CHINO CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
REGULAR MEETING - CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, APRIL 18, 2023
CLOSED SESSION - 6:45 PM
OPEN SESSION - 7:00 PM
MINUTES
CALL TO ORDER
The April 18, 2023, Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 6:47 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, and 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.
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 recessed to Closed Session at 6:48 p.m. and concluded at 7:00 p.m. The City Council reconvened the regular meeting at 7:03 p.m.
FLAG SALUTE
Council Member Burton led the Pledge of Allegiance.
CEREMONIALS
Proclamations
Purple Up! For Miliary Kids - April 2003.
Mayor Ulloa announced the Proclamation designated April 2023 as Purple Up! For Military Kids Month in Chino. Erika Hernandez, Secretary and Elmer C. Jertberg, Junior Auxiliary Program Chairman, American Legion Auxiliary Unit 299, were present to accept the Proclamation.
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Emergency Medical Services Week - May 21-27, 2023.
Mayor Ulloa announced the Proclamation designating May 21-27, 2023 as Emergency Medical Services Week in Chino. Jeremy Ault, Deputy Fire Chief, was present to accept the proclamation.
Wildlife Awareness Month - May 2023.
Mayor Ulloa announced the Proclamation designating May 2023 as Wildfire Awareness Month in Chino. Jeremy Ault, Deputy Fire Chief, was present to accept the proclamation.
REPORT OUT OF CLOSED SESSON
City Attorney Fred Galante reported out of closed session as follows:
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.
City Attorney Fred Galante reported the City Council did not complete discussions on the closed session item and will reconvene after the regular meeting. A report out for the item will be provided at the conclusion of Closed Session.
AGENDA ADDITIONS/REVISIONS
City Manager Linda Reich reported there were no additions or revisions to the agenda.
INFORMATION
Mayor Ulloa announced the Economic Development Report for April 2023, Monthly Agency Reports, and the Legislative Update - Tracked Pieces of Legislation were included in the agenda packet.
PUBLIC ANNOUNCEMENTS
Mayor Ulloa issued a reminder about the following scheduled community events:
• Chino Kiwanis Corn Feed Run and Car Show & Cruise is Saturday, April 22, 2023 from 8:00 a.m. to 3:00 p.m. at the Chino Civic Center. For information, visit www.chinokiwanis.com. • Community Earth Day is Thursday, April 20 from 4:00 - 7:00 p.m. at the Chino Creek Wetlands and Educational Park, 6075 Kimball Avenue. For more information, call (909) 334-3282. • The City Council regular meetings will begin at 6:00 p.m., instead of 7:00 p.m., and if needed, closed sessions will be scheduled prior to the regular meeting no earlier than 4:00 p.m. The Planning Commission and Community Services Commission will also adjust their meeting times starting in May. The Planning Commission regular meeting will be held on the third Wednesday of every month at 6:00 p.m., and the Community Services Commission regular meetings will be held on the fourth Monday of every month at 6:00 p.m.
PUBLIC COMMENTS
Imam Taleb Alsafi, Chino Valley Islamic Center, provided the invocation.
Melissa Compani, Representative, Fourth District San Bernardino County Supervisor Curt Hagman, announced upcoming events.
Sonja Shaw, President, Chino Valley Unified School District, thanked the Council for their partnership and provided an update on District events.
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Mr. Trang Huynh, City of Garden Grove resident, expressed his gratitude to the City of Chino Police Department for recovering his stolen personal items.
A resident of Chino expressed appreciation for the Chino Police Department, shared concern regarding high-speed traffic on Norton Avenue, the lack of designated community parks in the Chino downtown area, and suggested the park located adjacent to the Carolyn Owens building to be restored.
Hayden Arthur, Lauren Liang, Pochan Lin, and Jalo Bailey, students from Ontario Christian High School, provided an introduction.
CONSENT CALENDAR
1. Warrants: Approve expenses as audited and within budget for warrants 764728 to 764853, and Electronic Fund Transfers 517033E to 517111E, totaling $4,525,099.33.
2. 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.
3. Vendor Cap Increase - CivicPlus. 1) Approve a vendor cap increase in the amount of $6,000, for a total vendor cap not-to-exceed $56,000, to CivicPlus for the SeeClickFix Application and Associated Services, and 2) authorize the City Manager to execute all necessary documents on behalf of the City.
4. Vendor Cap Increase - Am-Tec Total Security, Inc. Approve a vendor cap increase with Am-Tec Total Security, Inc., Chino, CA in the amount of $95,000 for a total not-to-exceed vendor cap amount of $145,000.
Vendor Cap Increase - C.E. Mechanical, Inc. Approve a vendor cap increase with C.E Mechanical, Inc., Chino, CA in the amount of $25,000 for a total not-to-exceed amount of $114,626.80.
6. Vendor Cap Increase - Miracle Recreation Equipment Company, Inc.-PlayPower, Inc. Approve a vendor cap increase with Miracle Recreation Equipment Company, Inc.- PlayPower, Inc., Dallas, TX in the amount of $40,000 for a total not-to-exceed amount of $244,489.56.
7. Vendor Cap Increase - New Tangram, LLC. Approve a vendor cap increase with New Tangram, LLC, Newport Beach, CA in the amount of $35,000 for a total not-to-exceed amount of $95,281.30.
8. Vendor Cap Increase and Amendment to Purchase Orders - Western Water Works. Approve a vendor cap increase for Western Water Works, Chino, CA, in the amount of $14,000, for a revised vendor cap amount not-to-exceed $99,000.
9. Vendor Cap Increase - FlockSafety. Approve a vendor cap increase for Flock Safety in the amount of $2,000 for repair and replacement equipment.
10. Purchase Order and Vendor Cap Increase - H2 Environmental Consulting Services, Inc. Approve a purchase order with H2 Environmental Consulting Services, Inc., Chino, CA in the amount of $7,950 for the Water Environmental Building.
11. Purchase Order and Vendor Cap Increase - Warren Anderson Ford. Approve a purchase order to Fritts Ford, Riverside CA in the amount of $90,189.04 for the purchase of one (1) Model Year 2022 Ford F-350 8-foot service body truck and increase the vendor cap by $90,189.04, for a revised total vendor cap of $169,936.15.
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12. Amendment to Professional Services Agreement for Legal Services. Approve a contract amendment to Kaplan Kirsch & Rockwell, LLC., Denver, CO in the amount of $45,000 for legal services.
13. Contract Amendment and Vendor Cap Increase - Community Works Design Group. Approve a professional services contract amendment with Community Works Design Group, Riverside, CA in the amount of $24,925 for accessibility design services.
14. Adoption of Ordinance No. 2023-008 and 2023-009, Housing Overlays (Second Reading). Adopt Ordinance No. 2023-008, adopting amendments to Title 20 (Zoning) of the Chino Municipal Code consisting of modifications and additions to several chapters, and Ordinance No. 2023-00S (Specific Plan Amendments) consisting of modifications and additions to various chapters related to the addition of the Affordable Housing and Mixed Use Overlay Districts.
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 ORDINANCE 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 REVISING 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)
15. Annual Comprehensive Financial Report for Fiscal Year 2021-22. Receive and file the City of Chino's Annual Comprehensive Financial Report for Fiscal Year 2021-22.
16. Community Facilities District 2023-1 (Sage Cedar) of the City of Chino. Adopt Resolution No. 2023-023, declaring the City of Chino's Intention to Establish Community Facilities District No. 2023-1 and to authorize the Levy of Special Taxes; adopt Resolution No. 2023-024, declaring the City of Chino's Intention to Incur Bonded Indebtedness for the proposed Community Facilities District No. 2023-1; and approve the Reimbursement Agreement between the City and Tri Point Homes for the payment of consulting services relating to the formation of Community Facilities District No. 2023-1.
Consent Calendar Item No. 17 was pulled by Council Member Burton for a staff report.
Motioned by Council Member Flores, seconded by Council Member Lucio, to approve the Consent Calendar items 1-16 as presented, with Item 17 pulled for separate action. The motion carried by the following vote:
AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.
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NOES: NONE.
ABSENT: NONE.
ITEMS PULLED FROM THE CONSENT CALENDAR
17. Rescission of Drought Response Action Resolution. Adopt Resolution No. 2023-025 rescinding the significant water supply shortage declaration and corresponding implementation of Level 1 and 2 measures described in the City's Water Shortage Contingency Plan.
Dave Crosley, Utilities/Engineering Operations Manager, provided a report on the item.
Council Member Burton asked staff to provide a report to inform residents that California's drought continues and urged water conservation.
Motioned by Council Member Burton, seconded by Mayor Pro Tem Comstock, to approve Item 17 as presented. The motion carried by the following vote:
AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.
NOES: NONE.
ABSENT: NONE.
NEW BUSINESS
18. Memorandum of Understanding with City of Ontario for Storm Drain Line I. Approve a Memorandum of Understanding with the City of Ontario for the financing and construction of Storm Drain Line I.
Jesus Plasencia, PE, Assistant City Engineer provided a report on the item. He shared the MOU outlines the cost share for Line I for City of Chino at 58%, or $29.58M, and City of Ontario's share would be 42%, or $21.42M, for a total project cost of $51M.
City Attorney Galante provided an overview on the water law requirements that protect historic water flows.
Mayor Ulloa requested staff negotiate cost shares with the San Bernardino Flood Control District and ensure the City does not incur the bulk of the fees. Mr. Plasencia stated he believes there is an opportunity for the San Bernardino Flood Control District to agree to the proposed cost shares.
Council Member Lucio noted there are ongoing new development projects in this area that include new infrastructure, sewer drains, roads, along with Chino Airport who is also responsible for the runoff that comes into the City of Chino. He asked Staff to clarify if San Bernardino County will participate in the cost share to help fund the project. Mr. Plasencia explained this project is to be considered a regional facility serving more than one agency and there is confirmation of runoff coming from both City of Chino and City of Ontario and the fees would be shared.
Mayor Pro Tem Comstock stated this project has been studied in detail by all impacted parties this project as a regional project. She noted the commitment with all the entities involved to provide the necessary funding and expressed gratitude to the Staff for their efforts. Mayor Pro Tem Comstock noted that this project is greatly needed to help address the flooding experienced in our community and added that construction costs are not likely to decrease in the future.
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Council Member Lucio asked staff to identify the funding source and provide a timeframe estimate to generate the funds, should the County decide not to fund half of the money needed for this project, and Mr. Plasencia confirmed staff are actively looking for grant and bond opportunities and noted that this is a long-term project that will be built over time. He confirmed the City has the funds to construct a portion of the storm drain and Staff will continue to seek additional funding for the remainder of the project. Mr. Plasencia explained there is a portion of the storm drain that is located south of Pine Avenue that outlets to the Prado basin that will require jurisdictional approval from the Orange County Flood Control District and Army Corps of Engineers that will be a long-term project.
Mayor Pro Tem Comstock asked staff to provide an update on whether the City's application as a regional project has been accepted, and Mr. Plasencia indicated the acceptance notification is anticipated to be received in early 2024. Mayor Pro Tem Comstock requested staff to report back to the City Council with the progress of this project.
Moved by Council Member Burton, seconded by Mayor Pro Tem Comstock, to 1) Approve a Memorandum of Understanding with the City of Ontario for the financing and construction of Storm Drain Line I; and 2) authorize the City Manager to execute the necessary documents on behalf of the city. The motion carried by the following vote:
AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.
NOES: NONE.
ABSENT: NONE.
MAYOR AND COUNCIL REPORTS
Mayor Ulloa
Mayor Ulloa reported on the following meetings and events including the San Bernardino County Transportation Authority Boards of Director's meeting; Omnitrans meeting; City Council Workshop; Mayor's Prayer Breakfast; Omnitrans Administration and Finance Committee meeting; San Bernardino County Transportation Authority Transit Committee meeting; Metro Valley Study Session; Chino Youth Track and Field Meet Opening Ceremony at Don Lugo High School; City Manager meeting; Eastside Water Treatment Plant Ribbon Cutting Ceremony; and Closed Session.
Mayor Pro Tem Comstock
Mayor Pro Tem Comstock reported on the following meetings and events including an Annexation public meeting; City Manager meeting; Council Meeting Workshop; Cal Cities Leadership Conference in Sacramento and provided a report on the standing Assembly Bills that affect local government and expressed the importance of establishing a relationship with lobbyists to get support on bills that are being discussed in Sacramento that directly affect City of Chino.
Council Member Burton
Council Member Burton reported on the following meetings and events including Customer Service Training; Chino Valley Unified School District Board meeting; Don Lugo Sports Booster Fundraiser Event; Chino Youth Track and Field Meet Opening Ceremony at Don Lugo High School; City Manager meeting; Chino Planning Commission meeting and thanked Economic Development Manager Chris Kennedy for assisting a business owner locate a site in the City of Chino; and attended the Eastside Water Treatment Plant Ribbon Cutting Ceremony.
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Council Member Flores
Council Member Flores reported on the following meetings and events including the San Bernardino County Transportation Authority Board of Director's meeting; Omnitrans meeting; an Annexation public meeting; meeting with Congresswoman Norma Torres; Chino Valley Unified School District Board meeting; Omnitrans Tour Orientation; City Manager meeting; Adrian's World Inc. meeting; Cal Cities Leadership Conference in Sacramento and noted that he concurred with Mayor Pro Tem Comstock's report and expressed support to increase efforts to strengthen lobbyist relationships; attended the Chino Valley Chamber of Commerce meeting; California Institution for Men (CIM) and California Institution for Women (CIW) Citizen's Advisory meeting; Eastside Water Treatment Plant Ribbon Cutting Ceremony; and the Customer Service Training.
Council Member Lucio
Council Member Lucio reported on the following meetings and events attended including the Emergency Managers Mitigation Training meeting; City Manager meeting; meeting with Chino Valley Unified School District President Sonja Shaw and Chino High School Coach Alex Angulo Mes (Cland Calma nation or Women (i citer dison
a report on prison safety protocols; and attended the East Side Water Treatment Plant Ribbon Cutting Ceremony.
City Manager's Report
City Manager Reich had no report.
City Attorney's Report
City Attorney Fred Galante commented on the Mayor's interest in establishing a coalition to address the early prison release initiatives and legislation. He reported that the Orange County Coalition raised similar issues and offered the opportunity to join and expand the efforts to increase significant support. Mayor Ulloa expressed that she would like to seek a unified coalition with Orange, Riverside, and San Bernardino counties and together lobby for legislation changes to benefit all counties.
Police Chief's Report
Police Chief Wes Simmons invited residents to the Police Department Community meeting to recruit members of the public to serve as volunteers to their Community Emergency Response Team and provided an update of Police Department activities.
Fire Chief's Report
Deputy Fire Chief Jeremy Ault provided an update on upcoming events and activities.
Mayor Ulloa clarified regarding the groundbreaking ceremony for Fire Station 68 estimated to take place in 2025.
Council Member Burton thanked the Chino Valley Fire District team for their dedication to the Chino community.
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CLOSED SESSION
The City Council recessed back into Closed Session at 8:39 p.m. to discuss closed session item 1.
The City Council concluded Closed Session at 9:35 p.m.
REPORT OUT OF CLOSED SESSION
City Attorney Fred Galante reported out of closed session as follows:
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.
Motioned by Mayor Ulloa, seconded by Mayor Pro Tem Comstock, to authorize the initiation of a legal challenge against the Monte Vista Water District (MVWD) regarding the environmental latent sewer service. The motion carried the following vote:
AYES: LUCIO, FLORES, BURTON, COMSTOCK, ULLOA
NOES: NONE.
ABSENT: NONE.
ADJOURN
The meeting adjourned at 9:37 p.m. The next Regular Meeting of the City Council will be held on Tuesday, May 2, 2023, at 6:00 p.m. (Closed Session no sooner than 4:00 p.m. if necessary) in these Council Chambers.
APPROVED AND ADOPTED THIS 16" DAY OF SEPTEMBI
CURTIS BURTON, MAYOR PRO TEM
ATTEST:
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NATALIE GONZAGA, CITY CLERK
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(These minutes are not official until signed.)