CHINO CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
REGULAR MEETING - CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, SEPTEMBER 5, 2023
MINUTES
CLOSED SESSION - 4:30 PM
OPEN SESSION - 6:00 PM
CALL TO ORDER
The September 5, 2023, Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 4:31 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, and Council Member Marc Lucio
ABSENT: Council Member Christopher Flores
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 REAL PROPERTY NEGOTIATOR
Pursuant to Government Code Section 54956.8
Property: 5412 Francis Avenue (APN 1014-281-03 and -08) Agency Negotiator: Linda Reich, City Manager
Negotiating Party: Grand West Coast Investment, LLC
Under Negotiation: Price and terms of potential acquisition
2. WORKER'S COMPENSATION CLAIMS
Pursuant to Government Code 54956.95 to consider the following worker's compensation claim:
Claimant: Theodore R. Sutton Claim No. 211022165
Agency claimed against: City of Chino
3. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d) (1)
Elise Brown v. County of San Bernardino et al. (Central District Court Case No. 5:20 cv 01116
MCS SP)
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The City Council recessed to Closed Session at 4:34 p.m. and concluded at 5:14 p.m. The City Council reconvened the meeting at 6:01 p.m.
FLAG SALUTE
Council Member Burton led the assembly in reciting the Pledge of Allegiance.
CEREMONIALS
Proclamations
National Preparedness Month. Proclaim September 2023 as National Preparedness Month.
Mayor Ulloa read into the record the proclamation designating the month of September 2023 as National Preparedness Month. Denise School, City of Chino Emergency Services Coordinator, accepted the proclamation.
Suicide Prevention Awareness Month. Proclaim September 2023 as Suicide Prevention Awareness Month.
Mayor Ulloa read into the record the proclamation designating the month of September 2023 as Suicide Prevention Awareness Month. Kari Franco, Community Services Supervisor introduced Erin Zamora, LMFT, LPCC, Program Manager II, San Bernardino County Community Crisis Services and Darcie Edwards, LMFT, Supervisor, San Bernardino County Clinic Crisis Contact center, who accepted the proclamation.
National Childhood Obesity Awareness Month. Proclaim September 2023 as National Childhood Obesity Awareness Month.
Mayor Ulloa read into the record the proclamation designating the month of September 2023 as National Childhood Obesity Awareness Month. Brittany Zarcal, Community Services Supervisor and Michelle Leggett, Healthy Chino Coordinator, accepted the proclamation.
Presentations
Business of the Month - September 2023. Award of Business of the Month for September 2023 to Living Waters Pool Service.
Mayor Ulloa presented the September 2023 Business of the Month Award to Living Waters Pool Service. Living Waters Pool Service representatives Troy, Erika, Jared, Trent, and Jade were present to accept the award.
Mayor's Home Beautification Award. Award of Mayor's Home Beautification Award for September 2023.
Mayor Ulloa presented the Mayor's Home Beautification Award for September 2023 to James YuanJian Zhang of Chino.
The Let it Be Foundation. Presentation from The Let it Be Foundation Youth Leadership Team.
Alexis Lepore, Ethan Laurin, Danea Alonzo, Abigail Senwrick, and Tatum Morris provided a presentation regarding the Let it Be Foundation Youth Leadership Team and distributed "Gold Out" shirts to the Mayor and Council Members.
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REPORT OUT OF CLOSED SESSION
City Attorney Fred Galante reported on closed session as follows:
2. WORKER'S COMPENSATION CLAIMS
Pursuant to Government Code 54956.95 to consider the following worker's compensation claim Claimant: Theodore R. Sutton Claim No. 211022165
Agency claimed against: City of Chino
The City Council received an update, provided direction, and no further reportable action was taken.
3. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Elise Brown v. County of San Bernardino et al. (Central District Court Case No. 5:20 cv 01116 MCS SP)
The City Council received an update, provided direction, and no further reportable action was taken.
1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to Government Code Section 54956.8
Property: 5412 Francis Avenue (APN 1014-281-03 and -08) Agency Negotiator: Linda Reich, City Manager
Negotiating Party: Grand West Coast Investment, LLC
Under Negotiation: Price and terms of potential acquisition Mayor Ulloa abstained and recused herself from the Closed Session room. City Council received an update and provided direction, no further reportable action was taken.
AGENDA ADDITIONS/REVISIONS
City Manager Linda Reich reported agenda Item No. 19 will be pulled and returned to staff and noted a correction to Item No. 2 Minutes to add Council Member Lucio to the roll call for July 5 and July 18, 2023 minutes.
INFORMATION
Presentation - 2023 Tropical Cyclone Hilary
Denise School, City of Chino Emergency Services Coordinator, presented a report on the steps the City took to prepare for the 2023 Tropical Cyclone Hilary, including activation of the Emergency Operations Center (EOC) to Level 3 (lowest level); providing sandbags in coordination with the Chino Valley Fire Department, Community Services, Parks & Recreation personnel staffed fire stations to assist with sandbags, Public Works cleared storm drain inlets and fallen trees, and the Police Department ensured there were no people in the flood channels.
The Mayor and City Council Members thanked City staff for their team effort to ensure safety, acknowledged the proactive preparation efforts that took place, and thanked City residents for following safety protocol instructions.
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PUBLIC ANNOUNCEMENTS
Mayor Ulloa issued a reminder about the following scheduled community events and in-memoriam announcements:
The Chino Cares Emergency Preparedness Fair will occur on Saturday, September 16 at the Chino Civic Center from 10:00 a.m. to 2:00 p.m. Residents are invited to the City's first Chino Cares Emergency Preparedness Fair in collaboration with the Chino Police Department, Chino Valley Fire District, and the California Fire Foundation. For further details and registration information, please visit www.cityofchino.org/CCPF.
The City of Chino Second Annual Photo Contest will occur during the month of September and photographers of all ages and skill levels are invited to capture the essence of the Chino community. Visit www.cityofchino.org/photocontest to submit your entries by the deadline on September 26, 2023, at 5:00 p.m.
Mayor Ulloa announced the City Council Meeting will be adjourned in memory of Glenn Duncan, Donna De Bie, and Father Mike Maher. Mayor Ulloa took a moment to pay a tribute to the three individuals who built a legacy that will be remembered for generations to come.
PUBLIC COMMENTS
Pastor Roy Robbins, Christ Lutheran Church, provided the invocation.
Melissa Compani, Field Representative for Curt Hagman Fourth District Supervisor's Office, provided announcements and an update on upcoming events.
Donna Marchesi, resident, spoke in opposition of the Inland Valley Humane Society (IVHS) actions to suspend the feral cat neuter discount program. Ms. Marchesi frequently uses the program in order to help with the feral cat population in the City of Chino. She noted the IVHS fee of $70 is not reasonable for those who are already spending money and time to trap, neuter and return cats. City Manager Reich invited Ms. Marchesi to speak with City staff to see how the City can assist in this effort.
Terri Carven, resident, spoke in opposition of the Inland Valley Humane Society's decision to suspend the feral cat neuter discount program. Mayor Ulloa asked City staff to follow up with Ms. Carven regarding her concerns.
Reana Garcia, read a letter on behalf of Melinda Mendoza, who unable to attend the meeting.
The letter expressed the need for softball field renovations at Ayala Park for Chino Girls Fastpitch.
Reana Garcia, resident, and parent of Chino Girls Fastpitch players, spoke in support of the Ayala Park softball field renovations and detailed the concerns related to the delay in completing the renovations.
Aria Alvarez, resident, Chino Girls Fastpitch player, spoke in favor of Ayala Park softball field renovations and expressed the need for shade in the dugouts during games.
Lori Langrell, of Chino Girls Fastpitch, spoke in favor of the Ayala Park Improvement Project and explained that they have lost participation in their softball program due to the renovations not being completed. Ms. Langrell read an update provided to her by the City in January 2017, and noted the project remains unapproved today. City Manager Reich explained the softball field improvement bids were 2.1 million over the estimate and staff is in the process of finding a
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more affordable resolution.
A resident of The Preserve spoke regarding concerns of truck traffic at Bickmore Avenue. She also shared concerns regarding parking restrictions for street sweeping in her neighborhood.
Mayor Ulloa requested staff to follow up with the resident regarding her concerns.
RECESS
The City Council took a brief 5 minute recess to resolve technical difficulties.
CONSENT CALENDAR
Motion by Council Member Burton, seconded by Council Member Lucio, to approve the Consent Calendar items 1-16 as presented, with minor edits to Item No. 2 Minutes to include Council Member Lucio in the roll call for July 5 and July 18, 2023 meeting minutes. The motion carried by the following vote:
AYES: ULLOA, COMSTOCK, BURTON, AND LUCIO
NOES: NONE.
ABSENT: FLORES
Warrants. Warrants
2. Minutes. Regular Meeting Minutes for July 18, 2023 (All Members Present); July 5, 2023 (All Members Present).
3. Elected City Officials' Report Regarding Travel, Training, and Meetings. Elected City Officials' Report reflecting City Council business related expenses incurred by the City.
4. Annexation of Territory into Community Facilities District 2003-03 Improvement Area 5.
Adoption of Resolution 2023-053 for Annexation No. 8 of Territory into Existing Community Facilities District No. 2003-03 Improvement Area 5.
5. Adoption of Ordinance No. 2023-017. Adoption of Ordinance No. 2023-017 amending multiple sections of Title 15 of the Chino Municipal Code (Second Reading).
Final Acceptance of Public Improvements - Kimball Business Park Phase |I / Parcel Map No. 19689 (Orbis Real Estate Partners). Accept the public improvements for Orbis Real Estate Partners pertaining to Kimball Business Park Phase I| / Parcel Map No. 19689 as complete and authorize release of the performance bond and initiate the warranty bond.
7. Covenant Agreement to Annex for Sanitary Sewer Service -11589 Yorba Avenue. Adopt Resolution 2023-054 conditionally approving a Covenant Agreement to Annex for Sanitary Sewer Service and request approval from the San Bernardino Local Agency Formation Commission for sanitary sewer service for the property located at 11589 Yorba Avenue within the City of Chino's Sphere of Influence.
8. Memorandum of Understanding - Pine Avenue / Euclid Avenues Intersection Improvements.
Approve a Memorandum of Understanding between the City of Chino and Chino Preserve Development Corporation for the construction of the Pine Avenue / Euclid Avenue Intersection Improvements.
9. Renewal of Live Entertainment Permit - Casa Diaz. Approval of a renewal Live Entertainment Permit for Casa Diaz at 7041 Schaefer Avenue for a period of 12 months, subject to quarterly review of satisfactory compliance with terms, conditions, and restrictions of permit.
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10. Renewal of Live Entertainment Permit - The Patio Grill & Cantina. Approval of a renewal Live Entertainment Permit for The Patio Grill & Cantina at 13511 Central Avenue for a period of 12 months, subject to quarterly review of satisfactory compliance with terms, conditions, and restrictions of permit.
11. Master Contracts - Chino Valley Unified School District. Approve Master Contracts with the Chino Valley Unified School District for the provision of Community Services programs for Fiscal Year 2023-24.
12. Vendor Cap Increase - New Tangram, LLC. Approve a vendor cap increase with New Tangram, LLC in the amount of $100,000 for a total not-to-exceed amount of $150,000 for design services, purchase and installation of modular furniture systems, and reconfiguring existing workstations at City-owned facilities.
13. Notice of Completion - Water Environmental Building Lead and Asbestos Abatement Project (MS237). Accept the Water Environmental Building Lead and Asbestos Abatement project (MS237) completed by Resource Environmental, Inc., Cerritos, CA, Contract #2023-251, as complete.
14. Notice of Completion - WA19C Eastside Water Treatment Facility Expansion Project Accept the Eastside Water Treatment Facility Expansion Project (WA19C), completed by Pacific Hydrotech Corporation, as complete.
15. Purchase Order - 2023 Chevrolet Tahoe Approve a Purchase Order to M.K. Smith Chevrolet for a 2023 Chevrolet Tahoe in the amount of $60,933.62.
16. Purchase Order - 2023 Asphalt Patch Truck. Approve a Purchase Order to PB Loader Corporation for a 2023 Asphalt Patch Truck in the amount of $286,547.69.
PUBLIC HEARING
17. Amended Operating Covenant and Restrictive Covenants Affecting Interests In Real Property.
Approve the Third Amendment to Operating Covenant and Restrictive Covenants Affecting Interests In Real Property with Creative Bus Sales, Inc.
Staff Report By: Jackie Melendez, Assistant City Manager RECOMMENDATION: 1) Conduct a Public Hearing, 2) approve the Third Amendment to Operating Covenant and Restrictive Covenants Affecting Interests in Real Property between the City of Chino and Creative Bus Sales, Inc. and 3) authorize the City Manager to execute all necessary documents on behalf of the City.
Mayor Ulloa opened the public hearing.
Jackie Melendez, Assistant City Manager, provided a report on the item.
Mr. Steve Chung, Regional Vice President of Creative Bus Sales, Inc., thanked the City of Chino for the support and indicated that he is looking forward for the continued partnership.
Council Member Burton thanked Mr. Chung for his continued partnership.
Mayor Ulloa closed the public hearing.
Motion by Mayor Pro Tem Comstock, seconded by Council Member Lucio, to 1) Conduct a Public Hearing, 2) approve the Third Amendment to Operating Covenant and Restrictive Covenants Affecting Interests in Real Property between the City of Chino and Creative Bus Sales, Inc. and 3) authorize the City Manager to execute all necessary
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documents on behalf of the City. The motion carried by the following vote:
AYES: ULLOA, COMSTOCK, BURTON, AND LUCIO
NOES: NONE.
ABSENT: FLORES
NEW BUSINESS
Introduction of Ordinance No. 2023-018 regarding City of Chino Designated Holidays. Approve the introduction of Ordinance No. 2023-018 Amending Chapter 2.52 of the Chino Municipal Code pertaining to Holidays.
Staff Report By: Debbie Pacheco, Deputy Director of Human Resources/Risk Management RECOMMENDATION: Approve the Introduction of Ordinance No. 2023-018, pertaining to the designation of specific holidays upon which public offices and buildings of the City of Chino will se closed, to be read by title and number only and waive further reading of the Ordinance.
Debbie Pacheco, Deputy Director of Human Resources, provided a report on the item.
City Attorney Fred Galante read the title of the ordinance into the record:
ORDINANCE 2023-018: AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING
ORDINANCE NO. 2019-014, SECTION 2.52.020, OF THE
CHINO MUNICIPAL CODE DESIGNATING SPECIFIC
HOLIDAYS UPON WHICH NON-SAFETY PUBLIC OFFICES
AND BUILDINGS OF THE CITY OF CHINO SHALL BE CLOSED
Motion by Council Member Lucio, seconded by Mayor Pro Tem Comstock, to Approve the Introduction of Ordinance No. 2023-018, pertaining to the designation of specific holidays upon which public offices and buildings of the City of Chino will be closed, to be read by title and number only and waive further reading of the Ordinance. The motion carried by the following vote:
AYES: ULLOA, COMSTOCK, BURTON, AND LUCIO
NOES: NONE.
ABSENT: FLORES
19. Award of Contract - Ice America - Portable Ice-Skating Rink Approve a Contract with Ice-America in the amount of $446,801 for a Portable Ice-Skating Rink Services.
Staff Report By: Mayra Pratt, Community Services Manager RECOMMENDATION: 1) Approve a contract with Seaside Ice, LLC dba Ice-America in the amount of $446,801 for the services of a portable outdoor ice-skating rink and ancillary equipment, and (2) authorize the City Manager to execute all necessary documents on behalf of the City.
Item No. 19 was pulled and returned to staff. No action was taken on Item No. 19.
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MAYOR AND COUNCIL REPORTS
Mayor Ulloa
Mayor Ulloa reported on meeting and events attended since the last meeting that included the Chino Demolition Derby; retirement celebration for Terry Catlin, General Manager of Water Facilities Authority, and newly appointed General Manager Van Jew; Mayor's Prayer Breakfast; Police Chief Simmons Retirement Walk of Honor; Relay for Life; Police Chief Mensen's Swearing In Ceremony; presented a Proclamation for Senior Citizen's Day; Chino Boxing Foundation Fight Night; and the September Senior Birthday Celebration.
Mayor Pro Tem Comstock
Mayor Pro Tem Comstock reported on meetings and events attended since the last meeting that included the Chino Demolition Derby; Chino Boxing Foundation Fight Night; and Chief Simmons Retirement Walk of Honor. She thanked the residents who spoke tonight regarding truck traffic and Ayala Park softball fields and assured that the City will work on their concerns.
She thanked Mayor Ulloa for providing the in memoriam recognition for Glenn Duncan, Father Mike Maher, and Donna De Bie and congratulated the recent Police Department promotions.
Council Member Burton
Council Member Burton reported on meetings and events attended since the last meeting that included reading to elementary students at the Chino Community Garden; UChooze back to school giveaway at the Chino Community Building with the Chino Police Department and Chino Valley Fire Department; National Night Out; Chief Simmons Retirement Walk of Honor; Blue Ribbon Breakfast; Chief Mensen Swearing In Ceremony; and Saturday Night Fight sponsored by the Chino Youth Boxing Foundation and congratulated Council Member Flores for an impressive performance. Council Member Burton congratulated the recent Police Department promotions and offered his condolences to families of Glenn Duncan, Donna De Bie and Father Mike Maher.
Council Member Flores
Council Member Flores was absent - excused.
Council Member Lucio
Council Member Lucio reported on meetings and events attended since the last meeting that included the Chino Demolition Derby, meeting with Mr. Henry Hong regarding his development project near College Park/Ayala Park and is hopeful it will start by next year; attended Chief Simmons Retirement Walk of Honor; and Chief Mensen's Swearing In Ceremony and offered him full support as he takes on his new role. He wished his mother and son a happy birthday and expressed his condolences to Glenn Duncan, Father Maher, and Donna De Bie.
City Manager's Report
City Manager Linda Reich thanked staff for the proactive preparations taken for Tropical Storm Hilary and invited residents to attend the upcoming Emergency Preparedness Fair.
City Attorney's Report
City Attorney Fred Galante provided a brief update on the Inland Empire Utilities Authority (IEUA) agreement and will provide an update to the City Council at the next meeting. He expressed his condolences to the family of Glenn Duncan.
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Police Chief's Report
Chief Mensen expressed his appreciation and support for his Swearing In Ceremony and congratulated the recent Police Department promotions. He provided an update regarding the recent Los Angeles County homicide and vehicle abandoned in the City of Chino, and reported the suspect was arrested on Sunday by Los Angeles County Sheriff. Chief Mensen reported on the current staffing or commercial traffic enforcement and will continue to work with the State Department of Transportation to address the commercial enforcement signage concerns.
Council Members recommended options for commercial vehicle traffic signage and identifying traffic patterns.
Fire Chief's Report
Fire Chief Dave Williams provided a report on the Chino Valley Fire District drone program which will help provide the ability to see structures to combat incidents and shared about the addition of a therapy dog at the District. He reported on the proactive efforts taken to prepare for Tropical Storm Hilary and thanked the Chino Valley Fire District personnel who reported to work and noted that he is looking forward working with Chief Mensen and the newly promoted Police Department command staff.
ADJOURN IN MEMORY OF GLENN DUNCAN, DONNA DE BIE, AND FATHER MIKE MAHER The meeting adjourned at 8:06 p.m. in memory of Glenn Duncan, Donna De Bie, and Father Mike Maher.
The next meeting of the City Council will be a Workshop held on Tuesday, September 12, 2023 at 6:00 p.m. The next Regular Meeting will be held on Tuesday, September 19, 2023 at 6:00 p.m (Closed Session no earlier than 4:00 p.m. if necessary) in these Council Chambers.
APPROVED AND ADOPTED THIS 19TH DAY OF SEPTEMBER 2023.
dam allo
BUNICE M. ULLOA, MAYOR
NATALIE GONZAGA, CITY CLERK
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(These minutes are not official until signed.)