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 majorit y 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 at www.cityofchino.org.
CHINO CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
REGULAR MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY 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
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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).
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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.
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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.
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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.
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Natalie Gonzaga, City Clerk.