6:00 p.m. if necessary) in these Council Chambers.

I, Natalie Gonzaga, City Clerk of the City of Chino, hereby declare that on Wednesday, March 1, 2023 this agenda was posted on the south window of Chino City Hall and this agenda together with all of the agenda reports and related documents were posted on the City’s website at www.cityofchino.org by myself or under my direction.

_______________________________________
Natalie Gonzaga, City Clerk.

5.a
National Nutrition Month - March 2023
Packet Pg. 6

DATE: March 7, 2023
TO: Mayor and City Council Members
FROM: Legislative Policy Committee
SUBJECT: Monitored Legislation

Friday, February 17, 2023 was the deadline for bills to be introduced in the California Legislature. In total, over 2,700 bills were introduced. These bills will be referred to the appropriate committees as they move through the respective house of origin. All bills will need to pass the floor of the house of origin by June 2, 2023 to move on to the second house.

To help narrow the focus on bills pertinent to Chino, the Legislative Policy Committee (LPC) h as focused on bills promoted by our legislators as well as bills that generally focu s on housing/development and public safety.

Although early in the legislative process, provided with this memorandum are bills the LPC discussed and reviewed at its February 22, 2023 meeting. The LPC and staff will continue to monitor these bills and provide the City Council updates as they move through the legislative committees.

The text to each bill has been gathered from the California State Legislature website. The black text focuses on existing law while the red and italicized text details what th e proposed bill intends to achieve.

Attachment: List of Monitored Legislation.

M E M O R A N D U M
City of Chino
Legislative Policy
Committee

8.a
Monitored Legislation
Packet Pg. 7
Assembly
Bill (AB) |
Senate
Bill (SB)
Number
Author Title and Proposed Change to Law
AB 40 Assembly
Member
Rodriguez
Emergency medical services:

Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, creates the Emergency Medical Services Authority, which is responsible for the coordination of various state activities concerning emergency medical services. Among other duties, existing law requires the authority to develop planning and implementation guidelines for EMS systems, provide technical assistance to existing agencies, counties, and cities for the purpose of developing the components of EMS systems, and receive plans for the implementation of EMS and trauma care systems from local EMS agencies.

Existing law makes a violation of the act or regulations adopted pursuant to the act punishable as a misdemeanor.

This bill would require the authority to develop an electronic signature for use between the emergency department medical personnel at a receiving facility and the transporting emergency medical personnel that captures the points in time when the hospital receives notification of ambulance arrival and when transfer of care is executed for documentation of ambulance patient offload time, as defined. The bill would require the authority to develop a statewide standard of 20 minutes, 90% of the time, for ambulance patient offload time. The bill would also require the authority to develop an audit tool to improve data accuracy regarding transfer of care, as specified, and to provide technical assistance and funding as needed, subject to an appropriation, for small rural hospitals and volunteer EMS providers to implement these provisions. The bill would require the authority to adopt emergency regulations to implement these provisions on or before March 1, 2024. Because the bill would create new requirements within the act, thereby expanding the scope of an existing crime, the bill would impose a state-mandated local program.

Existing law, the Warren-911-Emergency Assistance Act, requires each local public agency within its respective jurisdiction to establish a basic system that automatically connects a person dialing 911 to an established public safety answering point through normal telephone service facilities.

This bill would require the Emergency Services Medical Authority, on or before March 1, 2024, to develop a public education campaign related to the use of the 911 service and other tools for access to care. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

AB 55 Assembly
Member
Rodriguez
Emergency Medical Services:
(1) Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low- income individuals receive health care services, including emergency medical transportation services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law requires, with exceptions, that the reimbursement to emergency medical transport providers for emergency medical transports, as defined, be increased by application of an add-on to the associated Medi-Cal fee-for-service payment schedule. Existing law requires that the add-on increase be calculated on or before June 15, 2018, and remain the same for later state fiscal years, to the extent the department determines federal financial participation is available and is not otherwise jeopardized. Under existing law, the resulting fee-for-service payment schedule amounts are equal to the sum of the Medi-Cal fee-for-service payment schedule amount for the 2015–16 state fiscal year and the add-on increase.

This bill would set the Medi-Cal fee-for-service reimbursement rate for emergency medical transports at $350 per transport. Under the bill, the resulting fee-for- service payment schedule amounts would instead be equal to the sum of the Medi-Cal fee-for-service payment schedule amount, based on the $350 rate, and

8.b
Monitored Legislation
Packet Pg. 8
the add-on increase. Under existing law, the increased payments under the add-on provisions are funded solely from a quality assurance fee (QAF), which emergency medical transport providers are required to pay based on a specified formula, and from federal reimbursement and any other related federal funds.

This bill would specify that the $350 reimbursement rate would not affect the calculation of the QAF rate, and that the calculation of the QAF rate would be based on the methodology and reimbursement rate in effect as of January 1, 2023.

Existing law authorizes the Director of Health Care Services to modify or make adjustments to any methodology or fee amount under these provisions to the extent necessary to meet federal requirements or to obtain federal approval.

If a modification or adjustment is needed to meet federal requirements or to obtain federal approval, this bill would require the director to recalculate and reduce the add-on amount as necessary, and would prohibit the director from reducing the $350 reimbursement rate. (2) Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act (act), establishes the Emergency Medical Services Authority, which is responsible for the coordination of various state activities concerning emergency medical services (EMS). The act authorizes a county to develop an EMS program by designating a local EMS agency. The act requires the medical director of a local EMS agency to issue a certificate to, or recertify, an individual as an Emergency Medical Technician-I (EMT-I) or Emergency Medical Technician-II (EMT-II), upon proof that the individual has met specified training and other requirements. The act sets forth various provisions relating to public or private EMS providers that employ an EMT-I, EMT-II, or other EMS personnel. Existing law makes a violation of the act a misdemeanor.

This bill would, for the compensation of an EMT-I or EMT-II employed by an EMS provider, as defined, require the EMS provider to set the compensation in an amount that is no lower than the prevailing wage for an EMT-I or EMT-II, respectively, within the corresponding EMS area, defined as the geographical area within the jurisdiction of the designated local EMS agency. The bill would define “prevailing wage” as the basic hourly rate of wages and benefits paid to a majority of EMT-I, or EMT-II, as applicable, employed within an EMS area of a local EMS agency.

The bill would require each local EMS agency to determine the prevailing wage of an EMT-I or EMT-II within the agency’s EMS area, and to annually update its calculation, pursuant to guidance on the methodology and formula that the authority would be required to develop for these purposes.

By creating new duties for public EMS providers, and by expanding the scope of a crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

AB 97 Assembly
Member
Rodriguez
Firearms: unserialized firearms:

Existing federal law requires a commercially produced firearm to be etched or otherwise inscribed by the manufacturer with a unique serial number. Existing state law prohibits the alteration, removal, or obliteration of that serial number. A violation of this prohibition is punishable as a felony. Existing law also prohibits the transfer or possession of a firearm with a serial number that has been altered, removed, or obliterated. A violation of this prohibition is punishable as a misdemeanor. Existing law requires a person, other than a licensed manufacturer, who assembles or manufactures a firearm, or any person who possesses an unserialized firearm, to obtain a unique serial number from the Department of Justice and to inscribe that serial number on the firearm, as specified. A violation of this requirement is punishable as a misdemeanor.

This bill would make the possession of an unserialized firearm or possession of a firearm with an altered, removed, or obliterated serial number punishable as a felony. By increasing the punishment for these crimes, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

8.b
Monitored Legislation
Packet Pg. 9
AB 250 Assembly
Member
Rodriguez
State Route 83: reduction:

Existing law vests the Department of Transportation with full possession and control of all state highways. Existing law describes the authorized routes in the state highway system and establishes a process for adoption of a highway on an authorized route by the California Transportation Commission. Existing law authorizes the commission to relinquish to local agencies state highway segments that have been deleted from the state highway system by legislative enactment or have been superseded by relocation, and in certain other cases. Existing law designates State Route 83 from Route 71 to Route 10 near the City of Upland. Existing law authorizes the commission to relinquish to the City of Ontario all or a portion of State Route 83 within the city’s jurisdiction and prescribes conditions that apply upon relinquishment. This bill would authorize the commission to additionally relinquish to the City of Chino all or a portion of State Route 83 within the city’s jurisdiction and prescribe conditions that apply upon relinquishment.

AB 474 Assembly
Member
Rodriguez,
(Coauthor:

Assembly
Member Waldron)
State Threat Assessment Center: transnational criminal organizations:

Existing law, the California Emergency Services Act, creates, within the office of the Governor, the Office of Emergency Services, which is responsible for addressing natural, technological, or human-caused disasters and emergencies, including responsibility for activities necessary to prevent, respond to, recover from, and mitigate the effects of emergencies and disasters to people and property.

This bill would find and declare that the State Threat Assessment Center (STAC) serves as California’s information-sharing clearinghouse of strategic threat analysis and situational awareness reporting for statewide leadership and the public safety community, as specified, and that the STAC is California’s state primary fusion center, as designated by the Governor, and is operated by the Department of the California Highway Patrol, the Office of Emergency Services, and the Department of Justice. The bill would make other findings and declarations related to drug trafficking and transnational criminal organizations. The bill would require the STAC and the Office of Emergency Services to prioritize, to the greatest extent possible, cooperation with state and local efforts to illuminate, disrupt, degrade, and dismantle criminal networks trafficking opioid drugs that pose a threat to California. The bill would require the STAC to support state and local interagency task forces to combat illegal opioid trafficking in California, as specified, including preparing and disseminating intelligence products for public safety entities.

AB 1505 Assembly
Member
Rodriguez,
(Coauthors:

Assembly
Members Juan
Carrillo, Holden,
Schiavo, and
Wood)
Seismic retrofitting: soft story multifamily housing:

Existing law establishes the California Earthquake Authority, administered under the authority of the Insurance Commissioner and governed by a 3-member board, to transact insurance in this state as necessary to sell policies of basic residential earthquake insurance. Under existing law, the California Residential Mitigation Program, also known as the CRMP, is a joint powers authority created in 2012 by agreement between the California Earthquake Authority and the Office of Emergency Services. Existing law establishes the Seismic Retrofitting Program for Soft Story Multifamily Housing for the purposes of providing financial assistance to owners of soft story multifamily housing for seismic retrofitting to protect individuals living in multifamily housing that have been determined to be at risk of collapse in earthquakes, as specified. Existing law also establishes the Seismic Retrofitting Program for Soft Story Multifamily Housing Fund, and its subsidiary account, the Seismic Retrofitting Account, within the State Treasury. Existing law provides that the Legislature will appropriate $250,000,000 from the General Fund in the 2023–24 Budget Act to the Seismic Retrofitting Program for Soft Story Multifamily Housing Fund for the purposes of carrying out the program. Existing law requires the CRMP to develop and administer the program, as specified. Existing law makes these provisions inoperative on July 1, 2042, and repeals them as of January 1, 2043. This bill would, instead, appropriate $250,000,000 from the General Fund to the CRMP for the purpose of implementing the Seismic Retrofitting Program for Soft Story Multifamily Housing. This bill would declare that it is to take effect immediately as an urgency statute.

8.b
Monitored Legislation
Packet Pg. 10
AB 1303 Assembly
Member
Rodriguez
California Emergency Services Act: disaster preparedness:

Existing law, the California Emergency Services Act, establishes the Office of Emergency Services, which is responsible for the state’s emergency and disaster response services for natural, technological, or human-induced disasters and emergencies, including responsibility for activities necessary to prevent, respond to, recover from, and mitigate the effects of emergencies and disasters on people and property. Under existing law, the Office of Emergency Services, in coordination with all interested state agencies with designated response roles in the state emergency plan and interested local emergency management agencies, is required to jointly establish by regulation a standardized emergency management system for use by all emergency response agencies.

This bill would require the California State Warning Center, within the Office of Emergency Services, to develop a process for private-sector fuel transporters to voluntarily share information, as specified, for the purpose of providing fuel to local and state public-safety agencies actively involved in responding to or recovering from a disaster.

AB 335 Assembly
Member Alanis
(Coauthor
Senator
Alvarado-Gil)
Proposition 47: repeal:

The Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, made various changes relating to theft and the possession of controlled substances, including by, among other things, generally reducing the penalty for those crimes, including reducing the penalty for possession of concentrated cannabis, establishing a procedure by which individuals convicted of those crimes prior to the passage of the act may petition for resentencing under the act, and creating the crime of shoplifting. The act also requires the Director of Finance to calculate the savings accruing to the state as a result of the implementation of the act and requires the Controller to transfer that sum from the General Fund to the Safe Neighborhoods and Schools Fund, which was created by the act. The act specifies the manner of distribution of those funds and the purposes for which they may be used.

This bill would repeal the changes and additions made by Proposition 47, except those related to reducing the penalty for possession of concentrated cannabis.

This bill would provide that it would become effective only upon approval of the voters, and would provide for the submission of this measure to the voters for approval at the next statewide general election.

SB 316 State Senators
Niello and Ochoa
Bogh,
(Coauthors:

Senators Jones,
Nguyen, Seyarto,
and Wilk)
Shoplifting: increased penalties for prior crimes:

Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors in the November 4, 2014, statewide general election, makes the theft of property that does not exceed $950 in value petty theft and makes that crime punishable as a misdemeanor, with certain exceptions. The initiative statute defines shoplifting as entering a commercial establishment with the intent to commit larceny while that establishment is open during regular hours, where the value of the property that is taken or intended to be taken does not exceed $950. The initiative statute requires that shoplifting be punished as a misdemeanor. Existing law, as amended by Proposition 47, provides that a registered sex offender or a person with a prior conviction for certain serious or violent felonies, such as a sexually violent offense, who commits petty theft is subject to imprisonment in the county jail for up to one year or in the state prison for 16 months or 2 or 3 years. This bill would reinstate a provision of law that was repealed by Proposition 47 that provides that a person who has been convicted 3 or more times of petty theft, grand theft, or other specified crimes and who is subsequently convicted of petty theft is subject to imprisonment in a county jail not exceeding one year or in a county jail for 18 months or 2 or 3 years. The bill would also make this provision and the provision relating to a person with serious, violent, or sexual prior offenses applicable to a person whose prior or current conviction is for shoplifting. This bill would require the Secretary of State to place the provisions of the bill that amend the initiative statute on the ballot for the November 5, 2024, statewide general election.

8.b
Monitored Legislation
Packet Pg. 11
SB 4 State Senator
Wiener, (Principal
coauthors:

Assembly
Members
McKinnor and
Wicks),
(Coauthors:

Senators Becker,
Cortese,
Eggman,
Gonzalez,
Menjivar, and
Skinner),
(Coauthors:

Assembly
Members
Alvarez,
Friedman,
Gabriel, Quirk-
Silva, and Ward)
Planning and zoning: housing development: higher education institutions and religious institutions:

The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for its physical development, and the development of certain lands outside its boundaries, that includes, among other mandatory elements, a housing element. That law allows a development proponent to submit an application for a development that is subject to a specified streamlined, ministerial approval process not subject to a conditional use permit, if the development satisfies certain objective planning standards. Existing law, the Zenovich-Moscone-Chacon Housing and Home Finance Act, establishes the California Tax Credit Allocation Committee within the Department of Housing and Community Development. Existing law requires the committee to allocate state low-income housing tax credits in conformity with state and federal law that establishes a maximum rent that may be charged to a tenant for a project unit constructed using low-income housing tax credits. This bill would require that a housing development project be a use by right upon the request of an applicant who submits an application for streamlined approval, on any land owned by an independent institution of higher education or religious institution on or before January 1, 2024, if the development satisfies specified criteria, including that the development is not adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use. The bill would define various terms for these purposes. Among other things, the bill would require that 100% of the units, exclusive of manager units, in a housing development project eligible for approval as a use by right under these provisions be affordable to lower income households, except that 20% of the units may be for moderate-income households and 5% of the units may be for staff of the independent institution of higher education or the religions institution that owns the land, provided that the units affordable to lower income households are offered at affordable rent, as set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee, or affordable housing cost, as specified. The bill would authorize the development to include ancillary uses on the ground floor of the development, as specified. This bill would specify that a housing development project that is eligible for approval as a use by right under the bill is also eligible for a density bonus or other incentives or concessions, except as specified. The bill would require a development subject to these provisions to provide off-street parking of up to one space per unit, unless a local ordinance provides for a lower standard of parking, in which case the ordinance applies.

The bill would prohibit a local government from imposing any parking requirement on a development subject to these provisions if the development is located within one-half mile walking distance of public transit, either a high-quality transit corridor or a major transit stop, as those terms are defined, or it is within one block of a car share vehicle. This bill would require a local government that determines a proposed development is in conflict with any objective planning standards, as specified, to provide the developer with written documentation explaining those conflicts under a specified timeframe. The bill would provide that the development shall be deemed to satisfy the required objective planning standards if the local government fails to provide the requisite documentation explaining any conflicts. The bill would authorize a local government to conduct a design review, as described, only if the design review focuses on compliance with the requisite criteria of a streamlined, ministerial review process. The bill would prohibit a local government from using a design review, as specified, from inhibiting, chilling, or precluding a streamlined, ministerial approval. The bill would require a local government to issue a subsequent permit for developments approved under the provisions of this act. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA does not apply to the ministerial approval of projects. This bill, by requiring approval of certain development projects as a use by right, would expand the exemption for ministerial approval of projects under CEQA. By adding to the duties of local planning officials with respect to approving certain development projects, this bill would impose a state-mandated local program.

8.b
Monitored Legislation
Packet Pg. 12
SB 423 State Senator
Wiener, (Principal
coauthor:

Assembly
Member Wicks),
(Coauthor:

Assembly
Member
Grayson)
Land use: streamlined housing approvals: multifamily housing developments:

Existing law, the Planning and Zoning Law, authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit, if the development satisfies specified objective planning standards, including, among others, that the development proponent has committed to record, prior to the issuance of the first building permit, a land use restriction or covenant providing that any lower or moderate-income housing units required, as specified, remain available at affordable housing costs, as defined, or rent to persons and families of lower or moderate-income for no less than specified periods of time. Existing law repeals these provisions on January 1, 2026.This bill would authorize the Department of General Services to act in the place of a locality or local government, at the discretion of that department, for purposes of the ministerial, streamlined review for development on property owned by or leased to the state. The bill would delete the January 1, 2026, repeal date, thereby making these provisions operative indefinitely. This bill would modify the above-described objective planning standards, including by deleting the standard that prohibits a multifamily housing development from being subject to the streamlined, ministerial approval process if the development is located in a coastal zone, and by providing an alternative definition for “affordable housing costs” for a development that dedicates 100% of units, exclusive of a manager’s unit or units, to lower income households. The bill would, among other modifications, delete the objective planning standards requiring development proponents to pay at least the general prevailing rate of per diem wages and utilize a skilled and trained workforce and would instead require a development proponent to certify to the local government that certain wage and labor standards will be met, including a requirement that all construction workers be paid at least the general prevailing rate of wages, as specified. The bill would require the Labor Commissioner to enforce the obligation to pay prevailing wages. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would specify that the requirements to pay prevailing wages, use a workforce participating in an apprenticeship, or provide health care expenditures do not apply to a project that consists of 10 or fewer units and is not otherwise a public work. This bill would define “objective planning standards” to exclude specified standards, including local building codes, fire codes, other codes requiring detailed technical specifications, and standards that are not reasonably ascertainable by the local government within specified time limits, as described.

Existing law requires a local government to approve a development if the local government determines the development is consistent with the objective planning standards. Existing law requires, if the local government determines a submitted development is in conflict with any of the objective planning standards, the local government to provide the development proponent written documentation of the standards the development conflicts with and an explanation for the conflict within certain timelines depending on the size of the development. Existing law, the Housing Accountability Act, prohibits a local agency from disapproving a housing development project, as described, unless it makes specified written findings.

This bill would instead require approval if a local government’s planning director or any equivalent local government staff, including all relevant planning and permitting departments, determines the development is consistent with the objective planning standards. The bill would make conforming changes. The bill would prohibit a local government from requiring a development proponent to provide consultant studies, as described, or other studies or materials that are unnecessary to ascertain consistency with the objective planning standards. The bill would, for purposes of these provisions, establish that the total number of units in a development includes (1) all projects developed on a site, regardless of when those developments occur, and (2) all projects developed on sites adjacent to a site developed pursuant to these provisions if, after January 1, 2023, the adjacent site had been subdivided from the site developed pursuant to these provisions.

Existing law authorizes the local government’s planning commission or any equivalent board or commission responsible for review and approval of development projects, or as otherwise specified, to conduct any design review or public oversight of the development.

This bill would remove the above-described authorization to conduct public oversight of the development and would only authorize design review to be conducted by the local government’s planning commission or any equivalent board or commission responsible for design review.

By imposing additional duties on local officials, the bill would impose a state-mandated local program.

8.b
Monitored Legislation
Packet Pg. 13
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

This bill would provide that no reimbursement is required by this act for specified reasons.

AB 257 Assembly
Member Hoover,
(Coauthors:

Assembly
Members Flora,
Gallagher, and
Sanchez)
Encampments: penalties:

Under existing law, a person who lodges in a public or private place without permission is guilty of disorderly conduct, a misdemeanor. Existing law also provides that a person who willfully and maliciously obstructs the free movement of any person on any street, sidewalk, or other public place is guilty of a misdemeanor.

This bill would prohibit a person from camping, as defined, in a street, sidewalk, or other public property within 500 feet of a school, daycare center, playground, or youth center. The bill would make a violation of the prohibition an infraction or a misdemeanor. By imposing criminal penalties for a violation of these provisions, this bill would impose a state-mandated local program.

Existing law establishes procedures of diversion for specified defendants through which the court is authorized to grant pretrial diversion which, contingent on successful completion of specified terms and conditions imposed by the court, results in the dismissal of charges prior to adjudication.

This bill would authorize a defendant who is being prosecuted for a misdemeanor for camping in a street, sidewalk, or other public property within 500 feet of a school, daycare center, playground, or youth center to be eligible for a diversion program, including, but not limited to, the Diversion of Individuals with Mental Disorders and the Court Initiated Misdemeanor Diversion, as specified.

AB 367 Assembly
Member
Maienschein
Controlled substances: enhancements:

Existing law imposes an additional and consecutive 3- or 5-year term in the state prison on a person who personally inflicts great bodily injury on a person in the commission of a felony, as specified.

This bill would state that, for purposes of the enhancement, a person inflicts great bodily injury when they sell, furnish, administer, or give away a controlled substance and the person to whom the substance was sold, furnished, administered, or given suffers a significant or substantial physical injury from using the substance. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.

AB 797 Assembly
Member Weber
Local government: police review boards:

Existing law requires each department or agency in this state that employs peace officers to establish a procedure to investigate complaints by members of the public against the personnel of these departments or agencies, and to make a written description of this procedure available to the public. Existing law also requires each department or agency to keep and maintain records of complaints and investigations, as specified.

This bill would express the intent of the Legislature to enact legislation requiring the governing body of each city and county to create and maintain independent, community-based boards to conduct independent investigations of citizen complaints against peace officers.

8.b
Monitored Legislation
Packet Pg. 14
SB 31 State Senator
Jones, (Principal
coauthor: Senator
Grove),
(Coauthors:

Senators Dahle,
Nguyen, Niello,
Ochoa Bogh,
Seyarto, and
Wilk)
Encampments: sensitive areas: penalties:

Under existing law, a public nuisance is anything that is injurious to health, or is indecent or offensive to the senses, so as to interfere with the comfortable enjoyment of life or property by an entire community, neighborhood, or considerable number of persons. Existing law provides various remedies against a public nuisance, including abatement by any public body or officer authorized by law.

This bill would prohibit a person from sitting, lying, sleeping, or storing, using, maintaining, or placing personal property upon any street, sidewalk, or other public right-of-way within 1000 feet of a sensitive area, as defined. The bill would specify that a violation of this prohibition is a public nuisance that can be abated and prevented, as provided. The bill would also provide that a violation of the prohibition may be charged as a misdemeanor or an infraction, at the discretion of the prosecutor. The bill would prohibit a person from being found in violation of the bill’s provisions unless provided notice, at least 72 hours before commencement of any enforcement action, as provided. By imposing criminal penalties for a violation of these provisions, this bill would impose a state-mandated local program.

SB 55 State Senator
Umberg
Vehicles: catalytic converters:

Existing law licenses and regulates motor vehicle dealers and retailers. Existing law prohibits a motor vehicle dealer or retailer from selling any motor vehicle that is not in compliance with the requirements enumerated in the Vehicle Code.

This bill would prohibit a dealer or retailer from selling a new motor vehicle equipped with a catalytic converter unless the catalytic converter has been engraved or etched with the vehicle identification number of the vehicle to which it is attached. A violation of this provision would be punishable as an infraction.

By creating a new infraction, this bill would impose a state-mandated local program.

SB 229 State Senator
Umberg
Surplus land: disposal of property: violations: public meeting:

Existing law prescribes requirements for the disposal of land determined to be surplus land by a local agency. Those requirements include a requirement that a local agency, before disposing of a property or participating in negotiations to dispose of that property with a prospective transferee, send a written notice of availability of the property to specified entities, depending on the property’s intended use, and send specified information in regard to the disposal of the parcel of surplus land to the Department of Housing and Community Development. Existing law, among other enforcement provisions, makes a local agency that disposes of land in violation of these disposal provisions, after receiving notification of violation from the department, liable for a penalty of 30% of the final sale price of the land sold in violation for a first violation and 50% for any subsequent violation. Under existing law, except as specified, a local agency has 60 days to cure or correct an alleged violation before an enforcement action may be brought.

This bill would require a local agency that has received a notification of violation from the department to hold an open and public session to review and consider the substance of the notice of violation. The bill would require the local agency’s governing body to provide prescribed notice no later than 14 days before the public session. The bill would prohibit the local agency’s governing body from taking final action to ratify or approve the proposed disposal until a public session is held as required. By imposing new duties on local agencies, the bill would impose a state-mandated local program.

8.b
Monitored Legislation
Packet Pg. 15
The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

This bill would provide that no reimbursement is required by this act for a specified reason SB 240 State Senator
Ochoa Bogh,
(Coauthors:

Senators Dahle,
Jones, and
Nguyen)
Surplus state real property:

Existing law authorizes the Department of General Services to dispose of surplus state real property, as defined, as authorized by the Legislature, upon any terms and conditions and subject to any reservations and exceptions the department deems to be in the best interests of the state. Existing law requires the department to first offer surplus state real property to a local agency, as defined, and then to nonprofit affordable housing sponsors, as defined, prior to being offered for sale to private entities or individuals. Existing law requires a local agency or nonprofit affordable housing sponsor to satisfy certain requirements to be considered as a potential priority buyer of the surplus state real property, including that the local agency or nonprofit affordable housing sponsor demonstrate, to the satisfaction of the department, that the surplus state real property, or portion of that surplus state real property, is to be used by the local agency or nonprofit affordable housing sponsor for open space, public parks, affordable housing projects, or development of local government-owned facilities. Existing law authorizes the department to sell surplus state real property, or a portion of surplus state real property, to a local agency, or to a nonprofit affordable housing sponsor if no local agency is interested in the surplus state real property, for affordable housing projects at a sales price less than fair market value if the department determines that such a discount will enable the provision of housing for persons and families of low or moderate income. Existing law also authorizes the Director of General Services to transfer surplus state real property to a local agency for less than fair market value if the agency uses the surplus state real property for parks or open-space purposes.

This bill would remove authorization for a local agency or nonprofit affordable housing sponsor to be considered as a potential priority buyer of surplus state real property upon demonstration that the property is to be used by the agency or sponsor for open space or a public park. The bill would, where surplus state real property that is to be used by the local agency or nonprofit affordable housing sponsor for affordable housing projects and the affordable housing project is not completed within 5 years of the date the property was acquired by the local agency or nonprofit affordable housing sponsor, require the local agency or nonprofit affordable housing sponsor to pay a penalty in the amount of 1% of the purchase price. The bill would remove authorization to transfer surplus state real property to a local agency for less than fair market value if the agency proposes to use the surplus state real property for parks or open-space purposes.

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA does not apply to the approval of ministerial projects.

This bill would provide that development of surplus state real property by a local agency or nonprofit affordable housing sponsor for affordable housing purposes is by right, making the development ministerial in nature and exempt from CEQA requirements.

8.b
Monitored Legislation
Packet Pg. 16
SB 536 State Senator
Rubio
Surplus state real property: Heman G. Stark Youth Correctional Facility:

Existing law requires a state agency to review all proprietary state lands under its jurisdiction, as specified, to determine what land is in excess of its needs, and to report on these lands to the Department of General Services . Existing law prescribes a process for the disposition of surplus state property.

This bill would authorize the Director of General Services to sell or lease property, of an unspecified acreage, known as the California Department of Corrections and Rehabilitation Heman G. Stark Youth Correctional Facility, located in the City of Chino, in the County of San Bernardino, to the City of Chino at fair market value upon terms and conditions the director determines are in the best interests of the state.

This bill would require that the proceeds of the sale or lease be expended on bond payments, as specified, and other costs, including costs for the review of the sale of the property and bond counsel. The bill would authorize the director, notwithstanding those provisions, to sell the property below fair market value for purposes of providing housing to persons and families of low or moderate income, subject to reporting specified information 30 days before the sale to the chairpersons of the fiscal committees of the Legislature. This bill would exempt the sale of the property from the California Environmental Quality Act. The bill would require the net proceeds of the sale to be deposited into the Special Fund for Economic Uncertainties, a continuously appropriated fund. By authorizing the deposit of proceeds into a continuously appropriated fund, the bill would make an appropriation.

8.b
Monitored Legislation
Packet Pg. 17

Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

FINANCE DEPARTMENT

COUNCIL MEETING DATE: MARCH 7, 2023

TO: LINDA REICH, CITY MANAGER

FROM: ROB BURNS, DIRECTOR OF FINANCE

SUBJECT: WARRANTS.

RECOMMENDATION
Approve expenses as audited and within budget for warrants 764128 to 764309, and Electronic Fund Transfers 516784E to 516876E, totaling $3,714,834.89.

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

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

The recommendation detailed above further s the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:

• Financial Stability

11.1 CONSENT CALENDAR
Packet Pg. 18
COUNCIL MEETING DATE: MARCH 7, 2023
SUBJECT: WARRANTS
PAGE 2

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

NO. WARRANTS DATE FY AMOUNT

1. 764128 – 764224 2/2/23 22-23 $595,111.65

2. 764225 – 764309 2/9/23 22-23 $936,385.41

3. 516784E – 516828E 2/3/23 22-23 $1,839,779.00

4. 516829E – 516876E 2/10/23 22-23 $343,558.83

E: Electronic Fund Transfers

TOTAL $3,714,834.89

ISSUES/ANALYSIS

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

RB:hm

Attachment: Exhibit 1

11.1 CONSENT CALENDAR
Packet Pg. 19
Council Meeting 3/7/23

CITY OF CHINO
A/P Warrant Register Over $50,000

Check
Number
Check Date Vendor Name Description Amount
516799 02/03/2023 FISHER SCIENTIFIC CO. LLC CITY CONSIDERATION - 10/1/22-12/31/22 $621,796.21 516808 INLAND EMPIRE UTILITIES AGENCY NON-RECLAIMABLE WASTEWATER $989,807.29 516827 YUNEX LLC CITYWIDE TRAFFIC SIGNAL MAINTENANCE $66,405.53 764209 02/02/2023 SO CAL EDISON CO SERVICE PERIOD 09/29/22-01/11/23 $134,409.76 764222 WASTE MANAGEMENT COLLECTION SERVICES $98,971.45 764224 Z & K CONSULTANTS, INC. CONSTRUCTION SERVICES-CDBG ALLEY

PROJECT
$87,306.00
764238 02/09/2023 BONADIMAN WATER, INC STORM DRAIN REHAB PROJECT $157,985.00 764239 CALIAGUA, INC. PERMANENT LIFT STATION $81,187.24 764253 DYETT & BHATIA, URBAN & REGIONAL

PLANNERS
GENERAL PLAN UPDATE $62,892.88
764254 KDC, INC. EDISON AVE. TRAFFIC SIGNAL

MODIFICATIONS
$82,646.33
764267 HARDY & HARPER, INC. AS NEEDED PAVEMENT REMOVAL & REPAIR
$62,721.00
764297 SO CAL EDISON CO SERVICE PERIOD 12/30-01/30 $139,288.08 516842 02/10/2023 ENGINEERING RESOURCES OF SOUTHERN
CA, INC.

ENGINEERING PLAN CHECK SERVICES $116,037.38
516855 INLAND EMPIRE UTILITIES AGENCY RECYCLED WATER $134,726.11

14 TOTAL $2,836,180.26

11.1.a
Warrants
Packet Pg. 20

CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
REGULAR MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710

TUESDAY JANUARY 17, 2023

OPEN SESSION – 7:00 PM

MINUTES

CALL TO ORDER
The January 17, 2023 , Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 7:09 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

FLAG SALUTE
Mayor Pro Tem Comstock led the assembly in reciting the Pledge of Allegiance.

CEREMONIALS
Presentations
Mayor Ulloa recognized the members and coaches of the Chino Pop Warner Tiny Might's Boys Football Team for a successful season in the Mt. Baldy League.

Mayor Ulloa recognized Riverside Grill & Bar as January 2023 Business of the Month. Riverside Grill owners Rodrigo and Alonso Avila accepted the award.

INFORMATION
Jack Morgan, Assistant to the City Manager introduced consultant Jason Gonsalves of Gonsalves and Son, who provided a State of California Legislative review and update.

AGENDA ADDITIONS/REVISIONS
City Manager Linda Reich reported Item No. 4 will be pulled for the Consent Calendar and returned to staff.

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

11.2 CONSENT CALENDAR
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CHINO CITY COUNCIL
JANUARY 17, 2023 2

• The Annual Run for Russ Memorial 5K Run and Community Walk is taking place on Saturday, February 4th starting at the corner of Chino Avenue and Central Avenue. Check-in begins at 7 a.m. with the 5K and Walk starting at 8:00 a.m. This event honors the life of Chino Police Officer, Russ Miller who was tragically struck and killed by a drunk driver in the line of duty on February 1, 2000. Visit https://www.runforruss.com to register. • The Household Hazardous Waste Collection program is taking place on Saturday, February 11, 2023 from 8:00 a. m. to 1:00 p.m. at the Public Works Services Yard , 5050 Schaefer Avenue. For more information, please call 909-334-3266.

Mayor Ulloa sadly announced we will be adjourning the meeting in the memory of Riverside County Sheriff Deputy Darnell Calhoun who was killed in the line of duty on Friday, January 13 while responding to a domestic violence and child custody call just outside Lake Elsinore. On behalf of the City Council, Mayor Ulloa extended prayers to the Calhoun family during this very difficult time and shared to anyone wishing to donate to the Calhoun family can visit helpahero.com/campaign/deputy- darnell-calhoun.

PUBLIC COMMENTS
Chaplain Henry Aguilar, Jr. of Chino Valley Fire District provided the Invocation.

Elizabeth Skrzat, General Manager of Chino Basin Water Conservation District, shared a presentation and invitation for the February 16, 2023 Groundwater Basin & Sustainability Tour.

Aaron Kelliher of the Chino Police Officers Association thanked Council and Staff for their support and approval of the mid-contract modifications for the various police department labor agreements.

Sonja Shaw, Chino V alley Unified School District President, announced she is the school district liaison to the City of Chino, thanked the City Council and first responders, and encouraged input on the naming of the new school in The Preserve.

Lea Peters en, Southern California Gas Company , provided information regarding customer assistance related to the recent substantial increase in gas bills due to the increased price of natural gas. Information can be found at www.socalgas.com or by calling 1-800-427-2200.

Melissa Compani from San Bernardino County Supervisor Curt Hagman’s Office shared about business of the quarter nominations and the upcoming homeless point in time count.

Daphne Lezo Duran , Field R epresentative from Assemblymember Freddie Rodrigues ’ Office, provided an introduction and her contact information.

CONSENT CALENDAR

1. Warrants. Approve expenses as audited and wit hin budget for warrants 763528 to 763779 and Electronic Fund Transfers 516522E to 516640E, totaling $8,922,399.36.

2. Acknowledgement of Assignment - Owen Group Limited Partnership. Approve Acknowledgment of Assignment for On-Call Agreement No. 2020-094 with Owen Group.

3. Notice of Completion - WA225 Ayala Park Recycled Water Project.. Accept the WA225 - Ayala Park Recycled Water Project as complete and authorize the Director of Public Works to file the Notice of Completion.

4. Approval of Addendum No. 1 to Settlement Agreement with Lennar Homes . Approval of Addendum No. 1 to Settlement Agreement with Lennar Homes for required accessibility improvements. (Item pulled from Consent Calendar and returned to staff)

11.2 CONSENT CALENDAR
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CHINO CITY COUNCIL
JANUARY 17, 2023 3

5. Acceptance of Additional Public Improvements re SCE Multi-Use Easement Trails. City Council acceptance of additional public improvements constructed by the Lewis Companies regarding the SCE Multi-Use Easement Trails; and Additional Public Improvements Previously Constructed but Inadvertently Omitted from Prior Agenda for Lennar Homes, Richmond American Homes, KB Homes, and the Lewis Companies.

Moved by Council Member Lucio, seconded by Council Member Flores, and carried on a 5-0 vote to approve Consent Calendar Items 1-3 and 5.

AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.

NOES: NONE.

ABSENT: NONE.

ITEMS PULLED FROM CONSENT CALENDAR

4. Approval of Addendum No. 1 to Settlement Agreement with Lennar Homes . Approval of Addendum No. 1 to Settlement Agreement with Lennar Homes for required accessibility improvements.

No action taken. Item pulled and returned to staff.

PUBLIC HEARING

6. Establishment of a Residential Parking Permit Area within the Parkside V illage Community .

Conduct a Public Hearing regarding the establishment of Permit Parking within the Parkside Village Community.

Mayor Ulloa opened the public hearing.

Dennis Ralls, City Traffic Engineer, provided a presentation on the item outlining the history and details regarding establishment of the residential permit parking in the Parkside Village Community.

Mr. Ralls shared two email comments of non-support were received from Alejandra Castillo and Sandra Renata Lopez Gonzalez. The emails were provided to the City Council for review.

Residents of Parkside Village Community provided public comment in support of the establishment of parking permits in the Parkside Village Community. There was a consensus shared by speakers Bryon Aceto, Alison Meyers, Denise Wyrick, Angel Medina, Jo Reynolds, Chris Alvarez , Stephanie Comstock , Martha Arreguin , Paul Morales , Partick Butler , Ward Webster, Gloria Castillo, and Eddie, all residents of Parkside Village Community, on the current issues experienced, including an abundance of parked vehicles, stranded and inoperable vehicles, vandalism in the park, theft, drug use, littering, loitering, blocking streets, no available parking for visitors, blocking ADA accessibility, etc.

Sherri Melanson, resident of Doheny Ct., the community west of Parkside Village Community, shared the same problems are experienced in her area, and stated her community would also like to pursue residential parking permits.

Miguel Angel, resident of Yorba Avenue, with translation assistance by Council Member Lucio , spoke in support of establishment of the parking permits.

Gabriella Silva and Miriam provided public comment of non-support of establishment of Parkside Village Community parking permits.

11.2 CONSENT CALENDAR
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CHINO CITY COUNCIL
JANUARY 17, 2023 4

Ms. Silva, resident of neighboring Park West apartment complex, shared information about the established parking rules at the apartments and regulations forcing her to park outside of the apartment complex.

Mayor Ulloa closed the public hearing.

Mayor Ulloa inquired regarding communications with the apartment complex. City Attorney Fred Galante provided information regarding pursing communications with the apartment complex if a nuisance is created in the surrounding community by their parking policies.

Council Member Comstock spoke regarding her involvement with the parking permit request and experiences with this community and offered her support for the parking permits. She also provided information regarding the upcoming establishment of no street parking on street sweeping days.

Council Member Lucio expressed his concern regarding the establishment of parking permits not resolving the issue. He understands the frustration of the Parkside Village Community but does not see how the permits and enforcement will resolve the issue , especially since parking complaints are typically a low priority for police over higher threat calls for service . Council Member Lucio also provided his comments in Spanish.

Council Member Flores requested clarification from staff on the timeline to implement the parking permits and the established time window for enforcement. Mr. Ralls provided a timeline for implementation. Chief Simmons explained the determination of the enforcement time window, how unpaid citations can lead to towing vehicles, and how vehicles left for more than 72 hours are subject to towing.

Mayor Ulloa inquired about the feasibility of making Parkside Village a gated community and shared her support for the parking permits but uncertainty that it will resolve the issue.

Council Member Comstock provided a commitment to the apartment residents to work with property managers to help restore parking in the complex.

City Council members thanked all speakers for coming to the meeting and expressed that all residents are valued.

City Council members agreed to pursue communications with the apartment complex to see if improvements can be made for all residents related to established parking policies. Mayor Ulloa requested information on the feasibility of the Parkside Village Community being gated.

Moved by Council Member Comstock, seconded by Council Member Burton, and carried on a 4-1 vote to approve 1) conduct a Publ ic Hearing regarding the establishment of a Residential Parking Permit area in the Parkside Village Community, and 2) if deemed appropriate by the City Council, adopt Resolution No. 2023-002 to establish a Residential Parking Permit area on the 4700 block of Doheny Drive, San Clemente Lane, the 4700 block of Oceanside Drive, San Simeon Lane, and Cardiff Place by amending Section 2 of Resolution 86-44.

AYES: ULLOA, COMSTOCK, BURTON, FLORES.

NOES: LUCIO.

ABSENT: NONE.

11.2 CONSENT CALENDAR
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CHINO CITY COUNCIL
JANUARY 17, 2023 5

7. Amendment to Approval of 2021-2029 Housing Element Update. Adopt Resolution No. 2023-003 adopting an amendment to the City of Chino 2021-2029 Housing Element.

Mayor Ulloa opened the public hearing.

Nicholas S. Liguori, AICP, Director of Development Services and consultant Dave Bar quist, Kimley-Horn provided a presentation on the amendment to the Housing Element Update.

Mayor Ulloa inquired about direction provided at the January 17 th Workshop regarding overlay standards and how it will impact the housing elemen t. She reiterated the necessity for quality housing and the City Council not willing to make shortcuts to appease state requirements.

Council Member Flores asked if the city has been penalized for not having the housing element approved. Mr. Liguori confirmed the Department of Housing and Community Development is not looking to penalize agencies who are working towards certification and outlined the lengthy review period.

Hearing no requests to speak, Mayor Ulloa closed the Public hearing.

Moved by Council Member Burton, seconded by Council Member Flores, and carried on a 5-0 vote to 1) Conduct a public hearing; 2) adopt Resolution No. 2023 -003 adopting an amendment to the City of Chino 2021-2029 Housing Element; including any additional non- substantive revisions required by the California Department of Housing and Community Development (HCD); and 3) authorize the City Manager to file all documents with HCD on behalf of the City.

AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.

NOES: NONE.

ABSENT: NONE.

NEW BUSINESS

8. Purchase Order Approval - Miracle Recreation Equipment Company, Inc. - PlayPower, Inc .

Approve a purchase order in the amount of $192,631.64 for Miracle Recreation Equipment Company, Inc.-PlayPower, Inc., Dallas, TX for the purchase of playground equipment and shade sails for the Walnut Park Improvements project (G8223).

Keith Martinez, Assistant Project Coordinator, provided a report on the item.

Moved by Council Member Flores, seconded by Council Member Lucio, and carried on a 5-0 vote to 1) Approve a purchase order in the amount of $192,631.64 for Miracle Recreation Equipment Company, Inc. -PlayPower, Inc., Dallas, TX for the purchase of playgroun d equipment and shade sails for the Walnut Park Improvements project (G8223); and 2) authorize the City Manager to execute all necessary documents on behalf of the City.

AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.

NOES: NONE.

ABSENT: NONE.

11.2 CONSENT CALENDAR
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CHINO CITY COUNCIL
JANUARY 17, 2023 6

9. Create Homeless Outreach Coordinator and Assistant Homeless Outreach Coordinator Positions.

Approve a new full -time non-management Homeless Outreach Coordinator position and a new full-time Assistant Homeless Outreach Coordinator position.

June Sano, Clinical Specialist, provided a report on the item.

Mayor Ulloa inquired about resources for homelessness and requested follow up on the non-profit organizations we work with and where funds are utilized. City Manager Reic h provided more information on the outside funding and services utilized , and confirmed staff will provide comprehensive program information to the City Council in a future Workshop.

Moved by Mayor Pro Tem Comstock, seconded by Council Member Burton, and carried on a 5-0 vote to 1) approve a new full -time non-management classification titled Homeless Outreach Coordinator; 2) approve a new full -time Assistant Homeless Outreach Coordinator; 3) approve the transfer of the project balance of N6027 Social Work Action Group in the amount of $129,136 to the full-time salary accounts; and 4) approve the salary schedule shown in the attached Resolution No. 2023-005.

AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.

NOES: NONE.

ABSENT: NONE.

10. Resolution No. 2023-006 - Supporting the California Transportation Commission Relinquishment of Euclid. Adopt Resolution No. 2023-006 in Support of the Relinquishment of Euclid Avenue.

Vivian Castro, Deputy City Manager, provided a report on the item.

At the request of Council, Director of Public Works Am er Jakher provided details shared by CalTrans and staff at the January 10, 2023 Council Workshop. He explained the funding available from Caltrans and timelines to use funds.

Council members shared their support to take over Euclid and agreed the City should ensure the County and State are responsible for funding improvements to their property fronts on Euclid.

Moved by Council Member Flores, seconded by Council Member Lucio, and carried on a 5-0 vote to approve a r esolution in support of state legislation to authorize the California Transportation Commission to relinquish State Route 83 (Euclid Avenue) within Chino city limits to the City of Chino.

AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.

NOES: NONE.

ABSENT: NONE.

MAYOR AND COUNCIL REPORTS
Mayor Ulloa.

Mayor Ulloa reported on the following meetings and events attended since the last meeting that included Omnitrans and S an Bernardino County Transportation Authority (SBCTA) Board of Directors meetings; Chino Desalter Authority Board of Di rectors meeting; City financial update meeting; January 10 Workshop for Council priorities; Mayor’s prayer breakfast; San Bernardino County Homeless Partnership West Valley Regional Steering Committee; SBCTA Metro Valley Study Session; Appropriate Pool Confidential Session; senior birthdays; January 17 Workshop.

11.2 CONSENT CALENDAR
Packet Pg. 26

CHINO CITY COUNCIL
JANUARY 17, 2023 7

Mayor Pro Tem Comstock.

Mayor Pro Tem Comstock reported on the following meetings and events attended since the last meeting that included the January 10 City Council Workshop; City Manager meeting; and January 17 City Council Workshop.

Council Member Burton.

Council Member Burton reported on the f ollowing meetings and events attended since the last meeting that included meeting with the City Manager; January 10 City Council Workshop; Ribbon Cutting at Chuck E Cheese for the grand reopening; Director of Finance Rob Burns; Deputy City Manager meeting regarding the Civic Center Master Plan ; Ribbon Cutting at Casa Diaz for the grand opening for their addition; and January 17 City Council Workshop.

Council Member Burton provided a reminder for the Run for Russ and encouraged attendance.

He also offered prayers to the family of Darnell Calhoun and Riverside County Sheriff Department.

Council Member Flores.

Council Member Flores reported on the following meetings and events attended since the last meeting that included West Valley Vector Control District orientation; January 10 City Council Workshop; Mayor’s Prayer Breakfast; Ribbon Cutting at Chuck E Cheese grand reopening; and Chino Valley Chamber of Commerce Leadership Collaborative tour.

Council Member Flores provided a reminder of the January 18 Chino Champion Ribbon Cutting for their new location.

Council Member Lucio.

Council Member Lucio reported on the following meetings and events attended since the last meeting that included a truck storage meeting; City Manager meeting; January 10 City Council Workshop; and January 17 City Council Workshop.

Council Member Lucio shared information on the recent 5 Counties Wresting Tournament and acknowledged Chino High Wrestling Coach Alex Angulo and Chino High Wrestling team who came in 12th place at a very competitive event. He shared information for a Chino High Wresting fundraiser to raise money for the wrestling program at fanangel/chinowrestling.

Council member Lucio shared his condolences to the family of Deputy Darnell Calhoun, Riverside County Sheriff’s Department, and to the Los Angeles County Sheriff who recently lost Detective Steven Lim.

City Manager's Report.

City Manager Reich had no report.

City Attorney's Report.

City Attorney Galante had no report.

Police Chief's Report.

Police Chief Wes Simmons shared his appreciation for the City Council support and invited all to attend the upcoming Run for Russ on February 4th.

Fire Chief's Report.

Fire Chief Dave Williams reported on a workshop at the County regarding ambulance services; upcoming meeting with P olice Department staff to discuss use of the fire substation near The Preserve; the new fire hawk at Prado camp; expressed appreciation for the Council’s support for law enforcement; and thanked Council Member Lucio for sharing about wrestling programs.

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CHINO CITY COUNCIL
JANUARY 17, 2023 8

ADJOURN IN THE MEMORY OF RIVERSIDE COUNTY SHERIFF DEPUTY DARNELL CALHOUN The meeting adjourned at 10:13 p.m. The next Regular Meeting of the City Council will be held on Tuesday, February 7, 2023 at 7:00 p.m. (Closed Session at 6:00 p.m. if necessary) in these Council Chambers.

APPROVED AND ADOPTED THIS 7th DAY OF MARCH 2023.

EUNICE M. ULLOA, MAYOR
ATTEST:

NATALIE GONZAGA, 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: MARCH 7, 2023

TO: LINDA REICH, CITY MANAGER

FROM: NATALIE GONZAGA, 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 2022-23 Operating Budget.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:

• Public Service Excellence through Internal and External Partnerships

11.3 CONSENT CALENDAR
Packet Pg. 29
COUNCIL MEETING DATE: MARCH 7, 2023
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 City approved Resolution No. 2016-075 adopting the latest revisions to this policy. In addition to requiring local agencies to adopt a business-related expense policy, AB 1234 requires that Elected Officials provide a brief report on meetings attended at the expense of the local agency at the next regular meeting of the legislative body.

ISSUES/ANALYSIS
In response to AB 1234, a report regarding Elected City Officials’ Travel, Training, and Meetings (Exhibit A) was created and is placed on the City Council Agend a 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

MARCH 7, 2023 EXHIBIT A

Event Date Meeting Purpose and
Subject Matter
Location

City Official Attendees

2/23/2023 League of California
Cities IE Division
Fontana, CA Council Member Burton
2/28/2023 Mayor’s Prayer
Breakfast – Chino
Valley Chamber of
Commerce
Chino Hills,
CA
Mayor Ulloa
Mayor Pro Tem Comstock
Council Member Burton
Council Member Flores
Council Member Lucio

Future Conference, Meeting, and Training events Council Member(s) may attend Event Date Meeting Purpose and
Subject Matter
Location

City Officials that may
attend

11.3.a
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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: MARCH 7, 2023

TO: LINDA REICH, CITY MANAGER

FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR

SUBJECT: ADOPTION OF ORDINANCE NO. 2023 -001, ZO NE ORDINANCE AMENDMENT (SECOND READING).

RECOMMENDATION
Approve the adoption of Ordinance No. 2023-001 on second reading, adopting amendments to Title 20 (Zoning) of the Chino Municipal Code consisting of modifications and additions to Chapter 20.04 (Re sidential Zoning Districts), Chapter 20.06 (Commercial Zoning Districts), Chapter 20.07 (Industrial Zoning Districts), Chapter 20.10 (Standards For All Development And Land Uses), Chapter 20.21 (Standards for Specific Land Uses), and Chapter 20.23 (Administration).

FISCAL IMPACT
There is no fiscal impact.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above will further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:

• Positive City Image

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COUNCIL MEETING DATE: MARCH 7, 2023
SUBJECT: ADOPTION OF ORDINANCE NO. 2023-001, ZONE ORDINANCE AMENDMENT (SECOND READING)
PAGE 2

BACKGROUND
This matter was intr oduced on first reading by the Council at their February 21, 2023 meeting.

The proposed changes consist of modifications to several chapters to address issues staff has encountered in implementing the Zoning Code over the past year, as well as to update the code to reflect changes that have occurred in State Law. Most of the proposed changes a re considered minor in nature and will help new businesses looking to establish within the City.

Once adopted on second reading, the ordinance will go into effect thirty (30) days thereafter.

ISSUES/ANALYSIS
Ordinance No. 2023-001:

AN O RDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING SELECTED PROVISIONS OF THE ZONING CODE (TITLE 20 OF THE MUNICIPAL CODE) OF THE CITY OF CHINO. PL22 -0101 (ZONE ORDINANCE AMENDMENT).

Attachments: Ordinance No. 2023-001

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ORDINANCE NO. 2023-001

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CHINO, CALIFORNIA, AMENDING SELECTED PROVISIONS OF
THE ZONING CODE (TITLE 20 OF THE MUNICIPAL CODE) OF
THE CITY OF CHINO . PL22-0101 (ZONE ORDINANCE
AMENDMENT).

The City Council of the City of Chino, California, does hereby ordain as follows:

Section 1. Table 20.04-1 of the Chino Municipal Code is hereby re vised as follows with the remainder of the Table remaining unchanged (additions in red; deletions in bold strikethrough):

TABLE 20.04-1 LAND USE REGULATIONS FOR SINGLE-FAMILY RESIDENTIAL ZONING

DISTRICTS
Uses
Zoning Districts Additional
Regulations RD1 RD2 RD4.5 RD8
Public and Quasi-Public Uses
Child Care Services
Residential Day Care
Facilities, Small
P P P P Section

20.21.090
Day Care Facilities, Large C C C C Section

20.21.090

Section 2. Table 20.04-2 of the Chino Municipal Code is hereby re vised as follows with the remainder of the Table remaining unchanged (additions in red; deletions in bold strikethrough):

TABLE 20.04-2 LAND USE REGULATIONS FOR MULTIPLE -FAMILY RESIDENTIAL ZONING

DISTRICTS
Uses
Zoning Districts Additional
Regulations RD12 RD14 RD20
Public and Quasi-Public Uses
Child Care Services
Residential Day Care Facilities, Small P P P Section

20.21.090(D)
Day Care Facilities, Large C C C Section

20.21.090(E)

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Section 3. Table 20.05-1 of the Chino Municipal Code is hereby re vised as follows with the remainder of the Table remaining un changed (additions in red; deletions in bold strikethrough):

TABLE 20.05-1 LAND USE REGULATIONS FOR MIXED USE ZONING DISTRICTS Uses
Zoning Districts Additional
Regulations MU 20 MU 30
Public and Quasi-Public Uses
Child Care Services
Residential Day Care Facilities, Small CP CP Section

20.21.090(D)
Day Care Facilities, Large C C Section

20.21.090(E)

Section 4. Table 20.06-1 of the Chino Municipal Code is hereby revised as follows with the remainder of the Table remaining unchanged (additions in red):

TABLE 20.06-1 LAND USE REGULATIONS FOR COMMERCIAL ZONING DISTRICTS Uses
Zoning Districts Additional
Regulations CN CG CO CR CS
Residential Uses
Group Homes and Facilities ■ C ■ ■ ■
Senior Housing Projects ■ C C ■ C Section

20.21.340
Congregate Care Facilities ■ C C ■ C Section

20.21.460
Live/Work ■ ■ ■ ■ C Section

20.21.060
Residential Care Facilities, Small ■ C C ■ ■
Residential Care Facilities, Large ■ C C ■ ■ Section

20.21.070
Caretaker Quarters ■ ■ ■ ■ P Section

20.21.110
Public and Quasi-Public Uses
Places of Assembly
Places of Worship, Community Scale C C C C ■
Places of Worship, Regional Scale ■ C ■ C ■
Places of Worship, Small Storefront A A A A ■
Places of Worship, Large Storefront A A A A ■
Clubs and Lodges C C C C ■
Cultural and Institutional Uses
Theaters and Auditoriums ■ C ■ C ■
Libraries C C C C ■
Museums and Art Galleries C C C C C
Botanical and Zoological Gardens ■ C ■ ■ ■
Health Services
Hospitals ■ C C C C
Medical Clinics and Labs P P P P P
Medical Offices P P P P P

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Uses
Zoning Districts Additional
Regulations CN CG CO CR CS
Medical Marijuana Dispensary ■ ■ ■ ■ ■
Educational Uses
Schools, Public or Private ■ C C ■ ■
Trade and Vocational Schools ■ C C C ■
Schools for Personal Enrichment and
Fulfillment
A A C A A Section

20.21.180
Gym/Athletic Instruction, Minor A A C A A Section

20.21.440
Gym/Athletic Instruction, Major ■ C C C C Section

20.21.440
Gym/Athletic Instruction,
Small/Boutique Fitness Studio
A P A P A Section

20.21.440
Child/Adult Care Services
Day Care Facilities, Small ■ ■ ■ ■ ■ Section

20.21.090(D)
Day Care Facilities, Large C C C C ■ Section

20.21.090(E)
Child Day Care Centers C C C C ■ Section

20.21.090
Day Care Facilities, Employer
Provided On-site
C C C C ■
Day Care Facilities, Adult C C C C ■
Other Community Services
Emergency Shelters ■ C ■ ■ P Section

20.21.080
Social Services, Charitable Institutions
and Services

C C C C C
Public Safety Facilities C C C C C
Commercial Uses
Retail
Retail, General P P C P P
Cart/Kiosk A A A A ■ Section

20.21.150
Retail, Thrift and Secondhand Stores ■ A ■ C A
Animal Sales and Services P P ■ P P
Veterinary Clinics ■ C ■ C C
Guns and Ammunition Sales ■ C ■ C ■A
Alcoholic Beverage Sales A/C A/C ■ A/C A/C Section

20.21.270
Pawn Shops ■ ■ ■ ■ C
Adult Oriented Businesses ■ ■ ■ ■ C
Mobile Homes Sales ■ ■ ■ ■ C
Swap Meets ■ ■ ■ ■ C
Vehicle Sales and Services
Automobile and Vehicle Sales and
Leasing
■ C ■ C C Section

20.21.250
Automobile Rental ■ A/C ■ ■ A/C Section

20.21.410

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Uses
Zoning Districts Additional
Regulations CN CG CO CR CS
Truck and Trailer Rental ■ ■ ■ ■ C Section

20.21.410
Vehicle Parts and Accessories Sales P P ■ P P
Automobile, Light Truck and Van
Cleaning
■ C ■ C C
Bus and Large Truck Cleaning ■ ■ ■ ■ ■
Vehicle Repair and Maintenance ■ A ■ C A Section

20.21.240
Bus and Large Truck Repair and
Maintenance
■ ■ ■ ■ C
Paint or Auto Body Repair ■ C ■ ■ C
Vehicle Towing Service ■ ■ ■ ■ P
Gas and Service Stations C P C P P Section

20.21.230
Eating and Drinking Establishments
Restaurant P P C P C
Restaurant, Drive-Thru Facility C P C P C Section

20.21.170
Bars, Nightclubs and Lounges ■ C ■ C C Section

20.21.280
Cigar Lounges, Vape Lounges and
Hookah Bars
■ C ■ C C Section

20.21.320
Microbrewery and Microdistillery ■ C ■ C C 20.21.270
Banquet Facilities ■ C ■ C C
Transient Occupancy
Bed and Breakfast ■ C ■ C ■
Hotels and Motels ■ C C C ■
Commercial Services
Offices, Professional/Business P P P P P
Offices, Service P P P P P
Personal Services P P C P P
Personal Services, Restricted ■ ■ ■ ■ C
Business Support Services P P P P P
Banks, Retail P P P P P
Check Cashing Services ■ ■ ■ ■ C Section

20.21.300
Payday Advance Services ■ P ■ P P
Cyber Cafes ■ C ■ C C Section

20.21.310
Day Spas ■ C C C ■
Massage Establishments C C C C C Chapter 5.24
Funeral Parlors, Mortuaries and
Crematories
■ C ■ ■ C
Fortunetelling ■ P ■ ■ P
Entertainment-Related Services
Motion Picture Production and
Distribution Services
■ C C C C
Recording Studios ■ P ■ P P

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Uses
Zoning Districts Additional
Regulations CN CG CO CR CS
Broadcasting Studios ■ C C C C
Recreational Uses
Commercial Recreation ■ C ■ C ■
Golf Courses, Miniature ■ C ■ C ■
Parks and Recreational Facilities P P P P P
Sports Stadium or Arenas ■ ■ ■ C ■
Amusement or Theme Park ■ ■ ■ C ■
Industrial
Manufacturing and Processing
Manufacturing and Processing, Light ■ ■ ■ ■ P
Food Preparation ■ P ■ P P
Recycling
Recycling Facilities, Small Collection A A ■ A A Section

20.21.360
Recycling Facilities, Large Collection ■ ■ ■ ■ ■ Section

20.21.360
Recycling Facilities, Reverse Vending
Machines
A A ■ A A Section

20.21.360
Warehousing and Storage
Warehousing, Very Light (<25,000 sq
ft)
■ ■ ■ ■ P
Outdoor Storage, Incidental A A A A A Section

20.21.200
Outdoor Storage, as a Primary Use ■ ■ ■ ■ ■ Section

20.21.200
Other Industrial
Equipment Rental and Sales, Light
Equipment
■ C ■ C P Section

20.21.220
Transportation, Communications
and Utilities

Transportation Terminals ■ C C C C
Parking Facilities ■ C C C C
Utilities, Major C C ■ C C
Utilities, Minor C C C C C
Communications Facilities, Minor A A A A A Chapter 20.22 Communications Facilities, Major C C C C C Chapter 20.22 Solar Panels, Incidental A A A A A Section

20.10.070
Wind Turbines, Incidental ■ ■ ■ C ■ Section 20.22
Agricultural Uses, Activities and
Facilities

Crop Cultivation A A A A A Section

20.21.020
Agricultural Product Stands I I I I I Section

20.21.020

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Section 5. Table 20.07-1 of the Chino Municipal Code is hereby revised as follows with the remainder of the Table remaining unchanged (additions in red):

TABLE 20.07-1 LAND USE REGULATIONS FOR INDUSTRIAL ZONING DISTRICTS Uses
Zoning Districts Additional
Regulations BP M1 M2 AD
Commercial Uses
Retail
Guns and Ammunition Sales A A ■ ■

Section 6. Section 20.21.090 of the Chino Munici pal Code is hereby revised as follows (additions in red; deletions in bold strikethrough):

20.21.090 – Child Day Care Facilities

A. Purpose. This section provides regulations for Child Day Care facilit ies to protect the safety and well-being of children and minimize impacts to neighboring properties.

B. Types of Child Day Care Facilities.

1. Small Family Chil d Care Homes may provide care for up to eight children and are allowed by right in residential districts.

2. 1. Large Family Child Care Homes Residential Day Care Facilities may provide care for up to 14 children and are required to have an adult assistant o n the premises.

3. 2. Child Day Care Centers are c hildcare facilities that are not provided within a residential use . Child day care centers include pre -schools, nursery schools, infant care centers and after-school facilities.

C. General Standards that Apply to all Child Day Care Facilities.

1. In addition to those off -street parking spaces required of the primary residential land use, one off-street parking space shall be provided for each employee of the day care provider. The driveway may be used to fulfill this requirement.

2. Written verification that all fire and life safety standards have been met sh all be submitted to the Director of Community Development prior to the commencement of the use.

3. Any swimming pool, pond, wading pools, or similar bodies of water greater than 18 inches in depth shall be fully enclosed by a minimum 5 -foot-high non - climbable fence. Additionally, all entrances and exits shall have self closing and latching gates. All latches shall be located at least 54 inches above adjacent grade.

4. All trash receptacles and air -conditioning units located outdoors and next to any active play area shall be fully enclosed by a wall or fence to protect children.

5. Trash receptacles shall be maintained in a sanitary condition with no odor detectable from adjacent properties.

6. Hours of operation shall be less than 12 hours per day.

7. Noise levels shall comply with Title 9 of the Municipal Code.

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D. Small Child Care Homes.

1. There shall be a maximum of six children allowed per small family day care home. This number may be increased to eight, without the need for an additional adult attendant, if the following conditions are met:
a. At least two of the children are at least six years of age. b. No more than two infants are cared for at any time when more than six children are cared for.
c. The operator notifies each parent that the facility is caring for two additional school age children and that there may be up to eight children in the home at one time.
d. The operator obtains the written consent of the property owner when th e family day care home is operated on property that is leased or rented.

2. All required State licenses and permits shall be obtained or applied for prior to applying for a permit to operate a large family daycare home. No City permit, as provided herein, shal l be effective until satisfactory evidence has been provided to the city dem onstrating that all necessary State licenses and permits have been obtained.

3. All areas designated for active play, or any play structures, shall only be permitted in a street side yard or rear yard.

4. All play areas shall be enclosed by a 6-foot-high fence o r wall. Property line fences or walls may be used to fulfill this requirement.

E. D. Large Family Day Care Homes. Residential Day Care Facilities

1. The use shall be clearly incidental and subordinate to the primary.

2. All required State licenses and permits shall be obtained . or applied f or prior to applying f or a permit to operate a large family daycare home. No City permit, as provided herein, shall be effective until satisfactory evidence has been provided to the cit y demonstrating that all neces sary State licenses and permits have been obtained.

3. A Conditional Use Permit shall be obtained prior to operation of the large family day care home.

4. 3. There shall be a maximum of 14 children allowed per residential day care facility. twelve children allow ed per large family day care ho me. This number may be increased to 14, if the following conditions are met:
a. At least two of the children are at least six years of age. b. No more than three infants are cared for at any time when more than twelve children are cared for.
c. The operator notifies each parent that the facility is caring for two additional school age children and th at there may be up to 14 children in the home at one time.
d. The operator obtains the written consent of the property owner when the family day care ho me is operated on property that is leased or rented.

5. Children of the owner and/or occupant of the residence under the age of 14 shall count towards the total number of children allowed.

6. Any interior expansion, modification or alteration of a resident ial unit necessary for the operation of a large family daycare home shall be reviewed and approved by the directo r of community development and

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pursuant to the Uniform Building Code for residential occupancies, prior to the approval of large family daycare home.

7. All areas designa ted for active pl ay, or any play structures, shall only be permitted in a street side yard or rear yard.

8. All play areas shall be enclosed by a 6 -foot-high fence o r wall. Property line fences or walls may be used to fulfill this requirement.

9. A large family day care home shall not be located within 500 feet of another large family day care home or child day care center.

10. Drop-off and pick -up traffic shall not interfere with the surrounding neighborhood.

F. E. Child Day Care Centers.

1. An on -site vehicle turn -around or separate entrance and exit points, and passenger loading area must be provided. The c ity shall specifically consider the location and appearan ce of the proposed turn -around or access in determining compatibility with surrounding uses.

2. The operator must obtain the written consent of the property owner when the child day care facility is located.

3. Outside play areas shall have a minimum fence height of 5 feet.

4. Outside play areas shall be located a min imum of 10 feet from public right-of- ways.

5. Outside play areas shall be a minimum of 75 square feet per child, excluding infants.

Section 7. Section 20.21.440 of the Chino Municipal Code is hereby revised as follows with the remainder of the section remaining unchanged (additions in red; deletions in bold strikethrough):

20.21.440 – Gym/Athletic Instruction

Gym/Athletic instruction facilities shall be classified as Major facilities, or Minor facilities, or Small/Boutique Fitness Studios, and are subject to the following standards:

E. Small/Boutique Fitness Studios.

1. Small/Boutique Fitness Studios shall be permitted in commercial zones for one on one instruction and/or small classes limited to 20 members, one class at a time.

2. Classes may include uses such as spin, pilates, and yoga uses.

Section 8. Subsection 20.23.150.A.3 of the Chino Municipal Code, specifying the timing of a City Council hea ring for a n appeal, is hereby revised to read as follows (additions in red; deletions in bold strikethrough):

3. Upon receipt of an appeal request, the Planning Commission shall set the matter for hearing. The hearing shall be held with in 60 days following the filing of the appeal request. or the next regularly scheduled Planning Commission meeting thereafter.

Section 9. Subsection 20.23.150.B.4 of the Chino Municipal Code, specifying the timing of a City Council hea ring for a n appeal, is hereby amended to read as follows (additions in red; deletions in bold strikethrough):

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4. Upon receipt of an appeal request, the City Council shall set the matter for hearing.

The hearing shall be held within 60 days following the filing of the appeal request. or the next regularly scheduled City Council meeting thereafter.

Section 11. Environmental Review. The City Council finds tha t this Ordinance is ex empt from the California Environ mental Quali ty Act (CE QA) under CEQA Guidelin es Se ction 15061(b)(3), Common Sense Exemption, in that it can be seen with certa inty that there is no possibility fo r this action to have a significant effe ct on the environment, and individual development applications will be reviewed under CEQA as they are proposed.

Section 12. Severability. If any section, subsection, s entence, clause, phrase, or p ortion of this Ordinance, or the ap plication thereof to any person or circumstances, is, for an y reason, held inv alid o r unco nstitutional by any court of comp etent jurisdiction, s uch invalidity or unconstitutionality shall not affect any other p rovision or application, and t o this end the provisions of this ordinance are declared to be severable. The City Council hereby declares that it would have adopte d this ord inance and each section, subsection, sente nce, clause, phrase, part or portion thereof, irrespe ctive of t he f act t hat any one or more sections, subsection s, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.

Section 13. Effective Date. This Ordinance shall be in full f orce and effect thi rty (3 0) days after its second reading and adoption.

Section 14. 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 be published in the Chino Champion, a newspaper of general circulation, within said Ci ty in accordance w ith the provisions of t he Government Code.

PASSED, APPROVED AND ADOPTED THIS 7TH DAY OF MARCH 2023.

By:

EUNICE M. ULLOA, MAYOR

ATTEST:

By:

NATALIE GONZAGA, CITY CLERK

11.4.a
Adoption of Ordinance No. 2023-001 (Second Reading -
Packet Pg. 42
ORDINANCE NO. 2023-001

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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §

CITY OF CHINO )

I, Natalie Gonzaga, City Clerk of t he City of Chino , do h ereby certify that the foregoing Ordinance was duly adopted by sai d City Council at a regular meeting held on the 7th day of March 2023 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

By:

NATALIE GONZAGA, CITY CLERK

11.4.a
Adoption of Ordinance No. 2023-001 (Second Reading -
Packet Pg. 43

Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

ADMINISTRATION DEPARTMENT

COUNCIL MEETING DATE: MARCH 7, 2023

TO: LINDA REICH, CITY MANAGER

FROM: WES SIMMONS, CHIEF OF POLICE

SUBJECT: ADOPTION OF ORDINANCE NO. 2023 -003 - TOWING SERVICE REGULATIONS (SECOND READING).

RECOMMENDATION
Approve the adoption of Ordinance No. 2023-003 on second reading, amending Chapter 5.36 of the Chino Municipal Code relating to Towing Service Regulations.

FISCAL IMPACT
Adopting the proposed ordinance will revise regulations re lated to tow service operators in the City to better comport to Police Department needs and clarify language in Chapter 5.36. The amendments are not expected to have any financial impact on the City.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:

• Superior Customer Service
• Financial Stability
• Exemplary Leadership

11.5 CONSENT CALENDAR
Packet Pg. 44
COUNCIL MEETING DATE: MARCH 7, 2023
SUBJECT: ADOPTION OF ORDINANCE NO. 2023-003 - TOWING SERVICE REGULATIONS (SECOND READING)
PAGE 2

BACKGROUND
This matter was introduced on first reading by the Council at their February 21, 2023 meeting.

By the passage of this Ordinance, the City Council authorizes the amendment of Chapter 5.36 - Tow Service Regulations of the Chino Municipal Code.

The Chino Police Department has assessed its need for tow services based on the number of calls and size of the City. Following that assessment, the Police Department determined that the City’s needs warrant having three tow operators provide service s as authorized tow operators for the City on a non-exclusive basis.

Additionally, Section 5.36.050 currently disqualifies a tow service operator if any representative or employee of operator has been convicted of crimes specified in Section 5.36.50. Re vising the language to prohibit the person from driving or operating a tow vehicle when providing service to the City, but not disqualifying the operator as a whole, would better maintain the protections intended by that provision.

The last change to Sect ion 5.36.130 clarifies that deposits of storage fees are collected by the Police Department rather than the Chief of Police.

Amending Chapter 5.36 of the Chino Municipal Code to specify the number of authorized tow operators at three operators would be b est to notify interested operators of the City’s needs, while providing some flexibility in the Code should the Chief of Police find, in his/her discretion, that additional tow services are needed.

Also, the prohibition barring a tow service operator fro m participating as a tow operator if any of its employees or representatives has been convicted of a specified crime is arguably too broad of a standard. This provision could be narrowed so as not to disincentivize tow operators from providing such person s the opportunity to reintegrate into society and secure gainful employment. To that end, the proposed language instead clarifies that such tow operator representative or employee is prohibited from driving or operating any vehicle related to the tow services for the City.

Finally, the change to Section 5.36.130 better comports to the Police Department’s practice of having storage fees collected through the separate accounting maintained by the Department for that purpose rather than requiring the fees be collected by the Police Chief.

Once adopted on second reading, the ordinance will go into effect thirty (30) days thereafter.

ISSUES/ANALYSIS
Ordinance No. 2023-003: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA AMENDING CHAPTER 5.36 (TOWING SERVICE REGULATIONS) OF THE

CHINO MUNICIPAL CODE

Attachment: Ordinance No. 2023-003

11.5 CONSENT CALENDAR
Packet Pg. 45

01225.0010/849091.2
Ordinance No. 2023-003

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ORDINANCE NO. 2023-003

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHINO, CALIFORNIA AMENDING CHAPTER 5.36 (TOWING

SERVICE REGULATIONS) OF THE CHINO MUNICIPAL CODE
WHEREAS, the City of Chino has adopted an ordinance regulating towing services and storage, codified in Chapter 5.36 of the Chino Municipal Code; and WHEREAS, the City desires to revise Chapter 5.36 of the Chino Municipal Code to clarify certain language therein; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The City Council finds that the above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Section 5.36.030 of the Chino Municipal Code, entitled “Tow service permits,” and specifically subsection (A) thereunder, shall be amended as follows, with all other provisions of Section 5.36.030 remaining unmodified and in full force and effect (new text in underline, deleted text in strike through):
“A. The chief of police may issue nonexclusive tow service permits to one or more three tow service operators to provide for the towing and storage of motor vehicles. The chief of police, in his/her discretion, may issue additional nonexclusive tow service permits depending on the city’s needs. In exchange for the grant of a permit, the permittee shall comply with the provisions of this chapter including the collection and payment of such fees, as determined by city council resolution from time to time, for calls for service initiated by the Chino police department.”

SECTION 3. Section 5.36.050 of the Chino Municipal Code, entitled Application contents,” and specifically subsection J thereunder, shall be amended as follows, with all other provisions of Section 5.36.050 remaining unmodified and in full force and effect (new text in underline, deleted text in strike through):
“J. A statement that no principal, agent, contractor, or employee of the tow service operator has been convicted of any felony or any misdemeanor involving theft, burglary, possession of stolen property, violence on the person of another, illegal acquisition of vehicles, parts or documents, flagrant or repeated violations of the Vehicle Code, violations involving narcotics or dangerous drugs or moral turpitude. Alternatively, the statement shall warrant that any principal, contractor or employee of the tow service operator that has been convicted of any felony or any misdemeanor involving theft, burglary, possession of stolen property,

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violence on the person of another, illegal acquisition of vehicles, parts or documents, flagrant or repeated violations of the Vehicle Code, violations involving narcotics or dangerous drugs or moral turpitude will Any principal, agent, contractor or employee who has been convicted of such crimes may work for the tow service operator, but shall not drive or operate any vehicle related to the tow services provided under this chapter in the City of Chino.

SECTION 4. Section 5.36. 130 of the Chino Municipal Code, entitled Application contents,” and specifically subsection s D and F thereunder, shall be amended as follows, with all other provisions of Section 5.36.130 remaining unmodified and in full force and effect (new text in underline, deleted text in strike through):
“D. The chief Chino police department shall collect release fees from the legal or registered owners, or those persons authorized by their legal or registered owners, who claim stored motor vehicles prior to releasing said motor vehicles from storage. The city manager, or designee, may reduce or waive the release fee as provided in this chapter or the Vehicle Code. The chief shall is sue a receipt for payment of said release fees and an authorization to release said motor vehicles from storage.
. . . .

F. Each permittee shall collect all applicable storage fees prior to releasing vehicles. The tow service operator shall transmit one -half of all storage fees collected to the police chief Chino police department and retain one -half of such fees as compens ation for its storage services, and shall remit the balance at the end of each month to the city. The permittee may retain all towing fees. Further, each permittee shall conduct lien sales on behalf of the city, remitting such portion of the proceeds thereof as may be required by the city from time to time.” SECTION 5. The City Council hereby authorizes and directs the Mayor and the City Clerk to execute this Ordinance on behalf of the City of Chino forthwith upon its adoption.

SECTION 6. The City Clerk shall certify as to the passage of this Ordinance and shall cause the same to be published and/or posted at the designated locations in the City of Chino.

PASSED, APPROVED, AND ADOPTED this 7TH day of March, 2023.

Eunice M. Ulloa, Mayor
ATTEST:

Natalie Gonzaga, City Clerk

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Ordinance No. 2023-003

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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §

CITY OF CHINO )

I, Natalie Gonzaga, City Clerk of the City of Chino do hereby certify that the foregoing Ordinance of the City of Chino was duly adopted by said City Council at a regular meeting held on the 7th day of March 2023 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

By:

NATALIE GONZAGA, CITY CLERK

11.5.a
Adoption of Ordinance No. 2023-003 (Second Reading -
Packet Pg. 48

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: MARCH 7, 2023

TO: LINDA REICH, CITY MANAGER

FROM: GERIANN KINGSLAN, DIRECTOR OF HUMAN RESOURCES / RISK

MANAGEMENT

SUBJECT: ADOPTION OF ORDINANCE NO. 2023 -004 - CLAIMS AGAINST THE CITY (SECOND READING).

RECOMMENDATION
Approve the adoption of Ordinance No. 2023-004 on second reading, amending Section

3.80.020 of the Chino Municipal Code - Claims Against the City - Delegation of Authority.

FISCAL IMPACT
None.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Responsible Long-Range Planning
• Superior Customer Service

11.6 CONSENT CALENDAR
Packet Pg. 49
COUNCIL MEETING DATE: MARCH 7, 2023
SUBJECT: ADOPTION OF ORDINANCE NO. 2023-004 - CLAIMS AGAINST THE CITY (SECOND READING)
PAGE 2

BACKGROUND
This matter was introduced on first reading by the Council at their February 21, 2023 meeting.

By the passage of this Ordinance, the City Council authorizes the amendment of Section

3.80.020 of the Chino Municipal Code – Claims against the City of Chino.

Once adopted on second reading, the ordinance will go into effect thirty (30) days thereafter.

ISSUES/ANALYSIS
Ordinance No. 2023-004: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO AMENDING SECTION 3.80.020 OF THE CHINO MUNICIPAL CODE-- CLAIMS AGAINST THE

CITY OF CHINO

Attachment: Ordinance No. 2023-004

11.6 CONSENT CALENDAR
Packet Pg. 50
ORDINANCE NO. 2023-004

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA AMENDING SECTION 3.80.020 OF THE CHINO MUNICIPAL

CODE-CLAIMS AGAINST THE CITY OF CHINO

WHEREAS, pursuant to the Government Claims Act (Government Code § 900, et al) the City of Chino must be presented with a claim prior to the initiation of a lawsuit for damages against the City; and

WHEREAS, this results in the City receiving a large number claims each year, regarding a wide range of injuries, complaints, and other demands; and

WHEREAS, the City Council has delegated the authority to handle certain claims to the Director of Human Resources/Risk Management and City Manager, in order to ensure that they are handled appropriately and efficiently; and

WHEREAS, consistency is desired in levels of authority between purchasing approval authority and approval authority for settling claims.

NOW, THEREFORE, the city council of the city of chino hereby does ordain as follows:

Section 1. Section 3.80.020 of the Chino Municipal Code, Claims Against the City - Delegation of authority is hereby amended to read as follows:

3.80.020 — Delegation of authority.

The City Council delegates authority to the Director of Human Resources/Risk Management or his/her designee to review all claims for sufficiency and to reject any and all claims.
a) The Director of Human Resources/Risk Management is granted authority to allow, compromise, or settle claims for an amount up to ten thousand dollars ($10,000). b) The Director of Human Resources/ Risk Management shall seek authority from the City Manager when the amount to be paid is between ten thousand one dollar and fifty thousand dollars ($10,001 – $50,000).
c) The City Council shall have sole authority to allow, compromise, or settle claims for an amount in excess of fifty thousand dollars ($50,000).

Section 2. Except as expressly modified, the provisions of Section 3.80 shall remain unmodified and in full force and effect.

APPROVED AND ADOPTED THIS 7th DAY OF MARCH 2023.

_____________________

EUNICE ULLOA, MAYOR

CITY OF CHINO, CALIFORNIA
ATTEST:

_____________________________

NATALIE GONZAGA, CITY CLERK

CITY OF CHINO, CALIFORNIA

11.6.a
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ORDINANCE 2023-004

Page 2 of 2 ends

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §

CITY OF CHINO )

I, Natalie Gonzaga, City Clerk of the City of Chino, do hereby certify that the foregoing Ordinance was duly and regularly introduced, passed, and adopted by the City Council of the City of Chino at a regular meeting of said City Council held on the 7TH day of March 2023.

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

__________________________

NATALIE GONZAGA, CITY CLERK

CITY OF CHINO, CALIFORNIA

11.6.a
Ordinance No. 2023-004 - Claims Against the City (Second Packet Pg. 52

Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

ADMINISTRATION DEPARTMENT

COUNCIL MEETING DATE: MARCH 7, 2023

TO: LINDA REICH, CITY MANAGER

FROM: FRED GALANTE, CITY ATTORNEY

SUBJECT: APPROVAL OF TOLLING AGREEMENT WITH INLAND EMPIRE UTILITIES AGENCY.

RECOMMENDATION
That the City Council consider and approve the Tolling Agreement with the Inland Empire Utility Agency (IEUA) to preserve any rights to challenge IEUA for not acknowledging the term extension of the Regional Sewer Service Contract.

FISCAL IMPACT
Approval of the Tolling Agreement will not have any financial impact.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

The recommendation detailed above further s the City’s values a nd strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:

• Public Service Excellence Through Internal & External Partnerships • Responsible Long-Range Planning

11.7 CONSENT CALENDAR
Packet Pg. 53
COUNCIL MEETING DATE: MARCH 7, 2023
SUBJECT: APPROVAL OF TOLLING AGREEMENT WITH INLAND EMPIRE UTILITIES AGENCY
PAGE 2

BACKGROUND
The City is one of several contracting agencies (Contracting Agencies) that are parties to the Regional Sewer Service Contract (Regional Contract) with IEUA for provision by IEUA of sewer services to the Contracting Agencies. The Regional Contract was approved effective O ctober 19, 1994 and expired on January 2, 2023.

The Contract Agencies and IEUA have been negotiating the extension of the Regional Contract and update to its terms. To that end and to preserve its rights to operate under the provision allowing for an exte nsion of the term, the Contracting Agencies timely submitted written notice to IEUA for continued service as provided under Section 29 of the Regional Contract and IEUA has acknowledged the written notice. Instead of providing continued services under the terms of the Regional Contract, however, on December 21, 2022, IEUA’s Board of Directors adopted Ordinance Nos. 111 and 112 establishing regulations regarding the regional sewerage system and recycled water.

The Contract Agencies dispute IEUA’s rights to unilaterally replace the terms of the Regional Contract with the regulations per Ordinance Nos. 111 and 112. As such, the Contracting Agencies believe they have justification to pursue legal action against IEUA for not abiding by the provisions of Section 29 to provide continued sewer services per the terms of the Regional Contract.

ISSUES/ANALYSIS

In an effort to informally resolve the dispute with IEUA related to the application of Section 29, IEUA has agreed to enter into the attached Tolling Agreemen t. The effect of the Tolling Agreement is to preserve all potential causes of action, claims, and remedies the Contracting Agencies could assert against IEUA related to their respective rights to continue to receive sewer services per the terms of the Regi onal Contract in lieu of Ordinance Nos. 111 and 112.

This allows the Contracting Agencies to continue to work with IEUA on an extended Regional Contract, without concern about the timeline under the statute of limitations to initiate legal action against IEUA should the negotiations fail.

IEUA has approved and signed the Tolling Agreement as have various Contracting Agencies.

To preserve the City of Chino’s rights to pursue legal action against IEUA should the negotiations of the extended Regional Contra ct not conclude in a timely manner, staff and the City Attorney recommend the Council also approve and authorize the City Manager to sign the Tolling Agreement.

Attachment - Tolling Agreement Regional Contract

11.7 CONSENT CALENDAR
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Tolling Agreement

Page 1 of 7 ends

TOLLING AGREEMENT
This Tolling Agreement ("Agreement") is made by and between the CITY OF

FONTANA, CITY OF CHINO HILLS, CUCAMONGA VALLEY WATER DISTRICT, CITY

OF ONTARIO, CITY OF UPLAND, CITY OF CHINO, CITY OF MONTCLAIR (“Contracting Agencies”), AND INLAND EMPIRE UTILITIES AGENCY (IEUA). Each of the signatories hereto is sometimes referred to herein individually as a "Party" and collectively as the "Parties."
WHEREAS, the Parties are signatories to the Regional Sewer Service Contract, as amended October 19, 1994 (“Regional Contract”); and
WHEREAS, the Contracting Agencies have timely submitted written notice to IEUA for continued service as provided under Section 29 of the Regional Contract and IEUA has acknowledged the written notice; and
WHEREAS, on December 21, 2022, IEUA’s Board of Directors adopted Ordinance No. 111 and Ordinance No. 112 establishing regulations regarding the regional sewerage system and recycled water; and
WHEREAS, the Contracting Agencies wish to preserve any and all potential causes of action, claims, and remedies that they could assert in connection with the Regional Contract, including but not limited to their submission of written notice to IEUA for continued service under Section 29 of the Regional Contract and IEUA’s adoption of Ordinance No. 111 and/or Ordinance No. 112, including seeking injunctive relief (collectively, “Tolled Claims”); and WHEREAS, negotiations among IEUA and the Contracting Agencies regarding the Regional Contract are ongoing; and
WHEREAS, the Parties would like to resolve their differences and amicably agree on an extension or renewal of the Regional Contract and/or to engage in discussions to resolve the Tolled Claims; and
WHEREAS, statues of limitations or claims filing statutes, including but not limited to the claim filing requirements provided in California Government Code section 911.2, may have already started to run as to one or more claims of the Parties in connection with IEUA’s adoption

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of Ordinance No. 111 and/or Ordinance No. 112, which inhibits the Parties from engaging in meaningful discussions to resolve the issues described herein without resorting to litigation.

AGREEMENT
NOW THEREFORE, the Parties, in consideration of the mutual agreements set forth below, hereby agree and stipulate as follows:

1. This Agreement shall take effect as of the Effective Date and shall continue in effect indefinitely until and unless it is terminated by the receipt of ten (10) days written notice given by any Party to the other Parties (the “Tolling Period”).

2. Any defense based on a statute of limitations or other similar limitations period, laches, estoppel, waiver, or other similar equitable defenses, based upon the running or expiration of any time period shall not include the Tolling Period for the Tolled Claims.

3. IEUA shall not assert, plead, or raise, in any fashion, whether by answer, motion or otherwise, that any claims or causes of action are barred by the statute of limitations or other similar limitations period, or equitable defense based on the passage of time during the Tolling Period in any action brought on the Tolled Claims. Any such defenses which may have existed prior to the commencement of the Tolling Period, or which may arise thereafter without inclusion of the Tolling Period in the computation of elapsed time, are not intended to be affected by this Agreement .

4. The Parties agree to negotiate in good faith during the Tolling Period to extend or renew the Regional Contract or to enter into a new agreement on comparable terms and conditions pursuant to Section 29 of the Regional Contract.

5. This Agreement does not constitute an admission or acknowledgement of any fact, conclusion of law, or liability by any Party to this Agreement. Nor does this Agreement constitute any admission or acknowledgement on the part of the Parties that any statute of limitations, or similar defense concerning the timeliness of commencing a civil action, is applicable to the Tolled Claims. The Parties reserve the right to assert the inapplicability of any defense based upon the timeliness of commencing a civil action to the Tolled Claims and the right to contest any such assertion.

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6. This Agreement may not be modified except in writing signed by all of the Parties. No provision of this Agreement may be waived unless the waiver is made in writing signed by the Party making the waiver. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.

7. This Agreement shall not limit in any way the nature or scope of any claims that could be brought by any Party in a complaint against IEUA, or the date on which the Parties may file such a complaint, except as expressly stated herein.

8. This Agreement is not intended to affect any claims by or against third parties.

9. This Tolling Agreement contains the entire agreement between the Parties relating to tolling of claims, and no prior statement, promise, or inducement made by any Party to this Agreement that is not set forth in this Agreement shall be valid or binding, nor shall it be used in construing the terms of this Agreement as set forth herein.

10. This Agreement is effective upon the latest date of execution by all Parties to be charged with performance, and may be signed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. Each Party shall transmit to the other Parties, by e-mail, a copy of the executed signature page. This Agreement may be entered into evidence in any action by a Party relating to the Tolled Claims.

11. This Agreement is deemed to have been drafted jointly by the Parties. Any uncertainty or ambiguity shall not be construed for or against any other Party based on attribution of drafting to any Party. The Parties further agree that, should any provision of this Agreement be declared or be determined by any Court to be illegal or invalid, the validity of the remaining parts, terms, or provisions shall not be affected thereby, and said illegal or invalid part, term or provision, shall be deemed not to be a part of this Agreement.

12. This Agreement shall be governed by and construed in conformance with the laws of the State of California. Subject to the limitations set forth above, this Agreement shall be deemed to constitute a “waiver” within the meaning of California Code of Civil Procedure Section 360.5.

13. The undersigned representative of each Party certifies that he or she is fully authorized to enter into the terms and conditions of this Agreement and to legally bind such Party

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to all terms and conditions of this document. This Agreement shall be binding upon the Parties, and their respective successors and assigns.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of its Effective Date, as evidenced by the signatures of their duly authorized representatives set forth below.

SIGNATURES

Cucamonga Valley Water District consents to the terms and conditions of this Tolling Agreement by its duly authorized representative on this ____ day of _________________, 2023.

BEST, BEST & KRIEGER, LLP

___________________________________
JEFF FERRE, ESQ.

Best, Best & Krieger, LLP
3390 University Ave., 5th Floor
Riverside, CA 92501
[email protected]

Attorneys for the
Cucamonga Valley Water District

The City of Chino Hills consents to the terms and conditions of this Tolling Agreement by its duly authorized representative on this ____ day of _________________, 2023.

HENSLEY LAW GROUP

___________________________________
ELIZABETH M. CALCIANO, ESQ.
2600 W. Olive Avenue, Suite 500
Burbank, CA 91505
(818) 333-5120
[email protected]

Attorneys for the City of Chino Hills

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Tolling Agreement

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The City of Ontario consents to the terms and conditions of this Tolling Agreement by its duly authorized representative on this ____ day of _________________, 2023.

NOSSAMAN LLP

___________________________________
FRED A. FUDACZ, ESQ.
777 South Figueroa Street, 34th Floor
Los Angeles, CA 90017
(213) 612-7800
[email protected]

Attorneys for City of Ontario

The City of Upland consents to the terms and conditions of this Tolling Agreement by its duly authorized representative on this ____ day of _________________, 2023.

KRONICK MOSKOVITZ TIEDEMANN &
GIRARD

___________________________________
ERIC ROBINSON, ESQ.
1331 Garden Hwy, 2nd Floor
Sacramento, CA
916.321.4500
[email protected]

Attorneys for City of Upland

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Tolling Agreement with IEUA
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Tolling Agreement

Page 6 of 7 ends

The City of Chino consents to the terms and conditions of this Tolling Agreement by its duly authorized representative on this ____ day of _________________, 2023.

ALESHIRE & WYNDER, LLP

___________________________________
FRED GALANTE, ESQ.
18881 Von Karman Avenue. Suite 1700
Irvine, CA 92612
(949) 250-5410
[email protected]

Attorneys for City of Chino

The City of Montclair consents to the terms and conditions of this Tolling Agreement by its duly authorized representative on this ____ day of _________________, 2023.

ROBBINS & HOLDAWAY

___________________________________
DIANE E. ROBBINS, ESQ.
201 W. F Street
Ontario, CA 91762
(909) 391-9000
[email protected]

Attorneys for City of Montclair

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Tolling Agreement

Page 7 of 7 ends

The Inland Empire Utilities Agency consents to the terms and conditions of this Tolling Agreement by its duly authorized representative on this ____ day of _________________, 2023.

JC LAW FIRM

___________________________________
JEAN CIHIGOYENETCHE, ESQ.
13925 City Center Dr., Suite 200
P.O. Box 2259
Chino Hills, CA 91709
(909) 941-3382
[email protected]

Attorneys for Inland Empire Utilities Agency

The City of Fontana consents to the terms and conditions of this Tolling Agreement by its duly authorized representative on this ____ day of _________________, 2023.

BEST, BEST & KRIEGER

______________________
RUBEN DURAN, ESQ.
2855 E. Guasti Rd., Suite 400
Ontario, CA 91761
(909) 989-8584
[email protected]

Attorney for City of Fontana

11.7.a
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Packet Pg. 61

Revenue: Expenditure: 1004250-43050; 1004250-40000-N4223

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

POLICE DEPARTMENT

COUNCIL MEETING DATE: MARCH 7, 2023

TO: LINDA REICH, CITY MANAGER

FROM: WES SIMMONS, CHIEF OF POLICE

SUBJECT: VENDOR CAP INCREASE - PROFORCE MARKETING INC.

RECOMMENDATION
1) Approve an increase to vendor cap for ProForce Marketing Inc. by $25,000 for a new vendor cap amount of $ 113,633.98; and 2) authorize the City Manager to execute all necessary documents on behalf of the City.

FISCAL IMPACT
There is sufficient funds in Fiscal Year 2022-23 adopted budget for this transaction.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

The recommendation detailed above further s the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:

• Financial Stability

11.8 CONSENT CALENDAR
Packet Pg. 62
COUNCIL MEETING DATE: MARCH 7, 2023
SUBJECT: VENDOR CAP INCREASE - PROFORCE MARKETING INC
PAGE 2

BACKGROUND
City Council authorization is required when the combined total of purchase orders and agreements to one vendor exceeds $50,000.00. In November 2022, City Council approved the Fiscal Year 2022-23 vendor cap for ProForce Marketing Inc. (ProForce) for $88,633.98.

ISSUES/ANALYSIS

The City of Chino currently uses ProForce as a supplier for holsters, and other miscellaneous police equipment. City Council approved th e purchase of new pistol holsters from ProForce on November 15, 2022, which increased the vendor cap for ProForce to $88,633.98 . Apart from the pistol holsters, Chino Police Department also purchases ballistic vests, tacti cal equipment, and replacement police equipment from ProForce.

To facilitate the purchases required for fiscal year 2022-23, a vendor cap increase of $25,000 is requested. This request increases the purchase order only; no appropriation is required as t he expenditures are within the adopted Fiscal Year 2022 -23 Budgeted Appropriations.

Expenditures are projected to total not more than $113,633.98.

11.8 CONSENT CALENDAR
Packet Pg. 63

Revenue: Expenditure: 1007000 -43650 - D4215

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

COUNCIL MEETING DATE: MARCH 7, 2023

TO: LINDA REICH, CITY MANAGER

FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR

SUBJECT: NOTICE OF COMPLETION: D4215 - WATERTIGHT SEWER MANHOLE ASSEMBLY RETROFIT PROJECT.

RECOMMENDATION
1) Accept the Watertight Sewer Manhole Assembly Retrofit and Street light Connections Retrofit Project (D4215), C.P. Construction Co., Inc., Upland, CA contract No. 2022-318 as complete; 2) release the retention funds following the 35-day lien period; and 3) authorize the Director of Public Works to file the Notice of Completion.

FISCAL IMPACT
The project was completed within the established project budget.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image
• Responsible Long-Range Planning

11.9 CONSENT CALENDAR
Packet Pg. 64
COUNCIL MEETING DATE: MARCH 7, 2023
SUBJECT: NOTICE OF COMPLETION: D4215 - WATERTIGHT SEWER MANHOLE

ASSEMBLY RETROFIT PROJECT
PAGE 2

BACKGROUND
On December 21, 2021, the City Council approved a Reimbursement Agreement with the Orange County Flood Control District (OCFCD) for the relocation of utilities in the Prado Dam Inundation Area. The Reimbursement Agreement outlines the parameters in which the OCFCD is exclusively responsible for all costs and expenses that are deemed eligible project costs. Any costs incurred by the City of Chino related to the relocation of utilities in which the City holds the property rights over the OCFCD are considered eligible project costs subject to reimbursement.

On May 17, 2022, City Council awarded a construction contract to C.P. Construction Co., Inc., Upland, CA, in the amount of $ 392,700 for the Watertight Sewer Manhole Assembly Retrofit and Street light Connections Retrofit Project (D4215). Additionally, the City Council authorized expenditures of up to $39,270 for project contingencies bringing the total construction contract to a total contract amount not-to exceed $431,970.

ISSUES/ANALYSIS
All work has been completed per the terms of the construction contract. The following is a summary of the final accounting of costs for construction:

Original Construction Contract Amount $392,700.00
Contract Change Order No. 1 $(49.55)
Final Construction Contract Amount $392,650.45
Construction Contingency Balance $39,270.00

C.P. Construction Co., Inc., Upland, CA, has complied with the terms of the contract. A Notice of Completion (NOC) has been prepared for fi ling with the San Bernardino County Recorder's Office. The retention funds will be released following the 35 -day lien period. Should the City Council approve the NOC, staff will then contact OCFCD for reimbursement.

Attachment: Notice of Completion - CP Construction Co Inc., (D4215)

11.9 CONSENT CALENDAR
Packet Pg. 65

RECORDING REQUESTED BY
City of Chino
Public Works Department
P.O. Box 667
Chino, CA 91708

AND WHEN RECORDED MAIL TO

City Clerk
City of Chino
P.O. Box 667
Chino, CA 91708-0667
SPACE ABOVE THIS LINE FOR RECORDER’S USE

NOTICE OF COMPLETION

CITY OF CHINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA

Notice is hereby given that:

1. The undersigned is owner of the interest or estate stated below in the property hereinafter described.

2. The full name of the undersigned is City of Chino

3. The full address of the undersigned is 13220 Central Avenue, Chino, CA 91710

4. The nature of the title of the undersigned is: In fee (If other than fee, strike “In fee” and insert, for example, “purchaser under contract of purchase” or “lessee”)

5. The full names and full addresses of all persons, if any, who hold title with the undersigned are:

Names Addresses

N/A

6. The names of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work of improvement herein referred to:

Names Addresses

N/A

N/A
(If no transfer made, insert “none”)

7. A work of improvement on the property hereinafter described was completed on March 7, 2023

8. The name of the contractor, if any, for such work of improvement was:

CP Construction Co., Inc.
(If no contractor for work of improvement as a whole, insert “none”)

9. The property on which said work of improvement was completed is in the City of Chino, County of San Bernardino, State of California, and is described as follows:

Watertight Sewer Manhole Assembly and Street Light Connections Retrofit Project (D4215)

10. The street address of said property is None
(If no street address has been officially assigned, insert “none”)

SIGNATURE OF OWNER NAMED IN PARAGRAPH 2: DATE: 3/7/2023 Amer Jakher, Director of Public Works

CERTIFICATION FOR NOTICE OF COMPLETION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )ss

CITY OF CHINO )

I HEREBY CERTIFY that I am the Director of Public Works for the City of Chino. I have read the foregoing Notice of Completion and know the contents thereof; and I certify that the same is true of my own knowledge.

I declare under penalty of perjury, that the foregoing is true and correct. Executed on March 7, 2023 , at City of Chino, California

Amer Jakher
Director of Public Works

11.9.a
Notice of Completion: D4215 - Watertight Sewer Manhole
Packet Pg. 66

Revenue: Expenditure: 5207310 - 48004| 48007 - WA224

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

COUNCIL MEETING DATE: MARCH 7, 2023

TO: LINDA REICH, CITY MANAGER

FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR

SUBJECT: APPROVE CONTRACT AMENDMENT: HR GREEN PACIFIC, INC. - PROJECT WA224.

RECOMMENDATION
1) Approve a Contract Amendment to the Design Professional Services Agreement with HR Green Pacific, Inc., Corona, CA, Contract No. 2023 -074, to increase the contract amount by $70,958 for additional design services, for a not -to-exceed co ntract amount of $146,357; 2) additionally approve $7,096 for contingency for a total contingency amount not -to-exceed $14,636; and 4) authorize the City Manager to execute all necessary documents on behalf of the City.

FISCAL IMPACT
There are sufficient funds in the FY2022-23 Capital Improvement Program Project WA224 budget for this purpose.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Financial Stability
• Responsible Long-Range Planning

11.10 CONSENT CALENDAR
Packet Pg. 67
COUNCIL MEETING DATE: MARCH 7, 2023
SUBJECT: APPROVE CONTRACT AMENDMENT: HR GREEN PACIFIC, INC. - PROJECT WA224
PAGE 2

BACKGROUND
On April 14, 2022, Public Works staff req uested proposals from pre -qualified engineering firms for Engineering Design and Bid Support Services for B Street Alley Water Main Line Replacement Project (WA224). On May 1, 2022, staff received three (3) proposals in response to the request. The proposa ls were evaluated based on experience, personnel/staffing plan, understanding of the assignments, work plan, demonstrated technical ability, and cost.

On June 21, 2022, City Council awarded a professional services agreement to HR Green Pacific, Inc., Corona, CA. The original scope of work included the replacement of approximately 2,650 linear feet water main replacement on B Street. During research and coordination with water division staff, it was discovered that the water main located within the alley nor th of the original B Street segment (Alley 18) was also in critical need of replacement. Given the similarities between the two projects and their proximity, staff requested a proposal from HR Green Pacific, Inc. Staff reviewed and concurred with the proposed scope and fee.

ISSUES/ANALYSIS
The proposed cost for the additional design scope of work , which includes water line and alley rehabilitation design, is $70,958. Staff recommends that the City Council approve the amendment to the Design Professional Se rvices Agreement with HR Green Pacific, Inc., in the amount of $70,958 for the additional design and construction support services for alley 18. Staff also recommends an additional $7,096 for design contingency for a potential total contract amount not- to-exceed $160,993.

Original Contract Amount $75,399.00
Original Contingency Amount $7,540.00
Amendment No. 1 $70,958.00
Additional Contingency $7,096.00
New Contract Amount $146,357.00
New Contingency Amount $14,636.00

Attachment: WA224 - HR Green Pacific - (A1)

11.10 CONSENT CALENDAR
Packet Pg. 68
Project Name/No.: WA224 - Design Services for B Street Contract No.: _2023-074_ Water Main Line Replacement

Project Manager: PW/Maria Fraser Approved: _____________

AMENDMENT NO. 1

TO AGREEMENT FOR SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR SERVICES (“Amendment”) by and between the CITY OF CHINO, a California municipal corporation (“City”) and HR Green Pacific, Inc., Corona, CA (“Consultant”) is effective as of the 7th day of March, 2023.

RECITALS
A. City and HR Green Pacific, Inc. entered into an Agreement for Services dated June 21st, 2022 (“Agreement for Services”) whereby HR Green Pacific, Inc., agreed to provide Design Engineering Services for B Street Water Main Line Replacement Project WA224 to the City.

B. City and Consultant now desire to amend the Agreement to modify the scope of services and increase compensation.

TERMS

1. Contract Changes. The Agreement is amended as provided herein. (a) Article 2, Compensation is hereby revised to increase the Contract Sum by Seventy Thousand Nine Hundred Fifty -Eight Dollars ($70,958) for performance of additional Design Engineering services for Project WA224, and shall read in its entirety as follows:

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in “Exhibit A-2” and incorporated herein by this reference.

The total compensation, including reimbursement for actual expenses, s hall not exceed One Hundred Forty-Six Thousand Three Hundred Fifty -Seven Dollars ($146,357) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.”
(b) The scope of services provided in Exhibit “A” of the Agreement is am ended to include services as specified in “Exhibit A-2”, attached hereto.

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

3. Affirmation of Agreement; Warranty R e Absence of Defaults. City and Consultant each ratify and reaffirm each and every on e of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been

11.10.a
Approve Contract Amendment: HR Green Pacific, Inc. -
Packet Pg. 69
01225.0001/458787.1
no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.

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

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

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

5. Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, a nd (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.

[SIGNATURES ON FOLLOWING PAGE]

11.10.a
Approve Contract Amendment: HR Green Pacific, Inc. -
Packet Pg. 70
01225.0001/458787.1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF CHINO, a municipal corporation

Linda Reich, City Manager
ATTEST:

Natalie Gonzaga, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

ALESHIRE & WYNDER, LLP
_____________________________ _____________________________

Fred Galante, City Attorney Amer Jakher, P.E., Director of Public Works

CONSULTANT:

HR Green Pacific, Inc.

By:

Name:

Title:

By:

Name:

Title:

Address:

11.10.a
Approve Contract Amendment: HR Green Pacific, Inc. -
Packet Pg. 71

EXHIBIT “A-2”

11.10.a
Approve Contract Amendment: HR Green Pacific, Inc. -
Packet Pg. 72

Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

ADMINISTRATION DEPARTMENT

COUNCIL MEETING DATE: MARCH 7, 2023

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO

FROM: LINDA REICH, CITY MANAGER

SUBJECT: INTRODUCTION OF ORDINANCE NO. 2023 -006 - CITY COUNCIL M EETING START TIME.

RECOMMENDATION
Approve the introduction of Ordinance No. 2023-006, to change the start time of regular City Council meetings to 6:00 p.m. and Closed Session to no sooner than 4:00 p.m., to be read by title only and waiving further reading of the Ordinance.

FISCAL IMPACT
There is no fiscal impact.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

12.11 NEW BUSINESS
Packet Pg. 73
COUNCIL MEETING DATE: MARCH 7, 2023
SUBJECT: INTRODUCTION OF ORDINANCE NO. 2023-006 - CITY COUNCIL MEETING

START TIME
PAGE 2

BACKGROUND
Since 2007, City Council meetings have been held at 7:00 p.m. with close d sessions beginning no sooner than 6:00 p.m. City of Chino City Council meeting agendas have several ceremonials, informational, and business items that re sult in meetings typically ending around 9:00 p.m. or later.

ISSUES/ANALYSIS
The meeting schedule change is suggested in an effort to increase transparency and resident participation. Moving the regular meetings up one hour so they start at 6 p.m. instead of 7 p.m. makes the meeting times more accessible for residents. Additionally, given that meetings are regularly running longer, the earlier start time makes it more convenient for those that want to attend or listen in through the end. Council special meetings and workshops will be planned on days when regular Council meetings are not scheduled, thus a llowing the regular meetings to be held earlier.

Since Council meeting times are set by ordinance, to facilitate this change, it is necessary for the City Council to adopt an ordinance amending the current start times for closed sessions to no earlier than 4:00 p.m. and the regular Council meeting open session to 6:00 p.m.

If the proposed change is adopted by the City Council, this Ordinance introduction will be published in the Chino Champion and brought back for a second reading at the March 21, 2023 Council Meeting. The anticipated start month of the time change, pending approval of the Ordinance and advance notification for the public, is May 2023.

The Planning Commission and Community Services Commission also have plans to request their meeting start time be changed to 6:00 p.m. to have consistency with the City of Chino public meeting start times.

Attachment: Ordinance No. 2023-006

12.11 NEW BUSINESS
Packet Pg. 74
01225.0001/858437.1
ORDINANCE NO. 2023-006

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHINO, CALIFORNIA, AMENDING CHAPTERS 2.04 (CITY

COUNCIL) OF THE CHINO MUNICIPAL CODE CONCERNING

THE REGULAR MEETING TIME FOR THE CITY COUNCIL

WHEREAS, the City of Chino has adopted an ordinance regulating the City Council meetings, codified in Chapter 2.04 of the Chino Municipal Code; WHEREAS, the City desires to revise Chapter 2.04 of the Chino Municipal Code to amend the regular meeting time for the City Council; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The City Council finds that the above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Section 2.04.010 (Regular meetings) of the Chino Municipal Code is hereby revised as follows (additions in underline; deletions in strikethrough):

A. The regular meetings of the Chino city council shall be held at the Chino City Council Chambers, 13220 Central Avenue, Chino, California on the first and third Tuesdays of each month. The meeting shall commence at 6:00 seven p.m.; and any closed session sh all commence at no sooner than 4:00 p.m. six p.m. If the day on which any regular meeting falls is a legal holiday, the meeting will be either canceled or rescheduled.

SECTION 3. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person or circumstances, is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision 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 adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.

SECTION 4. Effective Date. This Ordinance shall be in full force and effect thirty (30) 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 be published in the Chino Champion, a newspaper of general circulation, within said City in accordance with the provisions of the Government Code.

12.11.a
Introduction of Ordinance 2023-006 (City Council Meeting Packet Pg. 75
Ordinance No. 2023-06

Page 2 of 2 ends

01225.0001/858437.1

PASSED, APPROVED, AND ADOPTED THIS 21ST DAY OF MARCH 2023.

By:

EUNICE M. ULLOA, MAYOR

ATTEST:

By:

NATALIE GONZAGA, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §

CITY OF CHINO )

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

By:

NATALIE GONZAGA, CITY CLERK

12.11.a
Introduction of Ordinance 2023-006 (City Council Meeting Packet Pg. 76

Revenue: Expenditure: 5207310-48005-48008-WA19C

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

COUNCIL MEETING DATE: MARCH 7, 2023

TO: LINDA REICH, CITY MANAGER

FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR

SUBJECT: AWARD OF CONTRACT - WA19C - EASTSIDE WATER TREATMENT PLANT PAVING PROJECT.

RECOMMENDATION
1) Award a construction contract in the amount of $89,798 to Mission Paving & Sealing, Inc., Irwindale, CA, for Project No. WA19C Eastside Water Treatment Plant Paving Project; 2) authorize expenditures up to $8,980 for construction contingency, for a total contract amount not-to-exceed $98,778; 3) authorize expenditures up to $8,980 for construction management and $4,490 for inspection costs, for a total project cost not to exceed $112,248; and 4) authorize the City Manager to execute the necessary documents on behalf of the City.

FISCAL IMPACT
There are sufficient funds in the FY2022-23 Five-Year Capital Improvement Program for project WA19C.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

12.12 NEW BUSINESS
Packet Pg. 77
COUNCIL MEETING DATE: MARCH 7, 2023
SUBJECT: AWARD OF CONTRACT - WA19C - EASTSIDE WATER TREATMENT PLANT

PAVING PROJECT
PAGE 2

BACKGROUND
Due to continuing development and in order to provide treatment to City -owned groundwater wells, the City has embarked on Phase 3 of the Eastside Water Treatm ent Facility (EWTF).

Phase 3 includes the expansion of the treatment capacity from 3,500 gallons per minute (gpm) to 7,000 gpm and a 4 -mile dual 6 -inch diameter high density polyethylene (HDPE) brine disposal pipeline to discharge up to 30 gallons per minu te of generated brine waste from the EWTF to the Inland Empire Brine Line at approximately the intersection of Euclid Avenue and Kimball Avenue. The brine line has been completed, while the EWTF construction is approximately 99% complete. Staff is in the p rocess of obtaining all necessary permitting from the State Division of Drinking Water, Inland Empire Utilities Agency for Wastewater Discharge, and County of San Bernardino for Hazardous Material.

This project will provide a site improvement by installing asphalt concrete pavement from the entry driveway up to the treatment building.

ISSUES/ANALYSIS
On January 10, 2023, staff published a formal Notice Inviting Bids (IFB 20227034) via the City’s PlanetBids website and locally on the Chino Champion Newspaper on January 14 and 22, 2023 for Project No. WA19C Eastside Water Treatment Plant Paving. Two addendas were issued to clarify questions and amend the bid schedule. On January 31, 2023, at 10:00 a.m., nine (9) bids were received and opened with the following results:

Company Name City Bid Amount

1. Mission Paving and Sealing, Inc. Irwindale $89,798.00

2. Century Paving La Mirada $119,650.00

3. Prestige Paving Company Corona $130,461.90

4. Palp DBA Excel Paving Long Beach $167,400.00

5. Dash Construction Woodland Hills $175,260.00

6. All American Asphalt Corona $199,950.00

7. Hardy & Harper, Inc. Lake Forest $215,000.00

8. Onyx Paving Company Anaheim $247,000.00

9. Aguilar & Calderon Corp Whittier $269,555.40

The estimated project costs are itemized below:

Project Task Budget Amount
Construction $89,798
Construction Management (10%) $8,980
Inspection (5%) $4,490

12.12 NEW BUSINESS
Packet Pg. 78
COUNCIL MEETING DATE: MARCH 7, 2023
SUBJECT: AWARD OF CONTRACT - WA19C - EASTSIDE WATER TREATMENT PLANT

PAVING PROJECT
PAGE 3

Contingency (10%) $8,980
EST. PROJECT COST TOTAL $112,248

The apparent low bidder, Mission Paving & Sealing, Inc., Irwindale, CA is pr operly licensed and deemed to be the lowest responsible bidder with a base bid plus additive bid in the amount of $89,798.00. In addition, staff is requesting authorization to spend up to $8,980 for construction management costs, $4,490 for inspection cost s, and $8,980 for contingency costs. This brings the total potential project construction cost to $112,248.

Attachments: Exhibit - Project Site
Mission Paving & Sealing Agreement

12.12 NEW BUSINESS
Packet Pg. 79
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SUBMITTAL TO CITY OF ONTARIO

UPDATED PER ONTARIO COMMENTS
UPOATEDPERRIQ-IARDAY/,u.,COMMENTS

UPOATEDPERSCERECOMMENDATIOOS
UPOATED PER OTY CE a--llNO COMMENTS

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7. CORNER NONUNEHT l~MENTS ON SCHAEFER AVENUE ANO FUl\JRE CAMPUS AVENUE CORNEA.

8. ORNAMENTAi. FEl'tal'tG Al.ONG FUl\JAE CAMPUS AVENUE (WESTSIDE OF PROPERTY ONLY).

9. REMOVE EXISTING mEATMENTPLANT, 8008TeR PUMPS, WASTE TANKS ANO otStNFEC110N FAQ UTIES ,
~,

STEVEN ANDRE WS ENGINEERING
26501 RANCHO PARKWAY SOUTH, SUITE 204
LA.KE FOREST, CA 92630
(949) 215 - 5050
PREPARED Ut\OER THE SUPERVISION OF:

ENGINEERII\G STEVEN R. ANDREWS RCE 31259
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For Bidding Purposes Only
CITY OF ONTARIO PROJECT REFERENCE #PDEV04-025
PREPARED FOR:

CITYOFCHNO CITY OF CHINO

EASTSIDE WATER TREATMENT FACILITY

DOMESTIC WATER FACILITIES
PHASE3
WA19C

FIGURE G

12.12.a
Award of Contract: (WA19C) - Eastside Water Treatment
Packet Pg. 80

AGREEMENT

EASTSIDE WATER TREATMENT PLANT PAVING
PROJECT NO. WA19C

THIS AGREEMENT is made and entered into this 7th day of March, 2023 by and between THE CITY OF CHINO, a municipal corporation, hereinafter called “City”, and MISSION PAVING AND SEALING, INC., hereinafter called “Contractor”.

WITNESSETH, that the parties hereto mutually agree as follows:

ARTICLE I : For an d in consideration of the payments and agreements hereinafter mentioned to be made and performed by City, Contractor agrees to perform and complete all of the work for the project entitled EASTSIDE WATER TREATMENT PLANT PAVING PROJECT (WA19C) in a good and workmanlike manner in accordance with all plans and specifications therefor, to furnish at Contractor’s sole cost and expense all tools, equipment, labor, and materials necessary therefor, except such materials and equipment as are expressly stipulated to be furnished by City, and to do everything required by the Contract Documents.

ARTICLE II: Contractor shall be responsible for furnishing all labor, materials, equipment, tools, and services, furnishing and removing all plants, temporary structures, tools, and equipment, and doing everything required by this Agreement and by the Contract Documents. Contractor shall also be responsible for all losses and damages arising out of the performance of the Work, from the action of the elements, or from any u nforeseen difficulties that may arise during the prosecution of the Work until its acceptance by City; for all risks of every description associated with the Work; and for all expenses resulting from the suspension or discontinuance of the Work. City shall pay Contractor, and Contractor shall receive, for completing the Work in accordance with the requirements of the Contract Documents and in full compensation therefor, the price named in the Bid Proposal. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive a total contract amount of Eighty-Nine Thousand, Seven Hundred Ninety-Eight Dollars and Zero Cents ($89,798.00) for completion of the contract work.

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

ARTICLE IV: Contractor shall begin work within five (5) calendar days after receiving a Notice to Proceed from the City and the work shall be completed within fifteen (15) working days (by April 7, 2023). If the work is not completed within said time period, liquidated damages shall apply.

Contract No.:

Approved:

12.12.b
Award of Contract: (WA19C) - Eastside Water Treatment
Packet Pg. 81
ARTICLE V: The Notice Inviting Bids, the Summary of Work, the Instructions to Bidders, the Bid Documents, the Required Post-Bid Documents, the General Provisions, the Special Provisions, the Technical Specifications, and all other drawing, plans, or specifications for the Work (collectively, “Contract Documents”) are hereby incorporated into and made part of this Agreement.

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

ARTICLE VII: No officer or employee of the City shall have any financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is interested, in violation of any State statute or regulation. Similarly, Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

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

ARTICLE IX: Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.

Waiver by any party of any breach of the provisions of this Agreement shall not constitute a

12.12.b
Award of Contract: (WA19C) - Eastside Water Treatment
Packet Pg. 82
waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

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

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

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

ARTICLE XIII: The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.

[SIGNATURES ON FOLLOWING PAGE]

12.12.b
Award of Contract: (WA19C) - Eastside Water Treatment
Packet Pg. 83
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed on the day and year first above written.

Approved as to Form: Approved as to Content:

City Attorney Amer Jakher
Director of Public Works Department

MISSION PAVING AND SEALING, INC.:

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

CITY OF CHINO

Dated:

Lina Reich, City Manager

ATTEST:

Natalie Gonzaga, City Clerk

Date

12.12.b
Award of Contract: (WA19C) - Eastside Water Treatment
Packet Pg. 84

Revenue: Expenditure: 5407360 - 48003 | 48005 | 48007 -SD200

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

COUNCIL MEETING DATE: MARCH 7, 2023

TO: LINDA REICH, CITY MANAGER

FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR

SUBJECT: APPROVE CONSTRUCTION CONTRACT INCREASE - C.P. CONSTRUCTION CO INC. (SD200).

RECOMMENDATION
1) Appropriate $380,980.00 from the unappropriated reserves of the Storm Drain Fund with a corresponding increase to the Benson Avenue Storm Drain Project (SD200) for a revised project budget of $2,608,958.13; 2) approve a contract increase in the amount of $284,137.62 for a revised total contract amount not -to-exceed $2,317,438.62 with C.P. Construction Co., Inc., Santa Fe Springs, CA (Contract No. 2022 -063) for SD200 - Benson Avenue Storm Drain Project; and 2) authorize the City Manager to execute all necessary documents on behalf of the City.

FISCAL IMPACT
Requires an appropriation in the amount of $380,980.00 from the unappropriated reserves of the Storm Drain Fund.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

12.13 NEW BUSINESS
Packet Pg. 85
COUNCIL MEETING DATE: MARCH 7, 2023
SUBJECT: APPROVE CONSTRUCTION CONTRACT INCREASE - C.P. CONSTRUCTION CO INC. (SD200)
PAGE 2

BACKGROUND
On July 6, 2021, City Council awarded a construction contract to C.P. Construction Co, Inc.

Santa Fe Springs, CA, in the amount of $1,848,455.00 for the construction of the Benson Avenue Storm D rain Project from Philadelphia Avenue North to Francis Avenue (SD -200).

Additionally, Council authorized expenditures for contingencies in the amount of $184,846.00, for a not-to-exceed potential total contract amount of $2,033,301.00.

Throughout the proje ct’s construction, the City has approved four (4) Contract Contingency Change Orders (CCO) for an amount of $123,626.86 to address various unforeseen field conditions and to allow the project to continue in the face of anticipated interferences rather than waiting for them to be relocated. Additional costs were also incurred due to timing conflicts with adjacent private development work on Philadelphia Avenue which would have resulted in closure of Philadelphia Avenue and Benson Avenue at the same time. These 4 previous change orders have resulted in completing the project nearly a year in advance of the originally delayed schedule by avoiding relocation of Edison poles, but have also expended nearly all of the available project contingency funds.

During co nstruction, a Stop Work Notice was issued by the City of Ontario Engineering Department as the storm drain alignment required disturbance within their jurisdiction. C.P.

Construction Co, Inc., made the initial application for Plan Review to the City of Ont ario following the issuance of the Stop Work Notice. To expedite the review process, the contractor paid the associated fees. Following the application in July of 2022, a period of delay ending in November of 2022 was incurred to allow for permitting and a pproval of design by the City of Ontario Engineering Department. This 5 -month delay resulted in a total extended cost to the contractor of $215,841.07.

To ensure that a nearby existing City of Ontario sewer line was undamaged by the adjacent storm drain co nstruction, the City of Ontario Engineering Department required camera inspections of this sewer line as a condition of permitting. To ensure that all existing utilities are maintained through construction and to promote a positive city image, the City of Chino agreed to the additional camera inspection as a condition of permitting.

The City of Ontario Engineering department asked for changes to the City of Chino approved traffic control plan once work resumed. This additional signage resulted in additional costs to the contractor. To facilitate the minimum level of impact on the traveling public during construction and to promote a positive city image, the City of Chino agreed to the additional traffic control required by the City of Ontario Engineering department.

The City of Ontario Engineering Department also required that all striping in the affected work zone to be repainted with thermoplastic paint rather than just the disturbed striping as was required by the initial contract. To leave the safest rou te of travel possible following the completion of the work, the City of Chino agreed to the additional striping requirements imposed by the City of Ontario Engineering Department.

The City of Ontario Engineering department required adjustments to the trench reconstruction requirements of the plans. Since the City of Ontario's request closely aligned with the typical trench repair standards of the City of Chino, the City of Chino agreed to the additional paving requirements imposed by the City of Ontario's Engineering Department; to provide the best quality driving surface possible for the traveling public and to promote a positive City image.

12.13 NEW BUSINESS
Packet Pg. 86
COUNCIL MEETING DATE: MARCH 7, 2023
SUBJECT: APPROVE CONSTRUCTION CONTRACT INCREASE - C.P. CONSTRUCTION CO INC. (SD200)
PAGE 3

ISSUES/ANALYSIS
C.P. Construction Co., Inc. is performing the work per the terms of the contract. The proposed change order will be processed upon councils’ approval. There is a remaining contingency balance of $61,219.14 along with the requested contract increase of $284,137.62, equals the Contract Change Order No. 5 shown below in the table. Staff is recommending a c ontract increase of $284,137.62 for a total not-to-exceed contract amount of $2,317,438.62.

Staff is recommending an appropriation of $380,980 to complete the Benson Avenue Storm Drain Project (SD200). This appropriation will cover the remaining construc tion costs as well as project management and final inspection costs.

Original Construction Contract Amount $ 1,848,455.00
Contract Change Order No. 1 $ 180,222.57
Contract Change Order No. 2 $ (180,222.57)
Contract Change Order No. 3 $ (313,050.00)
Contract Change Order No. 4 $ 436,676.86

Contract Change Order No. 5 $ 345,356.76
Final Construction Contract Amount $ 2,317,438.62

Attachment: SD200 - CP Construction Co. Inc. - (CCO5)

12.13 NEW BUSINESS
Packet Pg. 87
EUNICE M. ULLOA CURTIS BURTON
Mayor CHRISTOPHER FLORES

MARC LUCIO
Council Members
K
AREN C. COMSTOCK DR. LINDA REICH
Mayor Pro Tem City Manager
CITY of CHINO
13220 Central Avenue, Chino, California 91710
Mailing Address: P.O. Box 667, Chino, California 91708-0667 (909) 334-3250 • (909) 334-3720 Fax
Web Site: www.cityofchino.org

DATE:

PROJECT: $1,848,455.00
$123,626.86
LOCATION: Philadelphia Avenue North to Francis Avenue $345,356.76 $2,317,438.62
TO (Contractor): C.P. Construction Co., Inc.

UNIT UNIT PRICE

CHANGE IN

CONTRACT
PRICE
LS $40,000.00 $ 40,000.00
LS $95,000.00 $ 95,000.00
LS $25,000.00 $ 25,000.00
LS $42,400.00 $ 42,400.00
Months $9,408.00 $ 47,040.00
LS $2,347.42 $ 2,347.42
LS $914.80 $ 914.80
LS $770.85 $ 770.85
LS $1,345.65 $ 1,345.65
LS $2,064.03 $ 2,064.03
LS $9,000.00 $ 9,000.00
LS $79,474.01 $ 79,474.01
345,356.76$
123,626.86$
468,983.62$
$345,356.76
$2,317,438.62 including the previously authorized change orders in sum of

TOTAL CHANGE ON THIS CONTRACT CHANGE ORDER
CCO 05.1 Demobilization/remobilization caused by City of Ontario permit review 1.00 CCO 05.12 Additional AC paving required due to City of Ontario paving requirements 1.00 CCO 05.4 Additional shoring and trench protection per Federal and State Requirements due to extended project duration caused by City of Ontario permit review 1.00 CCO 05.3 Additional Implementation of Water Pollution Control plan for extended project duration caused by City of Ontario permit review 1.00
The time provided for completion in the contract is increased by 15 working days. The revised completion date is 9/15/2022 The sum of

NET CHANGE IN CONTRACT PRICE
and the total adjusted contract price to date
This document shall become an amendment to the contract and all provisions of the contract will apply hereto. This Change Order constitutes a complete and final resolution of all claims of the contract for additional time or additional compensation related to or affected by work that is the subject of this Change Order. Quantities of items other than Lump Sum are not to exceed the amounts indicated.
2022-063
Benson Avenue Storm Drain Project

QUANTITY
Adjusted Contract Amount:

THE CONTRACT IS CHANGED AS FOLLOWS:

Previously Authorized Contract Change Orders:

ITEM
NO.

CONTRACT NO.:

Original Contract Amount:

SD-200

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CONTRACT CHANGE ORDER
CHANGE ORDER NO: 0501/03/23
Authorized Amount For This Contract Change Order:

DESCRIPTION
CCO 05.2 Additional traffic control for extended project duration caused by City of Ontario permit review 1.00 thereby is
is hereby applied to the contract price of $1,848,455.00 $123,626.86

TOTAL CHANGE ON PREVIOUSLY AUTHORIZED CONTRACT CHANGE ORDERS Additional traffic control signage required by City of Ontario Engineering Dept. requirements 1.00 CCO 05.5 Additional yard rental fees due to extended project duration caused by City of Ontario permit 5.00 CCO 05.6 Additional Chino Water Department fees due to extended project duration caused by City of Ontario permit review 1.00
CCO 05.7 Additional OMUC fees due to extended project duration caused by City of Ontario permit review 1.00 CCO 05.8 Additional Monte Vista Water Department fees due to extended duration caused by City of Ontario permit review 1.00
CCO 05.11 Additional striping cost due to City of Ontario striping requirements 1.00 CCO 05.9 Additional sewer camera inspection per City of Ontario permit requirements 1.00 CCO 05.10

Page 1 of 3 ends

12.13.a
Approve Construction Contract Increase - C.P.

Packet Pg. 88
EUNICE M. ULLOA CURTIS BURTON
Mayor CHRISTOPHER FLORES

DATE: CONTRACT NO.:

ACCEPTED BY: Mike Pfister
RECOMMENDED BY: James Pagani
APPROVED BY: Maria Fraser, PE
APPROVED BY: Amer Jakher, PE
Director of Public Works
APPROVED BY: Linda Reich
ATTEST:

CIP Manager
Date
Date

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CONTRACT CHANGE ORDER
Date
Project Manager
NOTE: All workmanship and materials called for by this Change Order shall be fully in accordance with the original Contract Document insofar as the same may be applied without conflict to the conditions set forth by this Change Order. The time for completing the Contract will not be extended unless expressly provided for in the Change Order This Change Order shall not be considered as such until it has been signed by authorized representatives of the Contractor and the City. Upon final approval, distribution of copies will be made as required.

City Clerk
CHANGE ORDER NO: 05
Date
2022-063
DateContractor
01/03/23
SD200
DateCity Manager

Page 2 of 3 ends

12.13.a
Approve Construction Contract Increase - C.P.

Packet Pg. 89
EUNICE M. ULLOA CURTIS BURTON
Mayor CHRISTOPHER FLORES

DATE: CONTRACT NO.:

1. Necessity for change:

2. Is proposed change an alternate bid?

3. Will proposed change alter the project scope?

4. Effect of this change on project contractors? None

5. Has consent of surety been obtained?

6. If Yes, will the policies be extended?

7. Effect on operation and maintenance costs: None.

DISTRIBUTION:

Original: Contract File/City Clerk
Copy: Project Engineer for Contractor
Management Analyst (2)
Project File
PW CO File
CHANGE ORDER NO: 05
Will this change effect expiration or extent of insurance coverage? See page 1.

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CONTRACT CHANGE ORDER
SD200
01/03/23

REQUEST AND JUSTIFICATION FOR CHANGE
2022-063
No
Yes
Yes
No
No
No
No
Not Necessary
Yes
Yes
Yes
Yes

Page 3 of 3 ends

12.13.a
Approve Construction Contract Increase - C.P.

Packet Pg. 90

Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

ADMINISTRATION DEPARTMENT

COUNCIL MEETING DATE: MARCH 7, 2023

TO: CITY COUNCIL MEMBERS, CITY OF CHINO

FROM: EUNICE M. ULLOA, MAYOR

SUBJECT: PLANNING COMMISSION APPOINTMENT.

RECOMMENDATION
Approve the appointment of Joanna Chavez to the Planning Commission for a term ending January 1, 2024.

FISCAL IMPACT
There is no fiscal impact associated with this action.

13.14 MAYOR AND COUNCIL REPORTS
Packet Pg. 91
COUNCIL MEETING DATE: MARCH 7, 2023
SUBJECT: PLANNING COMMISSION APPOINTMENT
PAGE 2

BACKGROUND
The Chino Planning Commission is a seven -member board that oversees and advises the Cit y Council on specific quality of life issues. The Planning Commission reviews land uses, approves development projects, and offers guidance on all planning -related issues. Pursuant to Chino Municipal Code Section 2.36.020, members of the Planning Commissio n are appointed by the Mayor with the approval of the City Council and serve for a term of four years.

At the December 13, 2022 meeting, the City Council considered and approved a schedule, application, and interview process to fill one vacancy on the Plan ning Commission created by the election of member Curtis Burton to the City Council.

ISSUES/ANALYSIS
Per the appointment process detailed and approved on December 13, 2022, the City began accepting applications from interested residents for the Planning C ommission. A total of nine applications were received.

In January 2023, Mayor Ulloa and Council Member Burton, who is the Council liaison to the Planning Commission, interviewed all nine applicants. After interviewing the applicants, Mayor Ulloa and Counc il Member Burton selected Joanna Chavez for appointment to the Planning Commission. Per Chino Municipal Code Section 2.36.020, Mayor Ulloa wishes to make the appointment with the approval of the City Council.

Therefore, per the recommendation made by the M ayor and Council Member Burton, it is recommended that the City Council approve the appointment of Joanna Chavez to the Planning Commission for a term ending January 1, 2024.

13.14 MAYOR AND COUNCIL REPORTS
Packet Pg. 92

Chino City CouncilMarch 7, 2023

Chino City Council
March 7, 2023