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) which is available at the entrance to the City Council Chambers .
Additionally, members of the public may submit electronic inquiries or comments by submitting emails to [email protected]
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 major ity 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, Chino. In addition, such documents w ill be posted on the City’s website a t 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 APRIL 4, 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 Ci ty Council about the closed session items. Ordinance No. 97 -08 (Chino Municipal Code Section 2.04.090) limits speakers to no more than five (5) minutes in which to address the Council, except as provided under Government Code 54954.3(b)(2).
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9
Number of Potential Cases: One
Claimant: K. Hovnanian's Sonata at the Preserve LLC
FLAG SALUTE
CEREMONIALS
CHINO CITY COUNCIL
APRIL 4, 2023 2
Proclamations
Arbor Day - April 7, 2023
Autism Awareness Month - April 2023
Child Abuse Prevention Month - April 2023
DMV Donate Life Month - April 2023
National Public Safety Telecommunicators Week - April 9th-15th, 2023 Presentations
Business of the Month April 2023 - O.F. Wolfinbarger, Inc.
Mayor's Home Beautification Award April 2023
REPORT OUT OF CLOSED SESSION
AGENDA ADDITIONS/REVISIONS
PUBLIC ANNOUNCEMENTS
This is the time and place for the Mayor to inform the public of all upcoming events and past occurrences of communitywide interest and concern.
PUBLIC COMMENTS
This is the time and place for the general public to address the City 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 this time, members of the public may present testimony as to why an item should be removed from the Consent Calendar for separate discussion. Unless a member of the public or City Council requests that an item be remove d from the Consent Calen dar, 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 764506 to 764727, and Electronic Fund Transfers 516932E to 517032E, totaling $3,359,405.75.
2. Minutes. Regular Meeting February 7, 2023 (All Members Present)
3. Elected City Officials’ Report Regarding Travel, Training, and Meeti ngs. Receive and file the Elected City Officials' Report reflecting City Council business related expenses incurred by the City and forecast of future events and trainings.
4. Adoption of Ordinance No. 2023-010 - Assembly Bill (AB) 481 Policy Update (Second Reading).
Adopt Ordinance No. 2023 -010, an Ordinance of the City of Chino, California to approve the updated Chino Police Department's AB 481 Funding, Acquisition and Use Policy (Second Reading).
CHINO CITY COUNCIL
APRIL 4, 2023 3
ORDINANCE NO. 2023-010
AN ORDINANCE OF THE CITY COUNCI L OF THE CITY OF CHINO, CALIFORNIA APPROVING THE UPDATED CHINO POLICE DEPARTMENT’S AB 481 FUNDING, ACQUISITION, AND USE POLICY.
5. Adoption of Ordinance No. 2023 -007 Campaign Disclosure Statement Filings (Sec ond Reading). Adopt Ordinance No. 2023 -007, an Ordinance of the City of Chino, California authorizing the City to allow electronic and paper campaign disclosure statements (Second Reading).
ORDINANCE NO. 2023-007
AN ORDINANCE OF THE CITY OF CHINO, CALIFORNIA, ADDING CHAPTER 2.72 TO TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE CHINO MUNICIPAL CODE AUTHORIZING
ELECTRONIC AND PAPER METHODS OF FILING CAMPAIGN FINANCE DISCLOSURE
STATEMENTS
6. Amendment to Professional Services Agreement with Aleshire & Wynder, LLP . Adopt Resolution No. 2023 -020 and appro ve an amendment to the City of Chino’s Professional Services Agreement with Aleshire & Wynder, LLP increasing the hourly rate for select City Attorney services.
7. 2022 Chino Climate Action Plan Annual Report. Receive and file the 2022 Chino Climate Action Plan Annual Progress Report, which outlines the City's progress to reduce Greenhouse Gas (GHG) emissions.
8. 2022 General Plan and Housing Element Annual Report . Receive and file the 2022 General Plan and Housing Element Annual Reports which will subs equently be filed with the Governor's Office of Planning and Research and the California Department of Housing and Community Development.
9. Project Specific Maintenance Agreement for Drainage / Amendme nt No. 1 Landscape Maintenance Agreement for Master S ite Approvals PL18 -0070 & PL18 -0072. Approve the Project Specific Maintenance Agreement between the City of Chino and Caltrans for the maintenance of drainage improvements within the State Highway righ t of way along Euclid Avenue associated with Master Si te Approvals PL18 -0070 and PL18 -0072 and amend the existing Landscape Maintenance Agreement between the City and Euclid APG LLC to include the above-mentioned drainage improvements.
10. Vendor Cap Inc rease. Approve a vendor cap increase to Curt Pringle a nd Associates in the amount of $18,000 for ongoing communication strategy services.
11. Civica Law Group Contract Amendment . Approve contract amendment, vendor cap increase and appropriation for FY 22-23 for Civica Law Group.
12. Approve Change Order: 3 -System Storm Drain Project (SD153) . Approve a construction contingency increase of $5,276 and approve a construction contract change order in the amount of $7,083 for 3-System storm drain (SD153).
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PUBLIC HEARING
Prior to the vote of the City Council, any member of the audience will have the opportunity to address Council on any items listed under Public Hearings. Council requests, but it is not required, that you state your name and address prior to making any remarks.
CHINO CITY COUNCIL
APRIL 4, 2023 4
13. Adoption of Resolution No. 2023-014, General Plan Amendment; Introduction of Ordinance No. 2023-008, Zoning Ordinance Amendment and Zone Change; Introduction of Ordinance No. 2023-009, Eucalyptus Busin ess Park Specific Plan Amendment, Majestic Spectrum Spe cific Plan Amendment and East Chino Specific Plan Amendment; Adoption of Resolution No. 2023 - 015, Addendum to the 2021 -2029 Housing Element Negative Declaration; and Approval of Resolution No. 2023 -016, In -Lieu fees . Mixed Use and Affordable Housing Overl ay District Standards – PL22-0076 (General Plan Amendment), PL22 -0077 (Zone Change), PL22 -0078 (Zoning Ordinance Amendment), PL22 0089 (Eucalyptus Business Park Specific Plan Amendment), PL22 -0090 (Maj estic Spectrum Specific Plan Amendment), PL22 -0091 (Eas t Chino Specific Plan Amendment) and approval of Affordable Housing In-Lieu fee.
Staff Report by: Nicholas S. Liguori Director of Development Services.
RECOMMENDATION: 1) Conduct a public hearing; 2) a dopt Resolution No. 2023 -015 approving an addendum to t he 2021 -2029 Housing Element Negative Declaration (SCH No. 2021100569) (ND); 3) adopt Resolution No. 2023 -014 approving General Plan Amendment PL22-0076; 4) approve the introduction of Ordinance No. 20 23-008 Zoning Ordinance Amendment PL22-0078 and Zone Change PL22-0077; 5) approve the introduction of Ordinance No. 2023 -009 approving Eucalyptus Business Park Specific Plan Amendment PL22 -0089, Majestic Spectrum Specific Plan Amendment PL22 -0090, and East Chino Specific Plan Amendment PL22 -0091; and 6) adopt Resolution No. 2023 -016 approving a Mixed Use and Affordable Housing District In-Lieu fee.
ORDINANCE NO. 2023-008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING TITLE 20 (ZONING) OF THE CHINO MUNICIPAL CODE TO UPDATE THE
FOLLOWING CHAPTERS IN ACCORDANCE WITH THE AFFORDABLE HOUSING AND MIXED USE OVERLAY DISTRICTS: CHAPTER 20.03 (ZONING DISTRICTS AND ZONING MAPS), CHAPTER 20.08 (AGRICULTURAL, OPEN SPACE AND PUBLIC ZONING DISTRICTS), CHAPTER 20.09 (OVERLAY DISTRICTS), CHAPTER 20.18 (PARKING), CHAPTER 20.21 (STANDARDS FOR SPECIFIC LAND USES), CHAPTER 20.23 (ADMINISTRATION), AND CHAPTER 20.24 (GLOSSARY) AND AMENDING THE ZONING
MAP TO IDENTIFY THE LOCATION OF THE AFFORDABLE HOUSING AND MIXED USE OVERLAY DISTRICT SITES TO BE CONSISTENT WITH THE CITY’S 2021 -2029 HOUSING
ELEMENT
ORDINANCE NO. 2023-009
AN ORDINAN CE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA,
AMENDING THE EAST CHINO SPECIFIC PLAN, THE EUCALYPTUS BUSINESS PARK
SPECIFIC PLAN, AND MAJESTIC SPECTRUM SPECIFIC PLAN REVIS ING THE TEXT OF
VARIOUS SECTIONS WITHIN THESE SPECIFIC PLANS RELATED TO THE ADDITION OF
THE AFFORDABLE HOUSING AND MIXED USE OVERLAY DISTRICTS TO THE ZONING CODE (TITLE 20 OF THE MUNICIPAL CODE). PL22 -0089 (EUCALYPTUS BUSINESS PARK SPECIFIC PLAN AMENDMENT ), PL22 -0090 (MAJESTIC SPECTRUM SPECIFIC PLAN AMENDMENT), AND PL22-0091 (EAST CHINO SPECIFIC PLAN AMENDMENT
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APRIL 4, 2023 5
NEW BUSINESS
14. Approval for City Participation in National Opioid Settlements with Teva, Allergan, Walmart, Walgreens, and CVS . Approval of a Resolution for participation in the National Opioid Settlements with Teva, Allergan, Walmart, Walgreens, and CVS Staff Report by: Fred Galante, City Attorney.
RECOMMENDATION: That the City Co uncil consider and approve 1) Settle ment Agreements and Participation Forms for the City’s participation in the National Opioid Settlement Agreements with Teva, Allergan, Walmart, Walgreens, and CVS; 2) California State-Subdivision Agreements Regarding Dis tribution and Use of Settlement Fund s relating to said National Opioid Settlement Agreements; and 3) Adopt a Resolution approving and authorizing the City Manager to carry out all necessary acts such that the City can participate in the National Opioid Settlements, including signing documents and transmittal thereof as necessary.
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15. Trash and Sewer Rate Structure. Adopt Resolution No. 2023-022, setting the time and place for the public hearings to consider majority protest proceedings on proposed increases to the rates, fees, and charges for sanitary sewer, refuse and recycling services Staff Report by: Joslyn Blakely, Project Coordinator.
RECOMMENDATION: Adopt Resolution No. 2023-022 setting the time and place for the public hearings to consider majority protest proceedings on proposed increases to the rates, fees, and charges for sanitary sewer, refuse and recycling services.
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16. Adoption of the Local Roadway Safety Plan. Adoption of the Local Roadway Safety Plan Staff Report by: Dennis Ralls, City Traffic Engineer.
RECOMMENDATION: Adopt the City of Chino Local Roadway Safety Plan.
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17. Award of Contract - TR152, TR211, & TR214 Traffic Signal Cabinet and Wiring Upgrad es.
Award a contract to Internation al Line Builders, Inc, Corona, CA, in the amount of $613,571 for project numbers TR152, TR211, and TR214 - Traffic Signal Cabinet and Wiring Upgrades at Various Locations
Staff Report by: Dennis Ralls, City Traffic Engineer.
RECOMMENDATION: 1) Appropriate $156,146 from the unappropriated reserves of the Road Maintenance Rehab Account Fund 327, with a corresponding increase to the Traffic Signal Modification Project (TR211) for a revised project budget of $419,476.67; 2) a ward a construction contract in the amount of $613,571 to International Line Builders, Inc. dba ILB Electric, Corona, CA, for Projects TR152, TR211, and TR214 - Traffic Signal Cabinet and Wiring Upgrades at Various Locations; 3) authorize expenditures of u p to $92,035 for construction contingency for a total construction contract amount not -to-exceed $705,606; 4) authorize expenditures of $61,360 for construction management and $30,681 for inspection costs; and 4) authorize the City Manager to execute the necessary documents on behalf of the City.
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CHINO CITY COUNCIL
APRIL 4, 2023 6
18. Notice of Completion - MS202/ST221 Sidewalk/Crossing Access Improvements and Norton Cul- de-Sac. Accept Project No. MS202/ST221 - Sidewalk/Crossing Access Improvements and Norton Cul-de-Sac as complete and authorize the Director of Public Works to file the Notice of Completion.
Staff Report by: Maria Fraser, CIP Engineering Manager.
RECOMMENDATION: 1) Accept Chino Avenue and Norton Avenue Cul -De-Sac Accessibility Improvement Projec t (MS202 and ST221) by EBS General E ngineering, Inc., Corona, CA, Contract 2022-311, 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.
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19. Reimbursement A greement for the Chino High School Reconstruction Project . Approve increases to applicable costs associated with the Reimbursement Agreement by $414,291.77 with Chino Valley Unified School District for the Chino High Sc hool Reconstruction Project ST182 for a Revised Amount of $1,541,291.77
Staff Report by: Michele Hindersinn, Associate Civil Engineer.
RECOMMENDATION: 1) Approve increases to applicable costs associated with the City's share of the Reimbursement Agreement 2021202, with Chino Valley Unified S chool District for the Chino High School Reconstruction Project ST182 by $414,291.77, for a revised not -to-exceed agreement amount of $1,541,291.77 and 2) authorize the City Manager to execute necessary documents on behalf of the City.
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MAYOR AND COUNCIL REPORTS
This is the time and place for the Mayor and Council Members to report on prescheduled Council Committee Assignment Meetings that were held since the last Regular Council Meeting, and any other items of interest. Upon request by an individual Council Member, the City Council may choose to take action on any of the subject matters listed below.
Mayor Ulloa
20. City Legislative Positions . Consider and approve the proposed City positi ons on pending legislation.
Staff Report by: Mayor Eunice M. Ulloa and Mayor Pro Tem Karen C. Comstock.
RECOMMENDATION: Consider, discuss, and if deemed appropriate, approve the proposed City positions on pending legislation and authorize that letters be s ent promoting these official stances.
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Mayor Pro Tem Comstock
Council Member Burton
21. Community Support Contribution. Approve community support fund contributions to: UCHOOZ and Chino Valley YMCA Sustaining Campaign.
Staff Report by: Council Member Burton.
CHINO CITY COUNCIL
APRIL 4, 2023 7
RECOMMENDATION: Approve community support fund contributions to: UCHOOZ ($500) and the Chino Valley YMCA for its Sustaining Campaign ($500).
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Council Member Flores
22. Community Support Contribution. Approve community support fund contributions in the amount of $500 each to Chino High School Band - 77th Calvary and Chino Pumas Track Club.
Staff Report by: Council Member Flores.
RECOMMENDATION: Approve community support fund contributions in th e amount of $500 each to Chino High School Band - 77th Calvary and Chino Pumas Track Club.
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Council Member Lucio
City Manager's Report
City Attorney's Report
Police Chief's Report
Fire Chief's Report
ADJOURN
The next meeting of the City Council will be a Workshop held on Tuesday, April 11, 2023 at 4:00 p.m. The next Regular Meeting of the City Council will be held on Tuesday, April 18, 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 29, 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
Proclamation - Arbor Day (4/7/23)
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5.a
Autism Awareness Month Proclamation
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5.a
Child Abuse Prevention Month Proclamation
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5.a
Donate for Life Month - April 2023
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5.a
National Public Safety Telecommunicators Week
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Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
FINANCE DEPARTMENT
COUNCIL MEETING DATE: APRIL 4, 2023
TO: LINDA REICH, CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE
SUBJECT: WARRANTS.
RECOMMENDATION
Approve expenses as audited and within budget for warrants 764506 to 764727, and Electronic Fund Transfers 516932E to 517032E, totaling $3,359,405.75.
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
10.1 CONSENT CALENDAR
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COUNCIL MEETING DATE: APRIL 4, 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. 764506 – 764589 3/2/23 22-23 $448,318.80
2. 764590 – 764727 3/9/23 22-23 $1,389,624.87
3. 516932E – 516983E 3/3/23 22-23 $1,148,245.71
4. 516984E – 517032E 3/10/23 22-23 $373,216.37
E: Electronic Fund Transfers
TOTAL $3,359,405.75
ISSUES/ANALYSIS
See attached exhibit for detailed information on warrants exceeding $50,000.
RB:hm
Attachment: Exhibit 1
10.1 CONSENT CALENDAR
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Council Meeting 4/4/23
CITY OF CHINO
A/P Warrant Register Over $50,000
Check
Number
Check Date Vendor Name Description Amount
764531 03/02/2023 PALP, INC. FY21/22 LOCAL STREET OVERLAY PROJECT $61,585.47 764541 J & S STRIPING CO., INC. STREET STRIPING & PAVEMENT SERVICES $123,573.95 516959 03/03/2023 INLAND EMPIRE UTILITIES AGENCY SEWAGE TREATMENT SERVICES $752,742.33 516962 MERCHANTS LANDSCAPE SERVICES, INC. LANDSCAPE MAINTENANCE $55,318.02 516972 SILVER & WRIGHT LLP OUTSIDE ATTY SERVICES $86,108.03 764610 03/09/2023 C P CONSTRUCTION CO, INC. BENSON AVENUE STORM DRAIN $744,371.83 764648 HAZEN AND SAWYER DESIGN OF STATE ST. H20 $61,158.15 764700 SO CAL EDISON CO SERVICE PERIOD: 01/06-02/28 $154,304.87 764720 WASTE MANAGEMENT COLLECTION SERVICES $101,884.65 517004 03/10/2023 HERITAGE DESIGN BUILD & CONSULTING STREET LIGHT MAINTENANCE $144,700.01 517008 INLAND EMPIRE UTILITIES AGENCY /NON-RECLAIMABLE WASTEWATER $52,942.73
11 TOTAL $2,338,690.04
10.1.a
Warrants
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CHINO CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
REGULAR MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY FEBRUARY 7, 2023
CLOSED SESSION – 6:00 PM
OPEN SESSION – 7:00 PM
MINUTES
CALL TO ORDER
The February 7, 2023 , Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 6:00 p.m. by Mayor Eunice M. Ulloa in the Council Chambers.
ROLL CALL
PRESENT: Mayor Eunice M. Ulloa, Mayor Pro Tem Karen C. Comstock, Council Member Curtis Burton, Council Member Christopher Flores, Council Member Marc Lucio.
ABSENT: None
CLOSED SESSION PUBLIC COMMENTS
There were no requests to speak.
CLOSED SESSION
City Attorney Fred Galante read into the record the items listed on the Closed Session agenda.
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Paragraph (4) of Subdivision (d) of Government Code Section 54956.9.
Number of Cases: One Case.
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION.
Pursuant to Paragraph (1) of Subdivision (d) of Government Code Section 54956.9:
Chino Basin Municipal Water District v. City of Chino, et al. (Case No. RCVRS 51010).
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION.
Pursuant to Government Code Section 54956.9(d)(1):
City of Chino v. Jianyun Wang, et al. (San Bernardino County Superior Court Case No. CIVSB2108062).
4. LIABILITY CLAIMS.
Pursuant to Section 54956.95:
Claimant: Stubbie Barr
Agency claimed against: City of Chino
10.2 CONSENT CALENDAR
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CHINO CITY COUNCIL
FEBRUARY 7, 2023 2
The City Council recessed to Closed Session at 6:02 p.m.
The City Council concluded Closed Session at 7:03 p.m. and reconvened the regular meeting at 7:06 p.m.
FLAG SALUTE
Council Member Flores led the assembly in reciting the Pledge of Allegiance.
CEREMONIALS
Presentations
Mayor Ulloa recognized Malin's Pool & Patio Supply as February 2023 Business of the Mon th.
Also presented was an acknowledgement from Senator Susan Rubio. Larry, Lynn, and Jennifer from Malin's Pool & Patio Supply were present to accept the award.
Mayor Ulloa recognized the February 2023 Mayor's Home Beautification Award recipient Marie Jaureguy who was present to accept the award.
REPORT OUT OF CLOSED SESSION
City Attorney Fred Galante announced the City Council will adjourn back into Closed Session after the Regular Meeting and reported out of closed session as follows:
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Paragraph (4) of Subdivision (d) of Government Code Section 54956.9.
Number of Cases: One Case.
Closed session item #1 was not discussed.
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION.
Pursuant to Paragraph (1) of Subdivision (d) of Government Code Section 54956.9:
Chino Basin Municipal Water District v. City of Chino, et al. (Case No. RCVRS 51010).
The City Council was briefed by Attorney Jimmy Gutierrez and voted to proceed with an appeal to Judge Ochoa’s order authorizing the Chino Basin Watermaster’s budget action to fund CEQA review.
Moved by Council Member Lucio, seconded by Mayor Pro Tem Comstock, and carried on a 5-0 vote to approve the authorization for Attorney Jimmy Gutierrez to proceed with an appeal to Judge Ochoa’s order that authorized the Watermaster’s budget action to fund CEQA review.
AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.
NOES: NONE.
ABSENT: NONE.
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION.
Pursuant to Government Code Section 54956.9(d)(1):
City of Chino v. Jiany un Wang, et al. (San Bernardino County Superior Court Case No. CIVSB2108062).
The City Council received a briefing from Attorney Matt Silver and no reportable action was taken.
10.2 CONSENT CALENDAR
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CHINO CITY COUNCIL
FEBRUARY 7, 2023 3
4. LIABILITY CLAIMS.
Pursuant to Section 54956.95:
Claimant: Stubbie Barr
Agency claimed against: City of Chino
Closed session item #4 was not discussed.
AGENDA ADDITIONS/REVISIONS
City Manager Linda Reich reported there were no changes to the agenda.
INFORMATION
Mayor Ulloa announced the Economic Development Report for January 2023 is included in the agenda packet for review.
PUBLIC ANNOUNCEMENTS
Mayor Ulloa issued a reminder about the following scheduled community events and holiday closure:
• The MLB Pitch, Hit & Run is taking place on Saturday, February 25, at Ayala Park, Fields 1 and 2, from 9:00 a.m.-2:00 p.m. This is a free event for young athletes ages 7 to 14 to show off their baseball skills by competing in three areas: pitching, hitting, and running.
For more information, please call 909-334-3260.
• The Chino Youth Museum’s DairyAire 5K and Fun Run is taking place on Saturday, March 4, at Ayala Park near the Ayala Park Operations Center. The Kids Fun Run will begin at 8:00 a.m., and the 5K Run will begin at 8:15 a.m. Registration is required, and those who register on or before February 25 will receive a $5 discount. For more information, please call the Children’s Youth Museum at 909-334-3270.
• City Hall will be closed on Monday, February 20 in observance of President’s Day. City Hall will reopen the following day at its regular operating hours of 7:30 a.m. to 5:30 p.m.
Mayor Ulloa announced we will sadly be adjourning in the memory of Alvin Gerritsen. Alvin was a longtime Chino resident and businessowner . On behalf of the City Co uncil, Mayor Ulloa extended thoughts and prayers to the Gerritsen family during this very difficult time.
PUBLIC COMMENTS
David Bustamante of Calvary Chapel Chino Valley provided the Invocation.
Julia Cabrera, Chino Valley Chamber of Commerce provided an update on upcoming events and programs.
Melissa Compani from San Bernardino County Supervisor Curt Hagman’s Office shared about an upcoming document shredding event in Montclair for District 4 San Bernardino County residents and announced the next document shredding event in June will be in Chino.
Laura Brantley , Communications Director from California Senator Susan Rubio’s Office, introduced herself and provided an introduction of the Senator’s office.
10.2 CONSENT CALENDAR
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CHINO CITY COUNCIL
FEBRUARY 7, 2023 4
Diane Boudreaux requested the City Counc il advocate for the State to not close the California Institution for Men yard in Chino where she currently works due to important resources being provided at the location.
George Rogers, resident of Chino, spoke regarding concerns of noise from barking dogs at the Chino Hills Animal Hospital located near his residence.
CONSENT CALENDAR
1. Warrants. Approve expenses as audited and within budget for warrants 763780 to 763945, Electronic Fund Transfers 516641E to 516723E, totaling $3,217,666.57.
2. Minutes. Special Meeting of December 13, 2022 (All Members Present).
3. Elected City Officials’ Report Regarding Travel, Training, and Meetings . Receive and file the Elected City Officials' Report reflecting City Council business related expenses incurred by the City and forecast of future events and trainings.
4. Annual Adoption of City of Chino and Successor Agency Investment Policy . Adopt City Resolution No. 2023-008 and Successor Agency Resolution No. 2023-001 containing the City of Chino and Successor Agency Statement of Investment Policy.
5. Acceptance of Additional Public Improvements Constructed but Inadvertently Omitted from Prior Agenda for The Lewis Companies . City Council acceptance of additional pub lic improvements constructed but inadvertently omitted from prior agenda for The Lewis Companies.
6. Officer Wellness and Mental Health Grant Funds Appropriation. Accept and approve the use of the grant funds in the amount of $77,931.18 for the identifie d expenditure areas of the Officer Wellness and Mental Health Grant.
7. Award of Contract - Police Department Evidence Storage Room Rolling Shelf Project (IB234) .
Award a construction contract in the amount of $83,400.64 to McMurray Stern, Inc. -Spacesaver Corporation, Santa Fe Springs, CA for the Police Department Evidence Storage Room -Rolling Shelf Project (IB234).
8. Award of Contract - Central Plant Cooling Tower Replacement Project (IB238). Award a contract in the amount of $50,022 to CE Mechanical, Inc., Chino, CA for the Central Plant Cooling Tower Replacement project (IB238).
Moved by Mayor Pro Tem Comstock, seconded by Council Member Flores, and carried on a 5-0 vote to approve Consent Calendar Items 1-8.
AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.
NOES: NONE.
ABSENT: NONE.
PUBLIC HEARING
9. Annexation to the Landscape and Lighting District for the Chino Hills Animal Hospital Addition Project - 3415 Chino Avenue (PL18 -0106). Approve Resolution No. 2023-007 ordering the annexation of PL18-0106 into the Landscape and Lighting District No. 2002-1 (Annexation/Zone No. 89) located at 3415 Chino Avenue.
Mayor Ulloa opened the public hearing.
10.2 CONSENT CALENDAR
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CHINO CITY COUNCIL
FEBRUARY 7, 2023 5
Jesus Plasencia, Assistant City Engineer provided a report on the item.
Mayor Ulloa inquired about the use of the addition and Mr. Plasencia shared it was for an expansion to the veterinary hospital services structure portion of the facility.
Hearing no request to speak, Mayor Ulloa closed the public hearing.
Moved by Council Member Lucio, seconded by Council Member Flores, and carried on a 5-0 vote to 1) Conduct a public hearing; 2) approve Resolution No. 2023 -007 ordering the annexation of Landscape and Lighting District No. 2002 -1 (Annexation/Zone No. 89); and 3) authorize the City Manager to execute the necessary documents on behalf of the City.
AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.
NOES: NONE.
ABSENT: NONE.
NEW BUSINESS
10. Approval of an Agreement with Pollak, Vida, & Barer. Approve an agreement with Pollak, Vida, & Barer, Los Angeles, CA in the amount of $40,000 to appeal the denial of the 2022 Motion Challenging Watermaster's Budget Action to Fund CEQA reviews.
Dave Crosley, Utilities Engineering & Operations Manager provided a report on the item.
Moved by Mayor Pro Tem Comstock, seconded by Council Member Flores, and carried on a 5-0 vote to 1) appropriate $40,000 from the unappropriated reserves of the Water Fund; 2) approve an agreement with Pollak, Vida, & Barer, Los Angeles, CA in an amount not to exceed $40,000; 3) authorize the City Manager to execute all documents on behalf of the City.
AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.
NOES: NONE.
ABSENT: NONE.
11. Amendment to the City's Classification and Salary Schedule . Adopt Resolution No. 2023 -012, reclassifying the part-time Management Assistant position to a full -time Management Assistant position and creating the position of Records Technician in the Administration Department.
Debbie Pacheco, Senior Management Analyst provided a report on the item.
Council Member Lucio expressed support for the position changes.
Moved by Council Member Lucio, seconded by Council Member Burton, and carried on a 5-0 vote to 1) adopt Resolution No. 2023 -012, reclassifying the part -time Management Assistant position in the Administration Department to a full -time Management Assistant position and creating the position of Records Technician; 2) appropriate $48,852 from the reserves of the General Fund for salaries; and 3) appropriate $19,541 from the reserves of the Employee Services Fund for benefits.
AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.
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NOES: NONE.
ABSENT: NONE.
12. Amendment to the City's Classification and Salary Schedule . Adopt Resolution No. 2023 -011, amending the City's Classification and Salary Schedule to provide for the reinstatement of Deputy Director positions in each City Department.
Debbie Pacheco, Senior Management Analyst provided a report on the item.
Council Member Burton asked if two Police Captains will be maintained if one of the two current Captains are promoted to a Deputy Chief position. Chief Simmons confirmed the second Captain position would be filled again as a request in the second year of the upcoming two-year budget.
Mayor Pro Tem Comstock inquired about the history of the Deputy positions and expressed support for the re -instatement of the Deputy positions and noted the importance of succession planning. Ms. Pacheco and City Manager Reich discussed the history regardi ng the Deputy positions in the past.
Council Member Lucio discussed the importance of having succession plans for the City.
Moved by Council Member Burton, seconded by Mayor Pro Tem Comstock, and carried on a 5-0 vote to adopt Resolution No. 2023-011, amending the City's Classification and Salary Schedule to provide for the reinstatement of Deputy Director positions in each City Department.
AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.
NOES: NONE.
ABSENT: NONE.
13. Introduction of Ordinance No. 2023-002. Approve the introduction of Ordinance No. 2023-002, an Ordinance of the City of Chino Amending Chapter 2.24.070 of the Chino Municipal Code - Personnel System.
Debbie Pacheco, Senior Management Analyst provided a report on the item.
City Attorney Fred Galante read the title of the Ordinance into the record by title only and waiving further reading of the Ordinance:
ORDINANCE NO. 2023-002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO AMENDING CHAPTER
2.24 OF THE CHINO MUNICIPAL CODE-- PERSONNEL SYSTEM
Moved by Mayor Pro Tem Comstock, seconded by Council Member Lucio, and carried on a 5-0 vote to approve the introduction of Ordinance No. 2023-002, an Ordinance of the City of Chino Amending Chapter 2.24.070 of the Chino Municipal C ode - Personnel System - Exempt Services.
AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.
NOES: NONE.
ABSENT: NONE.
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14. Adopt Resolution No. 2023-009. Adopt Resolution No. 2023-009, supporting legislation to begin the process to acquire the Heman G. Stark Youth Correctional Facility.
Jack Morgan, Assistant to the City Manager provided a report on the item.
City Council members provided comments in support of the resolution and potential future uses for the location.
City Attorney Galante referenced the removal of the reference to “or lease” in the Resolution.
Moved by Council Member Flores, seconded by Council Member Burton, and carried on a 5-0 vote to adopt Resolution No. 2023-009, supporting legislation to begin the negotiating process to acquire the former Heman G. Stark Youth Correctional Facility.
AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.
NOES: NONE.
ABSENT: NONE.
MAYOR AND COUNCIL REPORTS
Mayor Ulloa
15. Approval of a Letters and Proclamation. Approval of letters to the San Bernardino County Superior Court and the City's state legislators as well as a City Council Proclamation to the Riverside County Board of Supervisors.
Eunice M. Ulloa, Mayor provided a report on the item.
Moved by Council Member Flores, seconded by Council Member Burton, and carried on a 5-0 vote to approve letters to the San Bernardino County Superior Court requesting the resignation of San Bernardino County Superior Court Judge, Cara Hutson, a letter to our state legislators, and approve a City Council Proclamation to the Riverside County Board of Supervisors.
AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.
NOES: NONE.
ABSENT: NONE.
Mayor Ulloa reported on the following meetings and events attended since the last meeting that included Omnitrans Plans and Programs Committee; Chino Valley Champion ribbon cutting and open house; Water Facilities Authority Board of Directions; 91/71 Flyover ribbon cutting; Inland Empire Utilities Agency reception for new Metropolitan Water District Board President Don Ortega; San Bernardino County Transportation Authority Housing Zoom meeting; Planning Commission application interview; meeting with SBCTA, Supervisor Hagman, Chino Hills Council Member Marquez , and City staff to discuss transportation updates and funding resources; Planning Commission interviews; City of Chino Sphere of Influence and Annexation Open House; Jerry Bornstein regarding the Trama Reboot program for those who suffer from PTSD rebootrecovery.com; Ribbon Cutting of new Inland Valley Humane Society veterinary hospital; 19th Annual Inland Empire Caucus Legislative Breakfast; Southern California Water Coalition Quarterly Luncheon; celebration of life for Alvin G erritsen; Planning Commission interviews; League of California Cities New Council Member and Mayor’s training; and the 22nd Annual Run for Russ; and follow up Planning Commissioner interviews.
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Mayor Pro Tem Comstock.
16. Community Support Contribution. Approve community support fund contribution to the Chino High School Wrestling Program (Chino High School Sports Boosters).
Mayor Pro Tem Comstock provided a report on the item.
Moved by Council Member Flores, seconded by Council Member Lucio, and carried on a 5-0 vote to a pprove community support fund contribution to the Chino High School Wrestling Program (Chino High School Sports Boosters) ($250).
AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.
NOES: NONE.
ABSENT: NONE.
Mayor Pro Tem Comstock reported on the following meetings and events attended since the last meeting that included City Manager meeting; Community Services Commission meeting; vehicle storage meeting with City Staff; Ramona Ave/Francis Avenue Annexation meeting; introduction meeting with Senator Susan Rubio; meeting with City Manager; League of California Cities New Council Member and Mayor’s training; and Closed session.
Mayor Pro Tem Comstock acknowledged February as Black History Month. She also acknowledged the Run for Russ event, which she was unfortunately unable to attend this year, and thanked everyone for their work.
Council Member Burton
17. Community Support Contribution. Approve community support fund contributions to: The Chino Police Officers Foundation, Chino Kiwanis Club, Chino American Little League, and Chino National Little League.
Council Member Burton provided a report on the item.
Moved by Council Member Flores, seconded by Mayor Pro Tem Comstock, and carried on a 5 -0 vote t o a pprove community support fund contributions to: Chino Police Officers Foundation for the Run for Russ 5K/Walk ($250), the Chino Kiwanis Club for the Cornfeed Run Car Show and Cruise ($250), Chino American Little League ($500), and Chino National Little League ($500).
AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.
NOES: NONE.
ABSENT: NONE.
Council Member Burton reported on the following meetings and events attended since the last meeting that included the Chino Valley Champion Ribbon Cutting; 71/91 Project Groundbreaking; Investment Advisory Committee; Chino valley Unified School District Board Meeting; Planning Commission Interviews; City Manager meeting; Inland Empire Utilities Agency reception for new Metropolitan Water District Board President Don Ort ega; Community Services Commission Meeting; Grand Opening and Ribbon Cutting of First Bank; Community Meeting at East Sarang Community Church; Chino Valley Historical Society meeting; League of California Cities New Council Member and Mayor’s training; Run for Russ; Meet and Greet with San Bernardino County Supervisor Curt Hagman; and City Manager meeting.
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Council Member Flores
18. Community Support Contribution. Approve community support fund contributions to: Cub Scout Pack 205, Chino National Little League, Chino American Little League, and Chino Girls Fast - pitch.
Council Member Flores provided a report on the item.
Moved by Mayor Pro Tem Comstock, seconded by Council Member Lucio, and carried on a 5 -0 vote to a pprove community support fund con tributions to: Cub Scout Pack 205 ($500), Chino National Little League ($500), Chino American Little League ($500), and Chino Girls Fast-pitch ($500).
AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.
NOES: NONE.
ABSENT: NONE.
Council Member Flores reported on the following meetings and events attended since the last meeting that included the Chino Valley Champion Ribbon Cutting; 71/91 Project Groundbreaking; Investment Advisory Committee; Inland Empire Utilities Agency reception for new Metropolitan Water District Board President Don Ortega; Chamber of Commerce Board Meeting; First Bank Grand Opening; Love Them All Foundation fundraising event; League of California Cities New Council Member and Mayor’s training; and tour of KVCR tour with San Bernardino Community College District and new Executive Director Connie Leyva.
Council Member Flores thanked Mr. Rogers for providing public comment tonight.
Council Member Flores requested staff research and return with a report for Council consideration on the possibility of a utility box wrapping program to promote a positive city image.
Council Member Lucio
19. Community Support Contribution. Approve community support fund contributions to: The Chino High School Wrestling Program, Chino Boxing C lub, Chino National Little League, Chino Neighborhood House, and UCHOOZ Positive Youth.
Council Member Lucio provided a report on the item.
Moved by Council Member Burton, seconded by Mayor Pro Tem Comstock, and carried on a 5 -0 vote to a pprove community s upport fund contributions to: Chino High School Wrestling Program ($1,000), Chino Boxing Club ($1,000), Chino National Little League ($500), Chino Neighborhood House ($500), and UCHOOZ Positive Youth ($500).
AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.
NOES: NONE.
ABSENT: NONE.
Council Member Lucio reported on the following meetings and events attended since the last meeting that included Inland Empire Utilities Agency reception for new Metropolitan Water District Board President Don Ortega; City Manager meeting; truck and van storage meeting; City Manager meeting; and League of California Cities New Council Member and Mayor’s training.
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City Manager's Report
City Manager Reich provided information on the upcoming Chino Days event taking place on March 18-19, 2023 at the City Hall Lawn.
City Attorney's Report
City Attorney Galante had no report.
Police Chief's Report
Chief Simmons thanked the Council for their letters of support issued for Riverside County Sheriffs, spoke regarding the Run for Russ , invited everyone to the Kawanis Club Bunco Bash on February 4th to support the Chino Youth Museum, and reported on a successful commercial vehicle enforcement on Edison.
Fire Chief's Report
Deputy Fire Chief Dean Smith reported on the January calls for services, provided an update on ambulance services, and provided an update on planning for Fire Station 68.
CLOSED SESSION
The City Council recessed back into Closed Session at 8:47 p.m.
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Paragraph (4) of Subdivision (d) of Government Code Section 54956.9.
Number of Cases: One Case.
4. LIABILITY CLAIMS.
Pursuant to Section 54956.95:
Claimant: Stubbie Barr
Agency claimed against: City of Chino
The City Council concluded Closed Session at 9:47 p.m.
REPORT OUT OF CLOSED SESSION
City Attorney Fred Galante reported out of closed session as follows:
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Paragraph (4) of Subdivision (d) of Government Code Section 54956.9.
Number of Cases: One Case.
The City Council received an update, provided direction, and no reportable action was taken.
4. LIABILITY CLAIMS.
Pursuant to Section 54956.95:
Claimant: Stubbie Barr
Agency claimed against: City of Chino
The City Council received an update, and no reportable action was taken.
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ADJOURNED IN MEMORY OF ALVIN GERRITSEN
The meeting adjourned at 9:48 p.m. The next Regular Meeting of the City Council will be held on Tuesday, February 21, 2023 at 7:00 p.m. (Closed Session at 6:00 p.m. if necessary) in these Council Chambers.
APPROVED AND ADOPTED THIS 4th DAY OF APRIL 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: APRIL 4, 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
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COUNCIL MEETING DATE: APRIL 4, 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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APRIL 4, 2023 EXHIBIT A
Event Date Meeting Purpose and
Subject Matter
Location
City Official Attendees
April 4, 2023 Salute to Public Safety Chino Hills,
CA
Mayor Ulloa, Council
Members Burton, Council
Member Flores
Future Conference, Meeting, and Training events Council Member(s) may attend Event Date Meeting Purpose and
Subject Matter
Location
City Officials that may
attend
April 12-14, 2023 City Leaders Summit Sacramento,
CA
Council Member Burton
Council Member Comstock
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Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
ADMINISTRATION DEPARTMENT
COUNCIL MEETING DATE: APRIL 4, 2023
TO: LINDA REICH, CITY MANAGER
FROM: WES SIMMONS, CHIEF OF POLICE
SUBJECT: ADOPTION OF ORDINANCE NO. 2023 -010 - ASSEMBLY BILL (AB) 481 POLICY UPDATE (SECOND READING).
RECOMMENDATION
Approve the adoption of Ordinance No. 2023-010 to approve the updated Chino Police Department's AB 481 Funding, Acquisition and Use Policy.
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:
· Public Service Excellence through Internal and External Partnerships
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COUNCIL MEETING DATE: APRIL 4, 2023
SUBJECT: ADOPTION OF ORDINANCE NO. 2023-010 - ASSEMBLY BILL (AB) 481 POLICY
UPDATE (SECOND READING)
PAGE 2
BACKGROUND
This matter was introduced on first reading by the Council at their March 21, 2023 meeting. By the passage of this Ordinance, the City Council approves the updated Chino Police Department’s AB 481 Funding, Acquisition, and Use Policy.
Once adopted on second reading, the ordinance will go into effect thirty (30) days thereafter.
ISSUES/ANALYSIS
Ordinance No. 2023-010: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA APPROVING THE UPDATED CHINO POLICE DEPARTMENT’S AB 4 81 FUNDING, ACQUISITION, AND USE POLICY.
Attachment: Ordinance No. 2023-010
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1 Ordinance No. 2023-010
01225.0010/774838.4
ORDINANCE NO. 2023-010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA APPROVING THE UPDATED CHINO POLICE
DEPARTMENT’S AB 481 FUNDING, ACQUISITION, AND USE
POLICY.
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (creating Government Code Section 7070, et seq.), relating to use of military equipment by California law enforcement agencies;
WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used;
WHEREAS, the Chino Police Department is in possession of certain items of equipment that qualify under the broad definition of “military equipment” under AB 481; WHEREAS, AB 481 requires that a law enforcement agency possessing and using such qualifying equipment p repare a publicly released and written military equipment use policy document covering the inventory, description, purpose, use, acquisition, maintenance, fiscal impacts, procedures, training, oversight, and complaint process, applicable to the Department’s use of such equipment;
WHEREAS, Lexipol Policy 706 “The Use of Military Equipment as defined by AB 481,” was published on the Chino Police Department’s internet website on March 21, 2022. The same was presented to Chino City Council on April 19, 2022 and adopted on April 27, 2022.
WHEREAS, the Policy and supporting information must be approved by the governing body by ordinance, and reviewed annually;
WHEREAS, the City Council of the City of Chino , having received the information required under AB 481 regarding the Chino Police Department’s use of “military equipment” as defined in said law, deems it to be in the best interest of the City to approve updates to the Military Equipment Use Policy as set forth herein.
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. City Council hereby approves and adopts the following:
Military Equipment Policy.
(a) The City Council has made the following determinations:
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(1) The military equipment inventoried and presented to the City Council is necessary because there is no reason able alternative that can achieve the same objective of officer and civilian safety;
(2) This proposed updated military equipment use policy attached hereto as Exhibit “A” (“Policy”) will safeguard the public’s welfare, safety, civil rights, and civil liberties; (3) The equipment described in the Policy is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety (if any);
(4) Prior military equipment use complied with the applicable e quipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance by way of the adoption of the Policy by this Ordinance.
(b) The Chino Police Department has made the Policy available on the Police Department’s website for at least 30 days prior to the public hearing concerning the military equipment at issue and described in the Policy.
(c) The Policy was considered by the City Council as a public hearing agenda item in an open session of a regular meeting, noticed in accordance with the Ralph M. Brown Act, at which public comment was permitted at the public hearing held on March 21, 2023 at 7:00 p.m. at the Chino City Council Chambers.
(d) The Policy shall be made publicly available on the Police Department’s website for as long as the military equipment is available for use.
(e) The Chino Police Department shall submit an annual military equipment report to the City Council, containing the information required in Government Code Section 7072, and the City Council shall determine whether each type of military equipment identified in that report has complied with the standards for approval set forth in (a)(1)-(4) above. (f) The City Council shall review this Ordinance, and vote on whether to renew it, on an annual basis at a regular meeting, in accordance with Government Code Section 7071(e)(2). (g) The City Council approves the use of the Policy and finds that it satisfies the requirements of Government Code Section 7070(d).
SECTION 3. 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 4. 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.
SECTION 5. This ordinance shall become effective thirty (30) days following its adoption.
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3 Ordinance No. 2023-010
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PASSED, APPROVED, AND ADOPTED this 4th day of April, 2023
Eunice M. Ulloa, Mayor
ATTEST:
City Clerk
Attachments incorporated by reference:
1. Exhibit A — Lexipol Policy 706 “Military Equipment”
2. Exhibit B — Military Equipment Inventory as of February, 2023
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A-1 Ordinance No. ____
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Exhibit “A”
Chino Police Department
Chino PD Policy Manual
The use of "Military Equipment" as defined by AB481
Chino Police Department
Chino PD Policy Manual
The use of "Military Equipment" as defined by
AB481
708.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of "military equipment" as defined by Government Code § 7070; Government Code § 7071, and Government Code § 7072. The Chino Police Department does not use equipment obtained from the military. All equipment obtained and used by the Chino Police Department is designed for municipal police services.
708.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body – The elected or appointed body that oversees the Department.
Military equipment – Defined by and identified in Government Code Section 7071 (c) (1 - 15).
708.2 POLICY
It is the policy of the Chino Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 708.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police designates the Professional Standards Unit to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment annually.
Policy
708
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(d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Chino Police Department (Government Code § 7071). (e) Preparing for, scheduli ng, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
708.4 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the milita ry equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 708.5 COORDINATION WITH OTHER JURISDICTION
Military equipment used by any member of this jurisdiction shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies in rendering mutual aid.
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708.6 MAINTENANCE OF MILITARY USE SUPPLY LEVELS
When stocks of military equipment have reached low levels, the Department may order up to 30% of stock in a fiscal quarter without City Council's pre-approval to maintain essential availability for the police department's needs.
708.7 COMPLIANCE
The Professional Standards Unit will ensure that all Department members comply with this policy.
The Professional Standards Unit will conduct an annual audit. The Chief of Police or the authorized designee will be notified of any policy violations and, if needed, the violation(s) will be referred to the Professional Standards Unit and handled in accordance with the Personnel Complaints Policy.
All instances of non -compliance will be repor ted to Chino City Council via the annual military equipment report.
Any member of the public can register a question or concern regarding military use equipment by contacting the Chino Police Department via email at [email protected], which will be routed to the Professional Standards Unit. A response to the question or concern shall be completed by the Department in a timely manner.
Any member of the public can submit a complaint to any member of t he Department and in any form (i.e. in person, telephone, email, etc.). Once the complaint is received, it should be routed to the Professional Standards Unit in accordance with Personnel Complaints Policy. 708.8 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 708.9 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the an nual “Military Equipment” report, the Department shall hold at least one well -publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment. 708.10 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
See Exhibit “B”
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Exhibit “B”
“MILITARY EQUIPMENT” as defined by AB 481 as of February 2023
1. Unmanned, remotely piloted, powered aerial or ground vehicles (Category 1) a. Description, quantity, capabilities, and purchase cost:
i. DJI MATRICE M210, cost: approximately $8,500 each, quantity: 2. UAS that weighs approximately 10.5 pounds has infrared capability and is able to record video and audio with approximately 30 minutes of flight time. ii. DJI PHANTOM 4 PRO, cost: approximately $800 each, quantity: 2. UAS that weighs approximately 3 pounds and has video recording capabilities, approximately 30 minutes of flight time.
iii. DJI MAVIC 2 ENTERPRISE ADVANCED, cost: approximately $3,500 each, quantity: 2. UAS that weighs approximately 2.5 pounds has infrared capability and is able to record video and audio with approximately 30 minutes of flight time.
iv. DJI MAVIC AIR, cost: approximately $700 each, quantity: 2. UAS that weighs approximately 1 pound and is able to record video and audio with approximately 20 minutes of flight time.
b. Purpose: To be deployed when its view would assist officers or incident commanders with the following situations, in compliance with FAA regulations and with respect for constitutional rights and privacy, which include but are not limited to: Crime scene documentation, traffic collision scene documentation, searches for missing persons, disaster response, searches for suspects who are believed to be hiding within a defined incident perimeter, in support of search warrant or tactical operations such as barricaded suspects, mapping of critical infrastructure for Homeland Security purposes, security operations at larger public gatherings, where images are not recorded except for criminal beh avior, critical incident management, enforcement of City Municipal Codes related to Health and Safety, such as fireworks, aerial imaging services to other units of government. c. Authorized Use : Only assigned operators who have completed the required training shall be permitted to operate UAS equipment during approved missions. d. Expected Life Span: All UAS equipment, approximately 3-5 years. e. Fiscal Impac t: Annual maintenance and battery replacement cost is approximately $400.
f. Training: All Department UAS op erators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must attend a 40-hour department training and ongoing quarterly training.
g. Legal and Procedural Rules : Use is established in the Unmanned Aerial System’s Policy and FAA Regulation 14 CFR Part 107. It is the policy of the Chino Police Department to utilize UAS only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.
2. Unmanned, remotely piloted, powered aerial or ground vehicles (Category 1)
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a. Description, quantity, capabilities, and purchase cost:
i. ICOR Mini-Caliber robot, cost: approximately $80,000, quantity: 1.
Designed for rapid tactical missions, the robot is simple to operate and quick to deploy for searching rooms, hallways, stairwells, and confined spaces. With rubber tracks and articulating front and rear flippers, the Mini- CALIBER effortlessly climbs stairs. It also includes an extendible rotating claw arm that simplifies opening door handles.
ii. Recon Robotics, Throwbot XT, cost: approximately $12,000 each, quantity:
2. The Throwbot® XT is a throwable, mobile micro-robot that provides both audio and video reconnaissance of dangerous environments. Personnel can use the new micro -robot to quickly gain situational awareness during high-risk operations and surveillance missions.
b. Purpose: To be deploye d when its capabilities would assist officers or incident commanders when dealing with tactical or lifesaving operations. The robot can be directed to move through a structure and transmit real-time video and audio. These reconnaissance features can locate and identify subjects, confirm presence of hostages, and reveal building layout. These robotic technologies may be used in many different circumstances including but not limited to:
Searches for suspects who are believed to be hiding within a defined incident perimeter, in support of search warrant or tactical operations such as barricaded suspects, hostage rescue incident, crisis negotiations, disaster response.
c. Authorized Use: These robotic technologies are primarily used by trained SWAT officers, however, may be utilized by additional personnel as needed. d. Expected Life Span: Approximately 5-10 years.
e. Fiscal Impact: Warranties for these products are limited (2 years). Maintenance costs are then considered out of pocket and can range from $500 and up for repairs.
f. Training: While not required by law, specialized training in the utilization of these devices is recommended. SWAT personnel train with these devices regularly and maintain their serviceability.
g. Legal and Procedural Rules: It is the policy of the Chino Police Department to utilize a robot only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.
3. Command and Control Vehicles (Category 5)
a. Description, quantity, capabilities, and purchase cost:
LENCO BEARCAT, G2, cost: approximately $273,000, quantity: 1. The Lenco Bearcat, G2, is an armored vehicle that seats 10-12 personnel with open floor plan that allows for rescue of downed personnel or civilians. The Bearcat G2 has increased ground clearance and a robust suspension which allows for an emergency response to almost any situation. It can stop various projectiles, which provides greater safety to the community and officers beyond the protection level of shield and personal body armor.
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b. Purpose: To be used in response to critical incidents to enhance officer and community safety, imp rove scene containment and stabilization, and assist in resolving critical incidents.
c. Authorized Use: The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with department policy and training. d. Lifespan: Lenco Bearcat model G2, approximately 15 years. e. Fiscal Impact: Annual maintenance cost of approximately $1,000. f. Training: All driver/operators shall attend formalized instruction and be trained in vehicle operations and practical driving instruction.
g. Legal and Procedural Rules: Use is established in the Vehicle Use Policy. It is the policy of the Department to utilize armored vehicles only for official law enforcement purposes, and pursuant to State and Federal law.
4. Command and Control Vehicles (Category 5)
a. Description, quantity, capabilities, and purchase cost:
Mobile Command Center (MCC): A 2002 Workhorse RV, cost: approximately $195,000, quantity: 1. The MCC is a retrofit recreational vehicle containing a mobile office that provides shelter, access to police department computer systems, and restroom facilities for extended events. The MCC can also be utilized for SWAT/CNT and other critical incidents, preplanned large events, searching for missing persons, natural disasters, and community events. b. Purpose: To be used based on the specific circumstances of a giv en critical incident, large event, operations, natural disaster, or community event. c. Authorized Use: The MCC shall be used by officers trained in its deployment and in a manner consistent with department policy and training. d. Lifespan: Approximately 15 -year lifespan on chassis and vehicle structure.
Upgrades needed to maintain IT systems.
e. Fiscal Impact: Annual maintenance cost is approximately $3,500. f. Training: The driver/operator shall receive training in the safe handling of the vehicle on a closed training course. Once the driver/operator has shown competence in vehicle handling, they will be allowe d to deploy the vehicle for department authorized use.
g. Legal and Procedural Rules : Use is established in the Crisis Response Unit Policy. It is the policy of the Department to use the MCC only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.
5. Command and Control Vehicles (Category 5)
a. Description, quantity, capabilities, and purchase cost:
b. Tactical Response Vehicle (TRV) : A 201 7 Chevrolet Suburban on a 3500 Chassis, cost: approximately $83,000, quantity: 1. The TRV is used as a mobile command and control vehicle for extended operations and critical incidents. The
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TRV is outfitted with specialized equipment to support field personnel and incident commanders.
c. Purpose: To be used to facilitate command and control at critical incidents, as a rapidly deployable response vehicle. It supports the function of incident commanders until the scene is stabilized or when extended, the MCC is deployed. d. Authorized Use : The TRV shall be deployed by officers authorized for its deployment by the Watch Commander or their designee and in a manner consistent with department policy and training.
e. Lifespan: Approximately 10-year lifespan.
f. Fiscal Impact: Annual maintenance cost is approximately $1,000. g. Training: The driver/operator shall receive training or instruction in the safe handling of the vehicle.
h. Legal and Procedural Rules: Use is established in the Vehicle Use Policy. It is the policy of the department to use the TRV only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.
6. Command and Control Vehicles (Category 5)
a. Description, quantity, capabilities, and purchase cost:
b. Special Weapons and Tactics (SWAT) Team Van: A 2016 Ford Transit Van 350 Chassis, cost: approximately $39,000, quantity: 1. The SWAT Team Van is used to transport specialized SWAT Team equipment and was specially built to do so. c. Purpose: To be used for the transportation of specialized SWAT Team equipment for training and for authorized SWAT Team operations.
d. Authorized Use: The SWAT Team Van shall be used by officers authorized for its deployment by the SWAT Team Commander or their designee and in a manner consistent with department policy and training.
e. Lifespan: Approximately 10-year lifespan.
f. Fiscal Impact: Annual maintenance cost is approximately $1,000. g. Training: The driver/operator shall receive training in the safe handling of the vehicle. Once the driver/operator has shown competence in vehicle handling, they will be allowed to deploy the vehicle for department authorized use. h. Legal and Procedural Rules: Use is established in the Vehicle Use Policy. It is the policy of the department to use the SWAT Team Van only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.
7. Command and Control Vehicles (Category 5)
a. Description, quantity, capabilities, and purchase cost:
b. Crisis Negotiation Team (CNT) Van: A 2020 Ford Transit Van 350 Chassis, cost:
approximately $41,000, quantity: 1. The CNT Van is used to support the function
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of the Crisis Nego tiation Team as outlined in the Crisis Response Unit (CRU) policy.
c. Purpose: To be used for the transportation of CNT members and CNT operations conducted in support of the SWAT team.
d. Authorized Use : The CNT Van shall be used by officers authorized for its deployment by the CRU Commander or their designee and in a manner consistent with department policy and training.
e. Lifespan: Approximately 10-year lifespan.
f. Fiscal Impact: Annual maintenance cost is approximately $1,000. g. Training: The driver/operato r shall receive training in the safe handling of the vehicle. Once the driver/operator has shown competence in vehicle handling, they will be allowed to deploy the vehicle for department authorized use. h. Legal and Procedural Rules: Use is established in t he Vehicle Use Policy. It is the policy of the department to use the CNT Van only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.
8. Battering rams, slugs and breaching apparatuses that are explosive in nature (Category 7)
a. Description, quantity, capabilities, and purchase cost:
i. LENCO BEARCAT, G2 BEAR-CAT vehicles have attachable metal booms that can be used for breaching structures, fences, or ramming objects during high -risk incide nts, to include active shooter incidents on school grounds, buildings or other structures, cost: included with purchase of BEARCAT G2 quantity: 1.
ii. Ballistic Breaching is used to gain access to fortified structures using steel or security doors. The breaching rounds deployed from a shotgun and are only used by trained personnel with a legitimate law enforcement purpose.
The breaching ammunition is as follows:
(1) Royal Arms 275 grain copper frangible, cost: $4.50/round, quantity:
200 rounds. For use on solid wood doors, locks, and hinges. (2) Royal Arms 425 grain copper frangible, cost: $4.50/round, quantity 100 rounds. For use on heavy locks, dead-bolts & hinges, solid-oak, and steel doors.
(3) Royal Arms HP cutter 450 grain, cost: $5.00/round, quantity 100 rounds. Cuts re-bar, penetrates security glass, car doors, punches into engine blocks.
(4) Royal Arms copper frangible 500 grain, cost: $5.00/round, quantity 100 rounds. For use on h eavy Locks, Cross -bolts, and Hinges (Steel Doors / Steel Frames)
b. Purpose: To be used in response to critical incide nts or CRU operations to enhance officer and community safety, improve scene containment and stabilization. The use of breaching apparatus is for the rapid, positive, and
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dynamic access to an objective in order to bypass obstructions such as walls, doors and windows to gain access to a desired location with legal authority. c. Authorized Use: The use of battering rams, slugs and breaching apparatuses that are explosive in nature are limited to incidents under the direction of the CRU Commander or their designee. They shall only be used by officers trained in their deployment and in a manner consistent with department policy and training. d. Lifespan: Approximately 10 years.
e. Fiscal Impact: No measurable fiscal impact for maintenance. f. Training: All operators of this equipment shall attend formalized and continuing training in its use prior to deployment. Any personnel deploying breaching rounds will attend a course in its use prior to deployment.
g. Legal and Procedural Rules: Use is established in the Crisis Response Unit and Rapid Response and Deployment policies. It is the policy of the department to battering rams, slugs and breaching apparatuses that are explosive in nature, only for official law enforcement purposes, and pursuant to State and Federal law.
9. Specialized Firearms and Ammunition of less than .50 caliber (As defined by PC30510 and 30515) (Category 10)
a. Description, quantity, capabilities, and purchase cost:
i. Daniel Defense DDM4 MK12 Carbine, caliber: .223 and 5.56 NATO, cost:
$1700 each, quantity: 1 07. The Daniel Defense DDM4 MK12 is a high precision rifle that fires .223 caliber, and 5.56 NATO rounds accurately at close and long range. This rifle is the primary duty rifle issued for patrol officers, field personnel and specialized investigative units. ii. Daniel Defense DDM5 Carbine, caliber: 308 WIN/ 7.62 x 51mm, cost:
$2,500, quantity: 1. The Daniel Defense DDM5 is a high precision rifle that fires 308 WIN/ 7.62 x 51mm rounds accurately at close and long range.
This rifle is the pr imary duty rifle issued to a SWAT Long Rifle team member.
iii. Colt M4 Carbine, caliber: .223 and 5.56 NATO, cost: $1,700, quantity: 6.
The Colt M4 Carbine is a high precision rifle that fires .223 caliber, and 5.56 NATO rounds accurately at close an d long range. This rifle is the issued for use of specialized investigative units and as back -up SWAT team weapons.
iv. Remington 700 bolt action rifle: 308 WIN, cost: $ 900 quantity: 5. The Remington 700 rifles are long -range precision rifles that shoot 308 W IN rounds. The rifles are issued and used by our SWAT Team Long Rifle team.
(1) Ammunition: The Chino Police Department maintains an inventory of training and duty ammunition for the rifles listed above. The inventory fluctuates based upon training and the cycling out of duty ammunition, however it maintains approximately 25,000 rounds of duty ammunition and approximately 100,000 rounds of training ammunition. .
(a) The following is a list of manufacturers and types of the department’s duty ammunition:
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(i) Hornaday 168 grain ELD Match TAP Precision 308
WIN
(ii) Hornaday 165 GMX TAP Heavy Barrier 308 WIN
(iii) Speer LE Gold Dot 62 grain .223
(iv) Hornaday TAP 75 grain .223 and 5.56 NATO
(b) The Chino Police Department utilizes ammunition of various types from various reputable manufacturers for training purposes, based upon availability.
b. Purpose: To be used as precision weapons to address a threat requiring more precision and/or greater distances than that of a handgun, if present and feasible. c. Authorized Use: Only officers that complete the required POST-certified Tactical Rifle Course, which satisfies legislative training mandates as described in PC 33220, are authorized to deploy a rifle.
d. Lifespan
i. Daniel Defense DDM4 MK12 Carbine: No expiration.
ii. Daniel Defense DDM5 Carbine: No expiration.
iii. Colt M4 Carbine: No expiration.
iv. Remington 700 Bolt-action rifle: No expiration.
v. Ammunition: No expiration.
e. Fiscal Impact: Annual maintenance is approximately $50 for each rifle. f. Training: Officers shall not carry or utilize the patrol rifle unless they have successfully completed the required POST -certified Tactical Rifle Course, which satisfies legislative training mandates as described in PC 33220. O fficers shall thereafter be required to successfully complete yearly training and qualification conducted by a certified firearms instructor.
g. Legal and Procedural Rules: Use is established under the Patrol Rifles Policy. It is the policy of the Chino Poli ce Department to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
10. Flashbang Devices (Category 12)
a. Description, quantity, capabilities, and purchase cost:
A Noise Flash Diversionary Devices (NFDD) is a device that creates a bright flash and loud sound to temporarily divert the attention of subjects in the immediate area. NFDD are used to distract and temporarily incapacitate dangerous suspects by overwhelming their senses of vision and hearing. The distraction allows officers to seize a moment of opportunity to take control of high-risk situations. i. Defense Technology Distraction Device Reloadable Body Model 8933. The Low Roll® Distraction Device® is a reloadable gun steel body with hex design. This newest version of the first reusable non -bursting canisters limits movement and rolling once deployed. cost: $58 each, quantity: 50 ii. Defense Technology Distraction Device 12-gram reload Model 8901 used in conjunction with the abov e reloadable body emits a loud “bang” and a flash of light, cost: $34 each, quantity: 150
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iii. CTS Flash-Bang 9Bang Model 7290-9 emits a loud “bang” and a flash of light (9) times, cost: $100 each, quantity: 28
b. Purpose: To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short -term (6 -8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.
c. Authorized Use: Diversionary Devices shall only be used: By SWAT officers who have been trained in their proper use. In hostage and barricaded subject situations.
In high-risk warrant (search/arrest) services where there may be extreme hazards to officers. During other high-risk situations where their use would enhance officer safety. During training exercises.
d. Expected Lifespan:
i. Defense Technology #8933, 25 Uses
ii. Defense Technology #8901, 5 years
iii. CTS #7209-9, 5 years
e. Fiscal Impact: Annual cost of the program $5,000.
f. Training: The use of these devices is limited to those who have attended certified training course on their proper use.
g. Legal and Procedural Rules : It is the policy of the Chino Police Department to utilize diversionary devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. Use of force and Crisis Response Unit policies apply.
11. Explosive Breaching Tools (Category12)
a. Description, quantity, capabilities, and purchase cost:
Explosive breaching is used to gain rapid access to a room or structure when an emergent law enforcement need exists. All efforts are made to minimize the amount of energetics applied to a target, while still achieving a positive breach.
Explosive breaching materials are used to m ake breaching charges of various shapes and strength which are specifically designed for the target. The materials release gasses, heat, and light when initiated. The pressure from the gasses released presses against mediums and or the target to cause the structure of the target to fail for a successful breach. Breaching charges are specially designed to cause structural failure of the desired target. The breaching charges in stock were built in house by the designated SWAT Team Explosive Breachers. Various types, configurations, and energetic weights are maintained for use as needed. Older charges are cycled out of stock during monthly training. i. 20 pounds of C2 Sheet Explosive PETN, cost: $49.50/ pound. A PETN based sheet explosive.
ii. 1000 feet, 50 grain per foot, detonation cord PETN, $0.63/ foot. The detonating cord is a thin, flexible plastic tube usually filled with pentaerythritol tetranitrate (PETN, pentrite). With the PETN exploding at a rate of approximately 6400 m/s, any common length of detonation cord appears to explode instantaneously. It is a high -speed fuse which explodes, rather than burns, and is suitable for detonating high explosives. iii. 50 Non-electric detonators 40-foot #1 delay, $10.75 each iv. 10 PETN slip-on boosters, 20 gram, $5.50 each
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b. Purpose: To safely gain entry into a structure when an emergent law enforcement need exists.
c. Authorized Use: Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises.
d. Expected Lifespan:
i. 50 grain Detonation Cord – 5 years
ii. C2 Sheet Explosive – Until expended
iii. Non-electric detonator – Until expended
iv. Slip-on boosters – Until expended
e. Fiscal Impact: Annual cost of the program $2,000.
f. Training: All Explosive Breachers shall be licensed as a Blaster by Cal-OSHA. All Breachers will attend an approved Explosive Breaching course. g. Legal and Procedural Rules : It is the policy of the Chino Police Department to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. Use of force and Crisis Response Unit policies apply.
12. Tear Gas (Category 12)
a. Description, quantity, capabilities, and purchase cost:
Chemical agent munitions, which are commonly referred to as “tear gas,” are used by the Chino Police Department as a non-lethal tool to disperse subjects engaged in civil unrest, as described by law and AB48 and Government Code 12525.2, as well as barricaded subjects for a legitimate law enforceme nt purpose. The Chino Police Department uses chemical agents which are used by law enforcement across the United States: CS (2 -Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum) CS is an irritating agent and lachrymator (irritates the eyes and cau ses tears to flow). CS has been medically tested in the UK and US, specifically by the U.S. Army. There are no known allergic reactions to CS. OC was de-regulated in California in 1996, is endorsed by the FBI, and is available to civilians to legally posse ss (2.5oz or less). OC is an inflammatory agent which causes involuntary closure of eyes (open in 2 -5 minutes) and respiratory inflammation (subsides in approximately 2 minutes)
i. CTS #5230B – Pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire. Cost: $35 Each, quantity: 50.
ii. Defense Technology #1016 – Pyrotechnic canister grenade emitting CS smoke through for 20 to 40 seconds. This is a launchable grenade; however, it is normally used as a signaling or covering device. Though this device is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full -size tactical grenade. May be launched or hand thrown. C ost: $26.40 each, quantity:
60. iii. Defense Technology #1032 – The design of the Tri -Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a
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barricaded subject. The purpose of the Tri -Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. Cost: $38.40, quantity: 50.
iv. Defense Technology #2262 – The Ferret® 40mm Round is non -burning and suitable for indoor use. Used primarily by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone rupture s and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects. Cost: $23.60, quantity: 100.
v. Defense Technology #6182 Spede-Heat™ - The Spede-Heat™ CS Long- Range Munitions delivers one chemical canister of CS agent from a 40 mm launcher down range up to 150 yards. The Spede-Heat™ is a pyrotechnic round designed specifically for outdoor use in crowd control situations with a high-volume continuous burn that expels its payload in approximately 20- 40 seconds from a single source. Cost: $31 each, quantity: 90. vi. Defense Technology #1026 Triple-Chaser – The Triple -Chaser C S consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart allowing increased area coverage in a short period of time. This is a hand -thrown muni tion. Cost $38.50 each , quantity: 8.
vii. Defense Technology #1080 Riot Control OC - The Riot Control OC grenade is designed specifically for outdoor use in crowd control situations with a high volume of continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located at the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd. This is a hand -thrown munition. Cost: #38.50 each, quantity: 5.
viii. Defense Technology #6042 Muzzle Blast CS – The Muzzle Blast CS round can be used in crowd management and in tactical operations such as a barricaded subject, room clearing, area denial and for small space contamination. As a pain compliance round it is an excellent device for deploying chemical-laden CS powder at close ranges. This is deployed from a 40mm launcher. Cost: $31 each, quantity: 10.
ix. Defense Technology #6040 Muzzle Blast OC – The Muzzle Blast OC round can be used in crowd management and in tactical operations such as a barricaded su bject, room clearing, area denial and for small space contamination. As a pain compliance round it is an excellent device for deploying chemical-laden OC powder at close ranges. This is deployed from a 40mm launcher. Cost: $31 each, quantity: 6.
x. Defense Technology #1097 Rubber Ball CS Blast – The Rubber Ball CS Blast grenade is a maximum effed device that delivers three stimuli for psychological and physiological effects: light, sound, and CS. The Rubber Ball CS Blast combines loud report and flash with effects of chemical agents. This is a hand-thrown munition. Cost: $35 each, quantity: 10.
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xi. Defense Technology #1082 Riot Control Continuous Discharge CS – The Riot Control Continuous Discharge CS is specifically designed for outdoor use in crowd control situations with a high -volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. This is a hand -thrown munition. Cost:
$38.50 each, quantity: 17.
xii. Defense Technology #6172 Skat Shell CS – The Skat Shell CS multiple chemical projectile round is designed to deliver multiple CS canisters from a 40mm launcher. It is designed for outdoor use and is widely used for crowd management for the rapid and broad deployment of a chemical agent by a single grenadier. This is deployed from a 40mm launcher. Cost:
$31 each, quantity: 5.
xiii. Defense Technology #6320, 40mm Direct Impact OC. A less lethal 40mm lightweight plastic and crushable foam projectile fired from a 40mm launcher. The 39 -gram c rushable foam projectile delivers 120 ft/lbs. of energy upon impact in addition to dispersion of 5 grams of OC irritant. The 40mm Direct Impact OC Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 120 feet from the target. Cost $31, quantity 5. xiv. Defense Technology #6322, 40mm Direct Impact CS. A less lethal 40mm lightweight plastic and crushable foam projectile fired from a 40mm launcher. The 39 -gram crushable foam projectile delivers 120 ft/lbs. of energy upon impact in addition to dispersion of CS. The 40mm Direct Impact CS Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 120 feet from the target. Cost $31, quantity 5.
xv. Defense Technology #1092, Han-ball CS. The Han-ball CS is an outdoor use grenade expelling its payload in approximately 15 -20 seconds. The grenade holds approximately 1.6 ounces of active agent which is expelled through three ports around the equator of the ball. Cost $35, quantity 27. xvi. Defense Technology #1072, Military-Style Saf-Smoke Grenade. The Saf- Smoke grenade is designed for training but may also be used in operations.
The Saf-Smoke Grenade offers similar burn times as the Spede-Heat and Riot Control Grenade. It emits a very white smoke. This is a hand-thrown munition. Cost $31, quantity 10.
xvii. Defense Technology #1073 , Maximum HC Smoke. The Maximum Smoke grenade is designed for outdoor in crowd control and expels its payload in approximately 1.5 -2 minutes through four gas ports located at the top of the canister. The grenade can be used to conceal tactical movement or route a crowd. This is a hand -thrown munition. Cost $31, quantity 10.
xviii. Defense Technology #1017 , Pocket Tactical Saf -Smoke. The Pocket Tactical Saf -Smoke grenade is a small and lightweight. It will burn for approximately 20 -40 seconds and is normally used as a signaling or covering device. This is a hand-thrown munition. Cost $31, quantity 10. xix. Defense Technology #6582, 40mm Ground Marker CS 200M. The 40mm Ground Marker munition is designed to deliver an irritant payload downrange to specified distances. The spin stabilized projectile and smokeless propulsion system produce extremely consistent velocities and range. Applications for this product include crowd control, marking and
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obscuration. This is deployed from a 40mm launcher. Cost $31, quantity
15. xx. Defense Technology #1072 , Spede-Heat Continuous Discharge Chemical CS Grenade. A high-volume CS Grenade with continuous burn, designed for outdoor in crowd control environments, expels its payload in approximately 20 -40 seconds through four gas ports at the top of the canister, three on the side and one on the bottom. This is a hand-thrown munition. Cost $37, quantity 12.
xxi. Aerko Clear Out #AER1145, 6 ounce Burst Fogger. Aerko Clear Out fogger is a non-flammable aerosol which delivers an aerosol comprised of a mixture of CS and OC It is a chemical agent used to force occupants of an enclosed space to leave the area. This is a hand-thrown munition. Cost $19, quantity 12.
b. Purpose: To be used in response to incidents of civil unrest as described by law and AB48 and Government Code 12525.2, as well as barricaded subjects, critical incidents, CRU operations to enhance officer and community safety. c. Authorized Use: The use of chemical agents will be done so at the direction of a Mobile Field Force Commander or SWAT Commander.
d. Lifespan: The lifespan of each chemical agent is approximately 5 years from the date of manufacture (each munition has it manufacture date affixed). e. Fiscal Impact : No measurable fiscal impact for maintenance. The cost of the program is approximately $4,000.
f. Training: Certified training in the use of chemical agents for each appropriate use in crowd control or by the SWAT team will be completed prior to its use by any department member.
g. Legal and Procedural Rules : Use is described in the Use of Force, Civil Disturbance or Unusual Occurrence Plan, First Amendment Assemblies policies.
It is the policy of the department to use this device only for official law enforcement purposes, and pursuant to State and Federal law.
13. PepperBall Launchers and Munitions (Category 12)
a. Description, quantity, capabilities, and purchase cost:
PepperBall gives law enforcement professionals a powerful, non -lethal option for defense. PepperBall launchers use high pressure air to deliver PAVA (Pelargoinc Acid Vanillylamide) powder projectiles which are similar to a powdered “pepper spray.” The PAVA projectiles deliver kinetic energy impacts as well as the PAVA powder. It is a de -escalation tool to avoid further injuries or lethal options to a subject.
i. PepperBall VKS Carbine launcher. The VKS launcher is the strongest non- lethal consumer device available from PepperBall, it has an effective distance of up to 150 feet. It is powered with a high-pressure air bottle and the rounds are gravity fed through a hopper, or magazine fed. Cost: $1,300 each, quantity: 4.
ii. PepperBall SA -200 Launcher. The launcher is powered with a high - pressure air bottle and the rounds are gravity fed through a hopper. Cost:
$800, quantity: 1.
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iii. PepperBall Tac Launcher. The launcher is powered with a high -pressure air bottle and the rounds are gravity fed through a hopper. Cost: $800, quantity: 1.
iv. PepperBall Live Projectiles. The basic PepperBall projectile contains 2% PAVA pepper powder, and is designed for direct impact and area saturation, especially in confined, inter ior spaces. Discharged from a PepperBall Launcher, the projectile has a velocity of 280 -350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft.
The projectile contains 0.5% PAVA Powder. Cost: $900/ per 375 rounds, quantity: 1500.
v. PepperBall Inert Projectiles. The Inert PepperBall projectile contains a harmless scented powder and is designed for direct impact and for training with a PepperBall Launcher, the projectile has a velocity of 280 -350 FPS.
The projectile has a direct impact of 60ft. Cost: $400/ per 375 rounds, quantity: 1500.
b. Purpose: To provide officers with a non -lethal option to deliver a chemical agent and kinetic impact to subjects for a legitimate law enforcement purpose, to affect an arrest, prevent escape or overcome resistance as define by law and department policy. It is a de -escalation tool to avoid further injuries or lethal options to a subject.
c. Authorized Use: Officers may deploy a PepperBall launcher in incidents of civil unrest as described by law and AB48 and Penal Code 13652 , as a non -lethal option to deliver a chemical agent and kinetic impact on subjects who are violent, threatening violence, who are armed, or threatening self -harm, and barricaded subjects.
d. Expected Lifespan:
i. Launchers – 5-10 years.
ii. Live and inert projectiles - 5 years
e. Fiscal Impact : Annual maintenance costs are approximately $50/ launcher.
Annual cost of the program $2,000.
f. Training: The use of these devices is limited to those who have attended certified training course on their proper use.
g. Legal and Procedural Rules : Use is described in the Control Devices and Techniques policy. It is the policy of the Chino Police Department to utilize less - lethal devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
14. Long Range Acoustic Device (LRAD) (Category 13)
a. Description, quantity, capabilities, and purchase cost:
LRAD 100X Portable Hailing System, cost: $6,000, quantity: 1. The Model 100X Portable Hailing System is a self -contained, hand-held, portable communications device for use in on-scene and tactical communications. It has the capability to be 20- 30 dB louder than legacy bullhorns and vehicle-based P.A. systems, while still being 4x- 6x louder and more intelligible than products with a comparable size and weight. Weighing at only 15 lbs. with battery.
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b. Purpose: To be used in response to critical incidents or CRU operations to enhance officer and community safety, improve scene containment and stabilization. The use of breaching apparatus is for the rapid, positive, and dynamic access to an objective in order to bypass obstructions such as walls, doors and windows to gain access to a desired location with legal authority. c. Authorized Use: The LRAD 100X can be used as a public address (PA) system during tactical situations or at large events where its use will benefit the community and public safety.
d. Lifespan: Approximately 10 years.
e. Fiscal Impact: No measurable fiscal impact for maintenance. f. Training: Training in its use will be conducted prior to its use by any department member.
g. Legal and Procedural Rules: It is the policy of the department to use this device only for official law enforcement purposes, and pursuant to State and Federal law.
15. 40mm Projectile Launchers, Specialty Impact Munitions (Category 14) a. Description, quantity, capabilities, and purchase cost:
i. Defense Technology/ LMT, 40mm single -shot launcher, #1425, cost:
$1000 each, quantity: approximately 5 1. The 40mm single launcher is a tactical single shot launcher will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length.
ii. Defense Technology/ LMT, 40mm 4 -shot launcher, #1440, cost: $1000 each, quantity: approximately 3. The 40mm 4 -shot launcher is a tactical launcher will fire standard 40mm less lethal ammuniti on, up to 4.8 inches in cartridge length.
iii. Defense Technology/ LMT, 7 -inch M203 40mm single -shot launcher, #LMP350/L2X1, cost: $1500 each, quantity: approximately 2. The 40mm single launcher is a tactical launcher that will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length.
iv. Defense Technology #6325, 40mm eXact Impact Sponge Round. A less lethal 40mm lightweight plastic and foam projectile fired from a 40mm launcher. The 40 -gram foam projectile delivers 120 ft/lbs. of energy on impact. The 40mm Exact Impact Sponge Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 131 feet from the target. Cost: $20 each, quantity: approximately 300.
v. Defense Technology #6326, 40mm Direct Impact Marking Round. A less lethal 40mm lightweight plastic and foam projectile fired from a 40mm launcher. The 40 -gram foam projectile delivers 120 ft/lbs. of energy on impact and loaded with a green marking agent. The 40mm Exact I mpact Sponge Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 131 feet from the target. Cost: $20 each, quantity: approximately 5.
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b. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use: Situations for use of the less lethal weapon systems may include, but are not limited to:
Self-destructive, dangerous and/or combative individuals, riot/crowd control and civil unrest incidents as described by law and AB48 and Government Code 12525.2, circumstances where a tactical advantage can be obtained, potentially vicious animals, training exercises or approved demonstrations. d. Training: Sworn members utilizing 40mm less lethal launchers are trained in their use by POST certified less lethal instructors.
e. Lifespan: Defense Technology/ LMT #1425, 1140, M203: approximately 25 years.
Exact Impact Sponge: approximately 5 years.
f. Fiscal Impact: Annual maintenance is approximately $50 for each launcher. g. Legal and Procedural Rules: Use is established Control Devices and Techniques Policy. It is the policy of the Chino Police Department to utilize the 40mm only for official law e nforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
MAINTENANCE OF MILITARY USE SUPPLY LEVELS
When stocks of military equipment have reached low levels, the Department may order up to 30% of stock in a fiscal quarter without City Council's pre-approval to maintain essential availability for the police department's needs.
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Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
ADMINISTRATION DEPARTMENT
COUNCIL MEETING DATE: APRIL 4, 2023
TO: LINDA REICH, CITY MANAGER
FROM: JACK MORGAN, ASSISTANT TO THE CITY MANAGER
SUBJECT: ADOPTION OF ORDINANCE NO. 2023 -007 CAMPAIGN DISCLOSURE STATEMENT FILINGS (SECOND READING).
RECOMMENDATION
Approve the adoption of Ordinance No. 2023-007 authorizing the City to allow electronic and paper campaign disclosure statements.
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:
• Superior Customer Service
• Effective Technology
10.5 CONSENT CALENDAR
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COUNCIL MEETING DATE: APRIL 4, 2023
SUBJECT: ADOPTION OF ORDINANCE NO. 2023-007 CAMPAIGN DISCLOSURE
STATEMENT FILINGS (SECOND READING)
PAGE 2
BACKGROUND
This matter was introduced on first reading by the Council at their March 21, 2023 meeting. By the passage of this Ordinance, the City Council authorized the acceptance of electronic and paper methods of filing campaign finance disclosure statements.
Once adopted on second reading, the ordinance will go into effect thirty (30) days thereafter.
ISSUES/ANALYSIS
Ordinance No. 2023-007: AN ORDINANCE OF THE CITY OF CHINO, CALIFORNIA, ADDING CHAPTER 2.72 TO TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE CHINO
MUNICIPAL CODE AUTHORIZING ELECTRONIC AND PAPER METHODS OF FILING
CAMPAIGN FINANCE DISCLOSURE STATEMENTS
Attachment: Ordinance No. 2023-007
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ORDINANCE NO. 2023-007
AN ORDINANCE OF THE CITY OF CHINO, CALIFORNIA,
ADDING CHAPTER 2.72 TO TITLE 2 (ADMINISTRATION AND
PERSONNEL) OF THE CHINO MUNICIPAL CODE
AUTHORIZING ELECTRONIC AND PAPER METHODS OF
FILING CAMPAIGN FINANCE DISCLOSURE STATEMENTS
WHEREAS, Government Code Section 84615 provides that a local government agency may require an elected officer, candidate, committee, or other person required to file statements, reports or other documents required by Chapter 4 of the Political Reform Act, except those whose contributions and expenditures each total less than $ 2,000 in a calendar year, to file such statements, reports, or other documents online or electronically with the City Clerk; and WHEREAS, Government Code Section 84615 provides that when a local government agency requires online or electronic filing, the legislative body for the local government agency shall adopt an ordinance approving the use of online or electronic filing; and WHEREAS, the City of Chino (“City”) intends to enter into an agreement with a vendo r approved by the California Secretary of State, to provide an online electronic filing system ("System") for campaign disclosure statements; and
WHEREAS, the City Council expressly finds and determines that the System contains multiple safeguards to protect the integrity and security of the data, and will operate securely and effectively and will not unduly burden filers pursuant to Government Code Section 84615; and WHEREAS, the City Clerk will operate the System in compliance with the requirements of Government Code Section 84615 and any other applicable laws; and WHEREAS, the City Council of the City of Chino desires to amend the Chino Municipal Code to add a new chapter relating to electronic filing of campaign statements to more easily comply with reporting guidelines set forth in AB 2151 and other applicable law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The forgoing recitals are true and correct and are incorporated herein by this reference.
Section 2. Chapter 2.72 (Electronic Filing of Campaign Finance Statements) of Title 2 (Administration and Personnel) of the Chino Municipal Code is hereby added as follows:
“CHAPTER 2.72 - ELECTRONIC FILING OF CAMPAIGN FINANCE
STATEMENTS
Sections:
2.72.010 Purpose
2.72.020 Required Use of Electronic Filing System.
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2.72.030 Paper Filing Not Required After Electronic Filing.
2.72.040 Filing Options When a Copy Must be Filed With City Clerk.
2.72.050 Paper Filing When Cannot File Electronically.
2.72.060 Internet Posting of Data.
2.72.070 Records Retention.
2.72.080 Administrative Policies and Procedures.
2.72.010 – Purpose
This chapter provides standards for the development and use of an online electronic filing system for the electronic filing of campaign finance statements to ensure compliance with the reporting guidelines set forth in AB 2151 and other applicable law.
2.72.020 - Required Use of Electronic Filing System.
A. Except as set forth in subsection B, any elected officer, candidate, committee, or other person required to file specified statements, reports, forms, or other documents with the Chino City Clerk as required by Chapter 4 of Title 9 of the Government Code (commencing with Section 84100 of Chapter 4 of Title 9 of the California Government Code), and that has received contributions or made expenditures of $2,000 or more in a c alendar year, may electronically file such statement using the City's online filing system according to procedures established by the City Clerk. However, to ensure reporting continuity, once a statement, report, form, or other document is filed electronically by or on behalf of the elected officer, candidate, committee, or other person, all future statements, reports, forms, and other documents filed on behalf of such person(s) must be filed electronically; provided that such person(s) may opt-out of the electronic filing system pursuant to subsection B.
B. An elected officer, candidate, committee, or other person may opt -out of the electronic filing system by filing all original statements, reports, forms, or other documents in paper format with the City Clerk. Thereafter, such person(s) shall file all original statements in paper format with the City Clerk unless advance arrangements are made to begin filing electronically pursuant to Section A above.
C. The online filing system shall ensure the integrity of the data transmitted and shall include safeguards against efforts to tamper with, manipulate, alter, or subvert the data.
D. The online or electronic filing system shall accept a filing in the standardized record format pursuant to Government Code Section 84615(b).
2.72.030 - Paper Filing Not Required After Electronic Filing.
Any elected officer, candidate, committee, or other person who has electronically filed a statement, report, form, or other document using the City's online system is not also required to file a copy of that document in a paper format with the City Clerk.
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2.72.040 - Filing Options When a Copy Must be Filed With City Clerk.
In any instance in which an original statement, report, form, or other document must be filed with the Secretary of State or other agency, and a copy of that document is required to be filed with the City Clerk, the filer may electronically file a copy with the City Clerk or may file in a paper format.
2.72.050 - Paper Filing When Cannot File Electronically.
If, for technical reasons, the City's system is not capable of accepting a particular type of statement, report, form or other document, an elected officer, candidate, committee, or other person shall timely file that document in paper format with the City Clerk.
2.72.060 - Internet Posting of Data.
Pursuant to Government Code Section 84616, the City Clerk shall ensure that the City's system makes all electronically -filed statements, reports, forms, or other documents available on the internet in an easily understood format that provides the greatest public access. The data shall b e made available free of charge and as soon as possible after receipt/deadline. The data made available on the internet shall not contain personal information (other than the name) of the filer, including but not limited to, address, social security number, driver’s license of the persons or entity representatives listed on the electronically filed forms or any bank account number required to be disclosed by the filer.
2.72.070 - Records Retention.
The City Clerk's office shall maintain records according to the City's records retention schedule and applicable State law commencing from the date filed, a secured, official version of each online or electronic statement, report, form, or other document, which shall serve as the official version of that record.
2.72.080 - Administrative Policies and Procedures.
The City Clerk is authorized to adopt such administrative policies and procedures as deemed necessary to implement this Chapter.”
Section 3. This Ordinance shall become effective 30 days after adoption.
Section 4. 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 4th day of April, 2023.
Eunice M. Ulloa, Mayor
ATTEST:
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Natalie Gonzaga, City Clerk
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 the City Council at a regular meeting held on the 4th day of April 2023.
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
_________________________________
NATALIE GONZAGA, CITY CLERK
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Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
ADMINISTRATION DEPARTMENT
COUNCIL MEETING DATE: APRIL 4, 2023
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: EUNICE M. ULLOA, MAYOR
SUBJECT: AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH ALESHIRE & WYNDER, LLP.
RECOMMENDATION
Adopt Resolution No. 2023-020 and approve an amendment to the City of Chino’s Professional Services Agreement with Aleshire & Wynder, LLP increasing the hourly rate for select City Attorney services.
FISCAL IMPACT
All funds for legal services have been budgeted in the Fiscal Year 2022 -23 Annual Operating Budget so no appropriation is required at this time; however, an increase to hourly rates will increase legal expenditures which may necessitate additional appropriations b efore the close of Fiscal Year 2022-23.
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COUNCIL MEETING DATE: APRIL 4, 2023
SUBJECT: AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH ALESHIRE &
WYNDER, LLP
PAGE 2
BACKGROUND
On March 7, 2017, the City Council voted to approve a Professional Services Agreement with Aleshire & Wynder, LLP (A&W) for City Attorney services. Since this approval, Fred Galante has served as the City of Chino’s City Attorney with Brian Wright -Bushman serving as the Assistant City Attorney. Likewise, various A&W attorneys have also provided legal counsel to the City of Chino in a variety of legal fields.
Per section four to A&W’s professional service s agreement, A&W was afforded a $5.00 increase every odd year to their hourly legal rates. The increases are qualified that A&W receive a satisfactory performance evaluation. After a successful performance evaluation by the City Council on November 3, 2020 , the City Council approved the first amendment to the A&W agreement to increase applicable compensation rates.
ISSUES/ANALYSIS
The City Attorney Review Ad Hoc Committee, comprised of Mayor Pro Tem Comstock and Council Member Flores, met with Fred Galante to begin the City Attorney evaluation. On March 7, 2023, the City Council met in Closed Session to conduct the review process. Mr. Galante prepared a memorandum outlining both his and A&W’s accomplishments. Moreover, Mr.
Galante requested an increase to legal fees effective April 1, 2023. These increases would be in effect until December 31, 2023. On January 1, 2024 and on January 1 of every year thereafter, an increase to the applicable rates shall be implemented at the greater of $10 per hour per applicable rate or CPI, rounded up to the nearest dollar. The CPI shall be set by the Consumer Price Index (“CPI”) for all urban consumers in the Los Angeles -Long Beach-Anaheim areas as published by the United States Government Bureau of Labor Statistics. Future CPI adjustments shall be based on the November CPI -U for Los Angeles -Long Beach-Anaheim. Increases are qualified that both Mr. Galante and A&W receive a satisfactory performance evaluation.
After the City Council conferred in closed session, the City Counc il determined that Mr. Galante and A&W have done an outstanding job serving as Chino’s City Attorney’s Office. Thus, pursuant to section four and Mr. Galante’s request, the proposed amendment would increase A&W’s hourly rates as follows:
CLASSIFICATION
HOURLY RATES
EXISTING PROPOSED
City Attorney/General
Services
$210 Partners: $255
Associates: $230
Special Services
(litigation, franchise
negotiations, solid
waste issues)
City Attorney: $245
Other attorneys: $235
Partners: $280
Associates: $255
Labor/Employment $250 Use above special services rate
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COUNCIL MEETING DATE: APRIL 4, 2023
SUBJECT: AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH ALESHIRE &
WYNDER, LLP
PAGE 3
CLASSIFICATION
HOURLY RATES
EXISTING PROPOSED
Reimbursable
(developer pays) $285 Partners: $350
Associates: $320
Paralegal $134 $150
Law Clerk $119 $140
Should the City Council approve this recommendation, the new rates would go into effect on April 1, 2023.
Attachments: Resolution No. 2023-020
Amendment to Aleshire & Wynder, LLC Professional Services Agreement
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Project Name/No.: ________________ Contract No.: ______________ Project Manager: ________________ Approved: ______________
AMENDMENT NO. 2__
TO AGREEMENT FOR SERVICES
THIS AMENDMENT NO. 2 TO THE AGREEMENT FOR SERVICES
(“Amendment”) by and between the CITY OF CHINO, a California municipal corporation (“City”) and Aleshire & Wynder LLP (“A&W”), is dated as of April 4, 2023.
RECITALS
A. City and A&W entered into that certain Agreement for Contractual Services dated March 7, 2017 (“Agreement”) whereby A&W agreed to provide City Attorney services.
B. On November 3, 2020, City and A&W approved that certain Amendment No. 1 to the Agreement to increase the applicable compensation rates.
C. City and A&W now desire to amend the Agreement to increase the applicable compensation rates and update the designation of the Assistant City Attorney.
TERMS
1. Contract Changes.
(a) Section 4 of the Agreement, entitled “ Compensation” is hereby amended in its entirety to read as follows:
4. Compensation. Council hereby agrees to pay A&W and A&W agrees to accept payment for all services required by this Agreement according to the rates set forth in Exhibit 1, which is attached hereto and incorporated herein by reference. Rates set forth in Exhibit 1 sha ll remain firm from April 1, 2023 through December 31, 2023. Thereafter, the rates shall adjust in the manner set forth in Exhibit 1.
(b) Section 9 of the Agreement, entitled “Personnel” is hereby amended in its entirety to read as follows:
9. Personnel. In addition to Fred Galante acting as City Attorney, A&W will provide the following additional attorneys to render the predominant legal services hereunder:
Brian Wright-Bushman Assistant City Attorney
G. Ross Trinder Litigation
With the approval of the City Manager or designee, assignments may be modified as provided in Section 1 above and except as so provided, A&W will exercise its discretion to utilize whichever attorney(s) (and staff) it determines to be best suited to its rendition of legal ser vices under this Agreement, on matters assigned by the City, consistent with the competent
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and efficient rendering of legal services, and with a view toward rendering such services in an economically efficient matter.
(c) Exhibit 1 of the Agreement, as amended by Exhibit 1A per Amendment No. 1, is hereby revised in its entirety and replaced with Exhibit 1A attached hereto.
3. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in f ull force and effect. From and after the date of this 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 Re Absence of Defaults. City and A&W 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 no written or oral modifications to the Agreement other t han as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
A&W 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 mat erial default under the Agreement.
City represents and warrants to A&W that, as of the date of this Amendment, A&W 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.
4. Adequate Consideration. The parties hereto irrevocably stipula te 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 Amendment 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 Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURES APPEAR ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first-above written.
CITY:
CITY OF CHINO, a municipal corporation
Eunice M. Ulloa, Mayor
ATTEST:
Natalie Gonzaga, City Clerk
A&W:
ALESHIRE & WYNDER, LLP, a California
limited liability partnership
By: _____________________________
Name: Fred Galante, City Attorney
Title: Equity Partner
Address: 18881 Von Karman Avenue
Suite 1700
Irvine, CA 92612
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4 EXHIBIT 1 - RATE SCHEDULE
This section shall define the fee schedule/pricing information for the City Attorney Services, which rates shall be effective beginning April 1, 2023.
Description Applicable Rates
City Attorney/General Services (as
described below)
Partners: $255
Associates: $230
Special Services (as described below) Partners: $280
Associates: $255
Labor/Employment Use above special services rate
Reimbursable (as described below) Partners: $350
Associates: $320
Paralegal $150
Law Clerk $140
On January 1, 2024 and on January 1 of every year thereafter, an increase to the applicable rates shall be implemented at the greater of $10 per hour per applicable rate or CPI, rounded up to the nearest dollar. The CPI shall be set by the Consumer Price Index (“CPI”) for all urban consumers in the Los Angeles -Long Beach-Anaheim areas as published by the United States Government Bureau of Labor Statistics. Future CPI adjustments shall be based on the November CPI-U for Los Angeles-Long Beach-Anaheim.
General Services Defined and Rate. General Legal services are billed at Labor Rates above. Generals Legal Services is defined as:
• Assisting in Providing routine legal advice, consultation, and opinions to the City Council and staff.
• Assisting in the preparation and review of ordinances, agre ements, contracts and related documents, forms, notices, certificates, deeds, and other documents required by the City.
• Attending all City Council, Planning Commission and other meetings of board and commissions of the City as deemed necessary.
• Attending Weekly Staff Meeting.
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5 • Consulting with Council Members, City Manager and City staff as needed. • Rendering legal advice and opinions concerning legal matters that affect the City, including new legislation and court decisions.
• Performing research and interpret ing laws, court decisions and other legal authorities to prepare legal opinions and to advise the City Council and management staff on legal matters pertaining to City operations. • Monitoring pending and current state and federal legislation and case law as appropriate.
• Coordinating the work of outside counsel as needed and as directed by City Council and City Manager.
Special Services Defined and Rates:
• Special Services include successor agency matters, rent control, housing, refuse, enterprise funds, fran chise negotiations, major contract negotiations, municipal finance matters other than bonds and similar financial services, environmental and toxics, water, energy, franchises, utilities and telecommunications, solid wastes, mobile home matters, litigation services, including eminent domain, and similar matters requiring special expertise.
• Code enforcement is billed at the Labor Rates above.
Other Legal Services and Rates:
• Third-party Reimbursement: Legal services performed on matters where the City is reimbursed by a third party, such as development agreements. Should an entity other than A&W prepare the agreements in relation to Third-Party Reimbursement, the rate is billed at Labor Rates above.
• Public Financing: The rate for public finance services in connection with issuance or potential issuance of debt, loans, certificates of participation; including formation of assessment or community facilities districts, etc. is $350 per attorney hour. Paralegal, law clerk or project specialist time shall be billed at $190 per hour.
Fees shall be paid within 30 days following receipt of an invoice. Fees include travel time.
Expenses shall be charged at the cost thereof, which expense s shall include the cost of special tax counsel in an amount not to exceed $8,000, subject to a not-to-exceed expense fee (excluding special tax counsel) of $3,500 per bond transaction.
10.6.a
Amendment to Agreement for City Attorney Services
Packet Pg. 66
6 Reimbursable Expenses:
• A&W will be reimbursed for out -of-pocket expenses at a rate of $0.20 per page for photocopies and other reproducing costs, facsimile charges, messengers and couriers, court reporters, mileage costs to court and administrative proceedings, travel expenses outside of the City at the applicable IRS rate, and other costs and expenses incurred on City's behalf.
• A&W will not charge for word processing, routine computer-assisted legal research, local calls or mileage to City Hall or City offices.
• A&W can use City copiers and telephones for local calls at no-charge.
• The City shall not reimburse A&W for local travel -related expenses. Such costs are included in the hourly rates set forth herein. The City will, however, provide reimbursement for reasonable pre -approved travel out of the area to inclu de airfare and hotel reimbursement only.
• A&W will not retain services of any outside investigators, consultants, or experts without prior agreement of City. Should A&W determine it necessary or appropriate to use one or more outside investigators, consultants or experts, A&W will obtain agreement from City prior to hiring such outside service. City will be responsible to pay actual fees of other outside expert or consultant who are retained.
• Unless expressly requested by the City, registration fees for attorneys attending conferences and seminars are paid by A&W.
10.6.a
Amendment to Agreement for City Attorney Services
Packet Pg. 67
RESOLUTION NO. 2023-020
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, APPROVING THE SECOND AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF CHINO
AND ALESHIRE AND WYNDER, LLP FOR CITY ATTORNEY SERVICES
WHEREAS, on March 7, 2017 , the City Council approved a professional services agreement with Aleshire & Wynder, LLP; and
WHEREAS, on November 3, 2020, the City Council approved a first amendment to the professional services agreement with Aleshire & Wynder, LLP, increasing select hourly rates; and
WHEREAS, at their March 7, 2023 Regular City Council meeting, the City Council conducted a performance evaluation on Aleshire & Wynder, LLP in closed session pursuant to California Government Code Section 54957; and
WHEREAS; prior to entering into closed session, on March 7, 2023, City Attorney Fred Galante on behalf of Aleshire & Wynder, LLP submitted to the Council a memorandum outlining both Mr. Galante’s and Aleshire & Wynder, LLP’s accomplishments and requesting an increase to select hourly rates; and
WHEREAS, upon conferring in closed session, the City Council determined that Aleshire & Wynder, LLP has provided outstanding City Attorney Services to the City of Chino; and
WHEREAS, pursuant to the existing professional services agreement and Mr. Galante’s request, the City of Chino has agreed to increase the hourly rates for legal services as set for th in the second amendment to the agreement (City of Chino Professional Services Agreement Number 2017-281).
NOW, THEREFORE BE IT RESOLVED as follows:
1. The City Council hereby approves the second amendment between the City of Chino and Aleshire & Wynder, LLP, increasing the hourly compensation in the amounts stated in the second amendment.
2. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 4th Day of April, 2023.
_________________________
EUNICE M. ULLOA, MAYOR
ATTEST:
_____________________________
NATALIE GONZAGA, CITY CLERK
CITY OF CHINO
10.6.b
Amendment to Agreement for City Attorney Services
Packet Pg. 68
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.
CITY OF CHINO )
I, Natalie Gonzaga, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Chino at a regular meeting held on the 4th Day of April 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
NATALIE GONZAGA, CITY CLERK
10.6.b
Amendment to Agreement for City Attorney Services
Packet Pg. 69
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: APRIL 4, 2023
TO: LINDA REICH, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR
SUBJECT: 2022 CHINO CLIMATE ACTION PLAN ANNUAL REPORT.
RECOMMENDATION
Receive and file the 2022 Chino Climate Action Plan Annual Progress Report.
FISCAL IMPACT
The 2022 Climate Action Plan (CAP) Annual Progress Report will not have an impact on the City’s General Fund. Projects undertaken by the Ci ty that implement the CAP measures will either be funded through grant monies or planned for during the annual budget process. The costs for implementing the measures for new and existing private development projects would be borne by the developer and wou ld be expected to be offset by energy savings over time.
This annual report simply reports the progress of implementing the various measures in the CAP.
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
10.7 CONSENT CALENDAR
Packet Pg. 70
COUNCIL MEETING DATE: APRIL 4, 2023
SUBJECT: 2022 CHINO CLIMATE ACTION PLAN ANNUAL REPORT
PAGE 2
BACKGROUND
The City of Chino (“City”) adopted its first Climate Action Plan (CAP) in November 2013 (2013 CAP), which served as the City’s primary policy document for addressing Greenhouse Gas (GHG) emission reductions. The 2013 CAP identified the GHG emissions in ventory for the year 2008, and target for reducing the GHG emissions 15 percent below 2008 levels by 2020. The 2013 CAP set policy and identified activities for the City, its residents, and businesses to undertake to reduce the City’s contributions to glob al climate change. The Plan described the context for reducing GHG emissions in the City; determined the City’s baseline and forecast of GHG emissions; defined a goal for reducing GHG emissions; proposed reduction measures to help the City meet this goal; and included an implementation and monitoring process to track the effectiveness of the measures. An annual progress report for the 2013 CAP has been provided to the City Council each year that shows the City has successfully met its 2020 GHG reduction goal.
Since the adoption of the City’s 2013 CAP, the State has enacted new climate change regulations, most notably Senate Bill (SB) 32, which implements statewide targets to reduce GHG emissions to 40 percent below 1990 levels by 2030. To ensure conformity with the latest State climate change regulations, the 2013 CAP was updated by the City in November 2020 with a new target year of 2030. The recent 2020 -2030 CAP Update builds upon the 2013 CAP and serves as a comprehensive roadmap to outline strategies tha t the City will implement to continue achieving its GHG emission reductions into the year 2030 and beyond, thereby ensuring sustainable and healthy growth. Attached is an updated annual report outlining the second year (2022) progress of the 2020 -2030 CAP. The Climate Action Plan annual report ensures responsible long-range planning through the review of greenhouse reduction measures as identified in the Climate Action Plan.
ISSUES/ANALYSIS
In the 2020-2030 CAP, the City selected a target or goal to achieve a reduction in emissions 46 percent lower than the 2008 baseline (equivalent to 40 percent below 1990 levels) by the year 2030. The City’s emissions reduction forecasted for the year 2030 was developed as a result of GHG emission reduction efforts that we re being taken by the State, County, and the proposed City GHG reduction measures. Below highlights some of the City’s progress in implementing those measures in 2022.
Energy Efficiency - Energy Efficiency reduction measures contributed to 2 percent of the total GHG reductions achieved in 2022. These measures include retrofitting existing buildings to become more energy efficient, outdoor lighting upgrades, and public outreach and education, including:
• 716 homes were renovated for energy efficiency upgrades that include such items as re-roofs and upgraded HVAC systems.
• 311,212 square feet of commercial space was renovated for energy efficiency upgrades. Those items include upgrades to HVAC, ceiling/wall installation, lighting, and roofing.
• 509 streetlights were upgraded by the City to include LED light fixtures.
Renewable Energy - Renewable Energy reduction measures contributed to 18 percent of the total GHG reductions achieved in 2022. These measures include retrofitting existing residential homes, and exist ing commercial and industrial buildings for solar
10.7 CONSENT CALENDAR
Packet Pg. 71
COUNCIL MEETING DATE: APRIL 4, 2023
SUBJECT: 2022 CHINO CLIMATE ACTION PLAN ANNUAL REPORT
PAGE 3
installations. As a result, photovoltaic solar panels totaling 7,041 kilowatts (kW) of capacity were installed on existing residential homes, and commercial and industrial buildings.
On-Road Transportation - On-Road Transportation reduction measures contributed 70 percent to the total GHG reduction achieved in 2022. These measures include studying signalized traffic intersections and modifying them for optimization, expanding bike routes, and installing EV charging stations. The following bullets highlight some of the City’s progress in implementing a few of the more significant On -Road Transportation GHG reduction measures:
• 3 traffic signals were replaced by the City to include LED smart signalization.
• Nine miles of bicycle lanes and 93 secure bike racks were installed. • 22 EV charging stations were installed.
Solid Waste - Solid Waste reduction measures contributed to 10 percent of the total GHG reductions achieved in 2022. The measures include diverting sol id waste from landfills and increasing recyclable materials.
Through the second year of implementation of the 2020 -2030 CAP, the City has made significant progress by reducing its overall GHG emissions by 24,764 metric tons carbon dioxide equivalent (MTCO2e), which is approximately 60 percent of the 2030 GHG reduction 2030 goal of 41,131 MTCO2e. At this rate, the City will not only meet, but exceed the City’s GHG reduction target goal of 46 percent lower than the 2008 baseline level by 2030.
Attachments: 2022 City of Chino Climate Action Plan Progress Report
10.7 CONSENT CALENDAR
Packet Pg. 72
Prepared by
DEVELOPMENT SERVICES DEPARTMENT
PLANNING DIVISION
April 2023
10.7.a
2022 Climate Action Plan Annual Report
Packet Pg. 73
10.7.a
2022 Climate Action Plan Annual Report
Packet Pg. 74
Contents
Overview Page 1
Energy Efficiency Page 3
Renewable Energy Page 4
On-Road Transportation Page 5
Solid Waste Generation Page 6
Water Conveyance Page 7
Wastewater Treatment Page 8
GHG Performance Standard Page 9
Looking Ahead Page 10
The City has made
significant progress in
implementing the 2020-
2030 CAP Update.
10.7.a
2022 Climate Action Plan Annual Report
Packet Pg. 75
Overview
The City of Chino adopted a Climate Action Plan (CAP) in November 2013 to reduce greenhouse gas (GHG) emissions generated by community activities. Since the adoption of the City’s 2013 CAP, the State of California (State) enacted new climate change regulations which implements statewide targets to reduce GHG emissions to 40% below the 1990 levels by 2030. To ensure conformity with the latest State climate change regulations, the 2013 CAP was updated with a new target year of 2030 and was approved by the City Council on November 17, 2020. The 2020-2030 CAP Update builds on the successes of the 2013 CAP and uses the analysis from the San Bernardino Regional Greenhouse Gas Reduction Plan Update (Regional Plan), completed in March 2014 . The Regional Plan was a collaborative effort among the San Bernardino Council of Governments ( SBCOG), 24 Partnership Cities, and the County of San Bernardino to develop regional GHG inventories and reduction measures to more effectively address GHG emissions and climate change in San Bernardino County.
The 2020-2030 CAP Update establishes a GHG reduction target of achieving 46% below 2008 emissions levels by 203 0. This ambitious target is consistent with larger statewide ob jectives outlined under Senate Bill 32 (SB 32) and represents the City’s commitment to reducing GHG emissions generated within the community. The emissions target will not be achieved overnight, nor will it be met through a single action. Rather, the CAP outlines 15 measures that will work in conjunction with State initiatives to improve energy efficiency, encourage resource conservative, and support sustainable practices that will lower GHG emissions and enhance community resiliency to climate change. A significant difference between the 2020 -2030 CAP and the 2013 CAP is the methodology on how GHG reduction measures are calculated. A n updated tracking tool has been developed to measure and track specific categories that include items such as re-roofs, installation of solar panels, upgraded HVAC systems, installation of LED streetlights and Electrical Vehicle (EV) charging stations. This tracking tool helps to provide a more accurate calculation of GHG reduction related to the implementation of the categories noted above. These methods of tracking are explained in greater detail below.
In order for the City to
achieve its 2030 GHG
reduction target, the City
will need to reduce their
emissions by 41,131 metric
tons carbon dioxide
equivalent (MT CO2e).
Within the first two years of
implementation of the
2020-2030 CAP Update, the
City has reduced their GHG
emissions by 24,764 metric
tons carbon dioxide
equivalent (MTCO2e), which
is approximately 60% of the
GHG reduction target goal
(see Figure 1). Significant
progress was made by the
City in implementing all 15
local GHG reduction
measures in the following
Figure 1. Annual Greenhouse Gas Emission (GHG) Reductions Compared to 2030 GHG Reduction Target
10,353
14,411
41,131
2021 2022 2030 Target
MT CO2e
Year
Annual GHG Emissions Reductions
vs.
2030 GHG Reduction Target
10.7.a
2022 Climate Action Plan Annual Report
Packet Pg. 76
sectors: Energy, Renewable Energy, On -Road Transportation, Solid Waste, Wastewater Treatment, Water C onveyance, and Design Review Process (DRP) for New Development. On -Road Transportation reduction measures contributed to the most (70%) overall GHG reduction in the City for year 2022, while DRP for New Development contributed the least (0%) (see Figure 2). The GHG reduction measures listed in Wastewater Treatment and Water Conveyance sectors are unquantifiable in tracking the amount of GHG reduction; therefore, were not included in the pie chart below.
Figure 2. Greenhouse Gas Reductions by Sector
The progress report outlines the current status of each measure identified in the City’s 2020 -2030 CAP. Metrics have been established for all measures to track implementation progress more specifically. The sector summaries on the following pages identify each measure, the tracking metric, and emission reductions achieved to -date, as available. The progress report concludes with a summary of actions that need to be taken during the next tracking year to adaptively manage the CAP and encourage additional emissions reduction.
Energy
260,MT CO2e
Renewable Energy
2,602 MT CO2e
On-Road
Transportation
10,080 MT CO2e
Solid Waste
1,496,MT CO2e
DRP
0 MT CO2e
GREENHOUSE GAS REDUCTIONS BY SECTOR
10.7.a
2022 Climate Action Plan Annual Report
Packet Pg. 77
2020-2030 CAP Update Progress Report 3 April 2023
Energy Efficiency
The 2020-2030 CAP identifies four GHG reduction
measures to improve energy efficiency throughout the
City. These measures include retrofitting existing
buildings to become more energy efficient , outdoor
lighting upgrades, and public outreach and education
about energy efficiency and incentive programs .
Emission reduction s achieved by the measures
represent 2% of total GHG reductions achieved by the
City in 2022. Equally important, the measures provide
a number of community co -benefits, including
increased energy efficiency while reducing demand,
sustainability education and awareness, and
improved air quality and public health.
2022 Highlights
• A total 716 homes were renovated.
• A total of 311,212 square feet of commercial space was renovated. • The City upgraded 509 streetlights to LED.
Progress Update
Measure Tracking
Metric(s)
Status Metrics Reductions (MTCO2e) Percent of 2030
Target 2030
Target
Achieved 2030
Target
Achieved
Energy-1 thru 3.
Energy efficiency
incentives and
programs to
promote energy
efficiency for
existing buildings
Homes
retrofitted
In
progress 1,000 716 2,686 39.44 1%
Commercial
square
footage
retrofitted
In
progress 70,000 311,212 1,758 268.61 15%
Energy-4 Outdoor
lighting upgrades
for existing
development
Percentage of
outdoor LED
streetlights
In
progress 100% 255% 200 13.93 255%
MTCO2e = carbon dioxide equivalent
a To keep on track each year should show 11% of the 2030 Target achieved, increasing each year until 2030.
10.7.a
2022 Climate Action Plan Annual Report
Packet Pg. 78
2020-2030 CAP Update Progress Report 4 April 2023
Renewable Energy
The 2020 -2030 CAP identifies two GHG
reduction measures to improve renewable
energy throughout the City. These measures
include public outreach and education,
incentive programs, and retrofitting existing
residential homes, commercial buildings, and
industrial buildings for solar installations .
Emission reduc tions achieved by this
measure represent 18% of total reductions
achieved by the City in 202 2. Equally
important, the measures provide a number of
community co -benefits, including increased
energy efficiency while reducing demand, improved air quality and public health, and increased renewable energy.
2022 Highlights
• Photovoltaic (PV) solar panels totaling 7,041 kilowatts (kW) of capacity were installed on existing residential homes, existing commercial, and existing industrial buildings.
Progress Update
Measure Tracking
Metric(s)
Status Metrics Reductions (MTCO2e) Percent of 2030
Target Achieved a 2030
Target
Achieved 2030
Target
Achieved
Energy-5
Renewable Energy
installation on
existing residential
kW of
solar
panels
In
progress 23,794 6,970 8,687 2,576.11 30%
Energy 6
Renewable Energy
installation on
existing
commercial/
industrial
kW of
solar
panels In
progress N/A 71 N/A 26.24 N/A
MTCO2e = metric tons of carbon dioxide equivalent
a To keep on track each year should show 11% of the 2030 Target achieved, increasing each year until 2030.
10.7.a
2022 Climate Action Plan Annual Report
Packet Pg. 79
2020-2030 CAP Update Progress Report 5 April 2023
On-Road Transportation
The 2020 -2030 CAP identifies four GHG
reduction measures for on-road transportation.
These measures include educating City staff on
ride sharing programs, reducing vehicle miles
traveled (VMT) by expanding and improving
bicycle and pedestrian infrastructure, expanding
the Smart Signal system of LED traffic lights, and
providing community based electric vehicle (EV)
charging stations. Emission reductions achieved
by the se measures represent 70% of total GHG
reductions achieved by the City in 2022. Equally
important, the measures provide a number of
community co -benefits, including improved air
quality and public health, road and bicycle safety,
and increased non-motorized transportation.
2022 Highlights
• A total of 22 EV charging stations were installed.
• Nine miles of bicycle lanes dedicated with 93 secure bike racks were installed. • The City replaced 3 traffic signals with LED smart signalization.
Progress Update
Measure Tracking
Metric(s)
Status Metrics Reductions (MTCO2e) Percent of 2030
Target Achieved a 2030
Target
Achieved 2030
Target
Achieved
On-Road-1
Employee
training
Training
Sessions
In
progress N/A N/A N/A N/A N/A
On-Road 2 LED
Traffic signals
synchronized
to TDM System.
Number of
signals replaced
& synchronized.
In
progress 155 3 2,797 0.16 0%
On Road-3
Bicycle, and
pedestrian
infrastructure
Miles of bike
lanes, sidewalks,
number of bike
racks,
crosswalks
In
progress
8 miles 9 miles 3,047 7,179.90 236%
On-Road-4
Electric Vehicle
Charging
stations
Number of EV
charging
stations
In
progress 50 22 1,500 2,899.83 193%
MTCO2e = metric tons of carbon dioxide equivalent
a To keep on track each year should show 11% of the 2030 Target achieved, increasing each year until 2030
10.7.a
2022 Climate Action Plan Annual Report
Packet Pg. 80
2020-2030 CAP Update Progress Report 6 April 2023
Solid Waste Generation
The 2020-2030 CAP identifies one GHG reduction
related to solid waste. This measure consisted of
meeting a 50 % diversion goal in 2020 and
increasing that to 70 % by 2030. Emission
reductions achieved by this measure represent 10%
of total GHG reductions achieved by the City in 2022.
Equally important, the measures provide a number
of community co -benefits, including resource
conservation, and improved air quality and public
health.
2022 Highlights
• The City almost met the near term (2020) goal of 50% diversion in 2022 and is continuing to increase recycling within the City toward the 2030 goal of 70% diversion.
Progress Update
Measure Tracking
Metric(s)
Status Metrics Reductions (MTCO2e) Percent of 2030
Target Achieved
a
Target Achieved 2030
Target
Achieved
Solid Waste-1
Diversion goals
Percent of
recycled
materials
diverted from
the land fill.
In
progress
50 % by
2020
70%
by2030
49.5% 15,111 1,496 10%
MTCO2e = metric tons of carbon dioxide equivalent
a To keep on track each year should show 11% of the 2030 Target achieved, increasing each year until 2030
10.7.a
2022 Climate Action Plan Annual Report
Packet Pg. 81
2020-2030 CAP Update Progress Report 7 April 2023
Water Conveyance
The 2020 -2030 CAP identifies two water
conservation measures. These measures
include promoting and educating the public
on water efficiency, water conservation
programs, and water efficient landscaping
practices to property owners, residents, and
businesses throughout Chino . Ef forts made
by City staff as highlighted in bullets below
contributed to the City’s overall reduction in
GHG emissions, even if staff’s efforts are
unquantifiable in tracking the amount of
GHG reduction. Equally important, the
measures provide a number of community
co-benefits, including conserving portable
water supplies, and improved air quality and public health 2022 Highlights
• Promoted water efficiency practices through social media and cable news outlets. • Offered Chino residents direct install weather -based irrigation timers free of charge. • City installed underground soil monitoring systems at various City parks. • City transitioned several municipal buildings to drought-tolerant landscaping.
Progress Update
Measure Tracking
Metric(s)
Status Metrics Reductions (MTCO2e) Percent of 2030
Target
Achieved a
2030
Target
Achieved 2030
Target
Achieved
Water-1 and
Water-2 Promote
and educate
water efficiency,
water
conservation,
water efficient
landscaping to
residents,
businesses, and
property owners.
Public
outreach
and
education
In progress --b N/A --b N/A N/A
MTCO2e = metric tons of carbon dioxide equivalent
a To keep on track each year should show 11% of the 2030 Target achieved, increasing each year until 2030 b b The measures in the 2020-2030 CAP Update only had the City promoting water conservation and did not quantify the number of water conservation retrofits or GHG emissions reduced.
10.7.a
2022 Climate Action Plan Annual Report
Packet Pg. 82
2020-2030 CAP Update Progress Report 8 April 2023
Wastewater Treatment
The 2020 -2030 CAP identifies one wastewater
measure. The measure include s working with
Inland Empire Utilities Agency (IEUA) to identify
new locations for recycle water , and public
outreach and education. Efforts made by City
staff as highlighted in bullets below contributed
to the City’s overall reduction in GHG emissions,
even if staff’s efforts are unquantifiable in
tracking the amount of GHG reduction . Equally
important, the measure provides a number of
community co -benefits, including conserving
water supplies, and improved air quality and
public health.
2022 Highlights
• Water use efficiency and rebate program incentives are provided through the Chino Champion newspaper and customer utility billing inserts. • The City tracks rebate programs for turf replacement and other water efficiency programs offered by Monte Vista Water District and Inland Empire Utility Agency.
Progress Update
Measure Tracking
Metric(s)
Status Metrics Reductions (MTCO2e) Percent of 2030
Target Achieved a Target Achieved Target Achieved
Wastewater-1
Promote and
encourage
recycled water
consumption by
residential,
commercial, and
industrial users.
Public
outreach
and
education In
progress --b N/A --b N/A N/A
MTCO2e = metric tons of carbon dioxide equivalent
a To keep on track each year should show 11% of the 2030 Target achieved, increasing each year until 2030 b The measures in the 2020-2030 CAP Update only had the City promoting water conservation and did not quantify the number of water conservation retrofits or GHG emissions reduced.
10.7.a
2022 Climate Action Plan Annual Report
Packet Pg. 83
2020-2030 CAP Update Progress Report 9 April 2023
GHG Performance Standard for New Development
The 2020 -2030 CAP identifies one
Development Review Process (DRP)
measure that requires new development
projects not exempt from the California
Environmental Quality Act (CEQA) to fill
out a screening table, demonstrating
compliance with the 2020 -2030 CAP.
Screening tables are a menu of options of
energy efficiency improvements,
renewable energy options, water
conservation measures, and other options
that provide predictable GHG reductions.
Each option within the screening tables is
given a point value. Developers choose
options from the screening tables totaling
100 points or more will be determi ned to
have provided a fair-share contribution of GHG reductions; therefore, consistent with the 2020-2030 CAP. Equally important, the measure provides a number of community co -benefits, including increased energy efficiency while reducing energy demands, increased renewable energy, enhanced land use and community design, and increased non-motorized transportation. 2022 Highlights
• No new development applications were required to use the GHG Screening Tables since none of the applications included new analysis under CEQA.
Progress Update
Measure Tracking
Metric(s)
Status Metrics Reductions (MTCO2e) Percent of
2030 Target
Achieved a
2030
Target
Achieved 2030
Target
Achieved
DRP-1 GHG
Performance
Standard
Number of new
development
applications
using the
Screening
Tables
Not
Started 25 0 6,051 0 0%
MTCO2e = metric tons of carbon dioxide equivalent
a To keep on track each year should show 11% of the 2030 Target achieved, increasing each year until 2030
10.7.a
2022 Climate Action Plan Annual Report
Packet Pg. 84
2020-2030 CAP Update Progress Report 10 April 2023
Looking Ahead
While the City has made significant progress towards its 203 0 GHG reduction target by completing approximately 60% of its 2030 goal as of 2022, much work still remains to be done. Climate change and our understanding of local effects are constantly evolving. Adaptively managing the 2020-2030 CAP to respond to new information is therefore necessary to ensure programs are functi oning effectively and the City continues to advance as a climate change leader. Annually, staff will continue to monitor the progress and effectiveness of each measure and modify the measures, as needed, to maximize GHG emissions reduction for years to come. As the 2020-2030 CAP comes to near end, the CAP will be updated with new and revised measures that will help the City further reduce the amount of GHG emissions to achieve statewide carbon neutrality by year 2045(Executive Order EO B-55-18).
10.7.a
2022 Climate Action Plan Annual Report
Packet Pg. 85
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: APRIL 4, 2023
TO: LINDA REICH, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR
SUBJECT: 2022 GENERAL PLAN AND HOUSING ELEMENT ANNUAL REPORT.
RECOMMENDATION
Receive and file the 2022 General Plan and Housing Element Annual Reports which will subsequently be filed with the Governor's Office of Planning and Research and the California Department of Housing and Community Development.
FISCAL IMPACT
There is no financial impact to the General Fund. These annual reports are filed with the Governor’s Office of Planning and Research and the California Department of Housing and Community Development, and no further action is required.
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
10.8 CONSENT CALENDAR
Packet Pg. 86
COUNCIL MEETING DATE: APRIL 4, 2023
SUBJECT: 2022 GENERAL PLAN AND HOUSING ELEMENT ANNUAL REPORT PAGE 2
BACKGROUND
In July 2010, the City Council adopted Envision Chino 2025, a comprehensive update to the City’s General Plan. Section 65400 of the Government Code requires the Planning Commission to review and forward to the City C ouncil an annual report describing the City’s progress in implementing its General Plan and Housing Element. Once reviewed by the City, the report is required to be sent electronically to the Governor’s Office of Planning and Research (OPR), as well as the California Department of Housing and Community Development (HCD).
The City’s General Plan includes an introduction and Vision Chapter as well as 12 separate elements. The 12 elements cover the seven topics required by State Government Code Section 65302, including a Housing Element that is required to be updated every eight years. The Housing Element update was recently completed by the City in January 2022 and covers the 2021-2029 reporting period. The 2021 -2029 Housing Element includes specific componen ts such as an analysis of the existing housing stock, an analysis of existing and projected housing needs, and a quantification of the number of housing units that will be developed, preserved, and improved through its policies and actions.
The General Pla n and Housing Element Annual Progress Report has been completed and is attached for review by the City Council in accordance with State guidelines. The General Plan and Housing Element progress report ensures responsible long -range planning through the annual review of policies, strategies, and actions identified in each document.
ISSUES/ANALYSIS
Staff reviewed the General Plan goals, policies, and actions, as identified in the Implementation Program (Exhibit “A” to the General Plan Annual Progress Report). The Implementation Program incorporates a narrative of the goals and action statements from the General Plan that have been completed or were in the process of being completed in 2022. During the 2022 calendar year, the City continued to implement many G eneral Plan goals and policies through ongoing City programs, private development, and capital improvement projects.
The City also continues to implement the 2021 -2029 Housing Element measures in an effort to add to the region’s supply of affordable housin g through the multiple housing programs offered by the City. Exhibit “B” to the General Plan Annual Progress Report includes several tables that summarize the progress made in 2022 towards meeting the goals and objectives of the City’s 2021-2029 Housing Element.
The Planning Commission reviewed the 2022 General Plan and Housing Element Annual Progress Report at the March 20, 2023, Planning Commission meeting, and recommended the City Council receive and file the reports.
Attachment: 2022 General Plan and Housing Element Annual Progress Report
10.8 CONSENT CALENDAR
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GENERAL PLAN ANNUAL PROGRESS REPORT
2022
DEVELOPMENT SERVICES DEPARTMENT
PLANNING DIVISION
March 20, 2023
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CITY OF CHINO GENERAL PLAN ANNUAL PROGRESS REPORT
EXHIBIT A
2022 GENERAL PLAN IMPLEMENTATION PROGRAM TABLE
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HC-1.1 A1 Develop programs to foster collaboration between local health officials and City staff and elected officials.
The Healthy Chino Coalition program, in place since 2004, continues to meet quarterly with over 20 active Coalition members including local health officials, physicians, nurses, educators, business owners, and City staff. The City actively participates in the CVUSD Health Council meetings, IEHP Healthy Kids meetings, San Bernardino County's Healthy Communities meetings, and Public Health meetings. Healthy Chino continues to participate at the monthly Focus on Youth collaborative meetings. These meetings include members from various health organizations, City staff, local service providers, and faith-based organizations. These meetings foster new partnerships and create opportunities to expand new and existing programming. Healthy Chino staff attends the City of Chino quarterly Safety Committee Meetings. The Healthy Chino Program continues to offer Lunch and Learn workshops, employee weightloss challenges, and healthy snack options. This is done by collaborating with different agencies and companies to help promote healthy living. Partnerships include Kaiser, San Bernardino Health Department, IEHP, Chino Valley Medical Center, Nutrishop, Planet Fitness, and Auraganic Jucery, and Healthy Vending Machines.
The Healthy Vending Machine vendor is a local Chino business.
HC-1.1 A2 Develop a list of best practices related to promoting healthy communities. Ideas on best practices are gained through the on-going attendance by Healthy Chino staff at the Healthy Communities workshops, meetings, and conferences. Programs that are currently in place that promote healthy practices are the Hike the Valley Program, established in 2013, where participants are guided through local trails (hikes average 2-5 miles in length and range form easy to advance levels). At the Chino Community Garden participants plant fruits/vegetables and learn gardening, nutrition, and sustainability through the garden's educational workshops. Educational programs include demonstration gardens, cooking classes, children's storytime, a hands-on learning and volunteer program for college students (i.e. Cal Poly Pomona). The Community Garden will continue to offer its popular garden workshops, and Children's Discovery workshops, and new in 2022 a composting exhibit. The Pumpkin Community Garden has begun its first phase of establishing existing garden plots to allow for residents in the downtown area to register for a Garden plot. Bark Around Ayala Park continues to bring in over 400 participants, their dogs, and 20 local vendors for a fun and active morning. Healthy Chino contributes to and promotes the Chino Valley Y 5K Reindeer Romp, Run for Russ 5K, and the Chino Youth Museum 5K DairyAire each year. The City and Chino Valley YMCA partner on Healthy Family Day and hosted a fun, free annual community event on April 2, 2022 at Ayala Park with over 750 participants who got to enjoy fitness demonstrations, kids' activities, inflatable obstacle course and activities, smoothie bike, bike obstacle course, food, health/nutrition/fitness vendors, and water/environmental vendors. Healthy Chino partnered with the Inland Empire Utilities Agency (IEUA) and the Public Works Department to host two Earth Day events on April 20 and 21, 2022, at the Chino Creek Wetlands & Educational Park. Over 3,500 people attended the event over the two days. The Healthy Chino program collaborates with the Chino Police Department to host the annual Bike Day event each year. This event will have a 13 mile community bike ride and a 5 mile family bike ride. The Police Department will be handing out free bike helmets as well as conduct a safety obstacle course.
Healthy Chino Element
Goal HC-1 Foster Chino resident's health.
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HC-1.2 A1 Develop a program to disseminate information about healthful eating habits. There are a number of methods that are used in the Healthy Chino Program to distribute information about healthy eating habits. These include: Healthy Family Day, with over 750 participants and 40 vendors; Grilling Classes offered to the community to help promote healthy eating habits; and partnering with CVUSD in recognizing National Nutrition Month. Healthy Chino also disseminates monthly emails on health tips to over 800 community members, City employees, Health Council members, Focus on Youth members, and CVUSD employees. Staff continues to visit local businesses to provide materials to educate and promote health and wellness to their employees, as well as continues to promote healthy snack and breakfast options in all City after school and before school programs. Healthy Chino offers the Healthy Kids Challenge at the High Five and SOAR Afterschool programs. This incorporates healthy eating and fitness weekly challenges for six weeks. The Healthy Chino Program has also begun to use Social Media to distribute Healthy Tips and program announcements. The Healthy Chino program works with the local WIC office to help distribute healthy food options and other important food nutritional facts.
HC-1.2 A2 Model best practices related to promoting healthy eating habits at government offices and government-organized events by serving only healthy snacks and refreshments.
The City hosts programs for employees to promote healthy eating habits including Healthy and Wellness Workshops, the Stairwell Art Program, and "Snack Attack" to promote healthy snack alternatives. The 6-week weight loss/fitness program, "Healthier You Challenge" continues to be offered twice a year (winter/spring) to the employees to help start off the year encouraging health and wellness. Healthy Chino also encourages employees to offer healthy snacks and refreshments during meetings and trainings. Healthy Chino offers healthy snacks and water to participants at all of its programs including Children's Discovery Workshops, Hike the Valley, and bike events to name a few. The Healthy Chino program worked with City Administration office to provide a healthy snack to the students who attended student government day. There are eight new Healthy Vending Machines available to employees and residents. They have been replaced to offer new healthy options to everyone who visits City facilities.
HC-1.2 A3 Promote government and school purchase of locally-produced and/or organic food. Healthy Chino has supported the Chino Community Garden, and the school gardens at Anna Borba, Cortez, Dickson, Newman, and Walnut Elementary Schools to encourage the community and students to grow their own food and to promote eating healthy. Healthy Chino staff provide tools and resources to these gardens as well as offers programming support throughout the year.
HC-1.2 A4 Work with vendors at the farmer’s market to develop programs under which vendors can accept food stamps and other public benefits.
The City does not currently have a City-sponsored farmers market. No work has begun on identifying or prioritizing starting a farmers market or agriculture drop-off sites (CSA Farm Share).
Previously, the City offered a farmers market at City Hall and then at The Preserve Community Center but was deemed unsustainable due to low sales.
LU-3.1 A1 Study the use of graduated-density zoning, which encourages parcel assembly by allowing higher densities for larger sites, or other policy-based mechanisms to encourage the development of projects on more than one parcel that are consistent with the Future Growth Vision Plan.
The concept of graduated-density zoning was studied during the 2010 General Plan Update. At that time, it was determined that it would not be incorporated into specific General Plan policies or Zoning Ordinance provisions, and would be evaluated again in future updates.
LU-3.1 A2 Work with the Southern California Association of Governments (SCAG) when it prepares its Sustainable Communities Strategy (SCS) to ensure that sites from the Future Growth Vision Plan are included in the SCS.
The Regional Transportation Plan (RTP) and Sustainable Community Strategy (SCS) was approved by SCAG in 2020. The RTP/SCS did not include the future growth areas because the land uses for these sites have not changed.
LU-3.1 A3 Consider revising the Future Growth Vision Plan if SCAG’s ultimate SCS map is not consistent with it.
On January 4, 2022, the City adopted the 6th Cycle (2021-2029) Housing Element to be in compliance with SCAG’s Regional Housing Needs Assessment (RHNA) allocation. Many areas within the Future Growth Vision Plan have been identified as potential sites to meet the RHNA allocation. These sites would allow for higher densities up to 30 dwelling units to the acre or have the potential for mixed-use development.
Land Use Element
Goal LU-3 Revitalize older commercial and industrial areas in the center of Chino.
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LU-3.2 A1 Provide expedited review of projects on the four corners of Walnut and Central Avenues that meet both the land use regulations and the design guidance provided for these properties and for mixed-use properties in general.
There has not been any development activity at this intersection during this reporting period.
LU-3.3 A1 Work with landowners along Riverside Drive to consolidate parcels so they can create large enough spaces for new development of either mixed-use or multi-family residential buildings.
On some portions of Riverside Drive where the parcels are very shallow due to dedications for the street right-of-way, this will need to include consolidation with parcels that do not currently front upon Riverside Drive. In this case, the landowners will need to enter into an agreement to share profits according to the original size of each parcel before right-of-way has been dedicated.
There has not been any development activity in this area during this reporting period. In the future, if interest in development of properties in this area is received, the City will explore opportunities to coordinate with other landowners along Riverside Drive to encourage consolidation of parcels.
LU-3.4 A1 Existing uses south of the Civic Center are permitted to continue, but are encouraged to upgrade their facilities to provide better pedestrian amenities on sidewalks and open areas.
The City will continue to work with land owners to ensure pedestrian facilities are upgraded with any future development in this area. However, there has not been any mixed use or residential development activity in this area.
LU-3.4 A2 Work with residential, commercial, and industrial landowners to consolidate parcels so they can create large enough spaces for development of live-work lofts on the block bounded by Central Avenue, F, 5th, and G streets.
In the future, if there is interest for development in this area, the City will explore opportunities to coordinate with other landowners to encourage consolidation of parcels.
LU-4.1 A1 Work with San Bernardino County to revise the County’s General Plan to reflect the land use designations shown in the City’s Land Use Map.
Upon adoption of the City's General Plan 2010, City staff transmitted updated land use information to the County. The County has since updated portions of their General Plan to reflect the land use designations shown in the City's Land Use Map. The City will coordinate with the County of any future approved land use changes to keep the map updated.
LU-5.2 A1 Develop a program to provide incentives for projects that support smart growth goals and reduce greenhouse gases, such as mixed-use, infill, and transit-oriented development projects.
On November 17, 2020, the City Council approved an update to the City's Climate Action (CAP) Plan in an effort to reduce greenhouse gas emissions by 46% lower than the 2008 baseline by the year 2030. A list of mandatory and voluntary greenhouse gas emission reduction measures are listed within the CAP that an applicant will be required to implement into their project, thus resulting in a reduction of greenhouse gases. In addition, on January 4, 2022, the City adopted the 2021- 2029 Housing Element, that identifies potential housing sites for high densities and mixed-use developments.
LU-8.1 A2 Identify and prioritize neighborhoods underserved by healthy food sources for development of healthy food sources.
There are existing programs in place that serve low-income neighborhoods in the City, such as the Summer Lunch Program held in Monte Vista Park offered in July and August for children and youth 18 years or younger.
LU-8.1 A4 Identify appropriate locations for farmers markets and community-supported agriculture drop- off sites and prioritize such uses in these areas.
The City does not currently have a City-sponsored farmers market. No work has begun on identifying or prioritizing starting a farmers market or agriculture drop-off sites (CSA Farm Share).
Previously, the City offered a farmers market at City Hall and then at The Preserve Community Center but was deemed unsustainable due to low sales. Healthy Chino staff experimented with a CSA farm share program in 2015 but was also canceled due to declined sales.
CC-2.3 A1 Develop a list of key entryways to Chino and establish a program to provide entry features for each of them. Entryways shall incorporate landscaping, trees, and/or architectural elements to enhance a sense of arrival to the City.
There are currently enhanced entryway landscape and signage treatments along Central Avenue at the Pomona 60 Freeway and in the southerly part of the City. A design has been approved for the 60 Freeway and Central interchanger that includes City identifying features such as the City seal.
Work began on the interchange in the summer of 2021 and will be completed by the end of 2023.
The City will continue to consider other entries as deemed appropriate on a yearly basis.
Community Character Element
Goal LU-4 Provide a clear transition for properties within the Sphere of Influence (SOI).
Goal LU-5 Reduce Chino's greenhouse gas emissions.
Goal LU-8 Ensure convenient access to healthy foods for all residents.
Goal CC-2 Preserve and enhance areas that create community identity and support Chino's small town character.
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TRA-1.2 A1 Conduct a signal timing study for all intersections with Level of Service (LOS) E and F.
Coordinate and implement study recommendations with adjacent jurisdictions as well as California Department of Transportation (Caltrans), if applicable.
Signal timing studies are done on an on-going basis for intersections that are congested, and modifications are made by the City as deemed appropriate and feasible. Coordination is continuely being done with adjacent jurisdictions, SBCTA and Caltrans if needed. In addition, Mountain Avenue, Edison Avenue and Central Avenue have current traffic signal coordination timing and additional corridors are to be included as signal interconnect projects complete communications to them.
TRA-1.3 A1 Establish criteria for which developments will be allowed to construct private streets. The Specific Plans for College Park and The Preserve master-planned communities identify where private streets can be utilized, and include design standards for private streets. As new development proposals are reviewed in these Specific Plan areas, the benefits and/or impacts of designating proposed streets as private are evaluated. On February 2019, the City Council adopted Ordinance No. 2019-002, amending Section 19.06.040 of the Chino Municipal Code to clarify that any single-family residential developments having private streets approved before January 1, 2019, where the private streets otherwise meet the criteria of the Subdivision Map Ordinance, shall be deemed valid and duly authorized, but that no further private streets shall be authorized within single-family residential developments thereafter. When development proposals are reviewed for areas outside of these Specific Plan areas where infill development might occur, the street types will be reviewed on a case-by-case basis to determine the benefits and/or impacts of designating them as private.
TRA-1.3 A4 Identify possible funding sources for traffic calming treatments, including grants to investigate the feasibility of establishing a residential assessment district to allow residents to participate in funding construction of traffic calming treatments in their neighborhood.
Opportunities to apply for grant funding for traffic calming improvements or grants for the establishment of a residential assessment district are regularly monitored, and where appropriate, grant applications are applied for. In FY 20/21, the City received a $72,000 grant to create a Local Road Safety Plan from the State for the State Highway Improvement Plan , which will be used to guide future local road safety improvement grant applications. The LRSP was completed in October 2022. Staff is reviewing futureActive Transportation Program grants, Highway Safety Improvement Program grants for potential project funding.
TRA-3.1 A1 Develop a truck loading policy for new development that ensures new truck-dependent businesses limit their impact on neighborhoods and business districts.
The Chino Zoning Ordinance has existing provisions for industrial businesses that are located adjacent to non-industrial uses that require appropriate buffering techniques, such as increased setbacks, screening and dense landscaping to be provided in order to mitigate any negative effects of industrial operations such as truck loading. In addition, as industrial development applications are reviewed, the locations of loading areas are evaluated to mitigate any potential impacts to adjacent uses. In addition, the City is looking at creating additional development standards for industrial developments located north of Schaefer Avenue, where more sensitive uses exist in those industrial zoned propoerties.
TRA-6.2 A2 Study individual accident locations, especially “hot spots” with multiple accidents, and identify necessary upgrades to reduce the incidence of accidents.
Accident reports are regularly reviewed on an ongoing basis to develop a list of intersections with a high volume of incidents. As funding becomes available, projects are added to the 5-Year Capital Improvement Program. "Hot spot" locations and prioritization of locations are included in the Local Roadway Safety Plan completed in 2022.
Goal TRA-3 Freight transportation that provides efficient service to businesses and industry while limiting impacts to residents and visitors.
Housing Element - Refer to Housing Element Annual Report Goal TRA-1 A roadway system that meets the needs of Chino's residents and visitors, provides safe, convenient, and efficient travel in, around, and through the City, and preserves and/or enhances the City's distinctive qualities.
Transportation Element
Goal TRA-6 Improve the convenience, intuitiveness, and safety of Chino's street network.
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TRA-6.3 A1 Develop an Americans with Disabilities Act (ADA) Transition Plan which identifies locations and funding commitments to provide access to public rights-of-way, including curb cuts and other improvements targeted toward persons with disabilities.
Beginning in 2016, the City began evaluating its buildings, parks, and services for accessibility. In 2021 and 2022, sidewalks and curb ramps began to be inventoried as a baseline for the public rights-of-way. Beginning in January 2023, the City secured a contract with a consultant to complete a full, Citywide self-evaluation and ADA transition plan. The self-evaluation consists of City-owned buildings and parks, public right-of-way facilities, and City policies and procedures. The final transition plan will address identified barriers with a timeline and projected funding sources for the completion of improvements. The ADA Transition Plan is projected to be completed by Fall 2023.
Annually, the City applies for Community Development Block Grant (CDBG) funding and Transportation Development Act (TDA) funding for sidewalk and ADA ramp improvements for locations throughout the City. These funding streams will address specific accessibility barriers for people will disabilities that are identified in the transition plan.
TRA-10.2 A1 Prepare a Bicycle Master Plan for the City of Chino that establishes where and how the City’s bicycle network will be expanded, including standards to guide review of roadway enhancements or other changes to the roadway system. This plan should be consistent with requirements for allocation of State Bicycle Transportation Account funds and federal funding for bicycle improvements that cannot be allocated without an approved Bicycle Master Plan.
The plan should also include criteria for funding prioritization of improvements.
In January 2016, the City adopted the Bicycle and Pedestrian Master Plan. The Plan provides a guide to improve bicycling and walking activity throughout the City by the implementation of various improvements to roadways that include the addition and/or modification of such features as street trees, sidewalks, benches, planter boxes, and Americans with Disability Act (ADA) access. Since the Plan’s adoption, the City was awarded $127,648 in 2015 and $440,081 in 2017 for the TDA Bicycle and Pedestrian Grant and TDA Transit Improvement Grant. The City has completed the majority of the TDA Bicycle Improvements and has coordinated remaining bicycle and pedestrian improvements with the ongoing Chino High School Project expected to be completed in Summer of 2023. Additionally, the city has performed pavement rehabilitation on Chino Avenue, Schaefer Avenue and Central Avenue south of Schaefer Avenue. These corridors had Class II bike lanes added and enhanced with green legends for added bike facilties with higher visibility.
TRA-10.2 A2 Develop maps or signage indicating local and regional bicycle routes, including distances to key destinations, such as parks and schools.
All new construction projects affecting bike facilities include bike path and trail signage guiding bicyclists around the network of bike facilities. Further, multi-use trails in Ayala Park and within the SCE Easement include mile marker signage.
TRA-10.2 A3 Promote bicycle-related programs for the community. Healthy Chino staff continues to offer bicycle-related programs in the community. Healthy Chino staff has partnered with the Chino Police Department in planning and running these programs.
Chino Bike Day was held on May 14, 2022 at Ayala Park. Chino Bike Day provides a community bike ride (15-25 miles), bicycle safety workshop, helmet giveaway/fitting, bike obstacle course, smoothie bike, and kids' activities.
TRA-11.1 A1 Develop a Pedestrian Master Plan that evaluates the pedestrian transportation system for discontinuities and prioritizes streetscape improvements such as street trees, sidewalks, benches, planter boxes, ADA access, trails, and other amenities in existing neighborhoods.
Key pedestrian corridors and potential funding sources to complete the Plan should be identified as part of the Plan.
TRA-11.1 A2 Develop a set of criteria for funding prioritization of planned pedestrian improvements, based on need/deficiency, anticipated demand, anticipated cost/benefit ratio, geographic equity, and funding opportunity.
TRA-11.1 A3 Develop maps or signage indicating local and regional pedestrian routes, including distances to key destinations, such as parks and schools.
Goal TRA-11 Enhance the convenience, intuitiveness, and safety of Chino's pedestrian network.
In January 2016, the City adopted the Bicycle and Pedestrian Master Plan. The Plan provides a guide to improve bicycling and walking activity throughout the City by the implementation of various improvements to roadways that include the addition and/or modification of such features as street trees, sidewalks, benches, planter boxes, and Americans with Disability Act (ADA) access. Since the Plan’s adoption, the City was awarded $127,648 in 2015 and $440,081 in 2017 for the TDA Bicycle and Pedestrian Grant and TDA Transit Improvement Grant. The City has begun implementing projects with grant funding. Bicycle and pedestrian facilities were constructed in FY20/21. As part of the City's Pavement Management Program and the ADA Transition Plan, an inventory of missing sidewalk and pedestrian ramps will occur to identify missing locations and develope criteria for location prioritization. The PMP is currently in development and the ADA Transition Plan has begun this fiscal year.
Goal TRA-10 Foster bicycling as a convenient, healthy and environmentally-friendly travel choice in Chino.
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TRA-11.1 A4 Develop an ADA Transition Plan specifying a timeline and funding commitments to provide access to public rights-of-way, including curb cuts and other improvements targeted toward persons with disabilities.
Beginning in 2016, the City began evaluating its buildings, parks, and services for accessibility. In 2021 and 2022, sidewalks and curb ramps began to be inventoried as a baseline for the public rights-of-way. Beginning in January 2023, the City secured a contract with a consultant to complete a full, Citywide self-evaluation and ADA transition plan. The self-evaluation consists of City-owned buildings and parks, public right-of-way facilities, and City policies and procedures. The final transition plan will address identified barriers with a timeline and projected funding sources for the completion of improvements. The ADA Transition Plan is projected to be completed by Fall 2023.
Annually, the City applies for Community Development Block Grant (CDBG) funding and Transportation Development Act (TDA) funding for sidewalk and ADA ramp improvements for locations throughout the City. These funding streams will address specific accessibility barriers for people will disabilities that are identified in the transition plan.
ED-1.2 A1 Maintain ongoing communication with manufacturing firms to make sure their operating needs are being met.
Consulting is available and is provided in partnership with business assistance agencies, including SB County, Econ. Dev. Agency, CMTC, Chaffey College, SCORE, IEWBC and Small Business Development Center, to address specific needs and general information. The Economic Development Division, on an on-going basis, continues to build and nurture relationships with manufacturing firms throughout the City. Through one-on-one meetings as well as assistance during property improvements to help facilitate growth, the Development Services Department works diligently to assist them.
ED-1.2 A5 Identify vacant sites appropriate for industrial uses, provide a list of those sites to potential businesses seeking to locate in Chino, and consider advertising those sites to potential tenants.
The Economic Development Division provides, through the use of a number of online listing services including CoStar, Loopnet and Property Shark to name a few. The City goes to great lengths to identify and qualify prospective development opportunities. Through online searches and the mining of our internal databases, the City reviews a comprehensive list of developable site opportunities for the continued and anticipated growth of our industrial market. In addition, the City shares the information with developers, site selectors, and brokers. The predominance of large industrial sites within Chino have been developed so the City now focuses on matchmaking of the remaining parcels and seeks out potential redevelopment sites.
ED-1.4 A1 Focus retail recruitment and business attraction efforts around existing concentrations like the North Central Avenue Area, the Spectrum, City Hall and The Preserve.
The City's retail recruitment and marketing efforts are focused on infill areas throughout the City.
Outreach efforts include, but are not limited to site searches to fill the vacancies within Chino and maintaining current retail market area demographic information, updated throughout the year, which is available to real estate professionals and retailers’ tenant representatives. Continued focus is given to areas in the City that lack tenancy and for planned development within The Preserve. Creating lifestyle experiences will be key to continued success. We also have a 10 acre site at the NW corner of Schaefer and Euclid Avenues that are currently going through the development review process. Finally, attention is being given to the tenant mix for our most current development, Town Center at The Preserve.
Economic Development Element
Goal ED-1 Strengthen Chino's economy in order to provide jobs and maintain a fiscally-positive General Fund.
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ED-1.4 A3 To attract retail that is currently lacking, such as grocery stores, work with brokers and existing stores to identify sites that could be appropriate for a specific store, and actions or investments that could be taken to attract them.
The City meets with real estate professionals, specific retailers’ tenant representatives and retail developers throughout the year in the City to attract specific retail uses to the City. In addition to general grocers, citizens of Chino have indicated the desire for specialty stores like meat markets, Asian markets, Hispanic markets as well as produce focused markets. Community members have also expressed the desire to see more sitdown restaurants and new or unique concetpts that are not currently in our surrounding communities. With continued residential growth on the horizon, Chino works diligently to manage the needs of its constituents by working with retailers, site selectors and brokers to bring those services to the City in particular to those needs that are lacking in and around The Preserve.
ED-1.4 A4 Monitor vacancy rates and sales tax performance for retail areas in the City in comparison to regional and statewide averages. If vacancy rates and sales tax performance fall below average, work with property and business owners to either improve performance or determine an alternative use for the site.
The City maintains a database of available retail space vacancies and leasing contact information, along with quarterly retail sales tax data for the City, SB County, and the State. This data along with other retail and demographic data provides staff with pertinent information to provide to retail center leasing representatives, center managers and other retail real estate representatives to help identify methods to improve their performance or determine an alternative use for their space or site. Chino continues to surpass local, regional and state averages. With the lowest vacancy rate in the Inland Empire for Industrial, Chino continues to build and grow. In addition, commercial and retail rates are very competitive for western San Bernardino County while surpassing state and national averages. Sales tax is a continued driver for the City with the bulk of revenue derived through medical and auto sales. Traditional brick and mortar are complimented by online and ecommerce driven consumers. The City is very balanced in this regard.
ED-1.4 A5 Actively recruit retail stores by marketing available sites and devoting staff time to working with potential tenants.
Recruitment of retailers is ongoing through various outreach efforts. At the events, we provide current demographic and vacant retail property information. Recruitment of retail opportunities is a daily event for the staff at Chino. In cooperation with advertising and retail trade shows, the City of Chino works diligently at courting the newest and biggest retailers in the world. During some of our recent outreach efforts we have garnered the attention of Choice Hotels and Chick-fil-a restaurants and had our first Raising Caines open this past year. Our planning department continues to make concerted efforts to modify our specific plans to make the way for new businesses.
ED-1.4 A7 Maintain ongoing communication with the property owner of the Spectrum Marketplace and Spectrum Town Center developments to foster the potential for a public-private response to various changes in the market and to the specific challenges that these changes might create for the Spectrum.
City staff maintains on-going communication throughout the year with the two centers' ownership, management and leasing representatives of the Spectrum Shopping Centers to discuss any issues affecting the two centers. The Spectrum Marketplace and Spectrum Town Center are key economic engines within the City and require constant attention. City staff is on-going regular communication with the brokers and property managers who make daily decisions regarding the properties. In addition, regular communications are made with the ownership of these two properties to be informed of the status of their well-being.
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ED-2.1 A2 Periodically study the skills and education levels of Chino residents and use the information as a guide for recruiting new firms to the City.
Demographic information including education levels, income and ethnicity are available upon request for the City of Chino. The information is provided on the City's website and can be downloaded for print. Information on the City is sourced from a number of different areas including EDD, BOE, HDL, CoStar and others, with specific reports generated from ESRI. All of these resources provide demographics on workforce for Chino. At this time our City is overly educated for our business types. Because of this many individuals have sought employment outside of the City. Research indicates that the City of Chino has nearly 300 higher education institutions within 50 miles, including vocational schools, trade and technical schools, community colleges, colleges/university's and post graduate institutions. This creates a quality workforce that enable Chino to attract good businesses with good jobs.
ED-2.1 A3 Encourage local businesses to hire local residents. Strategies to do this could include developing a local job board to advertise vacancies to local residents and working with local educational institutions to provide job fairs.
Although the City has a very low unemployment rate, staff works closely with the San Bernardino County Workforce Investment Board staff. The City also participates in job fairs, hosted by SB County and the other I.E. cities. The City coordinates the recruitment and hiring services provided by San Bernardino County Workforce Investment Board, which provides its database of local and regional job seekers looking to work closer to their City of residence. Our local Chino Valley Chamber of Commerce has made conserted efforts to help us work with local businesses to fill their employee needs. Today's goal is to attract and retain higher paying technical and professional jobs. We desire for our citizens to not only live and play in Chino, but to work here too.
ED-2.1 A4 Study whether the City should give preference to local suppliers and firms when issuing requests for goods or services.
The City currently has a Local Business Preference ordinance. This ordinance affords a qualified business located within the City a five-percent reduction of an original submitted bid when comparing to next lowest bidder, thus allowing the local business to be considered as submitting the preferred, lowest bid.
GC Section
65400 (K)
Consult with the Native American tribes when a General Plan Amendment (GPA) is being proposed.
The City is complying with these requirements by: 1) Requesting Tribal Consultation List; 2) Mail letters to tribes on the consultation list inviting tribes to consult; and 3) Arrange date and time to consult
OSC-4.1 A1 Adopt a Construction and Demolition Ordinance requiring recycling of at least 50% of all construction and demolition waste.
The City adopted the Tier 1 voluntary measures of the California 2022 Green Building Code, which includes a requirement to increase the amount of construction and demolition waste to be recycled to 70%.
OSC-5.1 A1 Adopt a Climate Action Plan within 18 months of adoption of this General Plan that demonstrates how the City will achieve the needed reductions of greenhouse gas emissions.
The Climate Action Plan shall be developed in coordination with SANBAG and SCAQMD.
The City Council adopted its original Chino Climate Action Plan (CAP) on November 19, 2013. On November 17, 2020, the City has since updated the CAP (2020-2030) to meet new State regulations, most notably Senate Bill (SB) 32, which implements statewide targets to reduce greenhouse gas (GHG) emissions to 40% below the 1990 levels by 2030. The updated CAP utilizes reduction strategies that encourage energy efficiency, water conservation, alternative transportation, solid waste reduction and clean energy.
OSC-6.1 A1 Develop a program to prepare for extreme heat events, including outreach and notification focused on sensitive populations and the establishment of new and maintenance of existing cooling centers.
The City's updated Climate Action Plan (2020-2030) identifies actions to adapt to extreme heat events by providing the following: 1) Provide community cooling centers; 2) Provide public outreach, education, and engagement pertaining to the risks of extreme heat and preventive measures; and 3) Develop an extreme heat transportation management strategy. Currently, the Preserve Community Center, Neighborhood Activity Center, and Senior Center are all utilized as cooling centers. Information regarding cooling centers is published on the City's website and social media during the summer months.
Goal OSC-5 Reduce greenhouse gas emissions by 15 percent below 2005 levels by 2030.
Goal OSC-4 Minimize the consumption of energy and nonrenewable resources, and promote environmental sustainability.
Goal ED-2 Maintain a good jobs-housing balance and jobs-skills match.
Goal OSC-6 Prepare Chino for the expected impacts of global climate change.
Open Space and Conservation Element
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GENERAL PLAN IMPLEMENTATION PROGRAM
Action
Number
Action Status of Progress/Comments
PR-1.2 A1 Enter into joint-use agreements by which Chino schools, particularly those in neighborhoods with a disproportionate lack of recreational facilities, help to provide civic functions such as parks and community meeting spaces.
A joint-use agreement was executed for The Preserve Community Center located in The Preserve Specific Plan, which is a joint-use facility between the City and Chino Valley School District and provides a gymnasium, fitness room and multi-purpose room. Other opportunities to implement this action will be evaluated on an on-going basis and will be considered for possible implementation on a yearly basis. The City completed a Parks & Facilities Master Plan evaluating programs, existing parks and facilities, and identifying areas within the City that lack in park and recreation facilities. The Master Plan is a living document, reviewed annually; with an update to be completed every five years. Based on the outcome from the Parks and Facilities Master Plan, the City is in the process of identifying vacant land in the north section of Chino to be purchased and developed into park land. The City is pursuing grant funds to build a larger recreation center located at Monte Vista Park, and to expand the park site adding additional recreation amenities.
Goal PFS-2 Maintain a safe environment in Chino through law enforcement and crime prevention.
Goal PR-1 Maintain existing park and recreational areas and create new ones in and around the City.
Parks and Recreation Element
Public Facilities and Services Element
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Action
Number
Action Status of Progress/Comments
Monitor Chino’s crime rates and categories to determine the most appropriate methods to target and reduce crime in the City.
PFS-2.3 A1 The police department has continued to expand its use of its existing technology to include adding License Plate Readers, POD Cameras, FLOCK cameras and other stationary cameras throughout the city in an effort rapidly and efficiently identify offenders and crime trends.
The Chino Police Department opened its Real-Time Crime Center (RTCC) in 2019. The center consists of a robust video wall, an interface Smartboard, and two workstations staffed by Crime Analysts. The RTCC is the information hub for a multitude of technology that includes camera feeds from both public and private cameras, intersection cameras, Police Observation Devices, ALPR’s, and law enforcement databases. The mission of the RTCC is to provide officers with critical real-time information while responding to emergency calls to provide a safer environment for the officers and community. Additionally, immediately after a crime has been committed the RTCC is able to utilize available resources to investigate the crime and provide this information to the investigating officers. The RTCC has been very successful in preventing and combating crime in the Chino community.
Further, individual units (i.e. Traffic, Detectives, Community Relations, etc.) conduct routine strategy meetings to discuss crime/quality of life issues in the City and come up with a comprehensive approach to address them. Along with their focus on homelessness and outreach, the Quality-of-Life Team also coordinates efforts to reduce reoccurring issues that affect residents, business owners and visitors in the city. Beginning in 2023, the team will add two dedicated social workers via the recently added positions of Homeless Coordinator and Assistant Homeless Coordinator.
Due to an increase in Organized Retail Theft, the Chino Police Department partnered with the California Highway Patrol’s Organized Retail Taskforce and local retailers to combat these thefts in the city. During five planned operations in the holiday season, the department arrested 25 suspects, identified six retail theft crews, stored three cars, and recovered over $14,300 in stolen merchandise. The police department is thankful for the partnerships with local retailers who played an important role in the success of the operations.
In 2022, the department implemented a live streaming technology for 911 emergency calls. This provided offices the ability to hear the 911 calls in real-time and see the caller’s location. This allows for officers to respond more quickly and effectively to 911 calls for service.
The Community Relations Unit continues to hold Neighborhood Watch meetings to discuss safety tips and current crime trends. The unit also provides free CPTED (Crime Prevention Through Environmental Design) inspections to local businesses and apartment complexes to assist in reducing crimes of opportunity by focusing on different intervention methods such as access control, natural surveillance, territorial reinforcement, and maintenance/operational practices.
Another way the Department is able to monitor crime rates from a public partnership perspective is through the use of crimemapping.com. This free online program allows members of the public to access information on crime reports based on date/time, location, and crime type. This also makes it very easy for personnel to view visual maps of information which can be shared with the public.
The resource is routinely utilized in conjunction with neighborhood watch meetings. Lastly, the Chino Police Department continues to utilize a mobile app that allows for online reporting, reporting traffic or quality of life concerns, submitting a tip, and much more. The app is free for download on both iOS and Android devices. The police department website was recently updated to allow for easier navigation and reporting. Through the website, users can receive information on numerous topics including obtaining a police report, vehicle impounds and tows, crime statistics, traffic and citation information, and community events.
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GENERAL PLAN IMPLEMENTATION PROGRAM
Action
Number
Action Status of Progress/Comments
PFS-2.3 A2 Maintain volunteer opportunities for residents in order to provide additional opportunities for community engagement with the Police Department.
There are volunteer programs currently offered through the Chino Police Department. Some of these include: 1) A Community Police Academy for adults 2) Spanish Community Academy 3) Youth Community Police Academy for teens; 4) Junior Academy for kids ages 10-13 5) The Police Explorer program for teens; 6) The Mounted Posse; 7) The Police Chaplains; 8) Chino Cares; and 9) The Police Volunteer Internship Program.
Community Emergency Response Team (CERT) Basic Training is available to the community and consists of 20-hours of curriculum that teaches individuals how to help themselves, their families, and their neighbors during a disaster. CERT trains community members in basic disaster response skills such as team organization, disaster medical operations, fire safety, and light search and rescue. Upon completion of the CERT Basic Training, community members can affiliate with Chino PD as CERT volunteers. CERT volunteers will be a deployable resource to assist during a disaster and in non-disaster times be able to promote emergency preparedness in the community.
LISTOS is a grass-roots disaster preparedness program that can be tailored to meet the individual needs of Spanish-speaking communities. The program is delivered in a format that is both culturally and linguistically appropriate for the target population. LISTOS partners with community leaders, jurisdictions, non-profits, faith-based organizations, schools, and other community institutions. By partnering with these organizations, LISTOS provides disaster preparedness information to the Spanish-speaking community. Listos instructs the participants in the command structure of first responders ensuring communication between LISTOS graduates and firefighters and police in the event of an emergency.
Monitor Chino’s crime rates and categories to determine the most appropriate methods to target and reduce crime in the City.
PFS-2.3 A1 The police department has continued to expand its use of its existing technology to include adding License Plate Readers, POD Cameras, FLOCK cameras and other stationary cameras throughout the city in an effort rapidly and efficiently identify offenders and crime trends.
The Chino Police Department opened its Real-Time Crime Center (RTCC) in 2019. The center consists of a robust video wall, an interface Smartboard, and two workstations staffed by Crime Analysts. The RTCC is the information hub for a multitude of technology that includes camera feeds from both public and private cameras, intersection cameras, Police Observation Devices, ALPR’s, and law enforcement databases. The mission of the RTCC is to provide officers with critical real-time information while responding to emergency calls to provide a safer environment for the officers and community. Additionally, immediately after a crime has been committed the RTCC is able to utilize available resources to investigate the crime and provide this information to the investigating officers. The RTCC has been very successful in preventing and combating crime in the Chino community.
Further, individual units (i.e. Traffic, Detectives, Community Relations, etc.) conduct routine strategy meetings to discuss crime/quality of life issues in the City and come up with a comprehensive approach to address them. Along with their focus on homelessness and outreach, the Quality-of-Life Team also coordinates efforts to reduce reoccurring issues that affect residents, business owners and visitors in the city. Beginning in 2023, the team will add two dedicated social workers via the recently added positions of Homeless Coordinator and Assistant Homeless Coordinator.
Due to an increase in Organized Retail Theft, the Chino Police Department partnered with the California Highway Patrol’s Organized Retail Taskforce and local retailers to combat these thefts in the city. During five planned operations in the holiday season, the department arrested 25 suspects, identified six retail theft crews, stored three cars, and recovered over $14,300 in stolen merchandise. The police department is thankful for the partnerships with local retailers who played an important role in the success of the operations.
In 2022, the department implemented a live streaming technology for 911 emergency calls. This provided offices the ability to hear the 911 calls in real-time and see the caller’s location. This allows for officers to respond more quickly and effectively to 911 calls for service.
The Community Relations Unit continues to hold Neighborhood Watch meetings to discuss safety tips and current crime trends. The unit also provides free CPTED (Crime Prevention Through Environmental Design) inspections to local businesses and apartment complexes to assist in reducing crimes of opportunity by focusing on different intervention methods such as access control, natural surveillance, territorial reinforcement, and maintenance/operational practices.
Another way the Department is able to monitor crime rates from a public partnership perspective is through the use of crimemapping.com. This free online program allows members of the public to access information on crime reports based on date/time, location, and crime type. This also makes it very easy for personnel to view visual maps of information which can be shared with the public.
The resource is routinely utilized in conjunction with neighborhood watch meetings. Lastly, the Chino Police Department continues to utilize a mobile app that allows for online reporting, reporting traffic or quality of life concerns, submitting a tip, and much more. The app is free for download on both iOS and Android devices. The police department website was recently updated to allow for easier navigation and reporting. Through the website, users can receive information on numerous topics including obtaining a police report, vehicle impounds and tows, crime statistics, traffic and citation information, and community events.
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GENERAL PLAN IMPLEMENTATION PROGRAM
Action
Number
Action Status of Progress/Comments
PFS-2.3 A3 Seek grant funding for community policing, commercial vehicle enforcement, and other programs that will improve service levels within the City.
Opportunities for grant-funding for various programs are pursued on an on-going basis. Currently, the Chino Police Department utilizes grant funds to assist with crime prevention programs, alcohol prevention/education/enforcement (Alcohol and Beverage Control grant), and National Night Out, multiple state-funded DUI education/enforcement grants, and the Click it or Ticket (Seatbelt enforcement grant).
PFS-7.1 A1 Consider participation and/or support of proposed conjunctive use programs and Chino Basin storage and recovery programs that allow the distribution of water between jurisdictions during periods of excess supply. These programs would be administered through participation in the Chino Basin Watermaster and Water Facilities Authority.
Throughout the year, the City continues to be involved in discussions with MWD, IEUA, and other local water purveyors to implement additional conjunctive use programs.
PFS-7.1 A2 Evaluate the feasibility of establishing interconnections or water conveyance plans between the Chino water system and the water systems of the following neighboring water agencies:
• Monte Vista Water District
• City of Ontario (a connection currently exists at Benson Avenue) • City of Chino Hills
• Jurupa Community Services District
• San Antonio Water Company
• City of Upland
• City of Pomona
• The Inland Empire Utilities Agency
Discussions between the City and various local water agencies regarding water system interconnections are ongoing. A dedicated interconnection exists between Chino and Ontario.
Chino currently has the ability to receive water from Water Facilities Authority (WFA) member agencies (i.e. Monte Vista Water District, Upland, Ontario, and Chino Hills) through the WFA surface water treatment plant. Similarly, Chino has an ability to receive desalted groundwater not used by Chino Basin Desalter Authority member retail agencies, Jurupa Community Services District, Santa Ana River Water Company, Norco, Ontario, and Chino Hills.
PFS-7.5 A1 Work with the Inland Empire Utilities Agency to provide recycled water systems, including pipelines, pump stations, and storage facilities to serve primarily public facilities, schools, and parks as funding becomes available.
IEUA currently supplies recycled water to the City at several locations. The City meets with IEUA representatives on a regular basis to discuss recycled water plans and activities.
PFS-7.5 A2 Develop a plan to irrigate agricultural lands with recycled water, both inside and outside of the City's service area, where feasible.
Recycled water is currently used to irrigate agricultural lands in the City. The City maintains a plan that identifies the users already connected to a recycled water line as well as those potential users.
AQ-1.1 A1 Implement traffic features such as roundabouts or the use of integrated signalization to improve traffic flow and reduce emissions from vehicle idling and stop and start.
Roundabouts and integrated signalization have been implemented in the City on a limited basis.
Additional implementation of these features will be evaluated as opportunities arise, and considered in future development proposals.
AQ-1.1 A2 Install LED traffic signals throughout Chino to reduce the City’s electricity consumption. 100% of the traffic signals in the City are LED. There is currently a program in place whereby the lights are replaced every 5 years, and each year, the replacement is scheduled and budgeted for rotating sectors of the City.
SAF-2.1A 1 Annually review any new information available from the Federal Emergency Management Agency and the state Department of Water Resources to determine if updated flood zone information is available.
The City receives updates to flood zone maps from FEMA every year, and this information is reviewed to determine if there are any updates to the maps.
SAF-6.1 A1 Regularly update and implement the Emergency Operations Plan (EOP) and the Local Hazard Mitigation Plan (HMP).
The City's Emergency Operations Plan (EOP) was approved by the State in 2014. The City's first local Hazard Mitigation Plan (HMP) was approved by FEMA in 2012. The HMP is updated every 5 years. In 2016, the City prepared an update to the HMP and was approved in 2018. The City will continue to review both plans regularly and make updates as needed.
Goal SAF-6 Reduce the risk to the community from natural and man-made disasters and terrorism events.
Goal AQ-1 Preserve and improve air quality in Chino and the region.
Safety Element
Goal SAF-2 Reduce hazards related to flooding and inundation.
Air Quality Element
Goal PFS-7 Ensure an adequate supply of water for all types of users.
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CITY OF CHINO GENERAL PLAN ANNUAL PROGRESS REPORT
ATTACHMENT 1 TO EXHIBIT A
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CITY OF CHINO GENERAL PLAN ANNUAL PROGRESS REPORT
AMENDMENTS TO THE GENERAL PLAN IN 2022
There were no General Plan Amendments that were approved for 2022 and therefore nothing to report for this section.
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CITY OF CHINO GENERAL PLAN ANNUAL PROGRESS REPORT
EXHIBIT B
2022 ANNUAL PROGRESS REPORT ON THE IMPLEMENTATION OF
THE CITY OF CHINO 2021-2029 HOUSING ELEMENT
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Jurisdiction Chino ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
1 Projection Period 3 4
RHNA Allocation by
Income Level
Projection Period -
06/30/2021-
10/14/2021
2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date (all years)
Total Remaining
RHNA by Income
Level
Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Above Moderate 2,378 247 138 568 - - - - - - - 953 1,425 6,978
247 138 568 - - - - - - - 953 6,025 5 6 7
Extremely low-Income
Need 2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date
Total Units
Remaining
1,057 - - - - - - - - - - 1,057 1,284
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.
Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.
Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].
1,203
-
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
-
Moderate
2,113
1,284
1,203
Please contact HCD if your data is different than the material supplied here -
2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
2,113
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Jurisdiction Chino
Reporting Year 2022 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation 1A: Ownership
Rehabilitation Programs
Pursue existing and new funding
opportunities to maintain the Home
Improvement Deferred Loan Program and
the Mobile Home Improvement Grant
Program.
Program provided annually
and evaluated each year,
provided CalHOME and
other
outside funding remains
available.
Applied to the State for new round of CalHOME funding to expand the Mobile Home Improvement Program-February 2023. 13 homes were rehabilitated in 2022 including 4 very-low, 7 low and 1 moderate income family. 5 were mobile homes. 1B: Code Compliance Respond to and address code compliance issues. Maintain a record of compliance
issues and consider additional programs if
necessary to address particular issues.
Address code compliance
issues as they are identified.
Continued collaboration of efforts between Code and Housing staff allows for a proactive approach to compliance. In 2022, 13 homes were rehabilitated. One direct Code referral with the others having compliance issues that had not yet been cited. 1C: Condominium
Conversion
Monitor condominium conversions and
modify the ordinance if necessary.
Continue program with
annual reviews and
ordinance updates if
determined necessary.
There was no condominium conversions proposed in 2022. The City will ensure compliance with the condominium conversion ordinance and continue to monitor the rate of condominium conversions to determine if modifications to the ordinance is needed.
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
Table D
Program Implementation Status pursuant to GC Section 65583
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
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1D: Preservation of At-Risk
Housing
Monitor deed-restricted units and
coordinate with property owners and
qualified entities as necessary to maintain
affordability of units. Provide assistance,
as needed and available, with funding or
support funding applications.
Annual review of existing
affordable housing stock
and begin proactive
coordination with
owners/operators of
affordable units at least two
years prior to deed-
restriction ending.
Review and monitoring of affordable housing units takes place in the fall of each year. 2A: Affordable Housing
Opportunities
Annually monitor and seek funding,
provide letters of support for funding
applications, annually outreach to
affordable housing developers and local
organizations.
Provided annually and
evaluated once per year to
determine funding
availability.
Continued research and efforts to seek collaborative opportunities for affordable housing.
2B: Homebuyer Assistance
Program
Annually monitor and seek funding,
collaborate with the County of San
Bernardino to promote the homebuyer
assistance program.
Program provided annually
and evaluated once per
year, CalHOME funding
remain available.
Continued research and efforts to seek funding opportunities for future home buyer assistance programs.
2C: Housing Choice
Vouchers
Annually monitor the allocation of Section
8 vouchers and promote the program.
Section 8 vouchers are
distributed through the
County of SB. The City
reviews status.
Continued promotion and referrals to SBC for voucher assistance. Information available on City website and through housing division.
2D: Supportive Services for
Persons with Special Needs
Annually monitor and seek CDBG funding
to address local needs and augment the
regional continuum of care system in San
Bernardino County.
Evaluate use of CDBG Public
Service dollars once per
year
Continued efforts for resources and collaboration with agencies to provide assistance with special needs.
2E: Persons with Physical
and Developmental
Disabilities
Accommodate Reasonable
Accommodation requests as required by
State Law and offer assistance to
applicants.
Respond to and address
Reasonable Accommodation
requests within 120 days of
receipt
City ADA Coordinator and Building staff collaborate to meet requests within the time frame.
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2F: Development of
Environmental Justice
Policies
Amend the General Plan to include
environmental justice policies.
Completed by December
2024.
In process of updating the City's General Plan to include an Environmental Justice Element with policies. Expected to be completed by the end of 2024. 2G: Farmworker Housing Amend the zoning code to comply with State Law for farmworker housing.
Completed by December
2024.
In process of updating the City's zoning code to address farmworker housing. Expected to be completed by May 2023.
2H: Transitional and
Supportive Housing
• Renew and revise the zoning code to
comply with State Law for transitional and
supportive housing.
• Review and revise the zoning code to
permit transitional and supportive housing
as a residential use not subject to special
requirements.
• Review and revise the zoning code to
permit permanent supportive housing
without discretionary actions in multi-
family and non-residential zones.
• Monitor the inventory of sites to
accommodate transitional and supportive
housing.
Completed by December
2024.
In process of updating the City's General Plan to include an update to the transitional and supportive housing standards outlined in the zoning code in compliance with SB2.
Expected to be completed by the end of 2024.
2I: Lot Consolidation Promote lot consolidation information through educational outreach to
developers and property owners.
Completed by April 2025. Continued efforts to support lot consolidations to encourage larger areas for residential development. Will develop and provide lot consolidation information by phone, over the counter, and on the City's website.
2J: Constraints on Housing
for Persons with Disabilities
• Amend the zoning code to comply with
State law for reasonable accommodation
procedures.
• Promote reasonable accommodation
information.
• Review and revise the zoning code to
promote objectivity and approval certainty
for group homes.
Completed by December
2024.
In the process of updating the City's General Plan to include an update to the reasonable accommodations procedures outlined in the zoning code. Expected to be completed by the end of 2024. Will develop and provide reasonable accommodations information by phone, over the counter, and on the City's website.
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2K: Community Outreach Hold at least one (1) community housing workshop or meeting annually to discuss
housing topics and solicit input on
community needs from participants.
A minimum of one meeting
held annually.
Will conduct annual community housing workshops and/or meetings starting in 2023. 2L: Manufactured Homes Amend the Zoning Code relative to manufactured homes to comply with the
relevant requirements of California
Government Code section 65852.3.
Completed by December
2024.
In process of updating the City's General Plan to include an update to the manufactured homes standards outlined in the zoning code in compliance with State law. Expected to be completed by the end of 2024.
2M: Parking for Emergency
Shelters
Amend the Zoning Code relative to
emergency shelter parking requirements
to comply with the relevant requirements
of California Government Code section
65583, subdivision (a)(4).
Completed by December
2024.
In process of updating the City's General Plan to include an update to the emergency shelter parking requirements outlined in the zoning code in compliance with State law.
Expected to be completed by the end of 2024.
3A: Adequate Sites • Maintain an inventory of vacant and underutilized sites and promote them to
interested developers.
• Annually complete the Annual Progress
Reports and monitor progress to meet
RHNA.
Make inventory available by
July 2023 and update once
per year.
Develop and maintain an inventory of vacant and underutilized sites by July 2023 and continually monitor RHNA sites annually to ensure availability.
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3B: Establish an Affordable
Housing Overlay
• Develop and adopt an affordable housing
overlay to be applied to the approximately
90.6 acres to meet a shortfall of 2,233
dwelling units at the very low- and low-
income levels as sites identified
within this Housing Element.
• Develop applicable development
standards as part of the affordable housing
overlay which promote the development
of residential uses at the maximum density
and affordability levels.
identified within this Housing Element.
This may include concessions or
streamlined processes for projects which
include fully affordable developments
consistent with the assumptions in the
housing element by July 2023. The
overlays will include incentives for projects
that propose at least 20% affordable units,
including streamlined processing and fee
deferrals.
• Identify staff resources to provide
technical assistance and outreach relating
to development opportunities on the
candidate housing sites.
• Proactively outreach to developers at
least one time per year regarding
d l ii i ih i
Within 36 months of
adoption of the City’s 2021-
2029 Housing Element
Update
In process of updating City's General Plan, zoning code, and various specific plans to develop and affordable housing overlay to implement the requirements of the 2021- 2029 Housing Element. Expected to be completed by May 2023. Continued effort to provide outreach to developers wanting to develop in the overlays.
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3C: Establish a Mixed-Use
Overlay
• Develop and adopt a mixed-use overlay
to be applied to approximately 138.5 acres
to meet a shortfall of 2,547 dwelling units
at the very low- and low-income levels the
sites as identified within this Housing
Element.
• Develop applicable development
standards as part of the mixed-use overlay
which promote the development of
residential uses at the maximum density
and affordability levels identified within
this Housing Element. This may include
concessions or streamlined processes for
projects which include fully affordable
developments consistent with the
assumptions in the housing element by
July 2023. This may include concessions
The overlays will include incentives for
projects that propose at least 20%
affordable units, including or streamlined
processing and fee deferrals. for projects
which include fully affordable
developments consistent with the
assumptions in the housing element.
• Identify staff resources to provide
technical assistance and outreach relating
to development opportunities on the
did h i i
Within 36 months of
adoption of the City’s 2021-
2029 Housing Element
Update
In process of updating the City's General Plan, zoning code, and various specific plans to develop and mixed use overlay to implement the requirements of the 2021-2029 Housing Element. Expected to be completed by May 2023. Continued effort to provide outreach to developers wanting to develop in the overlays.
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3D: Promote the
Development of Accessory
Dwelling Units (ADUs)
• Developing three pre-approved ADU
designs.
• Waiving specific permitting fees to make
ADU development more feasible.
• Creating an expedited plan check review
process to ease the process for
homeowners.
• Research potential State and regional
funding sources for affordable ADUs and
make information available to the
community.
• Train staff on ADU permitting and make
staff available to address questions
regarding ADUs and provide technical
assistance and outreach to the
community.
Finish evaluation of
potential actions listed in
the program by April 2025.
Annually explore outside
funding sources
Developed three pre-approved ADU plans of various sizes that meet the current building code requirements. Continued effort to educate employees and review City procedures to promote the development of ADUs, including research of available funding sources starting in 2023.
3E: ADU and JADU
Monitoring Program
• Create an ADU monitoring program and
bi-annually review ADU development
progress.
• Identify additional capacity to
accommodate a shortfall of units within
180 days as required by No Net Loss law.
Evaluate ADU production
through the ADU
Monitoring program twice
per year.
Currently tracking ADU and JADU production through permit tracking software. Will monitor number units developed twice a year starting in 2023. 3F: Candidate Sites Used in
Previous Housing Elements
Apply and implement overlays to
candidate sites also identified in the
previous Housing Element to allow
residential use by right in which at least 20
percent of the units are affordable to
lower
income households.
Complete by December
2024.
In process of updating the City's General Plan to include an update to allow residential uses by right as required by State law. Expected to be completed by the end of 2024.
Until such time, the City will abide by State Law.
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3G: Water and Sewer
Resources
Submit the adopted Housing Element to
local water and sewer providers and
establish procedures to grant priority
water and sewer service to eligible
projects in compliance with State law.
Complete by July 2023. Will provide 2021-2029 Housing Element to water and sewer providers once certified by HCD. Expected to occur once the City formally approves the AHO and MUO overlay sites and development standards. Expected to be completed by May 2023. 3H: Replacement Housing Adopt and implement a replacement housing program for units lost in
compliance with State law.
Complete by December
2024.
In process of updating the City's General Plan to include an update to the replacement housing program outlined in the zoning code in compliance with State law. Expected to be completed by the end of 2024.
3I: Measure M • Hold a Measure M vote relating to the
candidate housing sites identified within
this housing element.
• By 2026, initiate a ballot measure, or
other alternative option, to provide City
Council greater discretion in approving
affordable housing and mixed use/housing
options in appropriate locations, including
identifying and rezoning additional sites to
meet the housing needs identified within
the Housing Element or other unique
development opportunities.
Completed June 2022 Measure Y related to the candidate AHO and MUO sites identified in the 2021-2029 Housing Element was completed in June 2022.
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3J: Facilitate Development
on Excess State-Owned
Property
• Coordinate with the State of California
on the development of State-owned
properties and apply and implement the
Affordable Housing Overlay on this site.
Rezoning will establish the applicable
development standards and entitlement
processes. The site was included in the
Measure M vote which approved the
implementation of the overlays on this site
with the applicable density and
development characteristics. The City has
identified this site as 10 acres anticipated
to accommodate the development of 250
units affordable at the low or very-low
income categories.
• Issue an RFQ and/or RFP for future
development of the CIM site within one
year of completion of the overlays added
and implemented on the property.
RFQ/RFP to anticipate development of the
site within three to four years dependent
on developer interest. Incorporate
affordability requirements based on the
State’s Affordable Housing Executive Order
with a target of at least
250 units available at the lower income
categories.
d if i l f di
Complete by April 2025 or
as determined by State
availability.
Pending coordination with the State.
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3K: Housing Program
Monitoring
Annually complete the HCD Progress
Report and conduct a mid-cycle review of
sites strategies
Begin implementation upon
adoption of the City’s 2021-
2029 Housing Element
Update,
evaluate Annual Progress
Review annually, make any
necessary amendments
within by December 2024,
conduct a mid-cycle review.
Continue to complete annual progress report. Review strategies in 2024/25. 3L: Residential Findings Review and revise approval findings needed for residential projects.
Complete by April 2026 In process of updating the City's General Plan to include an update to the findings for residential projects outlined in the zoning code. Expected to be completed by the end of 2024.
3M: Facilitation of
Development of Large Site
• Outreach to the property owners one
time per year throughout the planning
period to discuss future development
opportunities and plans, including
incentives and other mechanisms to
encourage parceling (e.g., 1-5 acres)
appropriate to facilitate housing for lower
income households.
• Proactively market the site with
developers who contact the City looking
for development opportunities.
Outreach to property owner
one time per year.
Conduct outreach to property owners to discuss future development opportunities annually starting in 2023.
4A: Permit Processing Evaluate and improve the one-stop processing system and offer priority
processing of affordable and special needs
housing applications.
Complete evaluation one
time per year.
Continued effort to evaluate and improve one-stop processing system and offer priority processing of qualified applications.
4B: Development Fees Research CDBG and other funding
opportunities (at least two new per year).
Complete research of two
new funding opportunities
per year.
Staff analyzed and applied for two grant opportunities in 2022-2023. CalHome and PLHA.
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4C: Zoning Code Amend the Zoning Code definition of
“family” to be consistent with State law
and address Single Room Occupancy
housing. Annually review the Zoning
Ordinance for additional amendments.
Complete by December
2024.
In process of updating the City's General Plan to include an update to the definition of "family" outlined in the zoning code to be consistent with State law. Expected to be completed by the end of 2024.
4D: Density Bonus
Ordinance
Modify the Density Bonus Ordinance to
comply with latest changes in State Law.
Complete by April 2025. In process of updating the City's General Plan to include an update to the density bonus provisions outlined in the zoning code. Expected to be completed by the end of 2024.
4E: SB 35 Streamlining Adopt written procedures to comply with SB 35.
Complete by April 2025. Establish written procedures for SB35 to comply with State law by 2025. 5A: Fair Housing Program
(Environmental Quality)
• Identify two local community
groups/organizations and outreach to
them directly to discuss local actions
towards reducing reliance on personal
vehicles. Annually conduct targeted
outreach city-wide to collect feedback on
environmental issues, potential solutions,
and access to alternative transportation
modes.
• On a project-by-project basis, or in
collaboration with developers, promote
mixed-use development opportunities on
candidate housing sites where possible or
the development of residential units near
resources and essential commercial needs.
Complete by April 2026 Continued assessment efforts and collaboration to meet outreach goals.
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5A: Fair Housing Program
(Access to Jobs and
Economic Opportunity)
• Through Program Action 2K, annually
conduct one community meeting and
identify potential issues and solutions to
increasing labor participation for residents
who identify as Black. Invite at least one
local community group with experience
engaging minority populations in
workforce involvement.
A minimum of one meeting
held annually.
Continued assessment efforts and collaboration to plan and schedule meeting. 5A: Fair Housing Program
(Access to Quality
Education)
• Through Program Action 2K, annually
conduct one community meeting and
identify potential issues and solutions to
improving access to higher quality
education for residents who identify as
Hispanic or Latino. Invite at least one local
community group with experience
engaging minority populations in access to
educational opportunities.
A minimum of one meeting
held annually.
Continued assessment efforts and collaboration to plan and schedule meeting. 5A: Fair Housing Program
(Access to Financing)
• Continue conducting targeted
investments and programs, and consider
establishing and promoting sweat equity,
down payment assistance for eligible
households, and new rental construction.
Complete by April 2026 Continued assessment efforts and collaboration to work towards establishment of new programs.
5A: Fair Housing Program
(Advertising)
• Create and maintain one information
flyer for landlords with links to resources
available for renters.
Complete by October 2024 Revisions of current marketing material is in process and ongoing as new resources become available.
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5A: Fair Housing Program
(Racial and Ethnic
Segregation)
• Conduct affirmative marketing for each
new project that is developed with
affordable units.
• Conduct a biennial survey of affordable
units to identify how households find
affordable units – aim for 25 percent of
households, at minimum, to find
affordable units through affirmative
marketing within the City limits.
Complete first survey by
December 2025 and every
other year afterwards
Continued assessment efforts and collaboration to work towards establishment of new projects.
5A: Fair Housing Program
(Availability of Affordable
Housing)
• Partner with affordable housing
developers and nonprofits to assist in the
development of affordable housing units.
This may include annual
• Hold one annual meetings and invite all
property owners with deed restricted
affordable units to discuss available
incentives and programs, as well as receive
feedback from the development
community on potential constraints to the
development of affordable units. The City
will aim to assist with the development of
10 lower income units through outreach
and partnerships through the end of the
Planning Period.
A minimum of one meeting
held annually.
Research and assessment of potential partners to develop agenda items and outreach plan.
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5A: Fair Housing Program
(Fair Housing Enforcement
and Outreach)
• Partner with the Inland Fair Housing and
Mediation Board to provide one workshop
per year workshops and outreach
materials. The City is considered a
moderate to high opportunity and
resource area; however, additional
enforcement and outreach on fair housing
may improve opportunities for households
within the City, as well as for households in
the region, and most importantly provide
assistance to residents that may require
additional resources and support.
A minimum of one meeting
held annually.
Continued assessment efforts and collaboration to meet outreach goals. 5A: Fair Housing Program
(Access to Opportunities for
Persons with Disabilities)
• Create and maintain updated
informational materials on programs and
resources available for persons with
disabilities – particularly in census tract
4.04 which has the highest rate of persons
with disabilities.
Complete by April 2024 and
update annually.
Revisions of current informational material is in process and ongoing as new resources become available.
5A: Fair Housing Program
(Location and Type of
Affordability)
• In 2025, evaluate the effectiveness of
these strategies in promoting housing
opportunities throughout and into the City
and make adjustments within one year to
achieve the overall goals.
At least annually explore
and pursue strategies, as
appropriate
Continued assessment efforts and collaboration to work towards establishment of new programs.
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5A: Fair Housing Program
(Public Investment in
Specific Neighborhoods)
• Annual review and CIP programming to
target investment. Prioritize inclusion of
target areas for CIP programs each year.
• Identify at least one CIP priority project
on an Annual basis.
• Implement sidewalk rehabilitation
program
Annually review and seek
funding opportunities and
partnerships
Continued assessment efforts and collaboration to work towards establishment of new programs and enhanced utilization of CDBG funding to offset CIP project costs. 5A: Fair Housing Program
(Environmental and Health
Impacts)
• Include capital projects from each of the
target areas in annual CIP program.
Update annually.
• Identify at least one CIP priority project
on an annual basis.
Identify at least one CIP
priority project on an annual
basis.
Continued assessment efforts and department collaboration to establish priority projects.
5B: Affirmative Marketing
Plan
Require an affirmative marketing plan as a
condition for approval of all new
subdivisions and require apartment
managers to provide evidence of training
in fair housing and landlord/tenant laws as
conditions for the issuance of a business
permit for rental properties.
Update applicable
applications to show
affirmative marketing plan
requirement by April 2024.
Continued research and collaborative efforts to develop a viable plan for affirmative marketing plan condition of approval.
5C: Low Barrier Navigation
Centers
Amend the Zoning Code to comply with
State Law for Low Barrier Navigation
Centers.
Complete by April 2025. In process of updating the City's General Plan to include and update to the low barrier navigation center provisions outlined in the zoning code in compliance with State law.
Expected to be completed by the end of 2024.
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Jurisdiction Chino
Reporting Year 2022 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
568
568
Units by Structure Type Entitled Permitted Completed
SFA 537 91 103
SFD 0 365 402
2 to 4 62 86 0
5+ 210 0 0
ADU 33 25 14
MH 0 0 0
Total 842 567 519
37 422
422
0 0
0 0
0 Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto-calculation formulas
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Total Units Constructed with Streamlining
Total Housing Applications Submitted:
Number of Proposed Units in All Applications Received:
Total Housing Units Approved:
Total Housing Units Disapproved:
Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
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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: APRIL 4, 2023
TO: LINDA REICH, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR
SUBJECT: PROJECT SPECIFIC MAINTENANCE AGREEMENT FOR DRAINAGE / AMENDMENT NO. 1 LANDSCAPE MAINTENANCE AGREEMENT FOR
MASTER SITE APPROVALS PL18-0070 & PL18-0072.
RECOMMENDATION
1) Approve the Project Specific Maintenance Agreement between the City of Chino and the State of California Department of Tra nsportation (Caltrans) for the maintenance of drainage improvements within the State Highway right of way along Euclid Avenue associated with Master Site Approvals PL18 -0070 and PL18 -0072; 2) approve a correlating amendment to the Landscape Maintenance Agreement between Euclid APG LLC and the City of Chino to include the drainage improvements within the State Highway right of way along Euclid Avenue associated with Master Site Approvals PL18 -0070 and PL18 -0072; and 3) authorize the City Manager to execute all the necessary documents on behalf of the City.
FISCAL IMPACT
There is no fiscal impact. The developer is responsible for the maintenance and costs associated with the landscaped areas, including the drainage improvements fronting the project's limits.
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:
· Responsible Long-Range Planning
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COUNCIL MEETING DATE: APRIL 4, 2023
SUBJECT: PROJECT SPECIFIC MAINTENANCE AGREEMENT FOR DRAINAGE / AMENDMENT NO. 1 LANDSCAPE MAINTENANCE AGREEMENT FOR MASTER SITE APPROVALS PL18-0070 & PL18-0072
PAGE 2
BACKGROUND
Alere Property Group, LLC (developer) submitted applications for approval of a 363,626 -square foot light business center on 18.5 acres of land within the Airport Related (AR) land use designation of The Preserve Sp ecific Plan (Exhibit A). The proposed business center would permit a variety of uses including light industrial, light manufacturing, and commercial offices.
This project is located in The Preserve on the northeast corner of Euclid and Bickmore Avenues. This project was conditionally approved by the City of Chino Planning Commission on July 15, 2019.
As part of the Conditions of Approval (COA), the developer is required to design and construct public improvements including, but not limited to storm drain, s treet, water, sewer and landscape improvements in/on Bickmore Avenue and State Route 83 (Euclid Avenue).
Construction of these improvements is ongoing.
ISSUES/ANALYSIS
Caltrans mandates that an encroachment permit be filed and approved prior to any constru ction work within its right of way on Euclid Avenue. The standard encroachment permit requires that the City enter into a landscape maintenance agreement and a project specific maintenance agreement to ensure that the landscaping and drainage along the Cal trans right of way is properly maintained prior to issuance of an encroachment permit by Caltrans.
The City and Caltrans entered into the Landscape Maintenance Agreement on November 16, 2021. It should be further noted, the developer also agreed (by separate agreement) to maintain all the landscape areas fronting their project limits on behalf of the City as better described in Exhibit B. Per the November 16, 2021 staff report, the Project Specific Maintenance Agreement (PSMA) for the drainage improvements along Caltrans right of way would be brought back to the City Council for approval in a subsequent action pending Caltrans final review and approval of the drainage plans. Additionally, the approved Landscape Maintenance Agreement between the City and the developer needs to be amended to also include the drainage improvements (Exhibit C).
Caltrans is now ready to move forward with the PSMA attached as Exhibit D, which was reviewed by Development Engineering staff and approved by the City Attorney.
Attachments: Exhibit A - Location Map
Exhibit B - Landscape Maintenance Agreement
Exhibit C - Amendment No. 1
Exhibit D - Project Specific Maintenance Agreement
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1 EXHIBIT A
LOCATION MAP
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01225.0006/475436.1
Contract No.: 2022-199 A1
Approved:
FIRST AMENDMENT
TO
LANDSCAPE & DRAINAGE MAINTENANCE AGREEMENT
FOR
MASTER SITE APPROVALS PL18-0071&PL18-0072
THIS FIRST AMENDMENT TO MAINTENANCE AGREEMENT (“Amendment No. 1”) is made and entered into thi s 4th day of April 2023 (“Effective Date”), by and between the City of Chino, a California municipal corporation (“City”) and between Euclid APG LLC , a Delaware limited liability company (“Declarant”). City and Declarant are hereinafter referred to individually as “Party” and hereinafter referred to collectively as the “Parties.”
RECITALS
WHEREAS, On November 16, 20 21, the City of Chino entered into a Maintenance Agreement (“Agreement”) with Euclid APG LLC for maintaining and managing certain "Maintenance Areas" which include landscape areas, street lighting, and parkway areas (inclusive of sidewalks) fronting said development that are generally shown on Exhibit B of the Agreement; and
WHEREAS, Declarant and City desire to amend the Agreement to include certain drainage improvements listed in Exhibit 1 attached hereto , which will become part of the Exhibit B of the Agreement . The proposed Maintenance Area will include drainage improvements on State Route 18 (SR -18), consisting of a 42 inch reinforced concrete pipe (RCP), 36 inch RCP, 18 inch RCP, 3.5 feet x 2.5 feet reinforced concrete box (RCB), storm drain channel, concrete junction structure, headwalls, outlet channel, 12 inch diameter riprap, CL4 chain link fence, and sidewalk; and
WHEREAS, By entering into this Amendment No. 1 the Declarant shall be responsible for maintaining and managing all "Maintenance Areas".
TERMS
NOW, THEREFORE, the Parties agree to amend the Agreement as follows:
1. CONTRACT CHANGES.
(a) RECITAL B of the Agreement is hereby replaced in its entirety with:
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The Maintenance Areas include those certain improvements listed in Exhibit B and B-1 attached hereto (collectively, the "Declarant Improvements"). The Maintenance Areas include the landscape areas, street lighting and parkway areas (inclusive of sidewalks) fronting the development and drainage, which includes 42 inch reinforced concrete pi pe (RCP), 36 inch RCP, 18 inch RCP, 3.5 feet x 2.5 feet reinforced concrete box (RCB), storm drain channel, concrete junction structure, headwalls, outlet channel, 12 inch diameter riprap, CL4 chain link fence, and sidewalk placed within the State of California's right of way on SR-83.
(b) Section 6 of the Agreement is hereby replaced in its entirety with:
Declarants Public Improvements Maintenance Requirements.
Subject to the limitations in Section 3 above, the following maintenance requirements shall all be performed pursuant to the maintenance standards and requirements under Section 2 above:
A. Public Street Landscaping, Streetlights, Sidewalks Maintenance The Declarant shall be responsible for maintaining the landscaping and irrigation systems within public parkways located within the Maintenance Areas . The Declarant shall also be responsible for maintaining and repairing all public sidewalks within the Maintenance Areas.
The Declarant shall be responsible for maintaining and repairing street lights, including but not limited to lamp replacement, pole repair, and graffiti removal, within the Maintenance Areas.
B. Walls and Fencing
The Declarant shall be responsible under this Agreement for maintaining any walls and fences within the Maintenance Areas.
C. Monuments
The Declarant shall be responsible for maintaining and repairing any monuments that are located within the Maintenance Areas.
D. Drainage.
The Declarant shall be responsible under this Agreement for the following, but is not limited to concrete repair, replacement, and the removal of dirt, debris, graffiti, weeds, and any deleterious item or material in an expeditious manner.
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E. Changes and Additional City Improvements
In the event the City adds Additional City Improvements to the Property, the Declarant will not be responsible for maintaining such additional improvements.
2. WARRANTY RE ABSENCE OF DEFAULTS. Declarant represents and warrants to City that, as of the Effective Date of this Amendment No. 1, 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 by the City .
3. CONTINUING EFFECT OF AGREEMENT. Except as amended by this Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement.
4. COUNTERPARTS. This Amendment No. 1 may be executed in multiple identical counterparts, each of which shall be deemed an original, but all of which together will constitute one and the same instrument.
5. AUTHORITY. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such pa rty 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]
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IN WITNESS WHEREOF, CITY has caused this Amendment No. 1 to be executed in its behalf by its City Manager and duly attested by its City Clerk, and Declarant has executed this Amendment No. 1, as of this day and year first above written.
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Fred Galante, City Attorney Nicholas S. Liguori, AICP Director of Development Services
EUCLID APG LLC:
Dated: By:
(Signature)
Name:
(Please Print or Type Name)
CITY OF CHINO
Dated:
Linda Reich, City Manager
ATTEST:
Natalie Gonzaga, City Clerk
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LEGEND:
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AREA WITHIN STATE HIGHWAY R/W LIMITS
TO BE MAINTAINED BY CITY OF CHINO
STATE R/W
LOCATION: EUCLID AVENUE (SR 83)
Catch Basin
DIST COUNTY ROUTE POST MILE
08 SBD 83 2.4 -2.6
SHEET
Noa
2 TOTAL SHEETS
3 EUCLID AVENUE
0 ©
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CONCRETE SIDEWALK PER CITY STD. 230
STORM DRAIN CHANNEL
. : • , -: •·· _.·:• ...
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36 11 RCP 2000 □-LOAD WITH WATER TIGHT JOINTS, BEDDING PER L.A.C.D.P.W. STD. 3080-2, CASE 3
HEADWALL PER CALTRANS STD D86B
1211 DIAMETER RIPRAP 2.0' THICK
CL-4 CHAIN LINK FENCE AT HEADWALL PER CALTRANS STD. PLAN A85
OUTLET AT CHANNEL
4211 RCP 2000 □-LOAD WITH WATER TIGHT JOINTS, BEDDING PER L.A.C.D.P.W.
STD. 3080-2, CASE 3
3.51 x 2.51 RCB PER CALTRANS STD D80
CONCRETE JUNCTION STRUCTURE WITHOUT MANHOLE, PER CALTRANS STD D91A, MODIFIED TO JOIN 3.51 x 2.51 RCB
1811 RCP 2000 □-LOAD WITH WATER TIGHT JOINTS, BEDDING PER L.A.C.D.P.W. STD. 3080-2, CASE 3
EXHIBIT 1
NO SCALE
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08-SBD-83-2.4-2.6
1 PROJECT SPECIFIC MAINTENANCE AGREEMENT
WITH CITY OF CHINO
THIS AGREEMENT is made effective this ______ day of ____________, 20__, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE” and the CI TY of CHINO; hereinafter referred to as “CITY”; and collectively referred to as “PARTIES”.
SECTION I
RECITALS
1. Encroachment Permit Number __________________ was executed between CITY and STATE on __________________ to construct and operate drainage on State Route 18 (SR-18), consisting of a 42 inch reinforced concrete pipe (RCP), 36 inch RCP, 18 inch RCP, 3.5 feet x 2.5 feet reinforced concrete box (RCB), storm drain channel, concrete junction structure, headwalls, outlet channel, 12 inch diameter riprap, CL4 chain link fence, and sidewalk hereinafter referred to as “PROJECT”,
2. In accordance with said agreement, it was agreed by PARTIES that prior to or upon PROJECT completion, CITY and STATE will enter into a Maintenance Agreement; and
3. The PARTIES hereto mutually desire to id entify the maintenance responsibilities of CITY for the improvements of PROJECT constructed within the STATE right of way under Encroachment Permit Number __________________.
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
SECTION II
AGREEMENT
1. Exhibit A consists of plan drawings that delineate and describe the areas within STATE right of way which
are the responsibility of the CITY to maintain in accordance with this Agreement.
2. If there is mutual agreement on a chan ge in the maintenance responsibilities between PARTIES, the PARTIES can revise t he Exhibit A or B by a mutual written execution of the exhibit.
3. CITY must obtain the necessary Encroachment Permits from STATE’s District 08 Encroachment Permit Office prior to enter ing STATE right of way to perform CITY maintenance responsibilities. This permit will be issued at no cost to CITY.
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2 4. CITY, at CITY’s expense will entirely mainta in the 42 inch RCP, 36 inch RCP, 18 inch RCP, 3.5 feet x 2.5 feet RCB, storm drai n channel, concrete junction structure, headwalls, outlet channel, 12 inch diamet er riprap, CL4 chain link fence, and sidewalk.
5. LEGAL RELATIONS AND RESPONSIBILITIES
5.1. Nothing within the provisions of this Agre ement is intended to create duties or obligations to or rights in third parties no t parties to this Agreement or to affect the legal liability of a PARTY to the Agreement by imposing any standard of care with respect to the operation and main tenance of STATE highways and local facilities different from the standard of care imposed by law.
5.2. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by, under or in connection with any work, authority or jurisdiction conferred upon STATE under this Agreement. It is unders tood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of their officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tort ious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement.
5.3. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction conferred upon CITY under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including but not limited to, tort ious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement.
6. PREVAILING WAGES:
6.1. Labor Code Compliance- If the work performed under this Agreement is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regul ations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public works. Work performed by CITY's own forces is exempt from the Labor Code's Prevailing Wage requirements.
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3 6.2. Requirements in Subcontracts - CITY shall require its cont ractors to include
prevailing wage requirements in all subcontracts when the work to be performed by the subcontractor under this Agreement is a "public works" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY’s contracts.
7. INSURANCE - SELF-INSURED - CITY is self-ins ured. CITY agrees to deliver evidence of self-insured coverage providing general liability insurance, coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certification of self-insurance letter (“Letter of Self-Insurance”), satisfactory to STATE, certifying that CITY meets the coverage requirements of this section. This Letter of Self-Insurance shall also identify the project location as depicted in Exhibit A. CITY shall deliver to STATE the Letter of Self-Insurance with a signed copy of this AGREEMENT. A copy of the executed Lette r of Self-Insurance shall be attached hereto and incorporate as Exhibit B.
7.1. SELF-INSURED using Contractor - If the work performed under this AGREEMENT is done by CITY’s contractor(s), CITY shall require its contractor(s) to maintain in force, during the term of this AGREEMEN T, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess.
Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement.
8. TERMINATION - This Agreement may be term inated by mutual written consent by PARTIES or by STATE for cause., CITY’s failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE.
9. TERM OF AGREEMENT - This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated as set forth in Article 8 above.
PARTIES are empowered by Streets and Hi ghways Code Section 114 and 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement.
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4 IN WITNESS WHEREOF, the PARTIES hereto ha ve set their hands and seals the day and year first above written.
THE CITY OF CHINO STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By: __________________________
Eunice M. Ulloa
Mayor
Initiated and Approved
By: ___________________________
Linda Reich
City Manager
By: ___________________________
Jim A. Rogers
Deputy District Director
Maintenance District 08
ATTEST:
By: __________________________
Natalie Gonzaga
City Clerk
By: __________________________
Fred Galante
City Attorney
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EXHIBIT A
Plan map identifying the applicable SR-83 highway prop
er, city drainage, and
facilities.
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EXHIBIT B
Letter Certifying City of Chino’s Self-Insured Status
[Attached}
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Revenue: Expenditure: 1006100-43650 | 1002020-43650
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: APRIL 4, 2023
TO: LINDA REICH, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR
SUBJECT: VENDOR CAP INCREASE.
RECOMMENDATION
Approve a vendor cap increase of $18,000 to Curt Pringle and Associates for a total vendor cap of $68,000, for ongoing communication strategy services.
FISCAL IMPACT
There are sufficient funds in the Fiscal Year 2022-2023 budget for this increase.
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
• Superior Customer Service
• Responsible Long-Range Planning
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COUNCIL MEETING DATE: APRIL 4, 2023
SUBJECT: VENDOR CAP INCREASE
PAGE 2
BACKGROUND
The City of Chino’s (“City”) continuous growth coupled with the City’s commitment to organizational goals and St ate mandates has certainly prompted ambitious, but necessary, projects/initiatives. Although the projects may be complex in nature, it is imperative the City engage in ongoing communication with the Chino Community in a manner that is clear and understandable. Examples of the more recent (or ongoing) projects include the Measure Y Special Ballot Measure, Housing Element certification, and the Ramona-Francis Annexation.
Each of these projects is heavily regulated by State law and requires a technical and le gal understanding to ensure successful completion. However, it is also imperative that a robust communication campaign be established to secure community understanding, feedback, and clarification of any misinformation.
To more effectively engage our community, staff has utilized Curt Pringle & Associates (CP&A).
CP&A assisted the City with messaging for the Measure Y Special Ballot Measure, and more recently, has been assisting staff with communication for the Ramona -Francis Annexation. The current vendor cap to CP&A is $50,000.
ISSUES/ANALYSIS
Prior to January 2023, CP&A’s agreement with the City exclusively centered on outreach related to annexing the 145 acres that comprise the Ramona -Francis annexation. In January 2023, the City sought a separate pro posal from CP&A to broaden the scope of work for general communication services. The latter proposal and agreement will be used as needed, for unexpected matters that occur throughout the year.
To accommodate the additional agreement, a n $18,000 vendor c ap increase with CP&A is requested. No appropriation is needed as there are sufficient funds included in Fiscal Year 2022-2023 budget for this increase. If approved, the total CP&A vendor cap will be $68,000.
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Revenue: 1006400-59071 Expenditure: 1006400-43510
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
POLICE DEPARTMENT
COUNCIL MEETING DATE: APRIL 4, 2023
TO: LINDA REICH, CITY MANAGER
FROM: WES SIMMONS, CHIEF OF POLICE
SUBJECT: CIVICA LAW GROUP CONTRACT AMENDMENT.
RECOMMENDATION
1) Approve contract amendm ent and vendor cap increase to the FY 2022 -23 for Civica Law Group by $528,270 for a total annual vendor cap amount of $578,270; 2) appropriate $111,880 from the unappropriated reserves of the General Fund; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.
FISCAL IMPACT
An additional appropriation of $ 111,880 from the General Fund reserves and increase to the revenue. There are sufficient General Fund reserves for this transaction. This is fully offset with costs recovery revenue fees.
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
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COUNCIL MEETING DATE: APRIL 4, 2023
SUBJECT: CIVICA LAW GROUP CONTRACT AMENDMENT
PAGE 2
BACKGROUND
City Council authorization is required when the combined total of purchase orders and agreements to one vendor exceeds $50,000.00. On June 21, 2022, City Council approved the Fiscal Year 2022 -23 vendor cap for Silver & Wright for $889,000. As of March 1, 2023, the City’s prosecuting attorney Matthew Silver is no longer associated with Silver & Wright and established a new firm Civica Law Group, APC. All current code case activity has been transferred to the new firm.
ISSUES/ANALYSIS
The City of Chino previously used Silver & Wright for legal consulting services to prosecute citywide code enforcement activities. The services are used by the Police D epartment, Human Resources Department, and Development Services Department. Due to the closure of the contract with Silver & Wright and establishing a new contract with Civica Law Group, APC as the replacement firm, an additional appropriation of expenditu res and revenue, and vendor cap increase will be required to cover the expenses for the rest of Fiscal Year 2022-23.
Staff, therefore, requests City Council to approve an additional appropriation of $111,880 of expenditures and revenue, contract amendment and increased vendor cap for a total annual vendor cap of $578,270 for Civica Law Group, APC for FY 2022 -23. This is fully offset with costs through recovery revenue fees.
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Contract No.: 2023-223 A1
Approved: 04/04/2023
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 Civica Law Group, APC (“Consultant”) is effective as of the 4th day of April 2023.
RECITALS
A. City and Consultant entered into that certain Agr eement for Contractual Services dated March 9, 2023 (“Agreement”) whereby Consultant agreed to provide legal services.
B. City and Consultant now desire to amend the Agreement.
TERMS
1. Contract Changes. The Agreement is amended as provided herein. a. Section 2.1, Contract Sum , is hereby amended in its entirety to read as follows: Subject to any limitations set forth in th e Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached to the Agreement as Exhibit “C” and incorporated herein by this reference. b. Section 3.4, Term, is hereby amended and restated in its entirety to read as follows: Thi s Agreement shall become effective on the Effective Date identified above and shall co ntinue until and unless the City provides written notice in accordance with Article 7 of the Agreement.
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 this 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 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 be en no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
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City represents and warrants to Consultant that, as of the date of this Amendment, Consultant is not in default of any ma terial 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 stipula te 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, and (iv) the e ntering into this Agreement does not violate any provision of any other Agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
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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
N/A _____________________________
Fred Galante, City Attorney Nicholas S. Liguori, AICP Director of Development Services Department
CONSULTANT:
CIVICA LAW GROUP, APC
By:
Name: Matthew Silver
Title: Managing Partner
Address: 4000 Barranca Parkway
Suite 260, PMB #782
Irvine, CA 92604
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Revenue: Expenditure: 5407360 - 48005 | 48007 | 48008 | 48009 - SD153
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: APRIL 4, 2023
TO: LINDA REICH, CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: APPROVE CHANGE ORDER: 3-SYSTEM STORM DRAIN PROJECT (SD153).
RECOMMENDATION
1) Approve a construction contract contingency increase of $5,276; 2) approve a construction contract change order to James Mcminn, Inc., in the amount of $7,083 for a revised not -to- exceed contract amount of $3,452,903.06; 2) authorize the City M anager to execute all necessary documents on behalf of the City.
FISCAL IMPACT
There are sufficient funds in the SD153 project budget for Fiscal Year 2022-23.
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
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COUNCIL MEETING DATE: APRIL 4, 2023
SUBJECT: APPROVE CHANGE ORDER: 3-SYSTEM STORM DRAIN PROJECT (SD153) PAGE 2
BACKGROUND
The 3 System Storm Drain project (SD153) is composed of three storm drain reaches outlined in the City of Chino Master Plan of Drainage (MPD). The project will allow the systems to intercept drainage flows that currently dischar ge to Magnolia Avenue just south of State Route 60, conveying them to the existing Riverside Drive. This project will mitigate the recurrent flooding in this area. Project SD153 consists of the installation of the Storm Drain Master Plan System, grind and overlay along the pipeline alignment, and construction of accessibility improvements at the intersections of Walnut Avenue at Ross Avenue and Walnut Avenue at Magnolia Avenue. On June 12, 2020, Council awarded a contract to James Mcminn, Inc. (JMI) of Riverside, CA, in an amount of $2,699,055.39 for construction of Project SD153.
During excavation of storm drain construction activities for the 3 -System Storm Drain Project on Ross Avenue between Riverside Drive and Walnut Avenue and Walnut Avenue between Ro ss Avenue and Magnolia Avenue, it was observed that the existing water service laterals were leaking and in need of replacement due to deterioration. To avoid disturbing the pavement of a newly paved street in the future, staff recommended replacement of t he water service laterals during the construction of storm drain improvements. On July 20, 2021, City Council approved a contract increase in the amount of $478,666.25 for Construction Contract Change Order No. 2.
ISSUES/ANALYSIS
To meet the requirements of the City Traffic Department, additional striping was added to the contract scope. Construction Contract Change Order No. 5 was negotiated with the Contractor for a total amount $7,083.00 to provide the required striping per the City Traffic Department’s drawings.
Staff recommends a construction contingency increase of $5,276. Staff also recommends that City Council approve Construction Contract Change Order No. 5 in the amount of $7,083 for a new total construction contract amount not-to-exceed $3,452,903.06.
The following is a summary of the current accounting cost for the contract:
CONTRACT CONTINGENCY
Original Contract & Contingency $2,699,055.39 $269,096.00 CO1 11,280.14 -11,280.14
CO2 Amendment & Contingency 534,035.93 -55,369.68
CO3 62,480.12 -62,480.12
CO4 138,968.48 -138,968.48
Request Contingency Increase 5,276.00
CO5 7,083.00 -4,466.58
Current Contract & Contingency Balance $3,452,903.06 $1,807.00
Attachment: Construction Contract Change Order No. 5 - James Mcminn, Inc. (SD153)
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E U N I C E M . U L L O A C U R T I S B U R T O N M a y o r CHRISTOPHER FLORES
MARC LUCIO
Council Members
KAREN 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: $2,699,055.39
$746,764.67
LOCATION: Ross, Walnut and Magnolia Avenues $7,083.00
$3,452,903.06
TO (Contractor): James Mcminn, Inc.
UNIT UNIT PRICE
CHANGE IN
CONTRACT
PRICE
LS $ 7,083.00 $ 7,083.00
7,083.00$
746,764.67$
753,847.67$
$7,083.00
$3,452,903.06 including the previously authorized change orders in sum of The sum of
$746,764.67thereby is
TOTAL CHANGE ON PREVIOUSLY AUTHORIZED CONTRACT CHANGE ORDERS
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.
The time provided for completion in the contract is increased by 0 working days. The completion date is 8/30/2021 .
SD-153
3 System Storm Drain Project
QUANTITY
Adjusted Contract Amount:
THE CONTRACT IS CHANGED AS FOLLOWS:
Previously Authorized Contract Change Orders:
ITEM
NO.
CONTRACT NO.:
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
CONTRACT CHANGE ORDER
CHANGE ORDER NO: 503/01/23
5.1 Additional Striping requested by the City on Ross Avenue and Walnut Avenue, work includes double yellow lane line, edgelines and pavement markings.
Original Contract Amount:
is hereby applied to the contract price of $3,445,820.06 1 Authorized Amount For This Contract Change Order:
TOTAL CHANGE ON THIS CONTRACT CHANGE ORDER
DESCRIPTION